Why you need them
Absent terms, every dispute falls back on general law, which may favour the other side. Clear terms set expectations, cap your liability, define payment deadlines, and give you firm ground if a client withholds payment or complains unfairly.
What to include
- Payment terms and deadlines, plus what happens if a client pays late.
- A liability limitation (capping what you can be held responsible for).
- Delivery terms and timelines.
- Cancellation and complaint procedures.
- Which law applies (Dutch law) and how disputes are handled.
The crucial part: making them apply
Having terms is only half the job; the client must be able to know them before or at the moment of agreement. The safest approach is to provide them ("ter hand stellen") before the deal: attach them to your quote, link them in your proposal, and reference them on your invoice. Terms sprung on a client afterwards risk falling away.
Keep them fair
Dutch law protects consumers strongly. Terms that are unreasonably one-sided can be struck down ("vernietigd"). Balanced, clear terms are more likely to hold than aggressive ones.
Where to get them
You can buy sector-specific template terms, use those provided by a trade association, or have a lawyer draft them. Avoid copying a random competitor's terms blindly; they may fit poorly or may be invalid.
Register them (optional)
You can file your terms with the KVK or court registry. It stays optional, but it provides proof of what your terms were at a given time.
Two steps further
Alongside this belong What to Do When a Client Pays Late in the Netherlands, Liability as an Entrepreneur in the Netherlands and Protecting Your Trade Name.