Terms & conditions

1. Applicability and Definitions

1.1 These general terms and conditions apply to all services, offers, and agreements between 3Bird, located in Oostzaan (Skoon 6B, 1511 HV Oostzaan, Tel: +31 (0)75-7993038, Email: contact@3bird.nl), and its clients, including business clients and public sector institutions.

1.2 The following definitions apply in these terms:

• Client: the party that receives or will receive a service from 3Bird.
• Service: any service provided by 3Bird, including but not limited to IT outsourcing, development teams, remote development, consultancy, and project management under the 3Bird method.
• Agreement: any verbal or written agreement, including offers and confirmations, in which the services of 3Bird are provided.

2. Services and Working Method

2.1 3Bird provides IT services as an extension of the client’s existing teams, following the 3Bird method. This ensures the benefits of outsourcing without the experience of working with a distant or disconnected team.

2.2 The working method consists of the following steps:

• Step 1: Introduction: A non-binding intake is conducted to understand the client’s needs and goals.
• Step 2: Action Plan: Based on the intake, a detailed plan is created, including goals, milestones, and timelines.
• Step 3: Talent Selection: Together with the client, the most suitable talent is selected from our wide international pool.
• Step 4: Execution and Monitoring: Upon approval, the project begins. Progress and results are continuously monitored and aligned with the client.

2.3 All agreements are recorded in a contract specifying scope, planning, rates, and other conditions.

3. Rates and Payment Terms

3.1 Rates are agreed per project or on an hourly basis and reflect current market standards.

3.2 Payments must be made according to the payment schedule specified in the agreement and upon receipt of an itemized invoice.

3.3 Travel and accommodation expenses, if applicable, will be invoiced separately as agreed.

3.4 3Bird reserves the right to adjust its rates. Any rate changes will be announced at least one calendar month in advance. If the client does not agree with the new rates, they may terminate the agreement with due observance of the applicable notice period.

4. Duration and Termination of the Agreement

4.1 The duration of the agreement is determined per project and depends on the agreed level of engagement.

4.2 Both 3Bird and the client may terminate the agreement in accordance with the notice period and procedures defined in the agreement.

4.3 Upon termination, all outstanding invoices must be settled immediately.

5. Liability and Force Majeure

5.1 3Bird is only liable for direct damages resulting from intentional misconduct or gross negligence.

5.2 3Bird shall never be liable for indirect damages, consequential loss, lost profits, or business interruption.

5.3 In the event of force majeure, obligations will be suspended, and the client will be informed as soon as reasonably possible.

6. Confidentiality and Privacy

6.1 All information provided by the client is treated as confidential and will not be disclosed to third parties without written consent.

6.2 Personal and company data are processed solely for the execution of the agreement and in compliance with applicable privacy laws, including the GDPR.

7. Intellectual Property

7.1 All software, documentation, and materials developed by 3Bird remain the property of 3Bird, unless explicitly agreed otherwise in writing.

7.2 The client only receives the usage rights as described in the agreement.

8. Disputes and Governing Law

8.1 All legal relationships between 3Bird and the client are governed exclusively by Dutch law.

8.2 Disputes will be resolved amicably whenever possible. If not, the competent court in the district where 3Bird is established shall have jurisdiction.

9. Changes and Amendments

9.1 3Bird reserves the right to change these general terms and conditions.

9.2 Changes become effective upon publication on the 3Bird website or upon written notification to the client.

10. Other Provisions

10.1 These terms, along with any written additional agreements, constitute the full agreement between 3Bird and the client.

10.2 If one or more provisions are found to be invalid or unenforceable, the remaining provisions shall remain fully effective.

11. Security and Cybersecurity

11.1 3Bird implements appropriate technical and organizational measures to protect its systems and services against loss, theft, unauthorized access, modification, or any form of unlawful use.

11.2 Despite these measures, absolute security cannot be guaranteed. 3Bird is not liable for damage caused by security incidents, unless resulting from gross negligence or willful misconduct.

11.3 In the event of a security incident or data breach, 3Bird will notify the client as soon as reasonably possible, providing details on the nature, scope, and any remedial actions taken.

11.4 The client is responsible for securing its own networks, devices, and access credentials in connection with the use of 3Bird’s services.

11.5 If 3Bird is granted access to the client’s infrastructure or systems at the client’s request, such access is at the client’s own risk and responsibility.

For questions or further clarification, please contact us at +31 (0)75-7993038 or contact@3bird.nl.

These terms and conditions were drafted by 3Bird and apply to all services and projects provided by 3Bird.