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Frequently asked questions
Legal Advice & Guidance
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What kind of legal advice can I expect from Contract Vision?
Contract Vision provides advice on contract drafting, review, strategy, ensuring your business interests are well protected. We offer guidance on both Dutch and international contracting, helping you make legally sound decisions that safeguard your business.
Can you review my existing contracts for potential legal risks?
Yes, we can assess your current contracts to identify gaps or potential risks, making recommendations to enhance legal protection. This review process strengthens your contracts and reduces the chance of costly disputes.
Do you offer advice on international contracting and cross-border agreements?
Yes, we advise on cross-border contracts, helping you navigate the complexities of international agreements. Our expertise ensures your contracts comply with relevant laws and regulations, reducing risk in international business transactions.
What should I consider when entering into a long-term business contract?
When entering long-term contracts, ensure terms are adaptable to change and clearly define payment, liability, and termination conditions. Long-term contracts benefit from flexible clauses to protect your interests as business conditions evolve.
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Can you assist with contract negotiations on my behalf?
Yes, we can participate in negotiations to secure favorable terms for your business, ensuring all terms align with your objectives and protecting you from potential liabilities. Our expertise allows you to approach negotiations confidently and strategically.
How can I protect my business from legal disputes?
Clear, enforceable contracts and well-defined policies are key to avoiding disputes. Regular contract reviews, compliance with Dutch law, and preventive legal advice from Contract Vision help reduce the risk of costly legal issues.
What legal aspects should I be aware of when scaling my business?
Scaling a business brings new legal challenges, including employee contracts, intellectual property rights, and liability considerations. Attention to these areas ensures your growth is legally secure and helps avoid pitfalls that can arise with expansion.
General Terms and Conditions
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Are General Terms and Conditions mandatory?
No, General Terms and Conditions are not legally required in the Netherlands. However, they are highly recommended for businesses of any size. Having them in place protects your interests, clarifies the rights and responsibilities of both parties, and reduces the likelihood of disputes. They ensure transparency in your dealings and serve as a solid legal basis for your transactions.
Do I need to register my General Terms and Conditions with an official body?
No registration is required for General Terms and Conditions in the Netherlands. However, you must ensure they’re accessible to your customers before any agreement is finalized. Transparency is key, as undisclosed terms may not be enforceable, which can weaken your legal position if issues arise.
Can I change my General Terms and Conditions during an ongoing agreement?
Yes, you can change your terms, but only under specific conditions. If the original terms permit changes, you must still notify the client in advance. The customer’s consent is often necessary to implement changes, especially if the updates affect their rights or obligations. Be clear in communicating any adjustments and allow clients time to review them.
How do I apply my updated General Terms and Conditions?
To implement updated terms, inform all clients or users clearly and in advance. They must have a chance to review and accept the changes before they take effect. For ongoing agreements, notify clients formally (e.g., email or written notice) and provide a copy of the updated terms for transparency and legal compliance.
What is the duty to inform in General Terms and Conditions?
The duty to inform (informatieplicht) means you must provide clients with a clear understanding of the terms before they commit to an agreement. This transparency is legally required to ensure clients are fully aware of their rights, obligations, and any limitations within the terms.
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How do I comply with the duty to inform in a physical store?
In a physical store, display your General Terms and Conditions where customers can easily access and review them, such as near the checkout. Alternatively, offer printed copies upon request. If clients aren’t made aware of the terms, they may not be enforceable in a legal dispute.
How do I comply with the duty to inform when operating an online shop?
For online shops, provide a direct link to the terms on your website. This is typically placed on the checkout page with a checkbox for customers to confirm they’ve read and agree to them. The checkbox step is essential, as it ensures clients are informed and have actively agreed to the terms.
What should service providers focus on when drafting General Terms and Conditions?
Address key areas such as liability, payment terms, termination, and warranties. Use simple language to avoid misunderstandings and ensure the terms are practical for your services and transparent for your clients.
Do I need to use English General Terms and Conditions when selling abroad?
Although Dutch terms are valid, using English or another language that your clients understand is advisable for international sales. This reduces misunderstandings, builds trust with clients, and ensures the terms are clear and enforceable in cross-border transactions.
Tailor-Made Contracts
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What are the benefits of having a tailor-made contract?
A custom contract is designed specifically for your business needs, ensuring all aspects of your services are covered and risks minimized. Unlike generic templates, these contracts reflect the nuances of your operations and protect your interests, which reduces the chance of disputes and creates a stronger foundation for client relationships.
How is a tailor-made contract different from a standard template?
Tailor-made contracts go beyond standard templates by addressing your unique business needs, industry standards, and risk areas. Templates cover general situations but often miss critical points, while custom contracts specify your terms, liabilities, and expectations, making them highly effective and legally sound.
Can you help me create a contract specific to my industry?
Yes, we work with clients to create contracts tailored to their specific industry standards and legal requirements. By understanding your business, we can draft a contract that aligns with industry regulations and captures your operational needs, creating a reliable, professional document.
What types of contracts can be customized to fit my business needs?
Service agreements, partnership contracts, non-disclosure agreements, supplier and any other contracts can all be customized. Whether you need agreements for clients or suppliers, tailored contracts ensure clarity and legal protection in all your business dealings.
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How does the process work for creating a custom contract?
First, we assess your needs and understand your business and industry requirements. We then draft a contract based on this understanding, review it with you to incorporate feedback, and finalize it for your use.
What are the risks of using generic contracts instead of a tailor-made one?
Generic contracts are one-size-fits-all, which often leaves critical gaps and increases the risk of legal issues. They may not align with Dutch law or cover unique aspects of your business, which can lead to disputes. Tailor-made contracts address these gaps, protecting your interests and ensuring enforceability.
How often should I update my contracts to keep them relevant?
Review your contracts at least once a year, or whenever there are significant changes in laws, business practices, or client needs. Regular updates keep contracts aligned with current legal standards and help address any evolving business requirements.
Freelancers
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Do I need General Terms and Conditions as a freelancer (ZZP)?
Yes, General Terms and Conditions protect freelancers by clarifying payment terms, responsibilities, and liability. They help establish professional boundaries and provide a basis for resolving potential disputes, giving you peace of mind in client relations.
What clauses should I include in contracts with my clients to protect myself as a freelancer?
Include clauses on payment terms, liability limits, intellectual property rights, and termination. These essential terms protect your work, define responsibilities, and help avoid misunderstandings or delayed payments.
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Can I still use a tailor-made contract if I have multiple clients with different needs?
Yes, a flexible, tailor-made contract can be adapted for various clients. This allows you to maintain essential protections while adjusting terms for specific project needs, ensuring both clarity and efficiency.
How can I protect myself from non-payment or late payments as a freelancer?
Clear payment terms with deadlines and penalties for late payments can protect you. Including a clause for late fees provides motivation for timely payments, reducing the risk of cash flow issues.
Influencers & Social Media Agencies (ZZPers)
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Do influencers need contracts for brand partnerships or collaborations?
Yes, contracts for brand collaborations set clear expectations, protect your intellectual property, and ensure both parties understand their rights and obligations. Contracts reduce risks associated with non-payment and content misuse.
What should be included in a contract between a social media agency and a client?
Include deliverables, payment terms, timelines, confidentiality, and intellectual property terms. A well-drafted contract ensures both parties understand their roles and obligations, fostering a smooth working relationship.
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How can I protect my intellectual property rights in influencer marketing agreements?
Define ownership and usage rights of content created, making it clear what the brand can and cannot do with your work. Proper IP clauses protect your creative assets and ensure you retain control over your content.
What are the legal risks for influencers and agencies working with international brands?
International collaborations bring risks such as IP violations, payment delays, and compliance with advertising standards in multiple countries. Ensuring contracts address these risks helps safeguard your rights and income.
Private Limited Companies (BVs)
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What contracts are essential for PLCs to operate smoothly?
PLCs need employment agreements, supplier contracts, and shareholder agreements, as well as service contracts with clients. These contracts set clear terms for relationships and protect the company from legal risks and liabilities.
Do PLSs need different terms and conditions than sole proprietorships or ZZPers?
Yes, PLCs often face more complex operational and liability requirements, and their terms should reflect these. Tailored General Terms and Conditions for PLCs address these distinctions and protect directors and stakeholders.
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What legal protections should I have in place as a director of a PLC?
Director liability protection and governance agreements are essential to safeguard personal and business interests. This includes clear bylaws, shareholder agreements, and procedures to manage disputes and major decisions.
Can you help with shareholder agreements and governance documents for my PLC?
Yes, we draft and review shareholder agreements and governance structures, providing clarity on roles, responsibilities, and decision-making processes. These documents support smooth operation and reduce the risk of internal conflicts.