Terms and conditions

Last updated: September 10, 2026

This is a translation of the Dutch original. In the event of any difference in interpretation, the Dutch version prevails.

Article 1. Definitions

In these terms and conditions the following definitions apply:

1.1B&O Security Group B.V., together with all of its affiliated companies, which include at least B&O Safety and Care B.V., B&O Horeca and Events B.V. and B&O Services B.V., engaged in organising, coordinating and (arranging for) the performance of security services and related work, including the planning, deployment and direction of personnel. Depending on the nature of the services, any one of these companies may act as the contracting party. Communication, the performance of work and/or invoicing may take place through different affiliated companies without affecting the applicability of these terms and conditions.
1.2Affiliated companies: all legal entities that are directly or indirectly connected to B&O Security Group B.V. in organisational, financial or legal terms and that are involved in the performance of the agreement, the deployment of personnel and/or invoicing.
1.3Client: any natural or legal person who enters into an agreement with B&O Security Group B.V., makes a request, gives an assignment or otherwise uses the services of B&O Security Group B.V., whether the agreement is concluded directly with B&O Security Group B.V. or with an affiliated company.
1.4Agreement: any agreement with B&O Security Group B.V., whatever its form or name, including oral arrangements, order confirmations, schedules, rosters, email and messaging-app communication, as well as follow-up and additional assignments.
1.5Services: all work carried out by or on behalf of B&O Security Group B.V. in the field of security and related activities, including but not limited to premises security, hospitality security, event security, supervision and mobile patrols, as well as organising, planning, coordinating and facilitating the deployment of security personnel.
1.6Personnel: all persons deployed by or on behalf of B&O Security Group B.V. in the performance of the agreement, whatever the nature of the legal relationship.
1.7Self-employed contractor: a self-employed person without employees who carries out work for B&O Security Group B.V. on the basis of a contract for services, without there being an employment contract.
1.8ND licence holder: a party holding a valid licence within the meaning of the Dutch Private Security Organisations and Detective Agencies Act (Wpbr), under which personnel may formally be employed and under whose licence security work is carried out.
1.9Subcontractor: a third party engaged by B&O Security Group B.V. to carry out (part of) the agreed work, including making personnel available or deploying them.
1.10Schedule: the roster, timetable or deployment overview drawn up by B&O Security Group B.V. recording how the services are to be performed.
1.11Open shift: a scheduled shift for which B&O Security Group B.V. is responsible for filling the staffing.
1.12In writing: all forms of communication that can be reproduced and recorded durably, including communication by email and through digital systems.
1.13Premises: the location or locations where the services are performed.
1.14Parties: B&O Security Group B.V. and the client together.

Article 2. Applicability

2.1These terms and conditions apply to all offers, quotations, agreements, assignments, work and other legal relationships involving B&O Security Group B.V., however they came about and whatever they are called.
2.2These terms and conditions also apply to all agreements performed in whole or in part by, or making use of, one or more affiliated companies of B&O Security Group B.V., whichever legal entity concludes the agreement, carries out the work or handles the invoicing.
2.3If the agreement is performed through a legal entity other than B&O Security Group B.V., these terms and conditions continue to apply in full and that legal entity is deemed to form part of B&O Security Group B.V. within the meaning of these terms.
2.4These terms and conditions apply from the moment a request is made, an assignment is given, a schedule is accepted, personnel is deployed or the services are otherwise performed by or on behalf of the client, whether or not an agreement has been recorded in writing.
2.5These terms and conditions also apply to all follow-up assignments, additional assignments and future agreements between the parties.
2.6The applicability of any general terms and conditions of the client is expressly rejected and is valid only if expressly accepted in writing by B&O Security Group B.V.
2.7Departures from or additions to these terms and conditions are valid only if expressly agreed in writing, and apply only to the specific agreement to which they relate.
2.8If one or more provisions of these terms and conditions are wholly or partly void or are annulled, the remaining provisions remain in full force. In that case the parties will consult in order to agree a replacement provision that stays as close as possible to the purport of the original.
2.9In the event of a conflict between provisions of a separate agreement and these terms and conditions, the provisions of the agreement prevail, unless expressly agreed otherwise.

Article 3. Formation of the agreement

3.1An agreement with B&O Security Group B.V. is formed at the moment an assignment or agreement is confirmed by the client, or is confirmed in writing by B&O Security Group B.V.
3.2All offers and quotations from B&O Security Group B.V. are without obligation and valid for the period stated in them. If no period is stated, a validity of 14 days from the date of issue applies, after which the offer lapses by operation of law.
3.3If B&O Security Group B.V. starts performing work at the client's request, the client is deemed to have agreed to the agreement and to these terms and conditions.
3.4The agreement is formed through an order confirmation, agreement or other written confirmation, unless agreed otherwise in writing.
3.5A schedule, deployment or shift provided by B&O Security Group B.V. counts as performance of the agreement and is deemed to have been accepted by the client, unless the client objects in writing before the shift begins.
3.6A schedule, deployment overview or confirmation sent by B&O Security Group B.V. is deemed to be correct and complete, unless the client objects in writing and in good time.
3.7Changes to the agreement are valid only if agreed in writing. B&O Security Group B.V. is not obliged to accept oral or unconfirmed changes.
3.8If the client does not object to a confirmation or schedule and the work takes place, its content is deemed to have been accepted by the client.

Article 4. Term and termination of the agreement

4.1B&O Security Group B.V. will perform the agreement to the best of its knowledge and ability and will make every effort to deliver the services properly. B&O Security Group B.V. has an obligation to use its best efforts only, not an obligation to achieve a result.
4.2Depending on the nature of the assignment, B&O Security Group B.V. acts as organiser, coordinator and/or provider of the services. The actual performance may take place wholly or partly through personnel or through third parties, including self-employed contractors.
4.3Where work is carried out on the instructions of another security organisation or ND licence holder, it is performed under that party's responsibility. In that case the ultimate responsibility for the performance of the security work lies with that party.
4.4Where there is a direct assignment, B&O Security Group B.V. is responsible for organising and coordinating the services and is entitled to outsource performance wholly or partly to third parties.
4.5B&O Security Group B.V. is responsible for the planning and deployment of personnel in so far as this concerns open shifts filled by B&O Security Group B.V. B&O Security Group B.V. is entitled to replace personnel where it considers this necessary.
4.6B&O Security Group B.V. will make every effort to arrange replacement if personnel drops out, but cannot guarantee that replacement is possible in all cases.
4.7In so far as work is carried out by self-employed contractors, they remain independently responsible for their conduct and for performing the work. B&O Security Group B.V. is not liable for damage arising from the acts or omissions of these self-employed contractors, unless there is intent or deliberate recklessness on the part of B&O Security Group B.V.
4.8The client is responsible for the conditions at the premises, including the safety, accessibility and suitability of the working environment. If in the opinion of B&O Security Group B.V. the situation is unsafe or unworkable, B&O Security Group B.V. is entitled to suspend or end the work.
4.9During the performance of the work, personnel of B&O Security Group B.V. may receive instructions from the client in so far as these relate to carrying out the assignment. B&O Security Group B.V. nevertheless retains the right to give directions to its personnel and to steer the performance.
4.10B&O Security Group B.V. does not warrant that the deployment of personnel will lead to any particular result and is not responsible for decisions, policy or instructions of the client or of third parties.
4.11B&O Security Group B.V. is not responsible for damage arising from incorrect, incomplete or late information from the client.

Article 5. Obligations of the client

5.1The client ensures that all information necessary for the proper performance of the agreement is provided to B&O Security Group B.V. in good time, in full and correctly.
5.2The client is responsible for creating and maintaining a safe, accessible and suitable working environment at the premises where the work is carried out.
5.3The client ensures that personnel of B&O Security Group B.V. has timely access to the premises and can use all facilities and resources reasonably necessary for carrying out the work.
5.4The client is responsible for giving clear and correct instructions regarding the performance of the work, in so far as these fall within its sphere of influence.
5.5The client refrains from conduct that hinders or complicates the performance of the agreement and ensures that third parties at the premises behave accordingly.
5.6If the client fails to meet its obligations or fails to meet them in time, B&O Security Group B.V. is entitled to suspend performance of the agreement without being liable for any damages.
5.7The client warrants the accuracy of the information it provides and indemnifies B&O Security Group B.V. against damage arising from incorrect, incomplete or late information.
5.8The client is obliged to notify B&O Security Group B.V. in writing and in good time of any changes affecting the performance of the agreement.
5.9The client may not have personnel of B&O Security Group B.V. carry out work outside the agreed assignment, unless B&O Security Group B.V. has given prior written consent.

Article 6. Rates, payment and invoicing

6.1All rates applied by B&O Security Group B.V. are expressed in euros and exclude VAT and other government-imposed levies, unless expressly stated otherwise.
6.2The rates for the services are set out in the agreement, quotation or order confirmation. B&O Security Group B.V. is entitled to set rates and, where there is cause to do so, to change them.
6.3Invoicing takes place on the basis of the hours actually worked or in accordance with the arrangements made between the parties. The records kept by B&O Security Group B.V., including schedules, hour registrations and deployment overviews, serve as leading evidence, unless the client objects in writing and with reasons within a reasonable period after the invoice date.
6.4Invoicing may be carried out by B&O Security Group B.V. or by one of its affiliated companies. The client is obliged to pay the invoice to the legal entity stated on it and cannot rely on the fact that another entity is involved in the agreement.
6.5Unless agreed otherwise in writing, a payment term of 30 days from the invoice date applies.
6.6The client is not entitled to suspend or set off its payment obligations, except in so far as mandatory law provides otherwise.
6.7If the client does not pay on time, it is in default by operation of law without any further notice of default being required. From that moment the client owes statutory commercial interest on the outstanding amount.
6.8All costs, both judicial and extrajudicial, that B&O Security Group B.V. has to incur in order to obtain payment are for the account of the client. Extrajudicial collection costs are calculated in accordance with the statutory scale.
6.9B&O Security Group B.V. is entitled to suspend or end its work if the client fails to meet its payment obligations, without being liable for any damages.
6.10Payments by the client are applied first to the costs owed, then to the interest that has fallen due and finally to the principal sum.

Article 7. Changes and cancellation

7.1Cancellation of scheduled shifts by the client must be made in writing.
7.2If a scheduled shift is cancelled by the client more than 48 hours before the shift begins, the client owes no fee, unless stated otherwise in writing.
7.3If cancellation takes place within 48 hours before the shift begins, the client owes a reasonable fee to be determined by the contractor. If cancellation takes place within 24 hours before the shift begins, or if the client does not appear or the shift does not go ahead due to circumstances attributable to the client, the client owes the full agreed rate.
7.4If personnel has already been scheduled, reserved or called up for the shift, B&O Security Group B.V. is entitled to charge the client for all or part of the costs involved, regardless of when the cancellation is made.
7.5Changes to the schedule, location, nature or scope of the work must be notified to B&O Security Group B.V. in writing and in good time. B&O Security Group B.V. is not obliged to accept such changes and is entitled to attach additional conditions or costs to carrying out the amended assignment.
7.6If, in the opinion of B&O Security Group B.V., changes affect the deployment, planning or performance of the services, B&O Security Group B.V. is entitled to amend the agreement accordingly.
7.7If a shift is interrupted, ended early or does not go ahead due to circumstances for the account and risk of the client, the client remains obliged to pay the agreed fee in full.
7.8B&O Security Group B.V. is entitled to refuse, suspend or end an assignment if the client fails to meet its obligations, including payment obligations, or if circumstances arise that make performance of the agreement reasonably impossible or unacceptable.
7.9B&O Security Group B.V. is further entitled to refuse or end performance of the agreement where the circumstances at the premises are unsafe, unlawful or otherwise unacceptable.
7.10In all cases where the agreement is amended, suspended or ended under this article, the client remains obliged to pay for work already carried out and costs already incurred.
7.11Cancellation or amendment of the agreement by the client never entitles the client to damages or any form of compensation, unless expressly agreed otherwise in writing.

Article 8. Default and collection costs

8.1If the client does not pay within the agreed payment term, it is in default by operation of law, without any further notice of default being required.
8.2From the moment the client is in default, it owes statutory commercial interest on the outstanding amount.
8.3All reasonable costs of obtaining payment out of court are for the account of the client. Extrajudicial collection costs are calculated in accordance with the Dutch Extrajudicial Collection Costs (Fees) Decree, with a minimum of € 150.
8.4If B&O Security Group B.V. is compelled to hand its claim over for collection, all associated costs, including the costs of legal assistance, litigation costs and any enforcement costs, are for the account of the client in full.
8.5Payments made by the client are always applied first to the costs owed, then to the interest that has fallen due and finally to the principal sum due, whatever instruction the client may give to the contrary.
8.6In the event of default, B&O Security Group B.V. is entitled to suspend its obligations under the agreement, including suspending current and future work, without being liable for any damages.
8.7If payment continues to be withheld, B&O Security Group B.V. is also entitled to rescind the agreement in whole or in part, without prejudice to its right to full compensation.
8.8All claims of B&O Security Group B.V. against the client become immediately due and payable if the client is declared bankrupt, applies for suspension of payments, discontinues its business or otherwise loses free disposal of its assets.
8.9If B&O Security Group B.V. requires security for payment because of doubts about the client's creditworthiness, the client is obliged to provide that security on first request. Failing that, B&O Security Group B.V. is entitled to suspend or end performance of the agreement.

Article 9. Liability

9.1The liability of B&O Security Group B.V. is in all cases limited to the amount paid out in the case concerned by its liability insurance, plus any deductible. If for any reason no payment is made under the insurance, liability is limited to the amount paid by the client for the assignment concerned, unless there is intent or deliberate recklessness.
9.2B&O Security Group B.V. is liable only for direct damage that is the direct and demonstrable result of an attributable failure in the performance of the agreement, unless there is intent or deliberate recklessness.
9.3Any liability for indirect damage is expressly excluded, unless there is intent or deliberate recklessness. Indirect damage includes consequential loss, lost profit, missed savings, reputational damage, business interruption, damage caused by business standstill and damage resulting from third-party claims.
9.4B&O Security Group B.V. is not liable for damage arising from or connected with incorrect, incomplete or late information provided by the client or by third parties acting on the client's behalf.
9.5Where B&O Security Group B.V. carries out work as a subcontractor, performance takes place under the responsibility of the client or ND licence holder concerned. In that case the ultimate responsibility for the performance of the security work lies with that party, and B&O Security Group B.V. is not liable for damage arising from the performance of the work.
9.6In so far as B&O Security Group B.V. uses self-employed contractors or other engaged third parties to perform the agreement, they carry out their work under the responsibility of B&O Security Group B.V. The liability of B&O Security Group B.V. for errors, omissions or conduct of these persons is limited in accordance with this article.
9.7Where personnel employed by B&O Security Group B.V. is deployed, any liability is limited to damage caused by demonstrable errors during the performance of the work, subject to the other limitations in this article.
9.8B&O Security Group B.V. is never liable for damage caused by circumstances outside its sphere of influence, including the acts or omissions of third parties on site, conditions at the premises or instructions of the client, unless there is intent or deliberate recklessness.
9.9The client indemnifies B&O Security Group B.V. against all third-party claims arising from or connected with the performance of the agreement, unless there is intent or deliberate recklessness on the part of B&O Security Group B.V.
9.10Any claim for damages lapses if it is not submitted to B&O Security Group B.V. in writing and with reasons within 30 days of the damage being discovered.
9.11This article also applies for the benefit of third parties engaged by B&O Security Group B.V., including personnel, self-employed contractors and cooperation partners.

Article 10. Force majeure

10.1B&O Security Group B.V. is not obliged to perform any obligation under the agreement if it is prevented from doing so, wholly or partly, temporarily or permanently, as a result of force majeure.
10.2Force majeure means any external cause, whether foreseen or unforeseen, over which B&O Security Group B.V. has no influence and as a result of which performance of the agreement cannot reasonably be required of it.
10.3Force majeure includes, but is not limited to: illness, incapacity for work or the dropping out of personnel or engaged third parties, unexpected absence or non-appearance of deployed persons, traffic congestion or transport problems, failures in communication or planning systems, power cuts, fire, government measures, pandemics, strikes, extreme weather conditions, safety risks on site, and any other circumstance that hinders performance of the agreement.
10.4In the event of force majeure, B&O Security Group B.V. is entitled to suspend performance of the agreement for the duration of the force majeure, without being liable for any damages.
10.5If the force majeure lasts longer than 30 days, both parties are entitled to end the agreement in whole or in part, without any obligation to pay damages arising.
10.6In so far as B&O Security Group B.V. has already partly performed its obligations at the time the force majeure arises, or is still able to perform them, it is entitled to invoice that part separately. The client is obliged to pay that invoice.
10.7In the event of force majeure, B&O Security Group B.V. will make every effort, in so far as reasonably possible, to offer replacement deployment or an alternative solution, but is not obliged to do so.
10.8Force majeure on the part of B&O Security Group B.V. never entitles the client to damages, rescission or suspension of its payment obligations.

Article 11. Deployment of personnel

11.1B&O Security Group B.V. is responsible for the planning and deployment of personnel for the performance of the agreement, and will make every effort to deliver the services properly, without this constituting an obligation to achieve a result.
11.2B&O Security Group B.V. is entitled to use employed personnel, self-employed contractors and/or other third parties in performing the agreement. The choice of which persons to deploy rests solely with B&O Security Group B.V.
11.3B&O Security Group B.V. gives no guarantee as to the deployment of any specific person. It is entitled at all times to replace deployed persons with others whom it considers equivalent.
11.4If a deployed person is unavailable through illness, other commitments, a no-show or other circumstances, B&O Security Group B.V. will make every effort to arrange a replacement. B&O Security Group B.V. is not, however, obliged to guarantee replacement.
11.5A failure to provide replacement does not entitle the client to damages, rescission or suspension of payment obligations, unless expressly agreed otherwise in writing.
11.6B&O Security Group B.V. is entitled to adjust the deployment, planning and composition of personnel where it considers this necessary for the proper performance of the agreement.
11.7Where the client sets specific requirements for the deployment of personnel, these apply only if and in so far as they have been agreed in writing. B&O Security Group B.V. reserves the right to refuse such requirements if they are not feasible or reasonable.
11.8Where deployment takes place through third parties, including self-employed contractors or cooperation partners, those persons carry out their work under their own responsibility. B&O Security Group B.V. is not liable for the acts or omissions of these persons, except in the event of intent or deliberate recklessness on the part of B&O Security Group B.V.
11.9B&O Security Group B.V. is not liable for damage resulting from delay, drop-out or limited availability of personnel, unless there is intent or deliberate recklessness.
11.10The client is not entitled to give direct instructions to persons deployed by B&O Security Group B.V. that fall outside the agreed work.

Article 12. Nature of the services

12.1The services provided by B&O Security Group B.V., including security work and related services, are by their nature aimed at contributing to safety, supervision and order, without any specific result being guaranteed.
12.2B&O Security Group B.V. does not warrant that the deployment of its services will prevent incidents, damage, theft, emergencies or other unwanted events. The client acknowledges that security is a risk-reducing measure and offers no guarantee that such events will not occur.
12.3The client accepts that residual risks remain despite the deployment of security, and that B&O Security Group B.V. is not responsible for excluding those risks entirely.
12.4The work carried out by B&O Security Group B.V. does not include continuous and all-encompassing monitoring of the premises, the persons present or goods, unless expressly agreed otherwise in writing. B&O Security Group B.V. is therefore not liable for damage arising because particular situations, conduct or incidents were not observed or were not identified in time.
12.5Any reports, notifications or records from B&O Security Group B.V. reflect observations at a particular moment and cannot be regarded as a complete or exhaustive record of everything that happened at the premises.
12.6The work is carried out within the framework of applicable laws and regulations, including the Dutch Private Security Organisations and Detective Agencies Act (Wpbr), and on the basis of the information and instructions provided by or on behalf of the client.
12.7B&O Security Group B.V. is not responsible for the content, accuracy or completeness of instructions, procedures or safety measures provided by the client, and cannot be held liable for damage arising from shortcomings in them.
12.8In so far as B&O Security Group B.V. acts as a subcontractor or in cooperation with a client or ND licence holder, the actual performance and direction of the work depends in part on that party. B&O Security Group B.V. is not liable for shortcomings arising from that cooperation or from that party's instructions.

Article 13. Force majeure

13.1B&O Security Group B.V. is not obliged to perform any obligation under the agreement if it is prevented from doing so by force majeure. Force majeure means any external circumstance over which B&O Security Group B.V. has no influence and as a result of which performance of the agreement is prevented in whole or in part, temporarily or permanently.
13.2The client is responsible for giving clear, timely and correct operational instructions regarding the work at the premises, including working methods, house rules, safety procedures and specific requirements for how the work is to be carried out.
13.3B&O Security Group B.V. is responsible for organising, planning and coordinating the deployment, but is not responsible for the substantive direction of work connected with the client's business operations, processes or internal organisation.
13.4Persons deployed by B&O Security Group B.V. carry out their work within the framework of the agreement, applicable laws and regulations and the reasonable instructions of the client. The client warrants the accuracy, completeness and lawfulness of those instructions.
13.5B&O Security Group B.V. is not liable for damage arising from following the client's instructions, unless those instructions are manifestly unreasonable, unsafe or unlawful.
13.6B&O Security Group B.V. is not responsible for the client's policy, internal organisation, security structure or other business processes, and cannot be held liable for damage arising from shortcomings in them.
13.7Where personnel employed by B&O Security Group B.V. is deployed, B&O Security Group B.V. remains responsible for the performance of the agreed work within the limits of the agreement and subject to the limitations of liability set out in these terms and conditions.
13.8Where self-employed contractors or other third parties are deployed, they carry out their work under their own responsibility. B&O Security Group B.V. is not liable for the acts or omissions of these persons, except in the event of intent or deliberate recklessness on the part of B&O Security Group B.V.
13.9The client is not entitled to have deployed persons carry out work falling outside the agreed assignment, or to deploy them for purposes other than those for which they were scheduled, unless B&O Security Group B.V. has given prior written consent.
13.10If the client gives instructions that in the opinion of B&O Security Group B.V. are unsafe, unlawful or otherwise unacceptable, B&O Security Group B.V. is entitled to suspend or end the work without incurring any liability.
13.11In so far as B&O Security Group B.V. acts as a subcontractor or in cooperation with an ND licence holder or another client, the substantive direction of the work may take place (in part) through that party. In that case B&O Security Group B.V. is not responsible for that direction or its consequences.

Article 14. Intellectual property

14.1Depending on the assignment, B&O Security Group B.V. carries out its work in the capacity of main contractor, subcontractor or supplier of personnel.
14.2Where B&O Security Group B.V. carries out work under the responsibility of a client, including work performed under that client's ND number or licence, responsibility for the performance of the work, its direction and compliance with applicable laws and regulations rests with that client.
14.3In the cases referred to in paragraph 2, B&O Security Group B.V. is responsible solely for making personnel available, and not for the manner of performance, the supervision of it or the result achieved.
14.4Where B&O Security Group B.V. acts as main contractor, it is responsible for the performance of the agreed work, subject to the limitations set out in these terms and conditions.
14.5B&O Security Group B.V. is entitled to use third parties, including self-employed contractors, in performing the agreement. These third parties carry out their work under their own responsibility.
14.6The client acknowledges that the role and responsibility of B&O Security Group B.V. depends on the capacity in which it acts and may differ from one assignment to another.
14.7In so far as work is carried out under the responsibility of a third party, B&O Security Group B.V. is not liable for shortcomings in the performance of the work, nor for damage arising from them.
14.8B&O Security Group B.V. is not responsible for obtaining, maintaining or complying with licences, obligations or regulations that rest with the client or with the party under whose responsibility the work is carried out.

Article 15. Non-solicitation

15.1During the term of the agreement and for twelve (12) months after it ends, the client may not, directly or indirectly, employ personnel of B&O Security Group B.V. or third parties engaged by B&O Security Group B.V., including self-employed contractors, have them work for it, or enter into any kind of business relationship with them, without the prior written consent of B&O Security Group B.V.
15.2Entering into a business relationship as referred to in paragraph 1 also includes deployment through third parties, entering into a contract for services, a cooperation or an intermediary arrangement, and any other construction under which the person concerned carries out work for the client.
15.3The prohibition in this article also applies to persons who were proposed by B&O Security Group B.V. but were ultimately not deployed through B&O Security Group B.V.
15.4If the client acts in breach of this article, it forfeits, without further notice of default, an immediately payable penalty of € 10,000 per breach, increased by € 500 for each day the breach continues.
15.5Without prejudice to paragraph 4, in the event of a breach the client owes an additional fee. This fee is set as a percentage, to be determined by B&O Security Group B.V., of the gross annual salary or the expected annual turnover of the person concerned, to compensate recruitment, selection and training costs.
15.6B&O Security Group B.V. reserves the right to claim full compensation in addition to the contractual penalty if the actual damage is higher.
15.7The client warrants that affiliated undertakings, cooperation partners and third parties acting on its behalf also comply with this article.

Article 16. Hour registration and the basis for invoicing

16.1Invoicing by B&O Security Group B.V. takes place on the basis of the hours, shifts and deployment data it has recorded.
16.2The records kept by B&O Security Group B.V., including schedules, hour overviews and other administrative data, serve as complete and binding evidence of the work performed, unless the client objects in writing and with reasons within 5 working days of the invoice date.
16.3If the client does not object within the period referred to in paragraph 2, it is deemed to have accepted the content of the invoice and the data underlying it.
16.4Corrections to data recorded by B&O Security Group B.V. are processed only if they are reported in good time and demonstrably, and have been accepted by B&O Security Group B.V.
16.5Any records kept by or on behalf of the client do not serve as leading evidence, unless expressly accepted in writing by B&O Security Group B.V.
16.6The client is responsible for checking the services delivered and the associated records in good time.
16.7Differences of opinion about the extent of the work performed do not entitle the client to suspend payment.

Article 17. Continuity of the services

17.1B&O Security Group B.V. will make every effort to continue the services as uninterrupted as possible, but does not guarantee continuous availability or deployment of personnel.
17.2The services depend on the availability of personnel, planning and other circumstances. B&O Security Group B.V. is entitled to adjust the deployment, planning and performance of the work where it considers this necessary.
17.3Interruptions, delays or changes in the services, whatever their cause, do not entitle the client to damages, rescission or suspension of payment obligations.
17.4B&O Security Group B.V. is not liable for damage resulting from a temporary or permanent interruption of the services, unless there is intent or deliberate recklessness.
17.5As far as possible, B&O Security Group B.V. will make every effort to offer a suitable solution in the event of drop-out or interruption, without being obliged to do so.

Article 18. Confidentiality

18.1The parties are obliged to keep confidential all information they obtain from each other in connection with the agreement and which they know, or can reasonably suspect, to be confidential.
18.2Confidential information includes all information relating to business operations, clients, rates, working methods, security measures, the deployment of personnel and other non-public data.
18.3The duty of confidentiality applies both during the term of the agreement and after it ends.
18.4B&O Security Group B.V. is entitled to share confidential information with third parties it engages, in so far as this is necessary for the performance of the agreement, provided those third parties are also bound to confidentiality.
18.5The client warrants that its employees, auxiliary persons and engaged third parties also comply with the duty of confidentiality set out in this article.
18.6The duty of confidentiality does not apply in so far as information:

was already public at the time it was provided;
was lawfully obtained from a third party without a duty of confidentiality;
must be disclosed under a legal obligation or court order.

18.1If the client acts in breach of this article, it owes, without further notice of default, an immediately payable penalty of € 5,000 per breach, increased by € 250 for each day the breach continues, without prejudice to the right of B&O Security Group B.V. to full compensation.

Article 19. Privacy and the processing of personal data

19.1In performing the agreement, B&O Security Group B.V. processes personal data of clients, contact persons, personnel and engaged third parties. This processing takes place in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
19.2B&O Security Group B.V. processes only personal data that is necessary for the performance of the agreement, including but not limited to name and contact details, company details, deployment and scheduling data and financial data.
19.3In so far as B&O Security Group B.V. processes personal data for the client, it acts as controller, unless expressly agreed otherwise. Where B&O Security Group B.V. acts as processor, a separate processing agreement will be concluded if required.
19.4B&O Security Group B.V. is entitled to share personal data with third parties in so far as this is necessary for the performance of the agreement, including clients, cooperation partners, software suppliers and administrative service providers.
19.5The client warrants that the personal data it provides was obtained lawfully and that processing it does not infringe the rights of data subjects. The client indemnifies B&O Security Group B.V. against third-party claims in this respect.
19.6B&O Security Group B.V. takes appropriate technical and organisational measures to protect personal data against loss or any form of unlawful processing.
19.7The way B&O Security Group B.V. handles personal data is set out in more detail in the privacy policy, which is available on the website or can be provided on request.
19.8Personal data is not kept longer than is necessary for the purpose for which it was collected, unless a statutory retention period applies.

Article 20. Complaints procedure

20.1Complaints about the performance of the agreement must be reported to B&O Security Group B.V. in writing and with reasons within 14 days of arising.
20.2The complaint must contain a clear description of the nature and content of the objection, so that B&O Security Group B.V. is able to assess it carefully.
20.3If a complaint is not submitted in good time or is insufficiently substantiated, B&O Security Group B.V. may decide not to deal with it. In that case the performance of the agreement is deemed to have been accepted.
20.4B&O Security Group B.V. will make every effort to assess a complaint within a reasonable period and, where it considers this appropriate, to offer a solution.
20.5Submitting a complaint does not suspend the client's payment obligation.
20.6Complaints do not entitle the client to damages, rescission or suspension, unless B&O Security Group B.V. has expressly confirmed otherwise in writing.
20.7Any solutions, concessions or adjustments are offered purely as a gesture of goodwill and do not constitute an acknowledgement of liability.

Article 21. Governing law and competent court

21.1All agreements between B&O Security Group B.V. and the client are governed exclusively by Dutch law, even if the client is established outside the Netherlands or the work takes place (in part) abroad.
21.2All disputes arising from or connected with the agreement or these terms and conditions are submitted to the competent court in the district where B&O Security Group B.V. has its registered office, unless mandatory law provides otherwise.
21.3The parties will make every effort to resolve disputes by mutual consultation in the first instance, before turning to the courts.

Article 22. Amendment of these terms and conditions

22.1B&O Security Group B.V. reserves the right to amend or supplement these terms and conditions unilaterally.
22.2Amendments also apply to existing agreements, provided the client has been informed of them in writing and in good time and has not objected in writing within 14 days of that notice.
22.3If the client objects to the amendment within that period, the terms originally agreed continue to apply until the current agreement is completed, unless the parties agree otherwise in writing.
22.4Amendments arising from mandatory legislation may be implemented immediately and without prior notice.