Business Markers works as a sherpa alongside its clients: we guide, the client takes the steps. These terms set out in plain language how we work together, what we expect from each other, and how we handle budget, confidentiality, data and AI.
This is a translation of the Dutch original, Algemene voorwaarden Business Markers. In the event of any discrepancy, the Dutch version prevails.
1. Scope
These general terms and conditions apply to all services Business Markers provides to its clients. The client is deemed to know and accept them.
In the event of a conflict between these terms and an agreement or quotation signed by both parties, the provisions of that agreement or quotation prevail. The client’s own general terms and conditions are excluded, unless Business Markers accepts them expressly and in writing.
Arrangements that deviate from one or more provisions of these terms replace only those provisions. All other provisions remain in full force.
2. Subject of the services
Business Markers provides advice and guidance to make organisations perform better, through temporary assignments. Business Markers works in four domains: actionable strategy, engaged teams and leadership, customer growth, and the implementation of these trajectories.
The parties define the precise subject of the assignment at the start and adjust or extend it where this proves necessary during execution. Business Markers carries out the assignment professionally and carefully, in line with industry standards and with its values: Business Markers CARES.
The subject of the assignment, together with these terms, constitutes the agreement between Business Markers and the client.
3. Quotations
Quotations from Business Markers are without obligation and valid for 45 days, unless stated otherwise. An assignment binds Business Markers only after its written confirmation.
A confirmed assignment may only be revoked with the express written consent of Business Markers. Assignments of a recurring nature may be terminated with three months’ notice, by registered letter to Business Markers.
The cessation of activities or the bankruptcy of a party terminates the agreement by operation of law.
4. Business Markers’ commitments
Business Markers performs assignments in accordance with the arrangements set out in the quotation. Its commitments are best-efforts obligations, not obligations of result. Business Markers may subcontract parts of an assignment to partners or subcontractors; these terms then remain in full force and Business Markers remains ultimately responsible.
Business Markers delivers its services within a reasonable period. It is not liable for delays attributable to the client, to third parties or to force majeure.
If a Business Markers consultant is no longer available during the assignment (end of collaboration, illness, accident or any other reason), Business Markers may replace them within a reasonable period with a consultant of the same or a comparable level. Business Markers informs the client of this immediately.
If the client reasonably considers a consultant unsuitable for the assignment, the client reports this immediately, stating reasons. Business Markers then takes corrective measures in consultation with the client. If the problem persists, the parties decide together on replacement by a consultant of the same or a comparable level.
In the event of replacement, Business Markers ensures that the new consultant has the necessary client information. The client cooperates in this free of charge.
5. Client cooperation
The services of Business Markers are tailor-made and based on concrete facts. Smooth cooperation is therefore essential. The client provides, on its own initiative and in good time, all information connected with the assignment and warrants its accuracy, completeness and reliability.
If the client does not cooperate, does not do so in time, or does not do so as agreed, Business Markers may suspend its work or withdraw entirely from the assignment, without liability for the consequences thereof.
6. Fees
Business Markers charges for its services on the basis of hourly, half-day, day or project rates, or on the basis of another method agreed with the client. The rate takes account of the nature, complexity, duration and start date of the assignment. Business Markers may request one or more advance payments before and during the assignment; these are deducted from the final settlement.
- A day rate applies to each day with 5 to 8 hours of services; a half-day rate applies to 2 to 4 hours; below 2 hours the hourly rate applies. Travel time is included in the day rate.
- All rates are exclusive of VAT, materials and travel expenses. Travel expenses are charged at 0.70 euro per kilometre.
- Materials and other costs advanced by Business Markers on behalf of the client are invoiced at actual cost, increased by 8% administrative costs. This also applies to project rates and phase budgets.
- On project rates and phase budgets, Business Markers charges a project management fee of 10% on the sum of the agreed phase fees, unless agreed otherwise.
Co-creation and budget adjustment
Business Markers trajectories are designed and refined together with the client. Project rates and phase budgets are therefore a best estimate based on the information available at the start. If it emerges during the work that execution deviates by more than 10% from the agreed budget (due to a changed scope, additional participants, additional sessions, additional languages or locations, or additional deliverables), Business Markers reports this proactively. The parties discuss the impact and record an adjusted budget in an addendum.
Work that is not explicitly included in the assignment description is charged at the standard rates of Business Markers or through an additional project budget.
If the parties agree a project rate, phase budget, fixed price or lump sum in the quotation or agreement, that price arrangement prevails over the hourly, half-day and day rates in this article.
Indexation
Business Markers reviews its rates at least annually. Agreed fees may be adjusted to the consumer price index according to the following formula:
- P(n) = P(n-1) × (0.9 × I(n) / I(n-1) + 0.1)
- P(n) is the new price; P(n-1) the previous price.
- I(n) is the index figure for the month preceding the month for which the revision is calculated; I(n-1) the index figure applied to the previous price.
7. Cancellation and rescheduling
This article applies to all scheduled meetings, interviews, sessions, workshops and offsites. Rescheduling counts as cancellation, unless the parties immediately set a new date.
- Cancellation more than 20 working days before the date: no charge.
- Cancellation between 20 and 11 working days before the date: 50% of the fee for the scheduled service.
- Cancellation 10 working days or fewer before the date: 100% of the fee for the scheduled service.
Costs already incurred or contractually committed by Business Markers that are non-cancellable (for example venue, hotel, catering, transport) are always passed on, regardless of when the cancellation takes place.
8. Invoicing and payment
For project rates and phase budgets, Business Markers invoices per phase: 50% at the start of the phase and 50% on its delivery, or at the latest 30 days after the final plenary session of that phase. For hourly and day rates, Business Markers invoices monthly on the basis of the services delivered. The parties may agree a different arrangement in the quotation or agreement.
Invoices are sent electronically, via the Peppol network where this is legally required.
Invoices are payable within 30 calendar days of the invoice date, without discount. A party disputing an invoice must do so in writing and with reasons within 10 days of the invoice date; thereafter the invoice is deemed accepted.
In the event of late payment, default interest of 1% per month is due by operation of law and without notice of default from the due date, plus fixed compensation of 10% of the outstanding amount with a minimum of 250 euro, without prejudice to legal costs in the event of judicial recovery. In that case Business Markers may also suspend all its work for the client until all invoices have been paid, or terminate the collaboration with immediate effect, without liability for the consequences thereof.
9. Complaints and termination
The client reports complaints about the assignment by e-mail to hello@businessmarkers.com or by registered letter, within 10 days after the work concerned was made available. Later complaints do not give rise to any liability on the part of Business Markers.
An assignment for a fixed term cannot be terminated early, unless expressly agreed otherwise. If a party fails to fulfil a material obligation and does not remedy this within 30 days of a written notice of default, the other party may terminate the assignment in writing.
Upon termination, for whatever reason, Business Markers is entitled to payment for the services already delivered, pro rata for a phase that has started, and to reimbursement of the non-cancellable costs it has already incurred or committed.
10. Liability
The liability of Business Markers, its partners, subcontractors and appointees, in contract and in tort, is limited in principal, costs and interest to the amount excluding VAT charged in the file in which the liability arises, with a maximum of 5,000 euro per claim.
Business Markers is never liable for indirect damage, consequential damage, loss of use or loss of profit of the client or of third parties.
Business Markers makes reasonable efforts to keep its e-mails and attachments free of viruses. The client remains responsible for the security of its own IT systems. Business Markers is not liable for damage caused by receiving or using electronic communications from Business Markers.
Projects are never without risk and mistakes are human. Business Markers takes care in this respect and is insured for civil liability, both during operations and after delivery, and for professional liability.
11. Force majeure
Neither party is liable for the non-performance or late performance of its obligations due to force majeure: an event beyond its reasonable control that makes performance impossible, such as illness or accident of a consultant, strike, pandemic, government measures, or failure of utilities or of the venue. The affected party notifies the other party as soon as possible. The parties reschedule in mutual consultation; services already delivered and non-cancellable costs remain payable.
The parties expressly exclude the application of article 5.74 of the Belgian Civil Code (change of circumstances). Each party bears the risk of changed circumstances that make performance more onerous for it.
12. Data protection
By signing a quotation or starting a project, the client accepts the processing of personal data as described in the Business Markers privacy statement, available on the website. Each party complies with data protection legislation.
Business Markers processes personal data for the provision of the services, compliance with legal obligations, administration, accounting and client relationship management, the protection of confidential information, and informing client contacts about the activities of Business Markers. Anyone who no longer wishes to receive that information can say so free of charge by e-mail. Personal data may be shared with partners and service providers of Business Markers and with competent authorities, insofar as necessary for the assignment.
Business Markers may use cloud services to store data. Transfers outside the European Economic Area take place only with appropriate safeguards, such as standard contractual clauses or the EU-US Data Privacy Framework. Business Markers takes commercially reasonable security measures (encryption, password protection, firewall) against unauthorised access.
Where Business Markers processes personal data on behalf of the client, the parties conclude a data processing agreement on first request; Business Markers makes a standard model available for this purpose.
The client ensures that the personal data it provides to Business Markers has been collected lawfully, fairly and transparently. The parties negotiate in good faith about adjustments needed in the future to continue to comply with data protection legislation.
13. Confidentiality
Both parties treat the other party’s confidential information as strictly confidential, during the agreement and for 18 months after it ends. Confidential information is all non-public information about a party’s activities, strategy, organisation, finances, clients, know-how and projects, in whatever form.
This obligation does not apply to information that was already public or becomes public without fault of the receiving party, that the receiving party already lawfully held, that it lawfully obtained from a third party, or that it developed independently. If a party is legally required to disclose information, it notifies the other party in advance where permitted and discloses only the minimum.
Business Markers shares confidential information only with partners and subcontractors who need it for the assignment and who are bound by an equivalent confidentiality obligation. On first written request, each party returns or destroys the other party’s confidential information, except what is required for statutory retention obligations.
14. Interviews and assessments
Interviews, assessments and diagnostics serve to build a reliable picture of themes and patterns. Business Markers therefore reports on the basis of aggregated and anonymised insights.
Individual answers are not shared with the client at an individual level and are not attributed to persons, unless the person concerned expressly consents in advance.
15. Use of AI tools
Business Markers uses AI tools in the preparation, analysis and elaboration of its services, including for transcription, synthesis and drafting documents. The following rules apply:
- Business Markers uses AI tools only through business subscriptions in which the supplier contractually guarantees that the data is not used to train AI models and is processed only to carry out the requested task, under a data processing agreement.
- The client’s confidential information and personal data are entered into those tools only insofar as necessary for the assignment. Interview content is first stripped of names and identifying details.
- Every AI-supported output is reviewed and validated by a Business Markers consultant. Final responsibility for the deliverables remains with Business Markers.
- What we create with AI assistance remains the property of Business Markers as described under Intellectual property.
- The client may impose written restrictions on the use of AI for its assignment. This may have consequences for planning and budget; we discuss these in advance.
- Recordings and transcripts of sessions and interviews are deleted at the latest three months after use or at the end of the project, except where a statutory retention obligation applies.
16. Independence
The parties work together on an independent basis. Neither is an agent, distributor, partner, joint venture partner, co-owner or representative of the other. Business Markers is and remains an independent contractor, organises its work freely and is not under the hierarchical authority of the client. No employment relationship ever arises.
Given the nature of the services, Business Markers works closely with the client. In doing so, the client may give reasonable and general instructions, limited to what is permitted in subcontracting under article 31 of the Belgian Act of 24 July 1987 on temporary work, agency work and the provision of workers to users. Instructions concerning well-being at work and the performance of the agreement do not constitute the exercise of authority.
17. Intellectual property
Business Markers remains the exclusive owner of all intellectual property rights in its methodologies, models, templates, exercises, formats, tools and standard presentations, including where these are used or adapted during the assignment.
The project deliverables produced specifically for the client (such as reports, syntheses, charters, action plans and summary presentations) may be used freely by the client internally within its organisation and affiliated companies, for communication, alignment, implementation and follow-up. The client receives a non-exclusive, non-transferable internal right of use for this purpose.
The client may not sell, license, publish or make available to third parties any deliverables or materials of Business Markers without the prior written consent of Business Markers.
18. Non-solicitation
Business Markers invests in the recruitment, training and development of its team. Losing a team member to a client weighs heavily on its business.
The client therefore undertakes, during the agreement and for 18 months after it ends, not to approach, directly or indirectly, with a view to employment or collaboration, recruit, engage through a third party, or induce to end their collaboration with Business Markers, any employees, self-employed collaborators, consultants or subcontractors of Business Markers who are or were involved in the assignment, without the express written consent of Business Markers.
In the event of a breach, the client owes fixed compensation of 50,000 euro per person, excluding VAT, without prejudice to the right of Business Markers to claim higher proven damages. The parties acknowledge that this amount is a reasonable estimate of the expected damage.
19. Publicity
Business Markers may refer to the client and the services delivered in marketing and publicity material and may keep the details of the assignment in an internal database. The client may use the name and logo of Business Markers in the context of the performance of the services. Any other form of publicity about the collaboration takes place in mutual consultation.
20. Board mandates
As a matter of principle, Business Markers does not perform acts of management at clients and the client does not request this. An appointment as an (external) director is possible only with the prior written consent of Business Markers and the partner concerned, and provided there is directors’ liability insurance with sufficient cover for the director and for Business Markers during the mandate.
21. Transferability
The rights and obligations under the agreement are not transferable without the written consent of the other party. Business Markers may, however, transfer the agreement to an affiliated company within the Business Markers group; it then remains responsible for performance.
22. Changes to these terms
Business Markers may amend these terms. Each version carries a version number and a date and is published on the Business Markers website. A new version applies to quotations and assignments after the publication date. Ongoing assignments retain the version that applied at the time the assignment was confirmed.
Version archive
- Version 2026.1 — September 2026 — current version, published on this page
23. Governing law and competent courts
If a provision of these terms is void, the remaining provisions remain in full force. The parties replace the void provision in good faith with a valid provision having as similar an effect as possible. The parties preferably settle their disputes amicably.
Belgian law applies to the agreement. All disputes, including summary proceedings, fall within the exclusive jurisdiction of the Business Court of Ghent, Dendermonde division, and the Court of First Instance of East Flanders, Dendermonde division.
For assignments contracted by Business Markers Netherlands, Dutch law applies and the courts of Amsterdam have exclusive jurisdiction.
