Terms
Supplementary Terms Start (performance model)
Supplement to the General Terms and Conditions. The Dutch text is authoritative.
1. Applicability
1.1 These supplementary terms apply to agreements for the Start package. They supplement the General Terms and Conditions of FOR3. In the event of conflict, these supplementary terms prevail, and the quotation or registration confirmation prevails over both.
1.2 Capitalised terms have the meaning given in the General Terms and Conditions, unless otherwise provided below.
2. What FOR3 provides
2.1 FOR3 sets up for the Client an enquiry route (such as a landing page or enquiry form), measurement and access to FOR3 OS, as described in the registration confirmation.
2.2 There is no fixed fee. The Client pays only the performance fees set out in clause 5.
2.3 FOR3 has a best-efforts obligation. FOR3 does not guarantee any number of enquiries, won contracts, revenue or other results (clause 8 of the General Terms and Conditions).
3. Definitions
3.1 Enquiry: a message from a potential customer of the Client that arrives via an enquiry route set up and measured by FOR3 and is registered in FOR3 OS.
3.2 Validated enquiry: an Enquiry that meets all of the following criteria and that the Client has not rejected in time and with reasons (clause 4):
Additional criteria per sector may be set out in the registration confirmation.
3.3 Won contract: an agreement that the Client concludes with (the organisation of) the sender of a Validated enquiry within 12 months of that enquiry, regardless of the channel through which the agreement is subsequently concluded.
3.4 Contract value: the amount excluding VAT that the Client charges for the Won contract, excluding costs of third parties passed on. Additional work and follow-up assignments for the same organisation within this period are included.
- a. the enquiry contains usable contact details (at least a working email address or telephone number);
- b. the enquiry concerns a service or product that the Client offers according to the registration confirmation;
- c. the enquiry comes from the service area recorded in the registration confirmation;
- d. the enquiry is not a duplicate: the same person or the same company about the same subject within 30 days counts once;
- e. the enquiry is not spam, a test, a job application, a supplier offer or a request from an existing customer about an ongoing assignment.
4. Counting and rejection
4.1 FOR3 OS registers each Enquiry with date, time, source and status. The Client can view the count at all times in FOR3 OS.
4.2 The Client may reject an Enquiry within 5 working days of registration in FOR3 OS, stating a reason that refers to a criterion in clause 3.2. A rejection without a reason or after this period is not valid.
4.3 FOR3 assesses the rejection. If FOR3 disagrees, the parties will consult. If they cannot reach agreement, the procedure in clause 17 of the General Terms and Conditions (complaints) applies. [To be reviewed: relationship with the objection period of 14 days after the invoice date in clause 6 of the General Terms and Conditions.]
4.4 Won contracts are registered on the basis of the Client's notification (clause 7) or, failing that, on the basis of data lawfully available to FOR3, after which the Client is given the opportunity to respond.
4.5 The registration in FOR3 OS serves as evidence of the numbers, subject to proof to the contrary.
5. Fees
5.1 For each Validated enquiry the Client owes the amount stated in the registration confirmation (standard €100, determined per sector in the registration confirmation).
5.2 For each Won contract the Client owes 4% of the Contract value, up to a maximum of the amount stated in the registration confirmation per Won contract.
5.3 FOR3 may agree a maximum number of Validated enquiries per month. Enquiries above that maximum are not charged, unless the Client has agreed in writing in advance to a higher maximum.
5.4 All amounts are excl. VAT.
6. Invoicing and direct debit
6.1 FOR3 invoices monthly in arrears, after the rejection period for the last enquiries of that month has expired. For each Validated enquiry and Won contract, the invoice states the registration in FOR3 OS.
6.2 On registration, the Client grants a mandate for direct debit (SEPA). FOR3 gives advance notice of each direct debit with the amount and date, at least 5 days in advance [period to be reviewed; SEPA rules and mandate type (Core or B2B)].
6.3 If a direct debit fails, the payment term and the late-payment provisions of clause 6 of the General Terms and Conditions apply.
6.4 FOR3 never collects without a valid mandate.
7. Client's duty to provide information
7.1 Within 10 working days of concluding an agreement or of its failure, the Client records in FOR3 OS the outcome of each Validated enquiry, together with the Contract value.
7.2 At FOR3's request, the Client provides the information necessary to determine the fee.
7.3 If the Client fails to comply with this obligation, FOR3 may reasonably estimate the Contract value on the basis of the average contract value from the Growth Scan.
8. Right of audit
8.1 FOR3 may, no more than once a year, and additionally where there is a well-founded indication of incorrect reporting, have the data necessary to determine the fees audited. This takes place by appointment, with at least 10 working days' notice, and where necessary by an independent chartered accountant bound by confidentiality.
8.2 The costs of the audit are borne by FOR3, unless it emerges that the Client has under-reported by more than 5%. In that case the costs are borne by the Client, in addition to the fees still owed.
9. Term and termination
9.1 The agreement has a minimum term of 18 months from the day on which the enquiry route goes live. Thereafter it continues for an indefinite period and either party may terminate it with effect from the end of a calendar month, subject to one month's notice.
9.2 After termination, the fee per Won contract remains payable for Validated enquiries received during the term, within the period set out in clause 3.3.
9.3 FOR3 may refuse the registration within 2 working days of registration on the basis of the fit assessment. In that case no agreement is formed.
10. Media costs and external costs
10.1 Media budget (such as advertising costs with Google or Meta) and other external costs are not included. The Client pays them itself and directly to the provider, unless otherwise agreed in writing (clause 7 of the General Terms and Conditions).
10.2 The minimum media budget, if required, is stated in the registration confirmation.
11. Approval and AI
The use of AI and the approval of work are governed by the Clause on AI and risk-based approval (CLAUSULE_AI_GOEDKEURING.md).