LEGAL

TERMS AND CONDITIONS

ForgedCyberSentinel

These Terms and Conditions ("Terms") govern all cybersecurity advisory, consultancy, incident response, and prevention services (the "Services") offered by ForgedCyberSentinel, a sole proprietorship (eenmanszaak) established and operating under the laws of the Netherlands, with its principal place of business in the Netherlands and operating the website https://www.forgedcybersentinel.com (the "Site") ("ForgedCyberSentinel", "we", "us", or "our").

These Terms apply to two distinct categories of client. Part I applies to every client. Part II applies additionally and exclusively where the client is a Business Client. Part III applies additionally and exclusively where the client is a Consumer, and Part III prevails over any conflicting provision anywhere in these Terms. Nothing in these Terms operates to deprive a Consumer of any right that cannot be waived or limited under mandatory consumer protection law.

By engaging ForgedCyberSentinel, signing a proposal, statement of work, engagement letter, or order confirmation, or by using the Site, Client agrees to be bound by these Terms in their entirety, together with any Statement of Work, engagement letter, or order confirmation issued by ForgedCyberSentinel, which are incorporated herein by reference.

These Terms supersede any prior agreements, representations, or understandings between the parties relating to their subject matter, except where a duly signed engagement letter expressly states otherwise. Where a Client engaged ForgedCyberSentinel under a previous version of these Terms, that earlier version continues to govern engagements already in progress, unless the parties agree otherwise in writing.

PART I — PROVISIONS APPLYING TO ALL CLIENTS

The Sections in this Part apply to every Client, whether a Business Client or a Consumer.

1. Definitions and Interpretation

In these Terms, unless the context otherwise requires, the following definitions apply:

  • "Applicable Law" means the laws, regulations, and binding regulatory guidance of the Netherlands and the European Union applicable to the Services, including the GDPR, the Dutch Implementation Act (Uitvoeringswet AVG), the Dutch Civil Code (Burgerlijk Wetboek, "BW"), Directive 2011/83/EU on consumer rights as implemented in Book 6, Title 5, Section 2B BW, Directive 93/13/EEC on unfair terms in consumer contracts as implemented in Articles 6:231 to 6:247 BW, and, from their respective dates of entry into force, the Cyberbeveiligingswet (Cbw).

  • "Business Client" means a Client acting wholly or mainly in the course of its trade, business, craft, or profession, including any legal entity, partnership, sole trader, or self-employed professional (zzp'er) engaging the Services for professional purposes.

  • "Client" or "you" means any person, whether a Business Client or a Consumer, who engages ForgedCyberSentinel for the Services.

  • "Confidential Information" has the meaning given in Section 14.

  • "Client Systems" means Client's networks, infrastructure, applications, devices, and information systems, whether physical or cloud-based, including, in the case of a Consumer, personal devices, home network equipment, and personal online accounts.

  • "Consumer" means a natural person who engages the Services for purposes which are wholly or mainly outside that person's trade, business, craft, or profession, within the meaning of Article 6:230g(1)(a) BW and Article 2(1) of Directive 2011/83/EU.

  • "Deliverables" means any reports, assessments, findings, recommendations, or other work product prepared by ForgedCyberSentinel for Client under a Statement of Work.

  • "Distance Contract" means a contract concluded between ForgedCyberSentinel and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication, within the meaning of Article 6:230g(1)(e) BW.

  • "Off-Premises Contract" has the meaning given in Article 6:230g(1)(f) BW, and includes a contract concluded in the Consumer's home or at any place that is not ForgedCyberSentinel's business premises.

  • "Personnel" means ForgedCyberSentinel's owner, employees, contractors, and subcontractors engaged in performing the Services.

  • "Services" means the cybersecurity advisory, consultancy, incident response, and prevention services described in the applicable Statement of Work.

  • "Statement of Work" or "SOW" means any written scope document, proposal, engagement letter, service order, or order confirmation, however titled, that sets out the specific Services, fees, and deliverables agreed between the parties. In the case of a Consumer, a written order confirmation issued by ForgedCyberSentinel and accepted by the Consumer constitutes a SOW.

  • "Withdrawal Period" means the fourteen (14) day period described in Section 28.

Headings are for convenience only and do not affect interpretation. References to "writing" include email unless expressly stated otherwise. Where these Terms refer to a period expressed in days, calendar days are meant unless business days are expressly specified.

2. Identity of the Trader

For the purposes of Article 6:230m(1)(b) and (c) BW, ForgedCyberSentinel's identifying details are:

  • Trading name: ForgedCyberSentinel

  • Legal form: sole proprietorship (eenmanszaak) under Dutch law

  • Chamber of Commerce (Kamer van Koophandel) number: 82033560

  • VAT identification number (BTW-id): NL003631796B96

  • Email address: Contact@ForgedCyberSentinel.com

  • Website: https://www.forgedcybersentinel.com

Where the geographical address at which ForgedCyberSentinel is established differs from the address to which a Client should send complaints, the complaints address is the same address unless a different address is notified in the order confirmation.

SECTIONS 03–05 / TERMS OF SERVICE

Agreement, Services & Website Terms

3. Acceptance and Formation of Agreement

An agreement between ForgedCyberSentinel and Client is formed upon the earlier of: (a) Client's signature or written acceptance (including by email or by clicking an acceptance mechanism on the Site) of a Statement of Work; (b) Client's payment of any deposit or invoice issued in connection with the Services; or (c) commencement of the Services by ForgedCyberSentinel at Client's request.

Each Statement of Work forms a separate agreement incorporating these Terms. In the event of a direct conflict between a signed Statement of Work and these Terms, the Statement of Work prevails only to the extent of the specific conflict, and only where the Statement of Work expressly identifies the provision of these Terms it varies. Where the Client is a Consumer, a Statement of Work may not vary these Terms to the Consumer's detriment below the standard required by mandatory consumer protection law.

Before an agreement is concluded, ForgedCyberSentinel makes these Terms available electronically in a manner that allows the Client to store and reproduce them, in accordance with Article 6:234 BW. A Client who is unable to access or store these Terms electronically may request a copy free of charge by email or post, and ForgedCyberSentinel will send one before the agreement is concluded.

ForgedCyberSentinel reserves the right to decline, or to condition acceptance of, any prospective engagement in its sole discretion, including where the requested Services fall outside its stated scope of expertise or where required conflict, sanctions, or due-diligence checks are not satisfactorily completed. Where ForgedCyberSentinel declines an engagement after a Consumer has paid any amount, that amount is refunded in full within fourteen (14) days.

Client must be at least eighteen (18) years of age and legally capable of entering into binding contracts. ForgedCyberSentinel does not knowingly contract with minors.

4. Nature and Scope of Services

ForgedCyberSentinel provides cybersecurity advisory and consultancy services only, including guidance, assessment, strategic advice, and support relating to cyber incident response and prevention. Unless expressly agreed in writing in a specific Statement of Work, ForgedCyberSentinel does not provide managed security services, does not obtain persistent or privileged access to Client Systems, and does not act as a data processor of Client's customer or personal data.

Any Services involving remote or on-site access to Client Systems, provisioning of credentials, or hands-on remediation must be separately and expressly scoped, in writing, in a Statement of Work, and will be subject to additional terms governing access, logging, credential handling, and data protection roles, to be agreed at that time.

The scope of Services is limited strictly to what is described in the applicable Statement of Work. Any request for services outside that scope constitutes a new engagement requiring a new or amended Statement of Work and, where applicable, additional fees. No additional fee is payable by a Consumer for any work not expressly agreed in advance.

ForgedCyberSentinel's advice, guidance, and Deliverables are addressed solely to Client for Client's own use and may not be relied upon by any third party unless ForgedCyberSentinel expressly agrees in writing to extend such reliance.

ForgedCyberSentinel does not provide legal advice, regulatory certification, audit opinions, or financial advice, and the Services are not a substitute for those where they are required.

5. Use of the Website; Website Disclaimer

This Section applies to any person who accesses or browses the Site, whether or not that person becomes a Client, and applies in addition to, and does not replace, the provisions governing the Services once an engagement is formed.

The Site and its content (including articles, general commentary, service descriptions, and any downloadable material) are provided for general informational purposes only and do not constitute, and shall not be relied upon as, tailored cybersecurity advice for any specific person's or organisation's circumstances. Tailored advice is only provided under a signed Statement of Work.

ForgedCyberSentinel does not warrant that the Site will be secure, uninterrupted, or error-free, or that it is free of viruses or other harmful components, and does not warrant the accuracy, completeness, or currency of general content published on the Site. This Section does not exclude or limit any liability that cannot lawfully be excluded or limited, and, in relation to a Consumer, applies only to the extent it is not unreasonably onerous within the meaning of Article 6:233(a) BW.

All intellectual property rights in the Site and its content (excluding Client-specific Deliverables) are owned by or licensed to ForgedCyberSentinel. No licence is granted to reproduce, scrape, mine, or systematically extract content from the Site, or to reverse engineer, penetration test, vulnerability scan, or otherwise probe the Site's infrastructure without ForgedCyberSentinel's prior written authorisation. Any unauthorised security testing of the Site will be treated as an unauthorised access attempt and may be reported to the appropriate authorities.

The Site may link to third-party websites or platforms (including Fiverr, Upwork, and social or professional networking platforms). ForgedCyberSentinel does not control and is not responsible for the content, accuracy, or practices of any linked third-party site.

SECTIONS 06–07 / ENGAGEMENT

Engagement Process & Fees

6. Engagement Process and Statements of Work

Prior to commencing Services, ForgedCyberSentinel will issue a Statement of Work describing the scope of Services, timeline, fees, and any specific assumptions or exclusions. Client is responsible for reviewing the Statement of Work carefully and raising any questions before acceptance.

Changes to an agreed scope of Services must be documented in a written change order or amended Statement of Work, signed or confirmed in writing by both parties, and may result in adjusted fees and timelines. Where the Client is a Consumer, any change that increases the price or reduces the scope requires the Consumer's express prior agreement, and the Consumer may decline the change and continue on the originally agreed terms or terminate under Section 33.

Timelines set out in any Statement of Work are estimates only, made in good faith, and are dependent on Client's timely cooperation under Section 9. ForgedCyberSentinel is not liable for delays caused by Client's failure to provide required information, access, or approvals. Where the Client is a Consumer and no time for performance has been agreed, ForgedCyberSentinel will perform the Services without undue delay and in any event within thirty (30) days of conclusion of the agreement, unless a longer period has been expressly agreed.

Unless the applicable Statement of Work specifies a different period, Client shall review each Deliverable and notify ForgedCyberSentinel in writing of any objection within ten (10) business days of receipt. In the case of a Business Client, a Deliverable not objected to within that period is deemed reviewed and accepted. No such deemed acceptance applies to a Consumer. For a Consumer, the review period is a service-quality mechanism only, and failure to object within it does not constitute acceptance, does not waive any right, and does not affect any remedy available under Section 30 or under mandatory law.

7. Fees, Invoicing, and Payment Terms

Fees for the Services will be set out in the applicable Statement of Work and may be structured as fixed fees, time-and-materials rates, retainers, or a combination thereof, depending on the nature and scale of the engagement.

For Business Clients, all fees are quoted exclusive of value added tax (VAT) and any other applicable taxes, duties, or levies, which shall be added to invoices at the applicable statutory rate and borne by Client, save where a valid reverse-charge or exemption applies.

For Consumers, all prices quoted, advertised, or communicated are inclusive of VAT and of all mandatory taxes and charges, in accordance with Article 6:230m(1)(e) BW and the Dutch Price Indication Decree (Besluit prijsaanduiding producten). Where the total price cannot reasonably be calculated in advance because the Services are charged on a time-and-materials basis, ForgedCyberSentinel will disclose to the Consumer, before the agreement is concluded, the hourly or daily rate inclusive of VAT, the manner in which the price will be calculated, and a good-faith written estimate of the total. Any charge exceeding that estimate requires the Consumer's express prior agreement. No delivery, handling, administrative, or payment-method surcharge is payable by a Consumer unless it was disclosed before the agreement was concluded.

Unless otherwise agreed in writing, invoices are payable within fourteen (14) calendar days of the invoice date, in the currency specified in the Statement of Work, by bank transfer to the account designated by ForgedCyberSentinel or by such other payment method as ForgedCyberSentinel makes available.

For engagements structured around retainers or milestone payments, ForgedCyberSentinel may require an upfront deposit before Services commence, as specified in the relevant Statement of Work. ForgedCyberSentinel will not require a Consumer to prepay more than fifty per cent (50%) of the total agreed price before the Services commence.

Where a Business Client fails to pay by the due date, ForgedCyberSentinel reserves the right, without prejudice to any other remedy, to charge statutory commercial interest under Article 6:119a BW together with reasonable extrajudicial collection costs, and to suspend performance until overdue amounts are paid in full.

Where a Consumer fails to pay by the due date, ForgedCyberSentinel will first send a written reminder allowing the Consumer a further period of at least fourteen (14) days from the day after receipt of the reminder to pay without any additional cost, stating the collection costs that will become payable if payment is not made. Only after that period may ForgedCyberSentinel charge statutory interest under Article 6:119 BW (the consumer rate) and extrajudicial collection costs, and only up to the maximum permitted by the Dutch Extrajudicial Collection Costs (Fees) Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).

SECTIONS 08–10 / OBLIGATIONS & ADVICE

Client Obligations & Nature of Advice

8. Client Obligations and Cooperation

Client shall provide, in a timely manner, accurate and complete information, documentation, access, and cooperation reasonably required by ForgedCyberSentinel to perform the Services, and shall promptly notify ForgedCyberSentinel of any changes materially affecting the scope or risk profile of the engagement.

Client remains at all times solely responsible for: (a) implementing, operating, and maintaining its own cybersecurity measures, systems, and controls; (b) making its own final decisions regarding the adoption, rejection, or implementation of any advice or recommendation provided by ForgedCyberSentinel; and (c) its own compliance with Applicable Law applicable to Client, including, in the case of a Business Client, any incident-reporting, registration, or governance obligations under the GDPR and, once in force, the Cyberbeveiligingswet (Cbw) implementing the NIS2 Directive.

ForgedCyberSentinel's advice is provided based on the information made available by Client. ForgedCyberSentinel is not responsible for inaccuracies, omissions, or incompleteness in information or materials supplied by Client, or for consequences arising from Client's decision not to implement, or to delay implementation of, recommended measures. In relation to a Consumer, this Section is subject to ForgedCyberSentinel's own duty of care under Section 30, including its duty to ask the questions and give the warnings that a reasonably competent advisor would give.

Sophisticated Client; Independent Judgment (Business Clients only)

This subsection applies only to Business Clients and has no application to a Consumer. A Business Client represents and warrants that it has, or has procured, competent management and technical resources capable of evaluating the advice and recommendations provided under an engagement, and that any decision to implement, adapt, partially implement, or decline any recommendation is made in the exercise of its own independent business judgment and not in reliance on any representation by ForgedCyberSentinel beyond the written Deliverable itself. Where a Business Client modifies, delays, or deviates from a recommendation as delivered, ForgedCyberSentinel is not responsible for outcomes attributable to that modification, delay, or deviation.

ForgedCyberSentinel expressly acknowledges that a Consumer is not presumed to have technical expertise, and that advice given to a Consumer must be expressed in plain, intelligible language, with the practical steps, risks, and limitations explained in terms the Consumer can be expected to understand.

9. Nature of Advice; No Guarantee of Outcome

Client acknowledges that cybersecurity is a field of continuously evolving threats, and that no consultancy, advisory, or incident response service, however diligently performed, can guarantee that Client will not experience a cyber incident, data breach, intrusion, disruption, or similar event, whether before, during, or after the Services are performed.

ForgedCyberSentinel does not warrant or guarantee: (a) that any recommended measure will prevent, detect, or fully remediate any cyber incident; (b) that Client Systems will be immune from compromise; or (c) any specific outcome, result, certification status, or level of risk reduction.

All advice, findings, and recommendations reflect ForgedCyberSentinel's professional judgment at the time given, based on the information reasonably available, and are provided on a reasonable-efforts, best-practice-informed basis.

This Section describes the inherent limits of the subject matter. It is not a disclaimer of ForgedCyberSentinel's obligation to perform the Services with the care of a competent professional, which obligation is owed to every Client and, in the case of a Consumer, cannot be excluded (Article 7:401 BW).

10. Basis of Expertise; Practical Experience Disclosure

Client acknowledges that ForgedCyberSentinel's methodology and advisory approach are derived primarily from practical, first-hand, real-world experience in cybersecurity incident response and prevention, rather than from formal academic research or third-party professional certification (such as ISO/IEC 27001, SOC 2, or NIST-aligned certification), which ForgedCyberSentinel does not currently hold as at the Effective Date.

This is a factual disclosure made for transparency and to allow Client to make an informed decision before engaging ForgedCyberSentinel. It is not a statement that the Services are of lower quality, and it does not reduce the standard of care ForgedCyberSentinel owes.

ForgedCyberSentinel makes no representation that its advice is equivalent to, or a substitute for, advice given by a formally certified body. Where formal certification-based assurance is required by a Client's regulator, insurer, or counterparty, Client should obtain that assurance from an appropriately certified provider, and ForgedCyberSentinel will say so where it becomes aware that this is the case.

In relation to a Consumer, this disclosure is made before the agreement is concluded, in accordance with Article 6:230m BW and the prohibition on misleading omissions in Articles 6:193a to 6:193j BW. A Consumer who considers this disclosure material to their decision may decline the engagement, or may withdraw from it within the Withdrawal Period under Section 28.

SECTIONS 11–13 / IP, CONFIDENTIALITY & DATA

IP, Confidentiality & Data Protection

11. Intellectual Property Rights

All intellectual property rights in ForgedCyberSentinel's pre-existing methodologies, templates, tools, frameworks, know-how, and any generic or reusable materials ("Background IP") remain the sole property of ForgedCyberSentinel, whether or not used in the performance of the Services.

Subject to full payment of applicable fees, ForgedCyberSentinel grants Client a non-exclusive, non-transferable, perpetual, irrevocable licence to use the Deliverables prepared specifically for Client. A Business Client may use the Deliverables for its internal business purposes. A Consumer may use the Deliverables for their own personal, household, and family purposes, and may share them with their own advisors, insurers, family members, or with any authority or service provider assisting them in relation to an incident.

Client may not resell, sublicense, publish, or commercially distribute the Deliverables to third parties without ForgedCyberSentinel's prior written consent, except to Client's professional advisors, insurers, or regulators on a confidential basis or as required by law. Nothing in this Section prevents a Consumer from disclosing a Deliverable to the police, a supervisory authority, a bank, an insurer, or a court in connection with an incident affecting the Consumer.

Nothing in this Section transfers ownership of Background IP to Client, and ForgedCyberSentinel retains the right to reuse general skills, know-how, and non-Client-identifying methodologies developed or refined during the engagement in future engagements with other clients.

12. Confidentiality and Non-Disclosure

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services, including business, technical, personal, and security-related information ("Confidential Information"), and to use such information solely for the purposes of the engagement.

Confidential Information does not include information that: (a) is or becomes public through no breach of these Terms; (b) was already lawfully known to the receiving party without restriction; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law, regulation, or binding order of a competent authority, provided that, where legally permissible, the disclosing party is given prompt notice.

This confidentiality obligation survives termination or expiry of the engagement for a period of five (5) years, save for information constituting a trade secret, which remains protected for as long as it retains its confidential character. ForgedCyberSentinel's confidentiality obligation towards a Consumer is not time-limited and continues for as long as the information retains a confidential character.

ForgedCyberSentinel maintains internal confidentiality and access-control practices appropriate to the sensitive nature of cybersecurity advisory findings, and will not disclose Client-identifying information or findings to third parties without Client's consent, except as required by law or as necessary to obtain professional or insurance advice on a confidential basis.

ForgedCyberSentinel will not use a Consumer's name, likeness, incident details, or any identifying information in any case study, testimonial, marketing material, or public reference without that Consumer's separate, specific, freely given, written consent, which the Consumer may withdraw at any time.

13. Data Protection

ForgedCyberSentinel processes personal data in accordance with the GDPR, the Uitvoeringswet AVG, and its Privacy Policy, available at https://www.forgedcybersentinel.com, which is incorporated herein by reference.

Where the Client is a Business Client, and unless otherwise agreed in a specific Statement of Work, ForgedCyberSentinel does not, in the ordinary course of the Services, access, host, store, or otherwise process that Client's customers' or end users' personal data on that Client's behalf, and does not act as a data processor within the meaning of Article 4(8) GDPR in respect of such data. To the extent ForgedCyberSentinel processes personal data relating to a Business Client's own personnel or representatives for the purpose of managing the business relationship, it acts as an independent data controller.

Where the Client is a Consumer, ForgedCyberSentinel acts as an independent data controller in respect of all personal data it processes about that Consumer, including the Consumer's identity and contact details, the content of the Consumer's enquiry, the details of any incident described, payment details, and any technical or account information the Consumer provides in the course of the Services. The legal basis is performance of the contract with the Consumer (Article 6(1)(b) GDPR), compliance with legal obligations (Article 6(1)(c) GDPR), and, where applicable, the Consumer's consent (Article 6(1)(a) GDPR).

A Consumer engaging incident-response Services may need to disclose sensitive information, which may in some cases include special categories of personal data within the meaning of Article 9 GDPR or data relating to criminal offences within the meaning of Article 10 GDPR (for example where an incident involves fraud, extortion, stalking, or intimate imagery). ForgedCyberSentinel will process such information only to the extent strictly necessary to deliver the Services, on the basis of the Consumer's explicit consent or the establishment, exercise, or defence of legal claims, will apply enhanced security and access restrictions to it, and will delete it at the Consumer's request unless retention is required by law.

Where a specific engagement requires ForgedCyberSentinel to access or process personal data on a Business Client's behalf and as that Client's processor, the parties shall enter into a separate, GDPR-Article-28-compliant data processing agreement prior to commencement of that element of the Services.

SECTIONS 14–17 / GENERAL PROVISIONS

Force Majeure, Compliance & General Provisions

14. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, pandemic, internet or telecommunications failures, denial-of-service attacks directed at infrastructure outside its control, or other similar events ("Force Majeure Event").

The affected party shall notify the other party promptly upon becoming aware of a Force Majeure Event and shall use reasonable efforts to mitigate its effects. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected Statement of Work by written notice, without liability for such termination, save for payment of fees for Services already rendered. Where the Client is a Consumer, any amount already paid for Services not yet rendered is refunded within fourteen (14) days of termination.

15. Compliance with Applicable Law

Each party shall comply with Applicable Law relevant to its role in the engagement, including the GDPR and the Uitvoeringswet AVG in respect of any personal data processed in connection with the Services.

A Business Client acknowledges that ForgedCyberSentinel's Services are advisory in nature and do not, by themselves, satisfy any regulatory obligation that Client may have as an essential or important entity, or as a supplier to such an entity, under the Cyberbeveiligingswet (Cbw) once in force, or under any other applicable cybersecurity, sectoral, or supply-chain regulation. That Client remains solely responsible for determining its own regulatory status and obligations and for seeking dedicated compliance or legal advice where required.

Neither party shall request or require the other to act in a manner that would breach export control, sanctions, anti-money laundering, or anti-corruption laws applicable to the Services. ForgedCyberSentinel will not assist any Client to access, test, or interfere with any system the Client is not lawfully entitled to access, and will decline or discontinue any engagement where it reasonably suspects that the Services are sought for an unlawful purpose.

16. Notices

Any notice required or permitted under these Terms shall be in writing and delivered by email to the addresses designated by each party in the applicable Statement of Work, or, in the case of formal legal notices (including notices of breach or termination), additionally by registered post or courier to the registered business address of the recipient. Notices sent by email are deemed received on the business day following transmission, provided no delivery failure notification is received by the sender.

A Consumer may give any notice under these Terms, including a notice of withdrawal, complaint, or termination, by any clear means, including plain email, and no particular form, wording, or method of delivery is required. A notice from a Consumer is effective on the day it is sent.

17. General Provisions

Entire Agreement

These Terms, together with the applicable Statement of Work and any documents expressly incorporated by reference, constitute the entire agreement between the parties in relation to the Services and supersede all prior proposals, negotiations, and agreements, whether written or oral, relating to their subject matter. In relation to a Business Client, that Client confirms it has not relied on any representation, promise, or assurance not set out in writing. This non-reliance confirmation does not apply to a Consumer, who retains all rights in respect of pre-contractual statements, including under Articles 6:193a to 6:193j and 6:228 BW.

Severability

If any provision of these Terms is held invalid or unenforceable under Applicable Law, the remaining provisions shall continue in full force and effect. Where a provision is invalid only as against a Consumer, it remains effective as against Business Clients. Where a limitation of liability is found partially unenforceable as against a Business Client, effect shall be given to the maximum limitation permissible rather than to no limitation at all; this saving does not apply to a Consumer, in respect of whom an unfair term is simply not binding, in accordance with Article 6:233 BW and Article 6(1) of Directive 93/13/EEC.

No Waiver

No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of that right.

Independent Contractor Status

ForgedCyberSentinel provides the Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

Amendment

ForgedCyberSentinel may update these Terms from time to time by posting a revised version on the Site with a new effective date. Revised Terms apply only to engagements entered into on or after that date. ForgedCyberSentinel will not unilaterally vary the terms of an agreement already concluded with a Consumer. Where a change is required by law and must be applied to an ongoing consumer engagement, ForgedCyberSentinel will notify the Consumer in writing at least thirty (30) days in advance, and the Consumer may terminate the engagement free of charge before the change takes effect, with a pro-rata refund of any amount paid for Services not yet performed.

Language

These Terms are drafted in English. A Dutch-language version is available on request at no charge. Where a Consumer resident in the Netherlands has been addressed in Dutch, the Dutch version prevails in the event of any inconsistency. In all other cases the English version prevails.

Contact

For questions regarding these Terms, Client may contact ForgedCyberSentinel using the details in Section 2.

FORGED CYBER SENTINEL — CONFIDENTIAL

PART II — PROVISIONS APPLYING ONLY TO BUSINESS CLIENTS

Part II — Business Clients

The Sections in this Part apply only where the Client is a Business Client. They have no application whatsoever to a Consumer, and no Consumer shall be bound by them, whether by signature, acceptance, incorporation by reference, or otherwise.

18. B2B Representation

By engaging ForgedCyberSentinel as a Business Client, Client represents and warrants that it is entering into the applicable agreement in the course of its trade, business, craft, or profession and not as a Consumer, and that the individual accepting these Terms on Client's behalf has the authority to bind Client.

Where a Client engages the Services partly for business and partly for private purposes, and the business purpose is not predominant, that Client is treated as a Consumer and Part III applies. Where the position is unclear, ForgedCyberSentinel will treat the Client as a Consumer.

Where a Client has represented that it is a Business Client and it later transpires that the Client is in fact a Consumer, Part III applies retrospectively from the date the agreement was concluded, and ForgedCyberSentinel will not rely on the misrepresentation to deprive the Consumer of any mandatory statutory protection. This does not prevent ForgedCyberSentinel from terminating the engagement prospectively where it does not offer the relevant Services to Consumers, in which case any prepaid amount for Services not yet performed is refunded within fourteen (14) days.

19. Business Client Refunds

Given the nature of cybersecurity advisory and consultancy services, which are rendered progressively as time, expertise, and analysis are applied, a Business Client acknowledges that all fees paid for Services already rendered are non-refundable.

Services are deemed accepted upon delivery of the relevant advice, report, or Deliverable, or upon the rendering of the relevant consultancy hours, whichever occurs first, and no refund, credit, or clawback will be issued in respect of Services already performed in good faith, save where required by mandatory Applicable Law.

Where a Business Client terminates an engagement before completion, ForgedCyberSentinel is entitled to retain fees for Services rendered up to the date of termination and, where applicable, to invoice for work in progress and reasonably incurred, non-cancellable costs.

Nothing in this Section limits any right a Business Client may have to claim damages for proven material breach by ForgedCyberSentinel, subject to Section 21.

20. Disclaimer of Warranties (Business Clients)

Except as expressly set out in a Statement of Work or as required by mandatory Applicable Law, the Services and all Deliverables are provided to a Business Client "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or completeness.

ForgedCyberSentinel does not warrant to a Business Client that the Services will be uninterrupted, timely, secure, or error-free, or that any advice will be free from errors or omissions, it being understood that the Services are advisory in nature and subject to the inherent limitations of professional judgment.

To the extent any warranty cannot lawfully be excluded, such warranty is limited to the minimum scope and duration permitted by law.

21. Limitation of Liability (Business Clients)

Nothing in these Terms limits or excludes either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be limited or excluded under Applicable Law, including liability for intent (opzet) or wilful recklessness (bewuste roekeloosheid) as those concepts are understood under Dutch law.

Subject to the foregoing, ForgedCyberSentinel's total aggregate liability to a Business Client arising out of or in connection with an engagement, whether in contract, tort (including negligence), strict liability, or any other legal theory, and regardless of the number of claims or claimants, shall not exceed the total fees actually paid by that Client to ForgedCyberSentinel under the relevant Statement of Work in the twelve (12) months preceding the event giving rise to the claim. This cap applies even if any remedy set out in these Terms or the relevant Statement of Work fails of its essential purpose.

No individual claim by a Business Client, and no series of related claims arising from substantially the same facts, may be brought unless the aggregate amount claimed exceeds five hundred euros (EUR 500).

In no event shall ForgedCyberSentinel be liable to a Business Client for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, or loss or corruption of data, even if advised of the possibility of such damages.

A Business Client acknowledges that the fee structure has been set having regard to these limitations, which reflect a negotiated and reasonable allocation of risk given ForgedCyberSentinel's current status as a sole proprietorship without insurance coverage as disclosed in Section 22. A Business Client confirms it had the opportunity to negotiate these limitations, to seek independent legal advice on them, and to decline the engagement if it considered the allocation of risk unacceptable.

The limitations and exclusions in this Section apply for the benefit of ForgedCyberSentinel, its owner personally, and its Personnel, each of whom may rely on this Section directly, and shall continue to apply following any assignment or corporate restructuring contemplated in Section 25.

Any claim by a Business Client must be notified in writing within twelve (12) months of the date that Client became aware, or ought reasonably to have become aware, of the facts giving rise to the claim, failing which the claim shall be time-barred to the fullest extent permitted by Applicable Law.

FORGED CYBER SENTINEL — CONFIDENTIAL

22. Insurance and Professional Indemnity

Client acknowledges that, as at the Effective Date, ForgedCyberSentinel does not hold professional indemnity insurance or cyber liability insurance. ForgedCyberSentinel makes no representation that any such insurance coverage is in place, and Client should not rely on the existence of any insurance-backed indemnity when assessing its own risk in engaging ForgedCyberSentinel.

ForgedCyberSentinel intends to obtain appropriate professional indemnity and/or cyber liability insurance as its business matures, and will disclose updated insurance information to Client on request once such coverage is obtained.

A Business Client is encouraged to satisfy itself as to the adequacy of its own insurance arrangements in respect of risks associated with the subject matter of the Services, including any residual risk not covered by the limitation of liability in Section 21.

This disclosure is also made to Consumers, as a matter of transparency and in accordance with Articles 6:193a to 6:193j BW. It does not limit ForgedCyberSentinel's liability to a Consumer in any way, and the absence of insurance is not a defence to any claim by a Consumer.

23. Indemnification by Business Clients

A Business Client shall indemnify and hold ForgedCyberSentinel and its Personnel harmless from and against any third-party claims, losses, liabilities, and reasonable costs (including legal fees) arising out of: (a) that Client's breach of these Terms or the applicable Statement of Work; (b) that Client's misuse of any advice, recommendation, or Deliverable; (c) that Client's own violation of Applicable Law; (d) inaccurate, incomplete, or misleading information provided by that Client to ForgedCyberSentinel; or (e) that Client's decision to implement, modify, partially implement, or decline any advice or recommendation, including any resulting cyber incident, regulatory action, or third-party claim.

ForgedCyberSentinel shall indemnify a Business Client against direct third-party claims to the extent finally determined to arise from ForgedCyberSentinel's gross negligence or wilful misconduct in performing the Services, subject always to Section 21.

The indemnifying party shall have the right to control the defence and settlement of any indemnified claim, provided that no settlement admitting liability on behalf of the other party shall be made without that party's prior written consent, not to be unreasonably withheld.

No Consumer is required to indemnify ForgedCyberSentinel under any circumstances. This Section does not apply to Consumers.

24. Term, Suspension, and Termination (Business Clients)

Each Statement of Work commences on the date specified therein and continues until completion of the Services or earlier termination in accordance with this Section.

Either party may terminate a Statement of Work for convenience upon thirty (30) days' prior written notice, unless a different notice period is specified in the relevant Statement of Work.

Either party may terminate a Statement of Work immediately upon written notice if the other party: (a) commits a material breach of these Terms or the Statement of Work that remains uncured fifteen (15) days after written notice specifying the breach; (b) becomes insolvent, enters bankruptcy, suspension of payments, or an equivalent proceeding; or (c) ceases to conduct business in the ordinary course.

ForgedCyberSentinel may suspend performance of the Services immediately, without liability, in the event of non-payment of any undisputed invoice by a Business Client beyond thirty (30) days, or where continuing the Services would, in ForgedCyberSentinel's reasonable judgment, expose it to legal, safety, or professional risk.

Upon termination, a Business Client shall pay for all Services rendered and non-cancellable costs incurred up to the effective date of termination.

25. Sole Proprietorship Status and Future Corporate Restructuring

Client acknowledges that ForgedCyberSentinel is, as at the Effective Date, operated as a sole proprietorship (eenmanszaak) under Dutch law, and not as a besloten vennootschap (B.V.) or other limited-liability entity. Accordingly, the natural person operating ForgedCyberSentinel is personally liable for the obligations of the business.

ForgedCyberSentinel may, at its discretion, incorporate or restructure its business into a B.V. or other legal entity at a future date. In such event, ForgedCyberSentinel may assign these Terms and any active Statements of Work to the successor entity by written notice to a Business Client, and that Client agrees to such assignment provided the successor entity assumes all of ForgedCyberSentinel's obligations.

Where the Client is a Consumer, ForgedCyberSentinel will not transfer the agreement to another entity without the Consumer's consent, unless the transfer is part of a transfer of the business as a whole, the successor assumes all obligations in full, the Consumer's rights are not reduced, and the Consumer is notified in writing at least thirty (30) days in advance and may terminate free of charge with a pro-rata refund.

26. Assignment

A Business Client may not assign, novate, or transfer any of its rights or obligations under these Terms or any Statement of Work without ForgedCyberSentinel's prior written consent, not to be unreasonably withheld in the case of an assignment to a successor entity following a bona fide merger, acquisition, or corporate reorganisation.

ForgedCyberSentinel may assign or transfer these Terms and any Statement of Work as contemplated in Section 25, or to any successor in connection with a merger, acquisition, or sale of substantially all of its business, provided the assignee assumes all corresponding obligations.

27. Governing Law and Jurisdiction (Business Clients)

These Terms and any Statement of Work with a Business Client, and any dispute or claim arising out of or in connection with them or their subject matter, formation, or validity (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods.

The parties shall first attempt to resolve any dispute through good-faith negotiation between senior representatives within thirty (30) days of written notice of the dispute. Both parties shall keep the existence, content, and outcome of any such negotiation confidential, save as required by law, regulation, insurer, or professional advisor on a confidential basis.

Subject to the foregoing, the courts of the Netherlands (competent court to be determined by the district in which ForgedCyberSentinel has its registered place of business) shall have exclusive jurisdiction, save that ForgedCyberSentinel may also bring proceedings for recovery of unpaid fees in the courts of the jurisdiction where the Business Client is established.

Where a Business Client is established outside the European Union or the Lugano Convention area, the parties may agree in the applicable Statement of Work to resolve disputes instead by binding arbitration under the Rules of the Netherlands Arbitration Institute (NAI) or the ICC, seated in The Hague, Netherlands, with proceedings conducted in English.

FORGED CYBER SENTINEL — CONFIDENTIAL

PART III — CONSUMER PROVISIONS

This Part applies exclusively where the Client is a Consumer. It prevails over any conflicting provision elsewhere in these Terms. The rights set out in this Part are in addition to, and do not replace, the Consumer's rights under mandatory Dutch and European Union law. Nothing in these Terms may be interpreted as excluding, limiting, or making conditional any such mandatory right.

28. Right of Withdrawal — 14 Days

A Consumer who has concluded a Distance Contract or an Off-Premises Contract with ForgedCyberSentinel has the right to withdraw from that contract within fourteen (14) days without giving any reason and without incurring any cost other than as set out in Section 29.

The Withdrawal Period expires fourteen (14) days from the day after the day on which the contract was concluded (Article 6:230o(1)(a) BW). Where a contract combines Services with the supply of any tangible item, the period runs from the day after the Consumer, or a third party indicated by the Consumer, acquires physical possession of that item.

Where ForgedCyberSentinel has failed to inform the Consumer of the right of withdrawal in the manner required by Article 6:230m(1)(h) BW, the Withdrawal Period is extended by twelve (12) months from the end of the original fourteen-day period, or, if ForgedCyberSentinel provides the required information within those twelve months, until fourteen (14) days after the day on which the Consumer receives that information (Article 6:230o(2) BW).

To exercise the right of withdrawal, the Consumer must inform ForgedCyberSentinel of the decision to withdraw by an unequivocal statement sent to the email address or postal address in Section 2. The Consumer may use the Model Withdrawal Form in Annex A, but is not obliged to do so: an email, letter, or any other clear statement is sufficient. No reason need be given, and ForgedCyberSentinel will not ask for one as a condition of accepting the withdrawal. To meet the deadline, it is sufficient that the Consumer sends the communication before the Withdrawal Period expires. The burden of proving the exercise of the right of withdrawal rests on the Consumer, and ForgedCyberSentinel will acknowledge receipt of any withdrawal notice without delay on a durable medium.

ForgedCyberSentinel will also make the Model Withdrawal Form available on the Site in a form that can be completed and submitted electronically, and will confirm receipt of any electronically submitted withdrawal without delay.

29. Beginning Performance During the Withdrawal Period; Loss of the Right of Withdrawal

ForgedCyberSentinel will not begin performing the Services during the Withdrawal Period unless the Consumer has expressly requested it to do so. For an Off-Premises Contract, that express request must be made on a durable medium.

Where the Consumer makes such a request, ForgedCyberSentinel will, before beginning performance, obtain from the Consumer: an express request that performance begin during the Withdrawal Period; and an acknowledgement that the Consumer will lose the right of withdrawal once the Services have been fully performed by ForgedCyberSentinel.

Both are set out in the Request for Early Performance in Annex B, which ForgedCyberSentinel will supply and which the Consumer must complete and return before performance begins. If ForgedCyberSentinel begins performance without both of these, the Consumer owes nothing at all for anything performed during the Withdrawal Period (Article 6:230s(5) BW), and the right of withdrawal is unaffected.

Loss of the right of withdrawal. The right of withdrawal is lost only where all of the following are satisfied (Article 6:230p(d) BW): (a) the Services have been fully performed; (b) performance began with the Consumer's express prior request; and (c) the Consumer acknowledged in advance that the right of withdrawal would be lost upon full performance. Partial performance never extinguishes the right of withdrawal.

Withdrawal after partial performance. Where the Consumer withdraws after performance has begun at the Consumer's express request but before the Services are fully performed, the Consumer pays ForgedCyberSentinel an amount proportionate to what has actually been performed up to the moment the withdrawal notice was sent, in comparison with the full coverage of the contract (Article 6:230s(4) BW). That proportionate amount is calculated on the basis of the total price agreed; where the total price is excessive, it is calculated on the basis of the market value of what has been performed. ForgedCyberSentinel will provide the Consumer with a written breakdown of the calculation. The Consumer owes nothing for the remainder.

Other exceptions. The right of withdrawal does not apply to the limited categories listed in Article 6:230p BW, of which the following may be relevant to ForgedCyberSentinel's Services: (a) Services fully performed as described above; (b) Services in respect of which the price is dependent on fluctuations in the financial market outside ForgedCyberSentinel's control that may occur within the Withdrawal Period; and (c) the supply of digital content not on a tangible medium, where performance has begun with the Consumer's express prior consent and acknowledgement of loss of the right of withdrawal, and ForgedCyberSentinel has confirmed this on a durable medium. ForgedCyberSentinel does not treat urgency alone as removing the right of withdrawal. Where a Consumer contacts ForgedCyberSentinel about an urgent live incident, the correct route is the Annex B procedure, not a purported exception.

30. Refunds

Where a Consumer validly withdraws, ForgedCyberSentinel will reimburse all payments received from the Consumer without undue delay and in any event within fourteen (14) days from the day on which it is informed of the decision to withdraw (Article 6:230r BW), less only any proportionate amount properly due under Section 29.

Reimbursement will be made using the same means of payment the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise, and in no event will the Consumer incur any fee as a result of the reimbursement. ForgedCyberSentinel will not withhold reimbursement pending return of any material, pending completion of an internal review, or pending any other condition not permitted by law.

Refunds outside the right of withdrawal. Independently of the right of withdrawal, where the Services delivered to a Consumer do not conform to what was agreed, the Consumer is entitled to the remedies described in Section 31, which may include re-performance, a price reduction, or termination with a full or partial refund. The "no refund" provision in Section 19 does not apply to Consumers in any circumstances.

31. Quality of Service, Conformity, and Consumer Remedies

ForgedCyberSentinel owes every Consumer the duty of care of a competent professional service provider under Article 7:401 BW. The Services will be performed with the skill, care, and diligence reasonably to be expected of a cybersecurity advisor of ForgedCyberSentinel's stated experience, and the Deliverables will correspond to the description given before the contract was concluded.

The exclusions and disclaimers of warranty in Section 20 do not apply to Consumers. ForgedCyberSentinel does not supply Services to Consumers "as is".

Where the Services do not conform, the Consumer may, in accordance with Book 6 and Book 7 BW: (a) require ForgedCyberSentinel to perform or re-perform the Services correctly, at no cost to the Consumer; (b) claim a proportionate reduction of the price; (c) terminate the contract, in whole or in part, where the non-conformity is not minor; and (d) claim compensation for loss suffered. These remedies are cumulative and are not subject to any election, sequence, or "sole and exclusive remedy" restriction.

A Consumer should notify ForgedCyberSentinel of any non-conformity within a reasonable time after discovering it (Article 6:89 BW). No fixed notification deadline applies, and the ten-business-day review period in Section 6 and the twelve-month notification requirement in Section 21 have no application to Consumers. A Consumer's claim is subject only to the general statutory limitation periods under Dutch law, which these Terms do not shorten.

Nothing in these Terms deprives a Consumer of the protection of Articles 6:193a to 6:193j BW concerning unfair commercial practices, or of Article 6:228 BW concerning error (dwaling).

FORGED CYBER SENTINEL — CONFIDENTIAL

32. Liability towards Consumers

ForgedCyberSentinel is liable to a Consumer for loss caused by its failure to perform the Services with the required care, in accordance with the ordinary rules of Dutch law.

The liability cap, the exclusion of indirect and consequential loss, the EUR 500 claim threshold, and the twelve-month notification requirement in Section 21 do not apply to Consumers. Those provisions are terms of the kind listed in Articles 6:236 and 6:237 BW and are not relied upon against a Consumer.

ForgedCyberSentinel does not exclude or limit its liability to a Consumer for: (a) death or personal injury; (b) intent (opzet) or deliberate recklessness (bewuste roekeloosheid); (c) gross negligence; (d) fraud or misleading commercial practices; (e) breach of the GDPR; or (f) any other matter for which liability cannot lawfully be excluded or limited.

To the extent that ForgedCyberSentinel limits its liability to a Consumer at all, that limitation is confined to loss that was not reasonably foreseeable and to loss that does not result from ForgedCyberSentinel's own failure to exercise due care, and applies only where and to the extent that such a limitation is not unreasonably onerous within the meaning of Article 6:233(a) BW in the circumstances of the individual case.

For the avoidance of doubt, the limits described in Section 9 concern what cybersecurity advice can achieve in the face of an evolving threat landscape. They do not limit ForgedCyberSentinel's liability where a Consumer suffers loss because the advice given was itself negligent, wrong, incomplete, or not delivered.

33. Consumer Right to Terminate an Engagement

A Consumer may terminate an engagement at any time, with immediate effect, by notice to ForgedCyberSentinel (Article 7:408(1) BW). No notice period, cancellation fee, penalty, or administrative charge applies, and the thirty-day notice requirement in Section 24 does not apply to Consumers.

On termination, the Consumer pays only for Services actually performed up to the moment of termination, calculated proportionately on the basis of the agreed price. Any amount paid in advance for Services not performed is refunded within fourteen (14) days. ForgedCyberSentinel is not entitled to charge a Consumer for work in progress that has produced no benefit to the Consumer, or for non-cancellable costs that were not disclosed to the Consumer in advance.

Where a Consumer terminates during the Withdrawal Period, Sections 28 to 30 apply and are more favourable to the Consumer; the Consumer may rely on whichever route is more favourable.

ForgedCyberSentinel may terminate an engagement with a Consumer on reasonable notice where continuing would expose it or any person to legal, safety, or professional risk, or where the Consumer's conduct makes continued performance unreasonable. In that event, the Consumer pays only for Services actually performed, and any balance is refunded within fourteen (14) days. ForgedCyberSentinel will not terminate an engagement with a Consumer in a manner or at a moment that leaves the Consumer materially worse off in the middle of a live incident without first taking reasonable steps to hand over safely.

34. Complaints, Alternative Dispute Resolution, and Redress

Complaints

A Consumer with a complaint should contact ForgedCyberSentinel using the details in Section 2. ForgedCyberSentinel will acknowledge every complaint within five (5) business days and will provide a substantive written response within fourteen (14) days. Where a complaint requires longer investigation, ForgedCyberSentinel will say so within that period and give an indication of when a substantive response can be expected. Complaints are handled free of charge. Making a complaint does not suspend, reduce, or waive any of the Consumer's statutory rights, and a Consumer is never required to complain first before exercising a legal remedy.

Alternative dispute resolution

As at the Effective Date, ForgedCyberSentinel is affiliated with De Geschillencommissie, whose rules and contact details are available at https://www.degeschillencommissie.nl. Where ForgedCyberSentinel is not affiliated with a certified body, it is under no obligation to participate in alternative dispute resolution, but will consider in good faith any reasonable proposal by a Consumer to resolve a dispute through an ADR entity certified under Directive 2013/11/EU. A list of certified consumer dispute resolution entities across the EU, Norway, and Iceland is maintained by the European Commission at https://consumer-redress.ec.europa.eu.

Cross-border assistance

A Consumer resident in another EU or EEA state may obtain free assistance from the European Consumer Centre (ECC-Net) in their country of residence. A Consumer resident in the Netherlands may contact ConsuWijzer, the information service of the Netherlands Authority for Consumers and Markets (Autoriteit Consument & Markt), at https://www.consuwijzer.nl.

No ODR platform

The European Online Dispute Resolution platform established under Regulation (EU) No 524/2013 was discontinued on 20 July 2025 following Regulation (EU) 2024/3228. No reference to it is made, and none should be relied upon.

Data protection complaints

A Consumer may lodge a complaint about the processing of their personal data with the Autoriteit Persoonsgegevens (Dutch Data Protection Authority) or with the supervisory authority of their own Member State, without prejudice to any other remedy.

35. Governing Law and Jurisdiction (Consumers)

The contract with a Consumer is governed by the law of the Netherlands. However, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I), this choice of law may not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country in which the Consumer has their habitual residence, where ForgedCyberSentinel pursues or directs its activities to that country. Where the consumer protection law of the Consumer's country of habitual residence offers greater protection than Dutch law on any point, that greater protection applies.

Jurisdiction

In accordance with Articles 17 to 19 of Regulation (EU) No 1215/2012 (Brussels Ia) and Article 108(2) of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering):

  • A Consumer may bring proceedings against ForgedCyberSentinel either in the courts of the Netherlands or in the courts of the place where the Consumer is domiciled.

  • ForgedCyberSentinel may bring proceedings against a Consumer only in the courts of the place where the Consumer is domiciled.

  • The exclusive jurisdiction provision in Section 27 does not apply to Consumers.

  • A jurisdiction agreement departing from the above is valid against a Consumer only if it is entered into after the dispute has arisen, or if it allows the Consumer to bring proceedings in additional courts.

No mandatory arbitration

ForgedCyberSentinel does not impose arbitration on Consumers. Where any arbitration is proposed, the Consumer retains the right, for at least one month after being invited to arbitrate, to choose to have the dispute decided by the competent court instead, in accordance with Article 6:236(n) BW. The pre-action negotiation and mediation steps in Section 27 are not a condition precedent to a Consumer commencing court proceedings.

36. Terms Not Binding on Consumers

For the avoidance of doubt, and without limiting Part III generally, ForgedCyberSentinel confirms that it does not rely, and will not seek to rely, on any of the following as against a Consumer:

  • any exclusion or limitation of statutory rights or remedies;

  • any liability cap, monetary claim threshold, or exclusion of consequential or indirect loss;

  • any shortening of a statutory limitation or notification period;

  • any deemed acceptance, deemed agreement, or other fiction of declaration;

  • any indemnity given by the Consumer;

  • any unilateral right to vary a concluded contract;

  • any exclusive jurisdiction, arbitration, or mandatory pre-action requirement;

  • any non-reliance or entire agreement clause operating to exclude liability for pre-contractual statements;

  • any "no refund" or "all sales final" provision;

  • any restriction on the Consumer's right to terminate under Article 7:408(1) BW.

Any such term appearing elsewhere in these Terms is, as against a Consumer, not binding, in accordance with Article 6:233 BW and Article 6(1) of Directive 93/13/EEC. The remainder of these Terms continues to apply.

FORGED CYBER SENTINEL — CONFIDENTIAL