Terms and conditions

01Who and what

Birrejan, "I" or "me": Jan Gimenez Layola, trading as Birrejan, Koraaldijk 22, 4706 KA Roosendaal (NL), Chamber of Commerce (KvK) 42206299, VAT number NL005583152B33, info@birrejan.me.
Client or "you": the person or organisation that asks for a quote or gives me an assignment.
Business client: a client acting for their business or profession, including the self-employed.
Private client (consumer): a client acting as a private individual.
Services: custom AI solutions, custom software, AI training and related advice.
Deliverables: what I make for you under an assignment, such as code, configurations, documentation and training materials.
In writing: on paper or by email.

02When these terms apply

These terms apply to every quote I make and every assignment I accept. A business client's own purchasing terms don't apply. We can agree on exceptions, but only in writing, for example in the quote. If the quote and these terms differ, the quote wins.

Before accepting a quote, you receive its applicable terms in a form you can save. The quote specifies the agreed terms for the assignment; mandatory consumer rights remain unaffected.

03Quotes and how an assignment starts

The prices on the website are starting prices, as a guide. What binds us is the written quote.
A quote describes the scope, price, schedule and payment terms, and is valid for 30 days.
The assignment starts when you accept the quote in writing. An email saying "agreed" is enough.
A quote is based on what you told me. If that turns out to be incomplete or different, I'll tell you and we adjust scope, price or schedule together, before I continue.

04Prices and payment

Prices are in euros. Prices for business clients exclude VAT. Private clients always see the price including VAT, both in their quote and for the 1:1 session on the website.
VAT is charged according to the rules that apply. Business clients in another EU country with a valid VAT number are invoiced with VAT reverse-charged.
When and how much is invoiced (for example a part upfront, per milestone or on delivery) is set in the quote. Unless the quote says otherwise, invoices are due within 14 days.
Costs of third-party services, such as hosting, AI model usage (API costs) and software licences, are paid by you, preferably directly on your own accounts. If I pay them for you, I invoice them at cost.
Travel and accommodation for training or work on location are only charged if they are in the quote.

Late payment. If an invoice is unpaid after its due date, I'll send a reminder. Business clients then owe the statutory commercial interest (Article 6:119a of the Dutch Civil Code) and reasonable collection costs. Private clients first get a free reminder with 14 days to pay, after which statutory interest (Article 6:119) and the collection costs allowed by Dutch law apply. While an invoice is overdue, I may pause the work after telling you.

05How the work goes

I do the work myself, carefully and to the best of my ability. This is an obligation to make every reasonable effort, not a promise of a specific result, unless the quote explicitly promises one.
You can see the work as it progresses and discuss its direction.
You give me in time the information, access and feedback I need, and you're responsible for that information being correct. Delays caused by missing input move the schedule.
Dates in the quote are estimates unless we agree in writing that a date is a hard deadline. If a delay is coming, I'll tell you as soon as I know.
Changes and extra work are welcome. I'll tell you what they do to price and schedule first, and start once you agree.
I only involve someone else in your assignment with your permission.

06Delivery, acceptance and fixes

After delivery, please test the deliverables and report problems within 14 days. For business clients, delivery is accepted after that period if no problems are reported, or on ordinary use, without prejudice to agreed remedies for defects.
I correct defects covered by the agreement free of charge for 30 days after acceptance. New requests and unrelated third-party changes require a separate agreement.
For consumers, neither acceptance nor this 30-day period limits statutory rights or remedies, including for defects discovered later.

07AI: in my work and in what I build for you

I use AI tools to develop and review software and assist with other work. I remain responsible for my work and review AI output.
Your personal data and confidential information only go into an AI tool with your permission.
AI systems can produce output that sounds right but is wrong. When I build AI into your processes, I design in a human check where it matters, as agreed in the quote.
You decide how you use the delivered AI system and remain responsible for that use and its output. This includes checking the output, informing the people who interact with it, and the obligations that apply to you as the user (deployer) of an AI system, for example under the EU AI Act.
AI models and services from third parties (such as OpenAI, Anthropic or Google) run under their own terms, and their behaviour, prices and availability can change. I'm not responsible for those changes, but I'll help you deal with them under a support agreement.

08Who owns what

The quote specifies the intellectual property rights, licences, permitted uses and any transfer for the particular assignment and client. Open-source and third-party components remain subject to their own licences. Any transfer requiring a signed deed will be documented in the form required by law. I only use your name or project as a reference with your written permission.

09Confidentiality and personal data

We both keep confidential what the other shares and is clearly confidential, during the assignment and afterwards, unless the law requires otherwise. If I process personal data for you as part of the assignment, the data processing agreement applies automatically. How I handle my own clients' data is in the privacy policy.

10Training and 1:1 sessions

The quote specifies training arrangements and cancellation terms. For consumers, any cancellation charge must be reasonable, taking account of the work done, costs saved and applicable law. The statutory right of withdrawal below takes precedence.

If I cancel, we agree on a new date or I refund what you paid for the cancelled service.

11Private clients: right of withdrawal

If you're a private client and we agreed the service online, by email or by phone, you can withdraw from the agreement within 14 days without giving a reason. The period starts the day the agreement is made.

To withdraw, send a clear message to info@birrejan.me before the 14 days are over. You may use the model form below, but you don't have to.
I refund everything you paid within 14 days of receiving your message, using the same payment method.
If you explicitly asked me to start within the 14 days, for example with a session planned earlier, and then withdraw, you pay for the part already done.
Once the service has been fully delivered at your explicit request, and you confirmed you would then lose the right of withdrawal, the right no longer applies.

You may also withdraw from your contract online. You will receive a confirmation of receipt by email.

Model withdrawal form (only fill in and send this if you want to withdraw):

To: Jan Gimenez Layola, Birrejan, Koraaldijk 22, 4706 KA Roosendaal (NL), info@birrejan.me

I hereby give notice that I withdraw from my contract for the following service: …

Ordered on: … · Name: … · Address: … · Date: … · Signature (only if sent on paper): …

12Liability

For business clients, my liability for an assignment is limited to the amount agreed for that assignment excluding VAT, unless the quote states otherwise. I am not liable for indirect losses, including lost profits, except where mandatory law provides otherwise. These limits do not apply to intent or deliberate recklessness.

For consumers, statutory rights and remedies apply; no general exclusion or cap in these terms restricts them.

13Force majeure

Neither of us is responsible for failing to meet obligations because of circumstances beyond our control, such as serious illness, outages of third-party services, or government measures. If such a situation lasts longer than 60 days, either of us may end the assignment in writing; work already done is paid for.

14Ending an assignment

You can end an ongoing assignment at any time in writing. You then pay for the work done up to that moment and for costs I already committed to for you.
Either of us may end the assignment immediately in writing if the other seriously fails to meet their obligations and doesn't fix it within 14 days of being asked, or goes bankrupt.
When an assignment ends, I hand over what has been made and paid for, and return or delete your data as described in the data processing agreement.

15Complaints and disputes

Not happy with something? Email info@birrejan.me with a short description. I'll reply within 14 days and try to find a fair solution together.

Dutch law applies to these terms and every assignment. Disputes go to the competent court in the district of Zeeland-West-Brabant, the Netherlands. If you're a private client, you keep the protection of the mandatory rules of the country where you live, and you may also take a dispute to the court there.

16Final provisions

These terms are also available in Spanish and Catalan. If the versions differ, the English text applies.
If part of these terms turns out to be invalid, the rest still applies, and we replace the invalid part with a valid one that comes as close as possible.
I may update these terms. The version that applied when you accepted your quote keeps applying to that assignment.