Terms of Service

General terms and conditions Portal Builders – version 2026

A. General

In these general terms and conditions the following definitions apply:

Client: The natural or legal person who has commissioned the Contractor to perform work.
Contractor: Portal Builders, a trade name of Mobile XL B.V., a company organized under Dutch law, located at Marisstraat 26 – 6165 AS – Geleen – The Netherlands, registered with the Dutch Chamber of Commerce under number 66951763, which performs services and/or work on behalf of or for the benefit of the Client, or which is the counterparty of the Client in any contract.
Activities: All activities for which an order has been given by the Client or which are carried out by the Contractor for other reasons. The foregoing applies in the broadest sense of the word and in any case includes the work as stated in the order confirmation.
Documents: All information, goods and items made available by the Client to the Contractor, both physical and digital, including documents or data carriers, as well as all goods produced by the Contractor in the context of the performance of the assignment, including documents or data carriers.
Agreement: Any agreement between the Client and the Contractor for the performance of work by the Contractor for the Client, in accordance with the provisions of the order confirmation.

B. Applicability

These general terms and conditions apply to all offers and Agreements, as well as the preceding requests and quotations, and the execution of those Agreements as well as preceding activities between the Contractor and potential or existing contracting parties of the Contractor and between the Contractor and the Client.
The applicability of general terms and conditions other than these terms and conditions is expressly excluded, however such other general terms and conditions may be called and whatever form they may take, including other general terms and conditions of the Client or which may be used by the Client, and the applicability of such other general terms and conditions is expressly rejected by the Contractor. By accepting services provided by or on behalf of the Contractor, the Client unconditionally accepts that these terms and conditions apply and that the applicability of other general terms and conditions as referred to in this paragraph is excluded, and by doing so the Client waives the applicability of other general terms and conditions.
If any clause, forming part of these general terms and conditions or of the Agreement, is null and void or is annulled, the remainder of the Agreement will remain in effect and the relevant clause will be immediately replaced in consultation between the parties by a clause that has the aim of the original clause as closely as possible.

C. Commencement and duration of the Agreement

Each Agreement is only concluded and commences at the moment that the order confirmation signed by the Client has been received and signed by the Contractor. The order confirmation is based on the information provided by the Client to the Contractor prior to the commencement of the Agreement. The order confirmation is deemed to accurately and fully reflect the content of the Agreement and the obligations agreed between the Client and the Contractor.
An Agreement only binds the Contractor when it has been entered into or when the written confirmation referred to in the first paragraph of this article has been signed by one or more persons who are entitled to bind the Contractor in this respect. Agreements or additions and/or changes to or therein, and agreements, promises, etc. concluded, made or done by an employee or employees of the Contractor, which are not entitled to bind the Contractor in this respect, or which have not been made in writing, are not binding on the Contractor.
The Agreement has the duration as determined in the offer and cannot be terminated prematurely by the Client without the Contractor’s prior consent. If the Agreement is entered into for an indefinite period of time, with the services being extended each time after a period has ended, the Contractor can only terminate the Agreement with due observance of the notice period as stipulated in the quotation and against timely notice as stipulated in the quotation. If the Agreement is entered into for the implementation of a project, the Agreement will end upon completion of the work agreed in the offer, unless stipulated otherwise in the offer. Premature termination by the Client is excluded, unless stipulated otherwise in the offer or in these general terms and conditions.
Any change and/or partial cancellation or complete cancellation of an assignment by or at the request of the Client can only take place with the prior written permission of the Contractor and on the condition that the work already performed by the Contractor or by an employee of the Contractor will be fully reimbursed by the Client.
For work and/or assignments for which no quotation or order confirmation is sent, or if the order confirmation has not (yet) been signed, the Agreement is concluded subject to the applicability of these general terms and conditions at the time that the Agreement is actually started on behalf of the Contractor, while in the event that no quotation or order confirmation has been sent, the Contractor’s invoice is regarded as an order confirmation, which is also deemed to represent the Agreement correctly and completely.
The Contractor is entitled towards the Client when entering into an Agreement or afterwards, before the performance of the Agreement is commenced on the part of the Contractor or before such performance is continued, to demand sufficient security for the timely payment obligations by the Client and any other obligations towards the Contractor.
In relation to the Client, the Contractor is entitled and authorized to engage third parties for the purpose of executing the Agreement. The costs of this will only be passed on to the Client if the Client has agreed to the engagement of the third party in advance.
All assignments from the Client are deemed to have been accepted exclusively by and each assignment Agreement is deemed to have been concluded exclusively with the Contractor. This also applies if it is the explicit or implicit intention of the Client that the assignment will be carried out by an employee of the Contractor. The effect of article 7:404 of the Dutch Civil Code and the effect of article 7:407 paragraph 2 of the Dutch Civil Code are completely excluded.
The Client is free to prove the conclusion of the Agreement by other means than as described above.

D. Client data

The Client is responsible for ensuring that all relevant or useful data and information required for the performance of the Agreement is always made available to the Contractor in a timely manner and in a form that is fully comprehensible and usable for the Contractor. The costs of obtaining and keeping such data and information in an understandable and usable form and of making them available to the Contractor are for the account of the Client.
In relation to the Client, the Contractor is entitled, if data and information required for the implementation of the Agreement have not been made available to the Contractor, or have not been made available to the Contractor in full, on time or in the correct form, or if the Client is otherwise unable to fulfills its obligations, suspend or discontinue the performance of the Agreement. In such a case, without prejudice to the Contractor’s right to compensation for damage, the Client will in any event owe the Contractor the applicable compensation for what has already been performed for the execution of the Agreement, while the Contractor is then also entitled to pay additional costs in accordance with its usual charge rates.
The Client is obliged to inform the Contractor immediately about facts and circumstances that may be important in connection with the performance of the Agreement.
The Client guarantees the correctness, completeness and reliability of the data and documents made available to the Contractor by or on behalf of it, even if these originate from third parties.
The Client guarantees to the Contractor that the documents supplied by the Client have been obtained lawfully and may be used by the Contractor in the performance of the assignment. The Client indemnifies the Contractor against any claims from third parties arising from the use by the Contractor of the documents supplied by the Client.
The extra costs and extra fee resulting from the delay in the implementation of the Agreement, caused by the failure to make the requested data available, or not to do so on time or not properly, shall be borne by the Client.
If and insofar as the Client so requests, the documents made available will be returned by the Contractor to the Client, subject to the provisions under N.

E. Execution of the Agreement and consultancy

Execution of an Agreement takes place exclusively for the benefit of the relevant Client. Third parties cannot derive any rights from or related to the Agreement or to the content of the work and activities performed for the execution of the Agreement or in connection therewith.
If a Client allows a third party/third parties to become acquainted with the content of the work or activities performed for him by the Contractor, the Client must point out these general terms and conditions to the third party and ensure that these general terms and conditions are also accepted by such third party. Each Client indemnifies the Contractor and its employees and auxiliary persons against claims from third parties that are based on or related to damage suffered or alleged to have been suffered by or in connection with the work or activities by the Contractor and its employees and auxiliary persons for the benefit of the Client, and each Client indemnifies the Contractor and its employees and auxiliary persons against claims from third parties, which are based on or related to damage suffered or allegedly suffered by or in connection with a report made by the Contractor or one of its employees or other auxiliary persons in the context of the Money Laundering and Terrorist Financing Prevention Act.
The Contractor will exercise the care of a good Contractor in the performance of the Agreement and in the selection of other persons/institutions to be engaged by it.
The Contractor determines the manner in which and by which person(s) the Agreement is performed, If possible, the Contractor will take into account timely and responsible instructions from the Client regarding the implementation of the Agreement.
The contractor will perform the work to the best of its ability and as a professional who acts with due care. However, the Contractor cannot guarantee the achievement of any intended result.
The Contractor has the right to have certain activities performed by a person or third party to be designated by the Contractor, without notification to and permission from the Client, if this is desirable in the opinion of the Contractor.
The Contractor will perform the Agreement in accordance with what is required of it by law.
If, during the term of the Agreement, activities are performed for the Client’s profession or company that do not fall under the activities to which the Agreement for the assignment quotation relates, these activities will be deemed to have been performed on the basis of separate Agreements under the same conditions as stipulated in the quotation and Agreement.
Any periods stipulated in the Agreement within which the work must be carried out are only approximate and not strict deadlines. Exceeding such a term therefore does not constitute an attributable shortcoming on the part of the Contractor and therefore does not constitute grounds for dissolution of the Agreement.

If such a period is exceeded, the Client may, however, set a new, reasonable period within which the Contractor must have performed the Agreement, except in the event of force majeure. Exceeding this new, reasonable term does provide grounds for dissolution of the Agreement by the Client, whereby the Client must expressly give Contractor written notice of default before the Contractor can be in default. The Contractor will never be liable for any exceeding of a term as referred to in this paragraph of this article, and if it is exceeded, the Contractor is not obliged to pay any compensation for damage to the Client.

If it has been agreed that advice will be given in steps or phases, the Contractor is entitled to postpone or suspend the activities relating to a subsequent step or phase, or any part of those activities, until the Contractor has received the approval by the Client of the results of the prior step(s) or stage(s) in writing. If the execution of the Agreement takes place in steps or phases, the Contractor is also entitled to invoice the work per phase to the Client and to suspend further execution of the next phase(s) of the work until these invoices have been paid by the Client.
If it appears to the Contractor during the performance of the Agreement that a change and/or extension thereof is necessary or desirable as a result of incorrect or incomplete information supplied by the Client, the Contractor will inform the Client in writing, whereby, in the event that a fixed price has been agreed upon, the Contractor will inform the Client of the price increase the change or expansion will entail. If the Client has not agreed to the proposed changes and/or extensions in writing within fourteen (14) days, the Contractor will be entitled to suspend or discontinue the performance of the work, in which case the Client will be obliged to pay the Contractor compensation for the work already performed in accordance with the rate applied by the Contractor, even if a fixed price was agreed, without prejudice to the Contractor’s right to claim compensation.
If the Contractor informs the Client about a necessary or desired change or expansion, the time of completion of the advice will be postponed by at least three (3) weeks, while furthermore, if a change or expansion of the work takes place, this time will be adjusted accordingly.

F. Confidentiality and exclusivity

The Contractor is obliged to maintain confidentiality vis-à-vis third parties that are not involved in the performance of the Agreement. This confidentiality concerns all information of a confidential nature made available to it by the Client and the results obtained by processing it. This confidentiality does not apply insofar as legal or professional rules, including but not limited to the reporting obligation arising from the Money Laundering and Terrorist Financing (Prevention) Act and other national or international regulations with a similar purpose, impose an information obligation on the Contractor, or insofar as the Client has released the Contractor from the duty of confidentiality. This provision also does not prevent confidential collegial consultation within the Contractor’s organization, insofar as the Contractor deems this necessary for the careful implementation of the Agreement or for the careful fulfillment of legal or professional obligations, or the provision of the information to third parties insofar as this is necessary in connection with legal disputes or by order of a regional or national authority.
The contractor is entitled to use the numerical results obtained after processing for statistical or comparative purposes, provided that those results are not traceable to individual Clients.
The Contractor is not entitled to use the information made available to it by the Client for a purpose other than for which it was obtained, with the exception of the provisions of paragraphs 1 and 2, and in the event that the Contractor acts for itself in a disciplinary, civil or criminal proceedings, where these documents may be relevant.
The Contractor guarantees that its personnel and the persons it employs in the performance of this Agreement will comply with the rules and regulations applicable at the Contractor regarding confidentiality.

G. Intellectual property

All intellectual property rights, which will or can be exercised – wherever and whenever – with regard to the results of the services, belong to the Contractor. Insofar as still necessary, these rights under this Agreement shall be transferred by the Client to the Contractor, which transfer is hereby accepted by the Contractor.
The Client is expressly prohibited from providing, reproducing, publishing or exploiting the rights referred to in paragraph 1 of this article, including but not limited to computer programs, system designs, working methods, advice, (model) contracts and other intellectual products, all in the broadest sense of the word, to third parties.
The Client is not permitted to provide the rights referred to in paragraph 1 to third parties, other than to obtain an expert opinion on the Contractor’s activities.

H. Force majeure

“Force majeure” is understood to mean any circumstance, cause or event, wherever occurring, which temporarily or permanently prevents, makes impossible or unreasonably burdens the correct, complete and timely fulfillment of any obligation of the Contractor, and which circumstance, cause or event the Contractor cannot reasonably prevent, or which is wholly or partly outside the sphere of influence of the Contractor. Circumstances, causes or events that constitute force majeure shall in any event include: fire, explosion, lightning strike, flood, storm, snow, frost and other weather conditions; strike, work stoppage, excessive (sickness) absenteeism of the Contractor’s personnel; war, molestation; epidemics or pandemics that impede the Contractor in the performance of its work; social unrest; government measures and/or regulations that prevent, delay or otherwise complicate the fulfillment of obligations; technical malfunctions and/or defects, delays, malfunctions or interruptions in or repairs to the computer and the associated network.
The consequences of any circumstance, cause or event as referred to in the previous paragraph are also regarded as “force majeure”.
In the event of force majeure, the Client has the right to terminate the Agreement in whole or in part and with immediate effect in writing.
Irrespective of the provisions of the first two paragraphs of this article, if the Contractor is prevented from fulfilling any obligation to the Client due to force majeure, and the force majeure situation is of a permanent or long-term nature in the opinion of the Contractor, the Client and the Contractor can make arrangements regarding the dissolution of the Agreement in accordance with the law and the associated consequences.
The Contractor is entitled to claim payment in respect of all that has been performed by or on behalf of the Contractor for the execution of the Agreement with the Client before the circumstance, cause or event causing force majeure occurred or became apparent.

I. Fees

All rates quoted by the Contractor are exclusive of VAT, unless stated otherwise.
The Contractor has the right before the start of the work and in the interim to suspend the performance of its work until the Client has paid an advance to be reasonably determined by the Contractor for the work to be performed, or has provided security for this.
The Contractor’s fee does not depend on the outcome of the work performed.
The Contractor’s fee can consist of a predetermined amount per Agreement and/or can be calculated on the basis of rates per unit of time worked by the Contractor and is due as the Contractor has performed work for the Client.
If an amount fixed per Agreement has been agreed, the Contractor is also entitled to charge a rate per time unit worked, if and insofar as the work exceeds the work provided for in the Agreement, which the Client will then also owe.
The Contractor is entitled to increase a fixed agreed fee if it appears during the performance of the work that the originally agreed or expected amount of work was insufficiently estimated at the conclusion of the Agreement to such an extent that it cannot reasonably be expected of the Contractor to perform the agreed work against the originally agreed fee. In that case, the Client is entitled to terminate the Agreement with the Contractor with immediate effect.
If, after the conclusion of the Agreement, but before the assignment has been fully executed, significant rate increases take place, for example as a result of tax changes or otherwise, the Contractor is entitled to adjust the agreed rate accordingly, unless the Client and the Contractor have agreed otherwise. The Contractor will inform the Client in writing of the intention of a price change as referred to in this paragraph. If the Contractor does not agree with the price change as referred to in this paragraph, the Client is entitled to terminate the Agreement with immediate effect.
The Contractor’s fee, if necessary increased by disbursements and invoices from engaged third parties, including any turnover tax due, will be charged to the Client per month, per quarter, per year or after completion of the work.
The Contractor is authorized to invoice the travel costs incurred by or on behalf of the Contractor for the performance of the work to the Client in the amount of € 0,45 cents per kilometre.

J. Payment

Payment of the invoice amount by the Client must be made within the agreed terms, but in no case later than 14 days after the invoice date, in the invoiced currency, at the office of the Contractor or by means of bank transfer to a bank account to be designated by the Contractor, without any right for the Client to a discount or set-off.
If the Client has not paid within the period referred to in paragraph 1 or within the further agreed period, it will be in default by operation of law and the Contractor will be entitled, without any further summons or notice of default being required, to charge the statutory interest on the invoiced amount with a minimum of 15% per month, until the day of full payment, without prejudice to the other rights of the Contractor.
All costs incurred as a result of judicial or extrajudicial collection of the claim are for the account of the Client, also insofar as these costs exceed the court order for judicial costs. The extrajudicial costs are set at a minimum of 15% of the amount to be claimed, with a minimum of €250.
If, in the opinion of the Contractor, the financial position or payment behavior of the Client gives reason to do so, the Contractor is entitled to require the Client to provide (additional) security in a form to be determined by the Contractor. If the Client fails to provide the required security, the Contractor is entitled, without prejudice to its other rights, to immediately suspend further performance of the Agreement and all that the Client owes the Contractor for whatever reason is immediately due and payable.
In the case of an assignment given jointly, the Clients are jointly and severally liable for the payment of the invoice amount, insofar as the work has been carried out for the benefit of the joint Clients.
Each payment from the Client will first serve to settle the interest owed by it and the collection costs and administration costs owed to the Contractor, and then to settle the outstanding claim in order of age, therefore starting with the oldest outstanding progress.
The Client is never authorized to set off the outstanding invoices of the Contractor against any claim that the Client has or may acquire against the Contractor, nor to suspend payment of outstanding invoices.

K. Complaints

A complaint with regard to the work performed must be submitted to the Contractor in writing within 30 days after the date of dispatch of the documents or information about which the Client is complaining, or within 30 days after the discovery of the defect.
Complaints regarding the invoice amount must be submitted to the Contractor in writing within eight (8) days after the date of that invoice.
Complaints as referred to in the first paragraph do not suspend the Client’s payment obligation, except insofar as the Contractor has indicated that it considers the complaint to be well-founded.
In the event of a justified complaint, the Contractor has the choice, at its own discretion, between adjusting the fee charged, improving or re-performing the rejected work free of charge, or not (any longer) performing the Agreement in full or in part against a proportional refund of the fee already paid by the Client without the Client being able to assert any additional right to any compensation whatsoever.
Complaints can only be dealt with if the nature and grounds of the complaints have been accurately stated.
If the complaint is not lodged in time, all rights of the Client in connection with the repair of the defects or compensation for the damage resulting from the defects will lapse.

L. Liability, indemnification and expiry

If the Contractor should be liable, this liability is limited to what is stated in this article.
The Contractor is not liable for damage caused by an error on the part of the Contractor because the Client has provided the Contractor with incorrect and/or incomplete information. If the Client demonstrates that it has suffered damage due to an error on the part of the Contractor that would have been avoided by the Contractor if it had acted carefully, the Contractor is liable for that damage up to a maximum of the amount as stipulated in this article.
The Contractor is not liable for damage if the assignment is delayed due to illness or other absence of persons working for the Contractor.
Liability of the Contractor for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption is excluded at all times.
If the Contractor should be liable for any damage, then the liability of the Contractor is limited to a maximum of once the net amount invoiced for the service from which the damage resulted, or at least for that part of the service on which the liability relates, unless there is intent or willful recklessness on the part of the Contractor. If the Agreement is mainly a continuing performance contract with a term of more than one year, the net invoice amount will be set at the total of the invoices stipulated for one year.
The Client indemnifies the Contractor against claims from third parties due to damage caused by the Client providing incorrect or incomplete information to the Contractor, unless the Client demonstrates that the damage is not related to culpable acts or omissions on its part or was caused by intent or deliberate recklessness of the Contractor. The Client also indemnifies the Contractor against any claims from third parties who suffer damage in connection with the performance of the Agreement and which is attributable to the Client.
The limitation of liability laid down in this article is also stipulated for the benefit of third parties engaged by the Contractor for the performance of the Agreement, which therefore have a direct appeal to this limitation of liability.
The contractor is not liable for damage caused by the improper functioning of the equipment, software, data files, registers or other items used in the performance of the assignment.

M. Termination

The Contractor can terminate the Agreement at any time with immediate effect by giving notice for reasons due to major reasons for the Contractor. The Client can only terminate the Agreement prematurely if there is a serious shortcoming in the fulfillment of the Agreement by the Client and the Contractor has given the Client notice of default and has allowed a reasonable period of time to rectify the shortcoming, but recovery has nevertheless not taken place. If the Agreement ends before the assignment is completed, either as a result of premature termination or as a result of dissolution, the provisions under M, fourth paragraph will apply and the Client will owe compensation for the work already performed by or on behalf of the Contractor.
Termination must be notified to the other party in writing by registered letter or electronically. The notification of termination by electronic means is only considered to have been received by the Contractor after receipt of the notification has been confirmed by the Contractor to the Client.
“Major reasons” as referred to in paragraph 1 of this article include in any event, but not exclusively, if: the Client is declared bankrupt, assigns its estate, submits a request for suspension of payment, or the Client is granted a provisional or final suspension of payment, or an attachment is levied on all or part of the assets of the Client; the Client, if it is a natural person, dies or is placed under guardianship, or the Client’s goods are placed under administration; if the Client is a legal person, the liquidation of the Client is commenced, or a claim for dissolution of the Client is filed or a dissolution decision is or has been taken with regard to the Client, or if there is a shortcoming in the fulfillment of the Agreement by the Client.
If an Agreement is terminated or dissolved as a result of the provisions of this article, the amounts that the Client owes the Contractor at the time of termination or dissolution will remain due in full, and the interest and costs are due in accordance with the provisions of these general terms and conditions, without prejudice to the right of the Contractor to claim compensation and the other rights accruing to the Contractor.
If and insofar as the Contractor terminates the Agreement by giving notice, it is obliged to inform the Client of the reasons for the termination and to do everything that the circumstances require in the interest of the Client.
The Client may terminate the Agreement that is a subscription by giving notice in writing no later than three (3) months before the date on which the subscription is automatically tacitly renewed for the same duration of the previous period. If termination takes place outside this term, payment of the new term must always be made.

N. Right of Suspension

The Contractor has a right of retention on all goods and items that are under the Contractor’s control from or on behalf of the Client, regardless of the cause or reason thereof, as long as the Client has not fulfilled all its obligations towards the Contractor. The Contractor is obliged to manage or have managed the goods/goods referred to in the previous paragraph in accordance with good commercial practice, but the Client will not be able to assert any right to compensation or compensation in the event of the total or partial destruction or loss of those goods/goods and / or damage to those goods through no fault of the Contractor, and the risk for those goods therefore remains with the Client.

O. Article titles

Titles of the articles of these general terms and conditions serve exclusively to facilitate reading and clarity thereof, but have no other meaning; in particular, these titles cannot be used for the interpretation of these general terms and conditions.

P. Validity

In the event that any provision of these general terms and conditions should be invalid and/or unenforceable in whole or in part, as a result of any statutory regulation, court decision, or any directive, decision, recommendation or measure of any local, regional, national or supranational authority or body, or otherwise, this will not affect the validity of all other provisions of these terms and conditions. If a provision of these general terms and conditions should be invalid for a reason as referred to in the previous sentence, but would be valid if it had a more limited scope or scope, then this provision will automatically apply with the most far-reaching or most extensive scope or purpose, with which or in which it is valid.

Q. Applicable law and choice of forum

Dutch law applies to all Agreements between the Client and the Contractor to which these general terms and conditions apply.
The competent court of the district in which the Contractor is established has exclusive jurisdiction in the first instance to take cognizance of any disputes related to the Agreements between the Client and the Contractor.
Contrary to the provisions of paragraph 2, the Client and the Contractor may opt for a different method of dispute resolution.

The Netherlands – 2026