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Client Specific Terms and Conditions Accenture
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Writing
Client Specific Terms and Conditions – Accenture
Version: 1 – March 2025
Client: Accenture
These Client Specific Terms and Conditions (CSTC) apply to Assignments under which a Self-Employed Person performs Work at Accenture via an Intermediary.
Capitalized terms have the meanings as defined in the General Terms and Conditions for Intermediary Services for Self-Employed Persons (GTC) of HeadFirst Group.
Article 1 – General
The Self-Employed Person must be based in the Netherlands.
If a Self-Employed Person is not based in the Netherlands and is unwilling to relocate, they may only be engaged with the Client’s explicit prior written approval.
Article 2 – Non-availability
2.1 Permitted reasons for non-availability
The Parties acknowledge that the reasons for non-availability of the Self-Employed Person are limited to:
illness or incapacity for work of the Self-Employed Person;
holidays as agreed in writing between the Self-Employed Person and the Client; and
other reasons specified and agreed upon in writing by the Self-Employed Person and the Client.
2.2 Responsibility in case of absence
The Self-Employed Person is responsible for ensuring that absence only occurs under the conditions stated above.
In case of absence, the Self-Employed Person must immediately inform the Intermediary.
Article 3 – Termination
The Intermediary may terminate an Assignment at any time without cause by providing written notice to the Self-Employed Person.
A notice period of one (1) week applies.
The Client and/or Intermediary will not owe any fees, damages or penalties as a result of such termination.
The possibility and conditions for the Self-Employed Person to terminate an Assignment early without cause will be discussed and agreed upon separately for each Assignment.
Article 4 – Liability
4.1 Liability of the Self-Employed Person
The liability of the Self-Employed Person is limited to:
€1.5 million per event; and
€3 million per year.
4.2 Liability of the Client
To the extent permitted by law, the Client will not be liable for any damages incurred by the Self-Employed Person, including:
damages;
lost revenues;
lost profits;
incidental damages;
indirect damages; and
consequential damages.
This exclusion does not apply where the damages are caused by gross negligence or willful misconduct of the Client.
4.3 Deduction and set-off
Whenever any amount is recoverable from or payable by the Self-Employed Person to the Client as a result of the execution of the Assignment or a breach by the Self-Employed Person of any obligation under the Assignment, the Client is entitled to deduct this amount from any amount due or becoming due to the Self-Employed Person under any future Assignment agreed between the Client and the Self-Employed Person.
Article 5 – Indemnification
The indemnification obligation of the Self-Employed Person as referred to in clause 9.6 of the GTC is limited to €3 million per year.
The indemnification applies only to the extent that the relevant claims are attributable to acts and/or omissions of the Self-Employed Person.
Article 6 – Non-disclosure
The Self-Employed Person shall ensure that:
without the Client’s express written consent, no confidential information is disclosed in any manner to any person, except where disclosure is required by a court of competent jurisdiction or by statutory obligation. In such cases, the Self-Employed Person must inform the Client in writing without delay and, if possible, before the disclosure takes place;
adequate security measures are implemented and maintained to protect confidential information against unauthorized access, use and/or misappropriation; and
the Client is promptly notified of any unauthorized use, copying or disclosure of confidential information of which the Self-Employed Person becomes aware. The Self-Employed Person must provide all reasonable assistance to the Client to terminate such unauthorized use and/or disclosure.
6.1 Non-disclosure agreement
The Self-Employed Person must sign a non-disclosure agreement (NDA) before commencing activities for the Client.
Article 7 – Documents and materials
7.1 Possession and retention
The Self-Employed Person may not possess or retain, in any form or manner, any materials or information that:
are made available to the Self-Employed Person as a result of performing activities for the Client; or
are prepared by the Self-Employed Person on behalf of the Client,
except to the extent and for as long as this is necessary for the proper performance of the activities under an Assignment.
7.2 Return or destruction
Upon written request from the Client, the Self-Employed Person must promptly:
deliver all materials and information supplied by the Client to the Client; or
destroy such materials and information,
at the Client’s option.
Article 8 – Intellectual Property Rights
8.1 Compensation
The Parties agree and confirm that the fees are deemed to constitute appropriate compensation for all Intellectual Property Rights.
The Client is not required to pay any separate license fees or other additional fees for the use of such Intellectual Property Rights, including their use in present or future media or in ways that have not yet been contemplated.
8.2 Use of the Client’s Intellectual Property Rights
The Client grants the Self-Employed Person a:
non-exclusive; and
non-transferable
right to use the Intellectual Property Rights of the Client, including any pre-existing Intellectual Property Rights, solely to the extent necessary to provide the Services for the duration of the Assignment.
Article 9 – Penalties
If the Self-Employed Person breaches any obligation under Article 6, 7 or 8 of these CSTC or Article 3 of the GTC, the Self-Employed Person will, without the need for prior notice of default, immediately forfeit to the Client an immediately payable penalty of:
€25,000 per breach; and
€500 for each day that the breach continues after the Client has provided written notification of the discovery of the breach.
This is without prejudice to the Client’s right to claim:
damages;
full compensation;
proper performance; and/or
compliance with the relevant obligations.
The penalty will be imposed reasonably.
Writing
Client Specific Terms and Conditions – Accenture
Version: 1 – March 2025
Client: Accenture
These Client Specific Terms and Conditions (CSTC) apply to Assignments under which a Self-Employed Person performs Work at Accenture via an Intermediary.
Capitalized terms have the meanings as defined in the General Terms and Conditions for Intermediary Services for Self-Employed Persons (GTC) of HeadFirst Group.
Article 1 – General
The Self-Employed Person must be based in the Netherlands.
If a Self-Employed Person is not based in the Netherlands and is unwilling to relocate, they may only be engaged with the Client’s explicit prior written approval.
Article 2 – Non-availability
2.1 Permitted reasons for non-availability
The Parties acknowledge that the reasons for non-availability of the Self-Employed Person are limited to:
illness or incapacity for work of the Self-Employed Person;
holidays as agreed in writing between the Self-Employed Person and the Client; and
other reasons specified and agreed upon in writing by the Self-Employed Person and the Client.
2.2 Responsibility in case of absence
The Self-Employed Person is responsible for ensuring that absence only occurs under the conditions stated above.
In case of absence, the Self-Employed Person must immediately inform the Intermediary.
Article 3 – Termination
The Intermediary may terminate an Assignment at any time without cause by providing written notice to the Self-Employed Person.
A notice period of one (1) week applies.
The Client and/or Intermediary will not owe any fees, damages or penalties as a result of such termination.
The possibility and conditions for the Self-Employed Person to terminate an Assignment early without cause will be discussed and agreed upon separately for each Assignment.
Article 4 – Liability
4.1 Liability of the Self-Employed Person
The liability of the Self-Employed Person is limited to:
€1.5 million per event; and
€3 million per year.
4.2 Liability of the Client
To the extent permitted by law, the Client will not be liable for any damages incurred by the Self-Employed Person, including:
damages;
lost revenues;
lost profits;
incidental damages;
indirect damages; and
consequential damages.
This exclusion does not apply where the damages are caused by gross negligence or willful misconduct of the Client.
4.3 Deduction and set-off
Whenever any amount is recoverable from or payable by the Self-Employed Person to the Client as a result of the execution of the Assignment or a breach by the Self-Employed Person of any obligation under the Assignment, the Client is entitled to deduct this amount from any amount due or becoming due to the Self-Employed Person under any future Assignment agreed between the Client and the Self-Employed Person.
Article 5 – Indemnification
The indemnification obligation of the Self-Employed Person as referred to in clause 9.6 of the GTC is limited to €3 million per year.
The indemnification applies only to the extent that the relevant claims are attributable to acts and/or omissions of the Self-Employed Person.
Article 6 – Non-disclosure
The Self-Employed Person shall ensure that:
without the Client’s express written consent, no confidential information is disclosed in any manner to any person, except where disclosure is required by a court of competent jurisdiction or by statutory obligation. In such cases, the Self-Employed Person must inform the Client in writing without delay and, if possible, before the disclosure takes place;
adequate security measures are implemented and maintained to protect confidential information against unauthorized access, use and/or misappropriation; and
the Client is promptly notified of any unauthorized use, copying or disclosure of confidential information of which the Self-Employed Person becomes aware. The Self-Employed Person must provide all reasonable assistance to the Client to terminate such unauthorized use and/or disclosure.
6.1 Non-disclosure agreement
The Self-Employed Person must sign a non-disclosure agreement (NDA) before commencing activities for the Client.
Article 7 – Documents and materials
7.1 Possession and retention
The Self-Employed Person may not possess or retain, in any form or manner, any materials or information that:
are made available to the Self-Employed Person as a result of performing activities for the Client; or
are prepared by the Self-Employed Person on behalf of the Client,
except to the extent and for as long as this is necessary for the proper performance of the activities under an Assignment.
7.2 Return or destruction
Upon written request from the Client, the Self-Employed Person must promptly:
deliver all materials and information supplied by the Client to the Client; or
destroy such materials and information,
at the Client’s option.
Article 8 – Intellectual Property Rights
8.1 Compensation
The Parties agree and confirm that the fees are deemed to constitute appropriate compensation for all Intellectual Property Rights.
The Client is not required to pay any separate license fees or other additional fees for the use of such Intellectual Property Rights, including their use in present or future media or in ways that have not yet been contemplated.
8.2 Use of the Client’s Intellectual Property Rights
The Client grants the Self-Employed Person a:
non-exclusive; and
non-transferable
right to use the Intellectual Property Rights of the Client, including any pre-existing Intellectual Property Rights, solely to the extent necessary to provide the Services for the duration of the Assignment.
Article 9 – Penalties
If the Self-Employed Person breaches any obligation under Article 6, 7 or 8 of these CSTC or Article 3 of the GTC, the Self-Employed Person will, without the need for prior notice of default, immediately forfeit to the Client an immediately payable penalty of:
€25,000 per breach; and
€500 for each day that the breach continues after the Client has provided written notification of the discovery of the breach.
This is without prejudice to the Client’s right to claim:
damages;
full compensation;
proper performance; and/or
compliance with the relevant obligations.
The penalty will be imposed reasonably.