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Drafting general provisions

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Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

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Tailored general terms and conditions

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Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

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Active since 2001
Lawyers and in-house counsel
Fixed rates in advance
Tailored legal solutions for entrepreneurs
Thousands of agreements per year

Customization
About us

Most chosen

Tailored general terms and conditions

from 199.- per document

For entrepreneurs who want to have a legal document drafted that aligns with their business, agreements, industry, and risks.

Compose my document

Our lawyer is spending 1.5 to 2.5 hours on the document
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About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

Active since 2001
Lawyers and in-house counsel
Fixed rates in advance
Tailored legal solutions for entrepreneurs
Thousands of agreements per year

Reviews (21)

Bert

Smooth communication and a clear proposal in the mailbox immediately. We greatly appreciated the pragmatic approach to resolving the bottlenecks. Our customers respond positively to the clear general terms and conditions.

Ruben

The process went smoothly and was well-organized. Ample time was taken to discuss the various options and their implications. A party that delivers on what it promises on its website.

Fatima

The initial analysis of our documents was razor-sharp. The speed with which complex legislative changes were integrated into our document was excellent. The service was professional and personal.

Rianne

My request via the website was picked up incredibly quickly. The flexibility to add an extra clause at the last minute was greatly appreciated. Fantastic value for money for this level of expertise.

Nina

The promises on the website were fulfilled immediately during the first contact. The process was clear from start to finish. It is clear that they have a passion for entrepreneurship.

Ayman

We didn't know exactly which document we needed, but received sound advice immediately. We exchanged quite a few emails, but the responses remained quick and helpful. It is clear that they have a passion for entrepreneurship.

Amira

There was immediate room for our own input and ideas. They managed to forge an extremely complex joint venture agreement in a short timeframe. It is clear that they have a passion for entrepreneurship.

Danielle

The lawyer took the time to explain everything thoroughly. The lawyer always maintained an overview, even when the wish list changed in the meantime. Everything was delivered neatly and on time.

Amine

Our complex question was immediately reduced to the essence. The lawyer pointed out aspects we had not considered ourselves. The final result aligns 100% with our high standards.

Can

We required a tailored approach, and that was handled well. The sharpness in the negotiations with our opposing counsel was impressive. A reliable partner striving for perfection in their documents.

Sander

Things moved quickly and the work was carried out meticulously. We found the telephone intake particularly valuable. Our business partners were impressed by the professionalism of the contracts.

Hanane

The consultation provided immediate clarity. We received an excellent explanation regarding the implications of applicable law in our international contracts. Everything was delivered neatly and on time.

Demi

The intake was personal and concrete. They flawlessly managed to expose the pain points in our current contract. Fantastic value for money for this level of expertise.

Cem

From the initial consultation, it was clear what we could expect. The lawyer always maintained an overview, even when the wish list changed in the meantime. These documents will undoubtedly save us a lot of headaches in the future.

Mats

I had not expected legal assistance could be so accessible. The lawyer was not afraid to be critical of our own initial plans, which saved us from mistakes. Our clients are responding positively to the clear terms and conditions.

Thomas

Our questions were taken seriously. The key points have been addressed effectively. The final result aligns 100% with our high standards.

Kim

It was a relief to be helped so quickly. The weekly update emails gave a nice sense of control over the process. A reliable partner who strives for perfection in their documents.

Dennis

We needed a custom solution, and that was handled well. The feedback we received on our own concept was incredibly insightful and useful. It is clear that they have a passion for entrepreneurship.

Lina

We were looking for certainty and received it immediately in the first meeting. The translation of our wishes into watertight legal provisions was impressive. Everything was delivered neatly and on time.

Nawal

It was great that we could immediately brainstorm about the best approach. It felt like we had an in-house corporate counsel for the duration of the project. The end result aligns 100% with our high standards.

Esther

The lawyer got straight to the heart of the matter. It was pleasant that what was important was explained in plain language. A party that delivers on what it promises on its website.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

Nationwide coverage
First consultation free and without obligation
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Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

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What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

A clear roadmap: intake, concept, revision round, and final version
Practical explanation on how to use the document
Legal attention to liability, payment, and termination
Where possible, provide clarity in advance regarding price and delivery time

Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

Prepared for your company
Telephone consultation included
No standard template
Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

Draft document or legal review
One adjustment round
Clear explanation where necessary
Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Ilja van Driel

Corporate law attorney, employment law

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Custom choices

Which choices determine the content?

A few fundamental choices determine what your general terms and conditions should look like. Answer these questions before having them drafted.

Choice or question	Why this matters legally
To which agreements do the provisions apply?	General terms and conditions for one-off deliveries differ from those for long-term service provision or cooperation.
With whom do you usually conclude: entrepreneurs or consumers?	Stricter mandatory law applies to consumers, and many restrictions are more readily deemed unreasonably burdensome and are therefore voidable.
How far do you want to limit your liability?	A broad limitation offers protection, but must not go so far as to render the provision unreasonable or void.
How are the provisions provided?	The counterparty must be aware of the provisions before or at the time of concluding the contract; if this is not done correctly, it may annul them.
Which dispute resolution suits you?	The choice between a state court and arbitration affects the costs, speed, and confidentiality of any potential dispute.

Clauses and provisions

Which elements belong in general provisions?

The content depends on your situation, but the following components form the basis of a complete set of general terms and conditions. Below, you will see for each component when it is relevant and what to look out for.

Provision	Relevant to	Legal point of attention
Applicability and precedence	Always	Explicitly specify to which agreements the provisions apply and which takes precedence in the event of a conflict with the main agreement.
Definitions	Regarding recurring concepts	A fixed meaning of key concepts prevents discussion regarding interpretation and makes the remaining provisions shorter.
Payment and invoicing	Regarding payment obligations	Payment term, statutory commercial interest and collection costs; indicate when default occurs.
Liability	Almost always	Limit your liability where permitted; limitations for intent or willful recklessness are not legally valid.
Confidentiality	When exchanging confidential information	Specify which information is confidential, for how long, and with what exceptions.
Force majeur	In the event of delivery or performance obligations	Describe what force majeure is and what consequences this has for performance, suspension, and dissolution.
Termination and cancellation	For ongoing relationships	Rules regarding notice periods, grounds for dissolution, and the consequences of termination.
Applicable law and disputes	Always	Opt for Dutch law and designate a competent court or arbitration to avoid procedural uncertainty.

Use in practice

How do you use this document correctly?

A good set of general terms and conditions only works if you apply them correctly. Pay attention to the following moments and actions.

Situation	What should you do?	Point of attention
Before or at the conclusion of the agreement	Provide the provisions or make them available digitally and refer to them explicitly.	Only provisions made available in a timely manner are binding on the other party and are not voidable.
When drafting quotations and contracts	Expressly declare the provisions in each quotation and agreement applicable.	Without a clear reference, the provisions do not apply, and you fall back on the statutory regulations.
In the case of a counterparty with its own terms and conditions	Expressly reject the other party's terms and conditions.	In the event of conflicting terms and conditions, the first-mentioned set generally applies, and you may lose your own provisions.
In the event of a change in law or working method	Update the provisions periodically and record the version.	Outdated provisions may conflict with new law or no longer align with your practice.

Common mistakes

These are the errors we encounter most frequently in practice. They result in general provisions failing to take effect at the decisive moment.

Wrong	Consequence	Better approach
Failure to provide provisions or providing them too late	The other party can invalidate the provisions, and you are left empty-handed.	Make the provisions demonstrably available before or at the time of closing and record this.
Copy standard text from the internet	Provisions do not align with your situation or are contrary to mandatory law.	Have the provisions tailored to your working methods and counterparties by a lawyer.
Limiting liability without limit or, conversely, void	An unreasonable or void restriction offers no protection whatsoever.	Limit liability within the limits permitted by law and reasonableness.
No ranking arrangement with the main agreement	It is unclear which agreement takes precedence in case of a conflict.	Include a clear ranking provision that resolves conflicts between documents.
Never update provisions	References to old legislation or outdated agreements undermine validity.	Periodically check and revise the provisions and keep track of versions.

Risk profile

What is your situation and what do you pay attention to?

Your situation determines where the focus should be. If you recognize yourself in one of the situations below, pay attention to the mentioned point of attention.

Risk profile	Example	Focus in the document
You supply to many customers as standard	You regularly enter into similar agreements and do not want to constantly negotiate.	Ensure watertight applicability and correct provision with every order.
You work with large corporate clients	The counterparty applies its own purchasing terms and conditions.	Expressly reject the other party's terms and record the rejection.
You supply to consumers	Stricter mandatory consumer law applies.	Avoid unreasonably burdensome clauses that may fall on the black or grey list.
You process personal data	In the course of execution, you process data of the counterparty or third parties.	Align the provisions with the GDPR and regulate processing separately where necessary.

Additional documents

When is this document not enough?

General provisions govern the fixed basis, but certain situations call for a separate, specific document. In those cases, we are happy to refer you to the appropriate body.

Situation	Supplementary document	Why
Situation	Data Processing Agreement	If you process personal data on behalf of others, the GDPR requires a separate data processing agreement in addition to your general terms and conditions.
Situation	Confidentiality Agreement	If you wish to protect confidential information prior to a collaboration, a separate confidentiality agreement is more appropriate.
Situation	Cooperation Agreement	If you enter into a structural collaboration, you define roles, input, and decision-making in a collaboration agreement.

Explanation of this document

Drafting general terms and conditions, why?

Not every entrepreneur knows exactly what general terms and conditions are, when they are needed, and which risks they must cover. That is why we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What are general provisions in a contract?

General provisions — also known as final provisions, boilerplate clauses, or standard clauses — are the contractual provisions that do not regulate the core of the specific agreement, but rather the general legal architecture of the contract. They govern subjects such as applicable law, competent court, the integration clause, the amendment procedure, the nullity provisions, the transferability of rights, and the termination provisions. In practice, general provisions are often treated as an afterthought — routinely tacked onto the end of the agreement and not discussed substantively. This is a mistake. It is precisely the general provisions that determine, in a dispute, how the rest of the contract is interpreted, which law applies, which court has jurisdiction, and whether a void clause affects the remainder of the contract. A poorly formulated or missing general provision can still undermine a carefully drafted contract. Our lawyers draft a complete set of general provisions for you that aligns with the nature of your agreement and your specific position as a party — and verify whether the general provisions in a received contract contain any hidden risks.

What is the difference between general provisions and general terms and conditions?

This distinction is frequently confused in practice but is of great legal importance. General terms and conditions within the meaning of Article 6:231 of the Dutch Civil Code are clauses drafted by a party for use in a series of agreements and which do not concern the core performances of the agreement. They are usually drafted unilaterally by one party and are subject to the statutory rules regarding unreasonably burdensome clauses — the black and grey lists of Articles 6:236 and 6:237 of the Dutch Civil Code. General provisions are the final provisions included in the agreement itself that regulate the legal relationship between the parties at a general level. They form an integral part of the agreement and are not provided as a separate set. Because they are part of the negotiated agreement, they are less likely to be deemed unreasonably burdensome by the court than standard clauses in general terms and conditions. Our lawyers advise you on which provisions belong in the agreement itself and which are better included in the general terms and conditions.

Which general provisions belong in every business agreement?

A complete set of general provisions in a business agreement contains at least the following categories. An applicable law clause indicating which national law governs the agreement — usually Dutch law in national transactions, and a deliberate choice in international transactions with tax, procedural, and substantive consequences. A forum selection clause indicating which court or arbitration body has jurisdiction in the event of disputes, preferably located near the domicile of the most vulnerable party. An integration clause — also known as an entire agreement clause — which stipulates that the written agreement contains the complete and definitive agreements between the parties and that any prior oral or written agreements have been incorporated into it. A severability clause determining what happens if a provision proves to be void or voidable: the rest of the agreement remains in force, and the void provision is replaced by a valid provision that approximates the intended effect as closely as possible. An amendment clause regulating how the agreement can be amended and whether orally agreed amendments are binding. And a transferability clause determining whether the parties may transfer their rights and obligations to third parties.

What is the integration clause and why is it so important?

The integration clause —also known in international contracts as the entire agreement clause or merger clause—is one of the most underestimated yet most effective general provisions in a business agreement. It stipulates that the written agreement contains the full meeting of minds between the parties and that all prior negotiations, proposals, emails, promises, and oral agreements are integrated therein and can no longer be invoked as independent obligations. The integration clause prevents a party in a dispute from relying on an email from the negotiation phase that provides a more favorable interpretation of the agreement, or on an oral promise that is not included in the text. Without an integration clause, the judge, when interpreting the agreement—based on the Haviltex criterion—can also look beyond the text to the intentions of the parties. With a well-formulated integration clause, the contract text becomes the primary source of interpretation. Our lawyers will draft an integration clause for you that is tailored to the degree of certainty you seek as a party.

What is the severability clause and when do you need it?

The severability clause —in the Netherlands also known as a salvatorial clause or provision for partial preservation—regulates the fate of the agreement if one or more provisions prove to be void or voidable. Without a severability clause, the invalidity of a single provision could theoretically affect the entire agreement if that provision is so essential that the parties would not have entered into the agreement without it. A well-formulated severability clause stipulates that the remaining provisions of the agreement remain in full force and effect and that the parties are obliged to replace the void provision with a valid provision that approximates the intended economic effect as closely as possible. This is particularly relevant for agreements containing provisions subject to statutory restrictions, such as non-compete clauses, exemption clauses, or interest clauses. Our lawyers ensure that your severability clause actually has the desired effect and is not a standard phrase that falls short during initial judicial review.

What is the forum selection clause and how do you choose the right court?

The choice of forum clause determines which court or arbitration body has jurisdiction to settle disputes arising from the agreement. In national agreements, the choice of forum generally aligns with the place of establishment of one of the parties, taking into account the rules regarding absolute and relative jurisdiction and the internal distribution of court locations. In international agreements, the choice of forum is of great strategic importance: the law of the chosen country partly determines the outcome of proceedings, the possibilities for enforcing a judgment vary by country, and litigation costs and processing times differ significantly between jurisdictions. An alternative to the ordinary courts is arbitration—a private dispute settlement procedure at an arbitration institution such as the NAI or the ICC. Arbitration offers confidentiality, specialist arbitrators, and an internationally enforceable judgment under the New York Convention. Our lawyers will advise you on which forum best suits the nature of your agreement and your position as a party.

What is the amendment clause and why is a written requirement essential?

The amendment clause regulates how the agreement can be modified. The most commonly used wording is that amendments are only binding if they have been agreed upon in writing and signed by both parties. This written requirement for amendments prevents a party from relying on an oral agreement, an email, or a WhatsApp message as evidence of a modification to the agreement. Without an amendment clause requiring written form, the court may accept informal communication as evidence of a contract modification based on the Haviltex criterion. Please note: an amendment clause that can also be circumvented orally—because the parties agree orally not to apply the written form requirement—has limited value. A well-drafted clause addresses this risk as well. Our lawyers will draft an amendment clause for you that actually works in practice.

What is the transferability clause and when is it relevant?

The transferability clause determines whether and under what conditions parties may transfer their rights and obligations under the agreement to third parties. Without such a clause, the general rule of Article 6:159 of the Dutch Civil Code applies: contract assignment requires the consent of the counterparty. In cooperation agreements, license agreements, and service contracts, it is often desirable for the transferring party to be able to take the agreement with them in the event of a business acquisition or restructuring without the counterparty being able to withhold its approval. Conversely, the counterparty may have an interest in restricting transferability if the identity of the contracting party is essential to the cooperation. A well-formulated transferability clause also regulates the position in the event of a transfer of shares—technically not a contract assignment, but a change of the actual counterparty—and in the event of bankruptcy or suspension of payments. Our lawyers advise you on the correct wording for your specific situation.

What risks do incomplete or standard general terms and conditions entail?

In practice, many contracts contain general provisions copied from the internet or from a previous contract without being adapted to the specific situation. The most common risks are the following: A missing integration clause makes the agreement vulnerable to claims based on prior negotiation correspondence; a choice-of-forum clause referring to a court that is, in practice, unfavorable to your position as a party; a severability clause formulated so vaguely that the court dissolves the entire agreement in the event of the invalidity of an essential provision; an applicable law clause designating foreign law without the parties having considered the consequences thereof — particularly regarding limitations of liability and employment law provisions that have a different effect under foreign law; and a missing or overly broad transferability clause that causes unexpected complications during a company acquisition. Our lawyers review the general provisions in your contracts for all these risks and draft improved versions.

How do general provisions relate to the Haviltex criterion?

The Haviltex criterion —the interpretation criterion for contracts formulated by the Supreme Court—stipulates that, when interpreting an agreement, not only the literal text but also the intentions of the parties and the reasonable expectations they could reasonably have of one another are decisive. This means that a contract without a proper integration clause and without clear general provisions is vulnerable to an interpretation that deviates from what you, as a party, intended. The more clearly and completely the general provisions are formulated, the more the text functions as the primary source of interpretation, and the less room there is for a judge to deviate from the text. Moreover, a stricter standard of interpretation applies to complex commercial agreements between professional parties: in such agreements, textual interpretation carries more weight than in consumer contracts. Our lawyers formulate your general provisions in such a way that they will withstand judicial disputes regarding interpretation.

How does it work at MKBjuristen?

After a brief intake, our lawyers map out the nature of your agreement, your position as a party, the counterparty's position, and the specific risks. Based on this, we draft a complete set of general terms and conditions tailored to your situation — including an applicable law clause, a strategically chosen choice of forum, a watertight integration clause, an effective severability clause, a written requirement for amendments, and a transferability clause that protects your position during restructuring and acquisition. Have you received a contract from a counterparty and would you like to have the general terms and conditions reviewed? We will then assess them for hidden risks and imbalances and advise you on the adjustments to be negotiated. We do not treat the general terms and conditions as an afterthought, but as the legal architecture that underpins the rest of your contract.

Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.

Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document

SME Lawyers

Not tailored to your business

Tailored to your company, industry, and working methods

No control over your specific situation

Consultation with a lawyer and assessment of your risks

Possibly outdated or incomplete

Verification of current and practical provisions

No personal explanation

Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.

A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

Using a standard document that does not suit the company
Forgot important agreements regarding payment, delivery, liability, or termination
Have a document generated without legal review
Continuing to use old documents while the company has changed
Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

Contact us

Want to know more about our services?
Then contact our specialists.

T: 085 25000 44

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About Us

Drafting general provisions

Free intake

Draft or check

Final version

Choose Tailored Legal Solutions

Tailored general terms and conditions

Have the general terms and conditions reviewed

Have general terms and conditions amended

Our expertise

Custom solutions for your industry

Our facts

Tailored general terms and conditions

Have the general terms and conditions reviewed

Have general terms and conditions amended

About us

Our expertise

Custom solutions for your industry

Our facts

Reviews (21)

Meet our office

Why MKB Juristen?

First, see how we work

What you can expect from us

Why customization?

What do you get?

The founders of MKB Juristen

Denian Wielhouwer

Annelore Hendriks

Ilja van Driel

Jaime Boogaers

Which choices determine the content?

Which elements belong in general provisions?

How do you use this document correctly?

Common mistakes

What is your situation and what do you pay attention to?

When is this document not enough?

Drafting general terms and conditions, why?

Why not use a standard document?

Custom solutions per industry and company

Webshops & e-commerce

Business services

Construction, installation & execution

Software, SaaS & digital services

Trade, supply & wholesale

Consultants, freelancers & advisors

Common mistakes with legal documents

Why is a standard document often not enough?

Can I create a legal document myself using AI?

When do I need to have my document checked?

Will I also receive an explanation about the use of the document?

Contact us

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