General Terms and Conditions — The Tafel
Version 1.0 — effective from 1 June 2026
DRAFT — requires Dutch corporate-legal review before public launch.
These General Terms and Conditions apply to all use of the software platform of Ontwikkeling Tech Services, registered with the Dutch Chamber of Commerce (KVK) under number 42027611, operating under the registered trade name "The Tafel" (hereafter: "The Tafel"), by a restaurant or hospitality business (hereafter: "Restaurant").
1. Definitions
- Services: The Tafel's software platform for reservations, takeaway, QR ordering, and any additional modules described in the Order Form.
- Agreement: the Order Form signed by the Restaurant and The Tafel, together with these General Terms and Conditions and the Data Processing Agreement.
- BTW: Dutch value added tax.
2. Applicability
2.1 These General Terms and Conditions apply to every Agreement between The Tafel and the Restaurant.
2.2 The applicability of any general terms and conditions of the Restaurant is expressly excluded, even if the Restaurant declares its own terms applicable in a later document.
2.3 In the event of conflict between these Terms and the Agreement, the Agreement prevails.
3. Restaurant's obligations
3.1 The Restaurant provides and keeps current: accurate KVK and BTW details, registered address, opening hours, menu, and pricing.
3.2 The Restaurant ensures that diner-facing content — including menus, allergen labels, photos, descriptions, and prices — complies with applicable Dutch law, including Regulation (EU) 1169/2011 and applicable consumer protection rules.
3.3 The Restaurant maintains a valid SEPA Direct Debit mandate throughout the subscription and ensures sufficient funds.
3.4 The Restaurant uses the Services only for lawful purposes and will not attempt to reverse-engineer, decompile, copy, resell, or sublicense the Services or any part of them.
3.5 The Restaurant keeps account credentials secure and notifies The Tafel promptly of any unauthorised access.
4. The Tafel's obligations and service levels
4.1 The Tafel provides the Services with reasonable skill and care and in accordance with the standards of a competent professional service provider in the Netherlands.
4.2 The Tafel targets a monthly availability of 99.5%, measured monthly, excluding scheduled maintenance announced at least 48 hours in advance, and excluding force majeure under clause 9. This target is a best-efforts commitment and does not entitle the Restaurant to service credits.
4.3 The Tafel provides support by email at hallo@thetafel.nl on Dutch business days.
5. Fees, payment, and late payment
5.1 The Restaurant pays the fees set out in the Agreement. All amounts are exclusive of BTW; The Tafel charges 21% BTW and issues a BTW-compliant invoice for every charge.
5.2 Fees are collected in advance by SEPA Direct Debit through Mollie B.V.
5.3 On a failed charge, The Tafel retries within 7 days. If payment remains overdue, statutory commercial interest under Article 6:119a of the Dutch Civil Code applies from the original due date, together with reasonable extrajudicial collection costs under the Decree on Compensation for Extrajudicial Collection Costs.
5.4 After 14 calendar days of non-payment and following written notice, The Tafel may suspend the Services until payment is received.
6. Price changes
6.1 The Tafel may adjust the subscription fee at most once per 12-month period, with at least 60 days' prior written notice.
6.2 If the Restaurant does not accept the new pricing, the Restaurant may terminate by giving notice within 30 days of the announcement; termination takes effect on the date the new pricing would otherwise apply.
6.3 Corrections of demonstrable errors and adjustments mandated by BTW rate changes or other statutory levies may take effect with shorter notice and do not trigger a termination right.
7. Termination
7.1 During the trial, either Party may terminate the Agreement with immediate effect.
7.2 After the trial, a 30-day notice period applies.
7.3 Either Party may terminate with immediate effect if the other Party: materially breaches the Agreement and fails to cure within 14 days of written notice, is declared bankrupt, files for suspension of payments, or ceases business operations.
7.4 Upon termination, the Restaurant's access to the Services ends. Treatment of personal data after termination is governed by the Data Processing Agreement.
8. Liability
8.1 The Tafel's total aggregate liability under or in connection with the Agreement is limited per calendar year to the total fees actually paid by the Restaurant to The Tafel in the 12 months preceding the event giving rise to the claim, or €4,000, whichever is higher.
8.2 The Tafel is not liable for indirect, consequential, or incidental damages, including loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, loss of reputation, or third-party claims.
8.3 The limitations in clauses 8.1 and 8.2 do not apply to damage caused by intent (opzet) or wilful recklessness (bewuste roekeloosheid) of The Tafel or its management, nor to any liability that cannot be excluded under mandatory Dutch law.
8.4 The Restaurant remains solely responsible for the accuracy, lawfulness, and quality of all content it publishes through the Services.
9. Force majeure
9.1 Neither Party is liable for any failure or delay in performing its obligations (other than payment obligations) to the extent caused by circumstances beyond reasonable control, including outages of upstream service providers (Mollie B.V., Supabase Inc., Resend Inc., Vercel Inc., Upstash Inc., Meta Platforms Ireland Limited), internet infrastructure failures, cyber-attacks, pandemics, natural disasters, war, or acts of government.
9.2 If a force majeure event continues for more than 30 consecutive days, either Party may terminate without further liability.
10. Confidentiality
10.1 Each Party will keep the other Party's confidential information confidential and use it only for performing the Agreement.
10.2 This obligation survives termination for 5 years.
11. Intellectual property
11.1 The Tafel retains all intellectual property rights in the Services, the platform, the software, the design, and all documentation. The Restaurant receives a non-exclusive, non-transferable right to use the Services during the term.
11.2 The Restaurant retains ownership of its own content (menus, photos, descriptions, personal data it controls) and grants The Tafel a worldwide, royalty-free, non-exclusive licence to host, process, and display that content as necessary to provide the Services.
11.3 Aggregated and anonymised data derived from use of the Services may be used by The Tafel for analytics, security, fraud prevention, and product improvement.
12. Modifications
12.1 The Tafel may modify these Terms with at least 30 days' advance written notice to the Restaurant's registered email address.
12.2 If the modification is materially detrimental to the Restaurant, the Restaurant may terminate within 30 days of the announcement.
12.3 Changes required by law, security, or to correct errors may take effect with shorter notice.
13. Assignment
13.1 The Restaurant may not assign the Agreement without The Tafel's prior written consent.
13.2 The Tafel may assign the Agreement to an affiliate or successor entity (including any future legal entity established to operate The Tafel) with 30 days' written notice.
14. Notices
14.1 All formal notices under the Agreement must be in writing and sent to the registered email address of the other Party. The Tafel's notice address is hallo@thetafel.nl.
14.2 Notices are deemed delivered on the next Dutch business day after sending.
15. Severability and entire agreement
15.1 If any provision is held invalid or unenforceable, the remaining provisions remain in force, and the Parties will replace the invalid provision with a valid one that approximates the original intent.
15.2 The Agreement, these Terms, and the Data Processing Agreement constitute the entire agreement between the Parties with respect to the Services and supersede all prior understandings.
16. Governing law and jurisdiction
16.1 These Terms are governed exclusively by the law of the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
16.2 Any dispute is submitted to the exclusive jurisdiction of the competent court in the district of The Tafel's registered seat.