Service Specific Terms

DRAFT - WILL BE ACTIVE SOON

These Service-Specific Terms form an extension to the general Terms & Conditions of Simptel Services B.V., Chamber of Commerce number 91391199, Stadhuisplein 10, 5611 EM Eindhoven, The Netherlands (hereinafter referred to as the Supplier).

These Service-Specific Terms apply exclusively to the European Identity Broker Console. In the event of conflict, these Service-Specific Terms prevail only with respect to their subject matter. All other provisions of the general Terms & Conditions remain unchanged and fully applicable.

Definitions

European Identity Broker Console A standalone software-as-a-service solution used exclusively for the configuration, management, and monitoring of federated digital identity providers, including use within the Electronic Access Services framework (eTD) for eHerkenning and cross-border electronic identification under eIDAS, where the Supplier acts as a recognition broker (herkenningsmakelaar).

All other definitions are governed by the general Terms & Conditions.

Scope and Role

The Supplier acts as a herkenningsmakelaar and enables this role through the European Identity Broker Console, which functions solely as a technical broker and management console supporting eHerkenning and eIDAS authentication flows.

Applicable Framework

Where the European Identity Broker Console is used within the eTD framework for eHerkenning and/or under the eIDAS Regulation, the applicable governance, certification, and compliance rules of those frameworks apply.

Order of Precedence

In the event of inconsistency between contractual documents, the following order applies:

• Agreement or Order Form

• These Service-Specific Terms

• Service Level Agreement (if applicable)

• General Terms & Conditions

Commencement and Use

Access to the European Identity Broker Console commences on the date specified in the Agreement or, if none is specified, upon receipt of the first payment. The Customer is solely responsible for all configuration, integration, and usage decisions made using the European Identity Broker Console.

Termination

Upon termination of the Agreement, the Customer’s right to access and use the European Identity Broker Console terminates immediately. Obligations that by their nature survive termination remain in effect.

Installation, Integration, and Support

The Customer is solely responsible for installation, configuration, and integration of the European Identity Broker Console within its own IT environment.

Support is provided only during the term of the Agreement. Response times and service levels apply only if explicitly agreed in a Service Level Agreement. Any support provided by the Supplier does not transfer responsibility for Customer-side implementations.

Security

The Supplier applies appropriate technical and organisational security measures in line with industry standards. The Supplier maintains an ISO/IEC 27001–certified information security management system and has completed a SOC 2 Type II audit covering security, availability, and confidentiality controls. The European Identity Broker Console is hosted within the European Economic Area.

The Customer shall promptly notify the Supplier of any security incidents related to the use of the European Identity Broker Console.

Intellectual Property

All intellectual property rights relating to the European Identity Broker Console remain exclusively with the Supplier. The Customer receives a non-exclusive, non-transferable right of use for the duration of the Agreement. No intellectual property rights relating to identity means or third-party identity providers are transferred.

Customisation

The European Identity Broker Console is provided as a standard software-as-a-service offering. Any customisation requires explicit written agreement.

Liability

The Supplier’s total liability arising from or related to the European Identity Broker Console is limited to the fees paid by the Customer for the European Identity Broker Console in the twelve months preceding the event giving rise to the claim.

The Supplier is not liable for decisions or failures of eHerkenning or eIDAS identity providers, the legal validity or assurance levels of identity means, Customer configuration choices, or governance or supervisory decisions under eTD or eIDAS.

These limitations do not apply in cases of intent or gross negligence.

Force Majeure

Neither Party is liable for failure caused by force majeure, including third-party outages or government measures. If force majeure continues for more than ninety days, either Party may terminate the Agreement.

Confidentiality

Each Party shall keep confidential all information designated as confidential or reasonably understood to be confidential. Confidentiality obligations survive termination.

Breach

In the event of misuse of the European Identity Broker Console or infringement of intellectual property rights, the Customer shall notify the Supplier without undue delay and cooperate to prevent further harm.

Governing Law and Disputes

These Service-Specific Terms are governed exclusively by Dutch law. Parties shall attempt to resolve disputes amicably before initiating legal proceedings. Any dispute shall be submitted exclusively to the competent court of ’s-Hertogenbosch (Den Bosch), The Netherlands.