Terms & Conditions

Last Updated: 15 February 2026

These Terms and Conditions ("Terms") govern your access to and use of the EnableNext website ("Website") and services. By accessing or using this Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Website.

1. Acceptance of Terms

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and EnableNext.

2. About EnableNext

EnableNext is a professional information security consultancy providing strategic security leadership, enterprise security architecture, regulatory compliance support, and capability development services.

Company Details:
Business Name: EnableNext
Website: enablenext.nl
Jurisdiction: The Netherlands

3. Website Usage

3.1 Permitted Use

You may use this Website for lawful purposes only, including:

• Learning about our professional services
• Using our free assessment tools (ESA Assessment, NIS2 Checker, ESA Maturity Assessment)
• Contacting us for enquiries or consultations
• Accessing publicly available resources and information

3.2 Prohibited Use

You agree not to:

• Use the Website for any unlawful purpose or in violation of applicable laws
• Attempt to gain unauthorised access to any part of the Website or related systems
• Interfere with or disrupt the Website's operation or servers
• Use automated systems (bots, scrapers) without explicit permission
• Reproduce, duplicate, or redistribute Website content without authorisation
• Submit false, misleading, or fraudulent information through our forms
• Reverse engineer, decompile, or attempt to extract source code from our assessment tools

5. No Client Relationship

Using this Website, submitting a contact form, or using our free assessment tools does NOT create a client-consultant relationship, advisory relationship, or any contractual relationship between you and EnableNext.

No confidentiality obligations, professional duties, or consulting obligations arise from your use of this Website unless and until a separate written engagement agreement is executed.

6. Professional Services Engagement

6.1 Separate Agreements Required

Formal consulting services, security assessments, or professional advisory services require a separate written engagement agreement signed by both parties. Such agreements will define:

• Scope of work and deliverables
• Fees and payment terms
• Confidentiality obligations
• Professional liability and indemnification
• Terms and conditions specific to the engagement

6.2 Website Terms Do Not Apply to Engagements

When you engage EnableNext for professional services under a written agreement, the terms of that agreement supersede these Website Terms for the services provided under that agreement.

7. Intellectual Property Rights

7.1 EnableNext Ownership

All content on this Website, including but not limited to:

• Assessment tools, methodologies, and algorithms
• Text, graphics, logos, images, and design elements
• Software, code, and technical implementations
• Frameworks, templates, and questionnaires

...are the exclusive property of EnableNext and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to:

• Access and use the Website for personal or internal business purposes
• Use our assessment tools for your own organisation's preliminary evaluation
• Print or download content for your personal reference

7.3 Restrictions

You may NOT:

• Copy, reproduce, or redistribute our website content, assessment tools, or questions
• Sell, license, or commercialise our assessment tools or content
• Remove or alter copyright notices or proprietary markings
• Claim ownership of or misrepresent the source of our content

Clarification: These restrictions protect our copyrighted content and code. You may use assessment results in your own documentation and decision-making. You may create your own assessment tools; we simply ask that you don't directly copy our specific content.

8. User Submissions

By submitting information through our contact forms or assessment tools, you:

• Grant us permission to use the submitted information for the stated purposes
• Represent that you have the right to submit such information
• Acknowledge that submissions may be stored as described in our Privacy Policy
• Agree not to submit confidential information unless covered by a separate confidentiality agreement

9. Handling of Submitted Information

9.1 Responsible Handling

We handle all contact form submissions and assessment responses professionally and responsibly. Your submissions are:

• Used only for the stated purposes (responding to enquiries, providing assessment results)
• Stored securely as described in our Privacy Policy
• Not shared with third parties except as described in our Privacy Policy
• Handled with appropriate care and discretion

9.2 Formal Confidentiality Agreements

For discussions involving proprietary business information, strategic plans, or confidential matters, we recommend establishing a formal confidentiality agreement (NDA) before sharing sensitive information.

Contact forms and assessment tools are designed for general enquiries and preliminary evaluations. For confidential discussions, please request an NDA through our contact form first.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Website "As Is"

This Website and all content, tools, and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness of information
• Warranties of uninterrupted or error-free operation
• Warranties regarding security or freedom from viruses or malicious code

10.2 No Professional Advice Warranty

We do NOT warrant that:

• Website content constitutes professional advice suitable for your circumstances
• Assessment tool results are accurate, complete, or applicable to your situation
• Following recommendations will ensure security or compliance
• The Website will meet your specific requirements or expectations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 No Liability for Indirect Damages

EnableNext, its directors, employees, and affiliates shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Security breaches or cyber incidents
• Regulatory fines or compliance failures
• Costs of procurement of substitute services
• Reputational harm

11.2 Cap on Direct Damages

To the extent permitted by law, our total aggregate liability for any claims arising from your use of this Website shall not exceed €100 (one hundred euros).

11.3 Basis of the Bargain

You acknowledge that these limitations of liability are fundamental elements of the basis of the bargain between you and EnableNext. We would not provide this Website and free assessment tools without these limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless EnableNext, its directors, employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Website or assessment tools
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Decisions or actions taken based on Website content or assessment results

13. Third-Party Links and Services

13.1 External Links

This Website may contain links to third-party websites or services (e.g., Microsoft Bookings). We do not control and are not responsible for:

• The content, privacy practices, or terms of third-party websites
• The accuracy or reliability of third-party information
• Any transactions or interactions with third parties

13.2 No Endorsement

Links to third-party sites do not constitute endorsement, approval, or recommendation by EnableNext.

14. Availability and Modifications

14.1 No Guaranteed Availability

We do not guarantee that the Website will be available at all times. The Website may be unavailable due to:

• Scheduled or emergency maintenance
• Technical issues or server problems
• Circumstances beyond our reasonable control

14.2 Right to Modify or Discontinue

We reserve the right to:

• Modify, suspend, or discontinue the Website or any features at any time
• Change assessment tools, methodologies, or questionnaires
• Restrict access to certain features or content

We will make reasonable efforts to notify users of material changes where practicable.

15. Changes to These Terms

We may update these Terms from time to time to reflect:

• Changes to our services or business practices
• Legal, regulatory, or security requirements
• Improvements or clarifications

When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Provide notice on the Website for significant changes

Your continued use of the Website after changes constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of The Netherlands, without regard to conflict of law principles.

16.2 Jurisdiction

Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of The Netherlands.

16.3 EU Consumer Rights

If you are a consumer based in the European Union, you retain the benefit of any mandatory consumer protection provisions under the law of your country of residence.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EnableNext regarding your use of this Website and supersede all prior or contemporaneous communications and proposals.

Exception: If you engage our professional services under a separate written agreement, the terms of that agreement govern those services.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by EnableNext.

20. Language

These Terms are written in English. If translated into other languages, the English version shall prevail in case of any discrepancies.