Terms and conditions as a freelancer: why you want them and how to set them up
Written by Ilias Aarrass7 min read · Published on · Last reviewed on 
In short
Terms and conditions are not mandatory, but they only apply if your client could read them before or when the agreement was concluded; referring to them afterwards on your invoice is too late.
- Send your terms with every quote by default and have your client approve the quote and the terms together.
- Filing with the Chamber of Commerce is not required and not sufficient on its own; it only helps as proof of the content.
- Towards consumers a black and a grey list of prohibited or suspect clauses apply, and you cannot contract around them.
- Limiting liability to the invoice amount or the insured sum is common, but intent and deliberate recklessness can never be excluded.
Most assignments go well, until one goes wrong: a client who does not pay, a dispute about what exactly was agreed, or damage you are suddenly expected to cover. Terms and conditions are your safety net for exactly those moments. This article covers what belongs in them, how to make sure they actually apply and the mistake almost every starter makes.
What belongs in them
Good terms cover at least: your payment term and what happens on late payment, a limitation of liability (for example to the invoice amount or what your insurance pays out), how you handle extra work and changes, what applies on cancellation, and who owns the work until payment. Creative professions should add intellectual property clauses; construction and trades a provision for material and price increases.
How to make them binding
This is where it often goes wrong: terms only apply if the client was able to review them before or when the agreement was concluded. So send them by default with every quote, as an attachment or clear link, and have your client approve quote and terms together. Referring to them only on your invoice is too late: the deal is already done and a court will easily set your terms aside.
Filing them with the Chamber of Commerce is neither required nor sufficient; what matters is that this specific client received them in time. If you serve consumers, note that the law prohibits certain clauses that are allowed between businesses; the same applies to the information duties on your website.
Draft them yourself or have them made?
For straightforward services you get far with a good template from your sector, adapted to your own way of working. If you work with large amounts, liability risk or consumers, tailor-made terms by a lawyer quickly pay for themselves. In any case combine your terms with a clear quote per assignment: the quote covers the what, the terms cover the how. Together they prevent most disputes, and therefore most unpaid invoices.
What they should minimally contain
Good terms need not run twenty pages. These elements catch the risks freelancers hit most often in practice.
- Payment term and consequences of late payment: statutory commercial interest and collection costs. Put them on your invoice too.
- Limitation of liability, for example to the invoice amount or what your insurance pays out.
- What happens on cancellation or early termination, and what may be invoiced by then.
- Ownership and usage rights of what you create, and when they transfer (for example only after full payment).
- Additional work: that extra wishes are extra paid work, and at what rate.
- Force majeure and withdrawal rights for consumers, since they hold statutory rights you cannot write away.
When your terms actually apply
Drafting terms is the easy part. Making them binding is where it goes wrong, and it hinges on one moment: before or when the agreement is made.
| Moment | Binding? | Why |
|---|---|---|
| Sent with the quote | Yes | The client could read them before agreeing |
| Link in the order confirmation | Usually yes | Provided the link works and the text can be saved |
| Only on your website | Shaky | You must be able to show the client was pointed to them |
| On the back of your invoice | No | The agreement had already been made |
| Filed with the Chamber of Commerce | Makes no difference | Filing does not replace the duty to inform |
Frequently asked questions
Are terms and conditions mandatory for a freelancer?
No, but sensible. Without terms, the general rules of law apply, and those do not limit your liability, for instance. One dispute costs more than drawing them up.
How do I make my terms actually apply?
Declare them applicable in your quote or confirmation and send them along before agreement. Preferably have the client sign or accept digitally. Referring to them on the invoice afterwards is too late.
May I exclude my liability entirely?
Not entirely: intent and deliberate recklessness can never be excluded, and stricter rules apply towards consumers. Limiting to the invoice amount or the insured sum is common and defensible.
Can I copy terms from the internet?
Not recommended. Copied terms rarely fit your services and can even be copyright-protected. Use a sector model or have them drawn up once; that is a deductible business expense.
Do my terms also apply to consumers?
Yes, but with limits: the law lists clauses that are prohibited or suspect towards consumers, and statutory rights such as distance-selling withdrawal cannot be excluded.
What if my client uses their own purchasing terms?
Then two sets of terms clash. Rule of thumb: whoever first clearly refers to their terms and expressly rejects the other's, wins. So put that rejection explicitly in your quote when it matters.
Sources
- Drawing up terms and providing them in timeOverheid.nl · ondernemersplein.overheid.nl
- How to draft terms, with the black and grey listsKVK · kvk.nl
Sources checked on
This article provides general information based on the rules known for 2026 and does not replace personal tax advice. For your specific situation, we're happy to take a look with you.
