Terms and conditions
Article 1. DJ Communication & Transformation BV is a Private Limited Company registered under Dutch law, located in 's-Hertogenbosch, and registered with the Chamber of Commerce under number 42026460. Its purpose is to provide advice and perform interim work. The aforementioned advisory services and work are exclusively based on best intent.
These general terms and conditions apply to all legal relationships between (potential) clients and DJ Communication & Transformation BV. They also extend to pre-existing legal relationships with DJ Communication & Transformation BV prior to any potential assignment.
Article 2 . Subject to any contrary agreement, DJ Communication & Transformation BV voluntarily commits to confidentiality regarding all non-publicly accessible information received in the context of an assignment. This commitment lasts for a period of 1 year from the date of receipt unless disclosure by DJ Communication & Transformation BV is reasonably required by law, regulation or order of competent regulatory authority.
Article 3. DJ Communication & Transformation BV renders or may render service to multiple clients simultaneously. The client irrevocably agrees that DJ Communication & Transformation BV may engage and continue to engage third parties, either on its own behalf or on behalf of the client, to deliver products or services under the terms of those third parties. DJ Communication & Transformation BV shall not be liable for errors or deficiencies of such third parties. The provisions of Article 7:404 and 7:407(2) of the Dutch Civil Code are expressly excluded.
Article 4. Without prejudice to any other provisions included in the agreement and/or following applicable law, both the client and DJ Communication & Transformation BV may terminate the assignment at any time by giving written notice. The applicability of Article 6:227b(1) of the Dutch Civil Code, which pertains to the provision of information in e-commerce transactions, and Article 6:227c, which relates to the manner in which e-commerce transactions are concluded, is expressly excluded if the client acts in the exercise of a profession or business. Upon early termination, DJ Communication & Transformation BV is entitled to charge reasonable fees in connection with commitments made and services rendered prior to that moment.
Article 5. All electronic communication, including email, is considered written. The client acknowledges that electronic communication is not secure and can be intercepted, manipulated, infected, delayed, or incorrectly routed, including by viruses and spam filters. DJ Communication & Transformation BV is not liable for the insecurity of electronic communication and is also not liable for the interception, manipulation, infection, delay, or incorrect routing of electronic communication by viruses and spam filters.
Article 6. If DJ Communication & Transformation BV is liable for damage to persons or property, such liability is limited to the amount paid out under DJ Communication & Transformation BV corporate liability insurance policy in that case, plus the applicable deductible. However, DJ Communication & Transformation BV is not liable for compensation of any damage if the client is in default of fulfilling any obligation towards DJ Communication & Transformation BV at the time the aforementioned event occurs.
Article 7. If and insofar as the insurer does not pay out under the above-mentioned insurance for whatever reason, DJ Communication & Transformation BV’s liability is limited to a maximum of the invoice amount for the part of the assignment within which the liability has arisen, with a maximum of EUR 10,000 for all work in total.
Article 8. Every claim for compensation expires after a period of 3 months from the start of the day following that on which the client became aware of both the damage and DJ Communication & Transformation BV as possibly being liable, and in any case, 5 years after the occurrence of the event which could lead to a claim, unless it expires earlier according to applicable law.
Article 9. DJ Communication & Transformation carries out assignments exclusively for the benefit of the client. Third parties cannot derive rights from an assignment, from the content of performed work, and from the manner in which the assignment was executed or not. A client is not allowed to transfer rights from an assignment to third parties without explicit prior written consent from DJ communication & Transformation BV.
Article 10. Except where explicitly agreed otherwise, the ownership of all intellectual property rights developed or used by DJ Communication & Transformation BV in the context of an assignment rests with DJ communication & Transformation BV.
Article 11. DJ Communication & Transformation BV is authorised to annually index its rates with a minimum of 3%.
Article 12. Invoices from DJ Communication & Transformation BV are payable fourteen days after the invoice date and must be settled without any recourse to suspension or set-off. In the event of non-timely payment, the client is obliged to reimburse the costs of collection, including a fixed amount of 15% of the principal sum for administrative and collection costs.
Article 13. All agreements and legal relationships entered into between DJ Communication & Transformation BV and its client are exclusively governed by Dutch law. Disputes shall be submitted to the court in 's-Hertogenbosch.