TERMS & CONDITIONS
ARTICLE 1: GENERAL
FIT Resort BV. deploys marketing activities. FIT Resort BV. is registered in the trade register of the Chamber of Commerce under file number 83588434.
These general terms and conditions apply to all services accepted by FIT Resort BV., any follow-up services, and all other activities.
Parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
If there is a difference between these general terms and conditions and the agreement in which these general terms and conditions have been declared applicable, the agreements in the agreement will take precedence.
ARTICLE 2: OFFERS AND QUOTES
The offers are valid for thirty (30) days at most unless another offer of acceptance is stated in the offer. If the offer is not accepted within that stated period, the offer will expire.
The delivery times in quotations are indicative and do not give the Client any right to dissolution or compensation if they are exceeded unless the parties have expressly agreed otherwise in writing.
FIT Resort BV. may offer bonuses. These bonuses are valid for a limited time and are not automatically renewed after the bonus term has expired.
ARTICLE 3: COMMENCEMENT AND DURATION OF THE AGREEMENT
The agreement is concluded at the moment that the agreement is signed, or the offer is accepted in another way.
The agreement commences when the agreed rate has been paid in full or, in the case of continuous services, the monthly rate has been paid.
If the agreement has been entered into for the provision of a certain service, the agreement will end by operation of law as soon as the service has been performed.
FIT Resort BV. transfers ownership of all third-party accounts created for the Client to the Client after the agreement has ended.
ARTICLE 4: EXECUTION OF THE ASSIGNMENT
FIT Resort BV. has a best-efforts obligation for all its services and gives no guarantees with regard to achieving an intended result.
FIT Resort BV. determines the way in which the services are provided. In doing so, the company will take the wishes of the Client into account as much as possible. This also applies to entering the purchased time.
ARTICLE 5: CHANGES TO ORDER/AGREEMENT
The parties will adjust the agreement on time and in mutual consultation if it appears that for the proper execution of the agreement it is necessary to change, supplement and/or change the term of the assignment.
ARTICLE 6: CLIENT’S OBLIGATION
The Client is obliged to:
a) provide all necessary data and information in a timely manner;
b) provide full and timely cooperation;
c) to follow all explicit instructions given to it;
d) provide access to relevant third-party accounts and its own content management system; etc.
e) share other relevant information and documents.
ARTICLE 7: CONFIDENTIALITY
Unless otherwise agreed in writing, the parties are obliged to keep secret all confidential information that the other party has provided before, during, or after the execution of the service. Information is confidential when this information is designated as confidential or when the recipient knows or should reasonably suspect that the information was intended to be confidential. The Client will in any case treat the content of the offer confidentially.
The Client is personally responsible for omitting personal data or other confidential data that Wealth Lead Generation will not need as much as possible or making them illegible in the documents provided. In addition, the Client is responsible for ensuring that the confidential data is transferred to the company in a secure manner. The company will treat confidential information provided to it confidentially and protect it appropriately.
In the event of a violation of confidentiality obligations, the party committing the violation will owe an immediately due and payable penalty of € 500.00 per day that the violation continues to be owed to the other party.
All obligations to treat the information confidentially expire when the information is available through public sources. In addition, parties may make information available to government agencies if required by law or regulation or if a competent order requires it. The relevant party will in that case inform the other party about this as quickly as possible.
The obligations under this article will continue to exist as long as the disclosing party can reasonably claim the confidential nature of the information, regardless of whether the agreement has been terminated and the reason for it.
The company may use the Client’s name and logo for advertising and reference purposes, to indicate the type of work it has performed for the Client, and to state all those details that have already been made public through the media.
ARTICLE 8: LIABILITY
Any liability of the company is limited to the amount that is paid out under the liability insurance in the relevant case. If for whatever reason no payment is made by the insurer, then any liability is limited to the amount charged in the relevant assignment. The right to compensation expires, in any case, one year after the event from which the damage arises directly or indirectly and for which the company is liable.
The Client indemnifies the client and its assistants against claims from third parties who claim to have suffered damage due to or in connection with work performed by the company on behalf of the Client and against the costs of the company in connection with the defense of such claims.
The company cannot be held accountable for not achieving the agreed increase in turnover if the turnover falls behind due to acts or omissions on the part of the Client. This means that the Client remains responsible for maintaining a stable or growing turnover outside the activities of the company.
ARTICLE 9: THIRD PARTIES
The company can engage third parties to perform work. This will be discussed where necessary. The company will carefully select the third party. The company is not liable for the acts or omissions of these third parties. The Client authorizes the company to accept any liability limitations stipulated by third parties on its behalf.
All costs of third parties that relate to the relevant service will be charged by the company. These costs will be justified by submitting invoices.
ARTICLE 10: FORCE MAJEURE
In the event of force majeure, which in any case includes disruptions or failures of the internet, the telecommunications infrastructure, power failures, internal disturbances, mobilization, war, blockage in transport, strike, fire, flood, import and export obstacles, as a result of which the execution of the order cannot reasonably be expected from the company, the execution of the order will be suspended, or the agreement will be terminated if the force majeure situation has lasted longer than ninety (90) days, all without any mutual obligation to pay compensation.
ARTICLE 11: PAYMENT AND COLLECTION
All amounts, both on the website, the quotation, and otherwise, are exclusive of VAT unless stated otherwise.
All services will commence after the pre-payment in part or in full.
Unless a different payment term has been agreed upon, the company applies a payment term of 14 days after the invoice date. If payment is not made within this term, the Client is in default and the Client is liable for payment of the statutory interest. In addition, the Client is liable for all costs incurred by the company in connection with the collection.
The company can suspend the service if payment is not made (on time). Costs for third parties and the use of all tools are charged one-on-one to the Client.
The company’s fee does not depend on the outcome of the assignment. All (extra)judicial costs related to the collection of claims – with a minimum of 15% of the amount to be collected – will be borne by the Client.
ARTICLE 12: COMPLAINTS
Complaints about an invoice must be submitted in writing and within 14 days of the invoice date, on penalty of forfeiture.
Complaints about the work performed regarding the service must be submitted in writing and within thirty (30) days after discovery of the defect or at the latest thirty (30) days after the termination of the relevant agreement, under penalty of forfeiture.
A complaint does not suspend the Client’s payment obligation. If the performance of the agreed services is no longer possible or useful, the contractor will only be liable within the limits of article 8. This is at the discretion of the company.
ARTICLE 13: INTELLECTUAL PROPERTY
The company transfers all intellectual property rights to works made for the Client to the Client.
ARTICLE 14: SUSPENSION
The company is authorized to suspend the fulfillment of all its obligations, including the performance of work and the delivery of documents or other matters to the Client or third parties until all due and payable claims against the Client have been paid in full. The company is not liable for any damage resulting from such a suspension, of whatever nature, for the Client or third parties.
The provisions of the first paragraph do not apply to goods or documents of the Client that have not yet been processed by the company.
ARTICLE 15: TERMINATION AND DISSOLUTION
In the event of liquidation, bankruptcy, dissolution, actual business termination, or suspension of payment of the Client, the parties may terminate the agreement with immediate effect without stating reasons, all this is subject to rights.
The company has the right to terminate the agreement with immediate effect and without judicial intervention if the Client fails to comply with the obligations laid down in the agreement and these general terms and conditions.
If one of the Parties wishes to terminate the agreement, it must do so in writing no later than one (1) month before the end date.
If the agreement ends before the assignment has been completed, the provisions of article 11.5 apply.
If the company terminates the agreement on the basis of the reasons mentioned in the first and/or second paragraph, the company is not obliged to pay any compensation to the Client.
If the agreement is terminated prematurely, the company will refund the unused advertising credits to the Client.
ARTICLE 16: NON-SOLICITATION
The parties to this Agreement agree that no effort shall be made to solicit employees from the other party, directly or indirectly, and that no compensation of any kind may be offered or provided to any person currently compensated by the other party without prior written consent by the prior compensation provider, for the term of this agreement as described below.
ARTICLE 17: AMENDMENT OF THESE TERMS AND CONDITIONS
The company reserves the right to change or supplement these terms and conditions.
Changes also apply to previously concluded agreements with due observance of a term of thirty (30) days after notification to the Client.
If a provision from the agreement and/or the general terms and conditions proves to be void or voidable, this does not affect the validity of the entire agreement and/or general terms and conditions. In such a situation, the company and the Client will adopt (a) new provision(s) as a replacement, which will give shape to the intention of the original agreement and/or general terms and conditions as much as possible.
ARTICLE 18: APPLICABLE LAW AND COMPETENT COURT
These general terms and conditions and the agreement between the Client and the company are subject to Dutch law.
All disputes will first be resolved between the parties themselves. If the parties cannot resolve the dispute by themselves, the parties will try to resolve the dispute through mediation. The mediator is chosen in joint consultation. If this does not have the desired effect, the dispute will be settled by the court in the company’s place of business.