Terms and conditions
1. General Provisions
1.1 These general terms and conditions apply to all offers, agreements, and service deliveries by the Contractor. Deviations from these terms are only binding if and to the extent they have been agreed upon in writing.
1.2 These general terms and conditions apply to all offers, quotations, agreements, services, activities, and deliveries of any nature provided by the Contractor, unless explicitly and in writing excluded in whole or in part, or agreed otherwise.
1.3 If the Contractor allows deviations from these general terms and conditions, whether tacitly or explicitly, for a short or longer period, this does not affect the right to demand immediate and strict compliance at any time. The Client can never derive any rights from the fact that the Contractor applies these conditions leniently. These conditions also apply to all agreements involving third parties engaged by the Contractor.
1.4 If one or more provisions in these general terms and conditions or any other agreement with the Contractor conflict with mandatory legal provisions or applicable laws, the relevant provision shall be deemed void and replaced with a legally permissible provision determined by the Contractor that closely resembles the original in purpose and content.
1.5 The Contractor’s standard working hours are Monday through Friday from 09:00 to 17:00. During these hours, the Contractor is available for questions, support, and services. Outside of these hours or during holiday periods, availability may be limited.
1.6 The Contractor reserves the right to amend these General Terms and Conditions, its services, and pricing at any time. All previous (versions of) terms and conditions are nullified upon the application of these current conditions. It is the Client’s responsibility to regularly check for updates.
2. Offers and Quotations
2.1 All offers and quotations from the Contractor are non-binding and revocable unless explicitly stated otherwise in writing.
2.2 An agreement is established once the Contractor has confirmed in writing the Client’s acceptance of the quotation.
2.3 After the minimum subscription term, the Client may upgrade service packages at any time. Downgrades can only be requested after the minimum term and must be submitted via email to info@boostbricks.nl.
2.4 The Client guarantees the accuracy and completeness of all information, requirements, and specifications provided to the Contractor that the offer is based on.
3. Execution and Formation of the Agreement
3.1 The Contractor will execute the agreement to the best of its knowledge and ability. If necessary for proper performance, the Contractor may engage third parties.
3.2 Any additional agreements or changes will only be binding if confirmed in writing by the Contractor within 14 days, unless the Client submits written objection within 3 working days.
4. Fees and Payment
4.1 All prices are exclusive of VAT and any government-imposed levies unless stated otherwise. Both one-time and recurring fees may be adjusted annually based on the Consumer Price Index (CPI) published by the Dutch Central Bureau of Statistics (CBS). This adjustment can occur once a year at any time.
4.2 If the Client fails to pay on time, causing additional charges by the Contractor’s payment provider, the Contractor will pass these on to the Client, including an administrative fee of €50.
4.3 If the Client defaults on payment, statutory commercial interest may be charged automatically.
5. Delivery Terms
5.1 All delivery periods mentioned by the Contractor are estimated to the best of its knowledge based on available information. Exceeding these deadlines does not entitle the Client to compensation, unless agreed otherwise in writing.
5.2 If the Contractor requires information or instructions from the Client, the delivery time will begin once the required information is fully provided.
5.3 Delivery dates are indicative and not binding deadlines. If a delivery period is exceeded, the Client must give written notice of default and provide a reasonable grace period.
6. Liability
6.1 The Contractor is only liable for direct damages resulting from intentional misconduct or gross negligence. Indirect damages, such as consequential loss, lost profits, or business interruption, are not covered.
6.2 The Contractor is not liable for any consequences of the Client's interpretation or use of its documentation, strategies, software, media, or content.
7. Force Majeure
7.1 The Contractor is not obliged to fulfill any obligations if prevented by circumstances beyond its control, including unforeseen events or third-party failures, illness, or accidents affecting essential personnel or collaborators.
7.2 In such cases, the Client must allow the Contractor a reasonable time to fulfill its obligations. In case of force majeure, the Contractor is not liable for damages. The parties may only terminate the agreement after three (3) months unless a longer period is agreed upon.
8. Intellectual Property and Confidentiality
8.1 All documents provided by the Contractor, including reports, designs, agreements, and software, are intended solely for the Client's use. These may not be reproduced or shared without prior written consent. Both parties must maintain confidentiality of all confidential information obtained.
8.2 The Client may not share software accounts or distribute any content, strategies, or materials provided by the Contractor without written permission.
8.3 Breach of these provisions will result in immediate account suspension and early termination of the collaboration. The Client will be liable for damages and must pay at least €5,000 in compensation, plus legal and related costs.
9. Termination
9.1 The Contractor may terminate the agreement unilaterally without giving reasons. If the Client fails to fulfill any obligations, especially under article 8, the Contractor may suspend its services without being liable for damages. No refunds will be issued, even during the minimum term.
9.2 Any amounts invoiced prior to termination for work already performed remain due and become immediately payable.
9.3 If the Client qualifies as a consumer, they may withdraw from the purchased service within 14 days without providing a reason, as per consumer law. The Contractor must refund the full amount within 14 days of the withdrawal notice.
10. Applicable Law and Disputes
10.1 All agreements between the Contractor and the Client are governed by Dutch law.
10.2 Disputes shall be submitted to the competent court in the district where the Contractor is based.