General Terms & Conditions
Behold the mandatory boilerplate legalese that keeps the suits happy. Feel free to shove it in a drawer.
Biarritz Agency
Chamber Of Commerce #: 93598181
Address: Langestraat 29-08, 5038 SC, Tilburg, Netherlands
Email: hey@biarritz.agency
These General Conditions of Sale ("Conditions") apply to all offers, quotations and agreements between Biarritz Agency ("Biarritz") and the client ("Client"), relating to the provision of copywriting services by Biarritz to Client.
1. Scope of Services
1.1 Biarritz will provide copywriting services as specified in the proposal or agreement ("Agreement") between Biarritz and Client.
1.2 The scope of services may be amended by mutual written agreement between Biarritz and Client.
2. Fees and Payment
2.1 The fees for the services will be as specified in the Agreement.
2.2 Unless otherwise agreed, fees exclude VAT and other applicable taxes.
2.3 Payment is due before the payment milestone agreed upon during the Rendezvous. Late payments result in delays of the agreed service.
2.4 Unless otherwise agreed in writing, the client is responsible for all costs incurred by Biarritz in connection with the performance of the services.
3. Term and Termination
3.1 The term of the Agreement will be as specified in the Agreement.
3.2 Either party may terminate the Agreement with immediate effect upon written notice in case of a material breach by the other party that is not cured within 30 days of written notice.
3.3 Biarritz may terminate the Agreement immediately if Client becomes insolvent or goes into bankruptcy.
3.4 In the event of termination, Client will pay Biarritz for all services rendered up to the date of termination, plus any reasonable costs incurred by Biarritz in connection with the termination.
4. Client Obligations
4.1 Client will provide Biarritz with all information and materials necessary for the performance of the services in a timely manner.
4.2 Client will cooperate with Biarritz in all reasonable ways to facilitate the performance of the services.
4.3 Client will obtain all necessary approvals and consents before Biarritz commences any activities on Client's behalf.
5. Confidentiality
5.1 Both parties agree to keep confidential all information obtained from the other party in connection with the Agreement.
5.2 This obligation of confidentiality does not apply to information that is already publicly known, or that is lawfully obtained from a third party without a confidentiality obligation.
6. Intellectual Property
6.1 Intellectual property rights arising from the services provided by Biarritz transfer to Client from the moment payment is received.
6.2 Client grants Biarritz a non-exclusive, royalty-free license to use Client's intellectual property rights to the extent necessary to perform the services.
7. Liability
7.1 Biarritz's liability for any loss or damage suffered by Client in connection with the Agreement will be limited to the amount of fees paid by Client to Biarritz under the Agreement in the preceding twelve months.
7.2 Biarritz will not be liable for any indirect, consequential, incidental or special damages, or for any loss of profits, revenue, business or data.
8. Force Majeure
8.1 Neither party will be liable for any delay or failure to perform its obligations under the Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, illness, terrorism, strikes, governmental action, or natural disasters.
9. Governing Law and Disputes
9.1 The Agreement will be governed by and construed in accordance with the laws of the Netherlands.
9.2 Any dispute arising out of or in connection with the Agreement will be settled by a competent court near Tilburg, Netherlands.
10. Entire Agreement
10.1 These Conditions, together with the Agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Severability
11.1 If any provision of these Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
12. Waiver
12.1 No waiver by either party of any breach of any provision of these Conditions will be deemed a waiver of any subsequent breach.