Terms of service.
GENERAL TERMS AND CONDITIONS
Pylets B.V.
1. These General Terms and Conditions apply to any and all services provided by or on behalf of Pylets B.V. This includes any follow-up services and/or extension of initially requested services.
2. Pylets may engage the assistance of third parties. Such third parties may likewise rely on these General Terms and Conditions. Article 7:404 of the Dutch Civil Code is not applicable.
3. These services are performed exclusively for the benefit of the client. Third parties cannot derive any rights thereof. The client indemnifies Pylets and holds Pylets harmless against any and all third-party claims relating to the services performed by Pylets for the client.
4. Any intellectual property rights to, including but not limited to, the content and design of reports, working methods, advice, privacy impact assessment frameworks, business models, checklists, contracts, and course material, are owned by Pylets B.V. The client shall maintain the confidentiality thereof and is not allowed give any third parties access thereto without written permission. The client acknowledges that Pylets and its employees may use the knowledge gained through the performance of the services for other purposes in the normal course of business.
5. The liability of Pylets is limited to the fees that the client has paid in the last three months for the services in relation to which the damages occurred. Pylets is not liable for indirect damage, consequential damage, damage following from delay, missed profit, penalties and/or governmental rules and regulations and/or damage following from business stagnation. Pylets is furthermore not liable for damage that occurs through the acts or omissions of third parties, including third parties it may have engaged. Article 7:407 of the Dutch Civil Code is not applicable.
6. Damage claims and any and all other claims expire one year from the day the client becomes aware or reasonably ought to have been aware of the existence of these claims. In any event such claims expire two years after the services relating to the claims were provided. The client may not offset any of the claims against outstanding payments.
7. Pylets is authorized to terminate or suspend its activities immediately if the client does not provide requested information, does not fulfill payment obligations or any other obligations towards Pylets or prevents Pylets from carrying out its activities in any other way.
8. Pylets is also authorized to terminate or suspend its activities immediately in the event of a bankruptcy or suspicion of bankruptcy of the client, or any other circumstance upon which Pylets may reasonably suspect that the client is no longer able to fulfill its obligations towards Harvey Legal Consulting.
9. Pylets is not obligated to perform the services nor may be held liable in case of force majeure and vacation. Force majeure includes but is not limited to weather conditions, internet- and/or electricity interruptions, health issues and/or personal family circumstances, death of the individual performing the services, theft, computer hacks, government decreets (such as lockdown measures) and a general lack of goods and services. Vacation means a limited period in which Pylets is closed and/or has limited availability.
10. Pylets charges a fee based on the hours spent multiplied by the applicable hourly rate, unless agreed otherwise in writing. External costs - including but not limited to translation costs, (trademark) registration costs and travel expenses - and value-added tax (VAT) will be charged in addition to the fees. Pylets is entitled to increase its fees during the year. In such event Pylets shall notify the client thereof in writing beforehand.
11. Invoices are sent digitally and have to be paid within 14 days after the date of the invoice. If no objections to the invoice have been received within 14 days of the invoice, the invoice will be deemed to have been accepted. If the invoice is not paid, Pylets is entitled to charge the statutory interest rate plus all reasonable costs for collecting its claim. If the payment is not paid after the first reminder, an additional 15% of the outstanding amount shall be owed by the client.
12. Pylets and the client may use electronic and digital means to communicate with each other. The client agrees that this may include unsecured electronic means such as email and telephone. Pylets is not liable for the use of such unsecured communication. The applicability of article 6:227b lid 1 of the Dutch Civil Code and article 6:227c of the Dutch Civil Code concerning the manner in which e-commerce transactions are concluded and the provision of information are excluded.
13. All advice is given under Dutch law. The client acknowledges that it is the responsibility of the client to check any local law (other than Dutch law) aspects with a local law expert.
14. The legal relationship between the client and Pylets is governed by Dutch law. Any disputes will be exclusively brought before the competent court in Amsterdam or any other court to the discretion of Harvey Legal Consulting.
Pylets B.V. is established in Amsterdam and registered with the Dutch trade register under no. 86891413
Januari 2023