Terms & conditions
These general terms and conditions of Het PR Bureau B.V., hereinafter referred to as HPB, are available for review at the reception of HPB in Amsterdam, (1018 XA) Weesperplein 4a (5th floor).
These general terms and conditions apply to all services provided by or on behalf of HPB. The applicability of the general terms and conditions of clients and/or contractors is expressly excluded. HPB will, to the best of its ability, provide the client with advice in the area of public relations, earned marketing and reputation. HPB does not guarantee the results of the services.
The general terms and conditions of HPB apply inter alia to:
- The companies which HPB has or has had a management agreement with, including their managers, directors and shareholders:
- All employees, former employees, and others and their heirs who in any way work for, or are associated with, or are employed by HPB and their heirs.
When engaging third parties HPB will consult with the client in advance as much as possible and will in any event exercise the necessary due care when selecting third parties. HPB is not liable for any shortcomings of these third parties.
Unless otherwise agreed in writing, HPB will work on the basis of an hourly rate multiplied by the number of hours worked for the client. In placing an order with HPB, the client accepts that HPB may change its rates. If HPB enters into a so-called pitch and is selected as the winner by the client, HPB shall be entitled to recoup its investment in the pitch in accordance with section 7:405 of the Dutch Civil Code.
HPB invoices monthly, with a payment term of fourteen days. HPB is entitled to request an advance for (further) work. If payment is not made within the specified period, the client is in default by operation of law, without further notice of default being required. The client shall then be liable for default interest in the amount of 1% of the principal sum due per month, whereby part of a month shall be counted as one month. The client shall also owe extrajudicial collection costs amounting to 15% of the principal sum, increased by the default interest.
In the event of non-payment or late payment of invoices, irrespective of whether they relate to the order in progress, HPB is entitled to suspend or terminate the work. This does not affect the client's obligation to pay any outstanding invoices on time. HPB is entitled to set off any advance payment made by the client against any unpaid invoices from the client in the relevant order or in other orders.
HPB shall not be liable for any damage incurred by the client as a result of a breach, wrongful act or otherwise, unless such damage is the direct and exclusive consequence of demonstrable intent, gross negligence or deliberate recklessness on the part of HPB. To the extent that HPB is liable for payment of any damages on the basis of an attributable failure in the provision of services, such damages shall be limited to a maximum of the invoice amount applicable to the services provided by HPB to the client. HPB is not liable for damage due to a failure to meet deadlines, nor for consequential or indirect damage, including loss of profit or missed savings.
HPB reserves all rights to its intellectual property rights, including goodwill in relation to the business of HPB, including but not limited to domain names, copyrights, neighbouring rights, trade names, brands, patents, design rights, marketing materials, presentations, trade secrets, databases, know-how, and all (other) rights to, inter alia, documents, (software) products, works and/or services, intangible assets and all applications, extensions, expansions of the foregoing that already belong to HPB and/or have arisen during the performance of services for the client, unless otherwise agreed in writing. The Client reserves all rights to its intellectual property rights. By providing the Client with its intellectual property rights, the Client declares that its intellectual property rights do not infringe on the rights of third parties and indemnifies HPB in this regard against any claims made by third parties.
The legal relationship between the client and HPB is governed exclusively by Dutch law. Disputes relating to or arising from the legal relationship between the client and HPB will be submitted exclusively to the competent court in Amsterdam.