General Terms and Conditions
1. Definitions
In these general terms and conditions, the following terms shall have the following meanings:
- Service Provider: 36 Growth Marketing, registered in Waddinxveen, The Netherlands, under Chamber of Commerce no. 94160317.
- Client: the party entering into an agreement with the Service Provider.
- Agreement: the written or verbal agreement between the Client and the Service Provider concerning the provision of services.
- Services: all work performed by the Service Provider, including (but not limited to) marketing consulting, mentorship, and interim CMO services.
2. Applicability
These general terms and conditions apply to all quotations, assignments, agreements, and services provided by the Service Provider. Deviations are only valid if expressly agreed in writing.
3. Formation of the Agreement
An agreement is deemed to be formed when the Client gives written or digital confirmation of a quotation, or when the Service Provider begins actual performance of the services.
4. Performance of Services
The Service Provider will perform the services to the best of their knowledge, abilities, and in accordance with professional standards. No guarantee of results is given unless explicitly agreed in writing.
5. Client Obligations
The Client shall ensure that all necessary information and access are provided in a timely manner to allow for proper execution of the assignment.
If such information is not provided on time, the Service Provider reserves the right to suspend performance and/or charge additional costs.
6. Fees and Payment
- Unless otherwise agreed, the Service Provider will apply a fixed fee per project or on a monthly basis.
- Invoices must be paid within 15 calendar days of the invoice date.
- If the payment term is exceeded, the Client shall be in default without further notice and a 5% monthly interest will be applied to the outstanding amount.
- All legal and extrajudicial collection costs shall be borne by the Client.
7. Cancellation and Termination
- Both parties may terminate the agreement with a 30-day written notice.
- If the Client terminates the agreement prematurely without justified cause, a cancellation fee of 20% of the remaining contract value will apply.
- The Service Provider may immediately terminate the agreement in case of non-payment, repeated failure to meet obligations, or breaches of confidentiality.
8. Confidentiality
Both parties agree to keep all confidential information exchanged during the collaboration strictly confidential. Information shall be deemed confidential if explicitly designated as such, or if its confidential nature is reasonably apparent.
9. Intellectual Property
All intellectual property rights to materials, methods, templates, models, and advice provided remain with the Service Provider unless otherwise agreed in writing.
The Client is granted a limited, non-exclusive right to use the materials solely for internal purposes and may not reproduce or distribute them without prior written consent.
10. Liability
- The Service Provider’s liability is limited to the amount paid for the relevant service.
- The Service Provider is not liable for indirect or consequential damages, lost profits, or delays.
- The Client remains solely responsible for all business decisions made based on the Service Provider’s advice.
11. Force Majeure
The Service Provider shall not be liable for failure to perform obligations due to force majeure (e.g., illness, government restrictions, natural disasters). During such events, obligations may be suspended. Undelivered services will not be invoiced.
12. Governing Law and Jurisdiction
All legal relationships between the Client and the Service Provider are governed by Dutch law. Any disputes shall be submitted to the competent court in Rotterdam, unless mandatory law dictates otherwise.