Terms & Conditions

General Terms and Conditions The Golden Tigers dated June 27, 2022

These general terms and conditions apply to all services provided by or on behalf of The Golden Tigers (hereinafter referred to as TGT). General terms and conditions of the client are hereby excluded.

TGT will provide the client with advice in the field of marketing to the best of its ability, whereby no guarantee is given as to the result of the assignment.

Every agreement for the performance of work by TGT with the client is entered into for an indefinite period of time, unless the parties jointly agree on a specific duration. With every agreement for an indefinite period, the parties determine in mutual consultation a notice period for the termination of that agreement.

If the client is unable to deliver due to force majeure, the agreement will be dissolved. The client must demonstrate force majeure to the contractor.

When engaging third parties, TGT will consult the relevant client in advance as much as possible and will in any event observe the usual care when engaging third parties. TGT is not liable for the failure of engaged third parties.

Unless otherwise agreed between the parties, TGT works on the basis of an hourly rate multiplied by the number of hours worked for the client. TGT is entitled to adjust its (hourly) rates annually to the indexation. (Hourly) rates are exclusive of VAT.

In addition to the fees referred to in Article 5, TGT may charge office costs, as well as costs of third parties engaged by TGT in the context of the execution of the assignment it has been given, to the client. office costs include (not exhaustively) telephone, fax, postage, photocopying, cutting, travel and accommodation costs.

TGT invoices monthly the fee, office costs and costs of third parties owed for the previous month, unless otherwise agreed with the client. In mutual consultation, a paid advance can be deducted from this. Invoices must be paid within 14 days of the invoice date.

TGT is entitled to request an advance payment from the client on its fee and costs charged on by third parties.

In the event of non-payment or late payment of invoices, regardless of whether they relate to contracts in progress, TGT has the right to suspend or terminate the work. This does not affect the obligation of the client to pay the outstanding and yet to be sent invoices on time. If timely payment is not made, the client is legally in default, without notice of default being required. If the client is in default with the payment of any amount, he will owe TGT default interest on the amount owed from the day on which the default occurred. This default interest is equal to the commercial interest ex art. 6:119a BW. If the client is a natural person, default interest equal to the statutory interest pursuant to art. 6:119 BW. If the client fails to fulfill one or more of its obligations, the costs incurred in obtaining payment out of court will be borne by the client. These extrajudicial collection costs are fixed at 15% of the unpaid amount, with a minimum of € 50.00.

This agreement is automatically dissolved upon application for suspension of payment or bankruptcy of the client.

TGT is not liable for any damage suffered by the client as a result of a shortcoming, tort or otherwise, unless the damage is directly and solely the result of intent, gross negligence or willful recklessness on the part of TGT. Insofar as TGT would be obliged to pay any compensation on the basis of defects in the services provided, this compensation is limited to a maximum of the invoice amount relating to the assignment and/or the service provided, or in any case no more than paid by its insurer is paid out under its liability insurance.

The Client indemnifies TGT against claims from third parties arising from or related to the advice provided by TGT.

The results of the work of TGT become the property of the client. It is determined per contract which intellectual property rights belong to the client. If nothing is provided for, all intellectual property rights that were necessary for the result remain reserved to The Golden Tigers.

Dutch law applies to the legal relationship between the client and TGT. Disputes related to or arising from the legal relationship between the client and TGT will be submitted to the competent court in Amsterdam.