Terms and conditions
Last updated: 2023
Article 1 - General
1.1 UnBaund.com is an internationally recognized growth expert. UnBaund is a Dutch limited liability company, registered at the chamber of commerce with number: 59359978 (hereinafter called: UnBaund).
1.2 These general terms and conditions (hereinafter called: T&C) are applicable to all offers, contracts and other legal relationships with UnBaund with a counterparty (hereinafter called: Counterparty). In case of inconsistency between a provision of these T&C and any agreement, the provision of the T&C will prevail, unless explicitly stated otherwise in the agreement.
Article 2 - Agreement
2.1 UnBaund will work with Counterparty based on the agreement that is closed in writing, at which point the T&C are applicable. If the Counterparty starts to perform without first having received the relevant confirmation in writing, Counterparty will do so entirely at its own expense and risk.
2.2 UnBaund works based on the information supplied by the Counterparty and relies on the accuracy and completeness of the information supplied by the Counterparty for the performance of her services. Consequences for supplying incorrect or incomplete information are the sole responsibility and risk of the Counterparty. UnBaund is allowed to suspend the activities based on inaccurate, incomplete or untimely given information which is reasonably necessary for the execution of the agreement.
2.3 If any provision of these T&C is or becomes invalid or non-binding, the Parties will remain bound by all other provisions hereof. In that event, the Parties will replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of such provision and these T&C.
Article 3 - Execution and termination
3.1 UnBaund will provide business consultancy and growth advice as described in the agreement to the best of his knowledge and abilities.
3.2 UnBaund works exclusively based on a best effort obligation, unless explicitly stated otherwise in the agreement. UnBaund will give her best effort to executing the agreement but is depending on the efforts of the Counterparty for the results and therefore will never give any guarantee on the outcome of the set objectives.
3.3 Counterparty is not entitled to an early termination of an agreement which has been entered into for a fixed period.
3.4 Contracts for indefinite period of time may be terminated on a three-month notice.
3.5 Notwithstanding UnBaund’s other rights and remedies, Parties have the right to terminate (ontbinden) the Agreement in whole or in part, by giving written notice with immediate effect if any action or proceedings under any bankruptcy or insolvency law are taken against the other Party, either by that Party itself or by a third party.
3.6 UnBaund is allowed to subcontract third parties for the execution of the agreement. UnBaund commits to subcontracting only parties that are at the level of proficiency and care that may be reasonably be expected. UnBaund is not liable for faults in the execution of the agreement by third parties, unless there is willful intent and/or gross negligence on the side of UnBaund.
Article 4 – Prices and invoices
4.1 Prices can either be flat or revenue based and are agreed upon in the agreement and are excluding VAT.
4.2 UnBaund has the right to alter the hourly rate. In case the rate is increased by more than 8% or the rates increase within three months after closing this agreement, the Counterparty has the right to cancel the agreement.
4.3 Payment will be made within thirty (30) days after the invoice date to UnBaund.com’s bank account as listed on the invoice. From day thirty-one (31) the Dutch statutory rate will apply (wettelijke handelsrente). Objections to the invoice must be made within the term of payment and do not suspend the payment obligations.
4.4 UnBaund is allowed to suspend execution of the agreement if the payment is not done in accordance with article 4.3. If UnBaund has reasonable doubt to whether the payment will be done, he is allowed to:
a) ask for an advance on the invoice,
b) suspend execution of the agreement, and/or
c) cancel an assignment.
4.5 No liberating payments may be made to persons employed by UnBaund and/or third parties who are not expressly authorized thereto. Any right to set off (verrekening) by the Counterparty is excluded.
Article 5 – Case study and socials
5.1 UnBaund is allowed to use the execution of the agreement as case study for growth, learning and marketing purposes.
5.2 All participations in online products may be recorded and/or used as product for growth, learning and marketing purposes.
5.3 By signing the agreement and accepting these T&C, Counterparty explicitly agrees that all input given in the execution of the agreement may be processed and/or used to enhance UnBaund’s services and to serve as growth, learning and marketing tools.
5.4 Counterparty agrees to let UnBaund use their name and logo in positive and supporting expressions on social media, unless otherwise agreed upon in writing.
Article 6 – Liability
6.1 Liability of UnBaund is limited to the stipulations in this article.
6.2 In case UnBaund is found liable of any damages of Counterparty, then this liability will always be limited to the amount that UnBaund’s insurer acknowledges and pays out, multiplied with the deductible excess of UnBaund. A series of related occurrences will be regarded as one occurrence.
6.3 In case insurance does not disburse for any reason whatsoever, UnBaund’s liability is limited to the last invoice amount.
6.4 Potential claims for damages must be made within 14 days after existence of the damages. If a claim is not made within this period, the claim expires.
6.5 Parties will take any necessary measures that may reasonably be expected to limit and/or prevent any damages.
Article 7 – Remaining terms
7.1 UnBaund maintains all the rights to intellectual property relating to his company, logo, existing work and work that is construed during an assignment.
7.2 Counterparty is allowed to use the name and logo of UnBaund in positive expressions on social media. In case of doubt, Counterparty will ask permission from UnBaund.
7.3 Counterparty is obliged to maintain confidentiality regarding information that can reasonably be considered confidential.
7.4 Information and consultation may be uniquely designed for the Counterparty and may not be imitated for commercial purposes.
7.5 UnBaund will take into account the GDPR and has a privacy policy that can be consulted.
7.6 UnBaund has the right to change these T&C unilaterally. UnBaund will inform the Counterparty in case of unilateral changes and will give notice at least one month before the changes will be implemented.
Article 8 – Complaints
8.1 In case of complaints about the services rendered by UnBaund, Counterparty is obliged to notify UnBaund in writing within five (5) days after the complaint has occurred. UnBaund will respond to this complaint in writing within fourteen (14) days. Both parties have a responsibility to find a suitable solution.
Article 9 – Applicable law and forum choice
9.1 On all agreements with UnBaund Dutch law is applicable. In case of dispute between the Dutch and English version of these T&C, the Dutch version will be applicable.
9.2 If disputes cannot be amicably settled, the parties irrevocably agree that the Dutch courts in Amsterdam have exclusive jurisdiction to settle any disputes (including any non-contractual disputes) which may arise out of or in connection with this agreement.