1. Definitions

1.1. Supplier: QDK Media, located at Oude Woudenbergseweg 1, Doorn, registered with the Chamber of Commerce under number 86013025.

1.2. Customer: the natural or legal person who enters into an agreement with the Supplier for the purchase of services.

1.3. Services means all services offered by the Supplier, including, but not limited to, online marketing, advertising and copywriting.

1.4. Agreement: the agreement between the Supplier and the Customer for the provision of Services.

  1. Applicability

2.1. These general terms and conditions apply to all offers, quotations, agreements and services of the Supplier.

2.2. Deviations from these general terms and conditions are valid only if expressly agreed in writing.

  1. Quotes and offers

3.1. All quotations and offers of the Supplier are without obligation, unless expressly stated otherwise.

3.2. The Customer is responsible for the accuracy and completeness of the information provided by it or on its behalf on which the Supplier bases the quotation.

  1. Execution of the agreement

4.1. The Supplier shall perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

4.2. The Supplier shall not be liable for losses caused by relying on incorrect or incomplete data provided by the Customer.

  1. Payment

5.1. Payment shall be made within 14 days of the invoice date, in the manner and currency specified by the Supplier.

5.2. In the event of late payment, the Customer shall be in default by operation of law and shall owe statutory interest.

5.3. All costs incurred by the Supplier in collecting the claim shall be borne by the Customer.

  1. Liability

6.1. The Supplier's liability for direct damages shall in all cases be limited to the amount paid by the Supplier's liability insurance in the case in question, plus the Supplier's deductible.

6.2. The Supplier shall not be liable for indirect damages, consequential damages, lost profits, lost savings, reduced goodwill, damages due to business interruption and damages resulting from third party claims against the Customer.

6.3. The Customer shall indemnify the Supplier against all claims of third parties, related to the performance of the Agreement.

6.4. The limitations of liability in this article do not apply if the damage was caused by intent or gross negligence of the Supplier.

  1. Intellectual property

7.1. All intellectual property rights arising from the performance of the Agreement, including but not limited to copyrights, belong to the Supplier.

7.2. The Customer is granted a non-exclusive, non-transferable and non-sublicensable right to use the results of the Services provided by the Supplier for the purposes set forth in the Agreement.

  1. Termination of the agreement

8.1. Either party may terminate the Agreement at any time by giving 30 days written notice.

8.2. If the Customer prematurely terminates the Agreement, he is obliged to pay the agreed fee for the Services provided up to that point.

  1. Force majeure

9.1. The Supplier is not obliged to fulfill any obligation if he is prevented from doing so due to force majeure. Force majeure shall include, in any case, illness, disability, strike, fire, business failure, energy failure, non-delivery or late delivery by suppliers, transportation difficulties and government measures.

9.2. If the force majeure continues for more than 60 days, both parties have the right to terminate the Agreement in writing.

  1. Applicable law and disputes

10.1. These general terms and conditions and the Agreement are governed by Dutch law. 10.2. All disputes arising from or relating to these general terms and conditions and the Agreement shall be submitted to the competent court in the district where the Supplier is located.

  1. Changes to the general terms and conditions

11.1. The Supplier reserves the right to modify these terms and conditions at any time. Changes shall be communicated to the Customer in writing and shall take effect 30 days after notification, unless otherwise expressly stated.

11.2. If the Customer does not accept the amended general terms and conditions, it has the right to terminate the Agreement as of the date on which the amended general terms and conditions take effect.

  1. Secrecy

12.1. Both parties are obliged to maintain the confidentiality of all confidential information obtained from each other or from other sources in the context of the Agreement. Information is considered confidential if it is communicated by the other party or if it arises from the nature of the information.

12.2. The confidentiality obligation shall remain in effect even after termination of the Agreement.

  1. Personal data

13.1. To the extent that the Supplier processes personal data in the performance of the Agreement, the parties shall enter into a processor agreement that complies with the requirements of the General Data Protection Regulation (AVG).

  1. Independent contractors

14.1. The relationship between the Supplier and the Customer is that of independent contractors. There is no employment relationship, partnership, joint venture or other form of cooperation between the parties.

  1. Other provisions

15.1. If any provision in these general terms and conditions or the Agreement is found to be void or nullified, the remaining provisions shall remain in full force and effect. The parties will in that case consult to agree on a new provision to replace the void or voided provision, taking into account as much as possible the purpose and intent of the original provision.

15.2. The Supplier is entitled to transfer its rights and obligations under the Agreement to a third party with prior written notice to the Customer. In this case, the Customer has the right to terminate the Agreement.