General Terms and Conditions of Bright Spark BV
1. Definitions
1.1. Client: the party that has commissioned Bright Spark BV to perform work or supply goods or services.
1.2. Contractor: Bright Spark BV, the user of these general terms and conditions.
1.3. Agreement: the agreement between the Client and Bright Spark BV.
1.4. Services: all activities performed by or on behalf of Bright Spark BV in connection with the Agreement.
1.5. Quotation: a written specification of services and any associated cost estimate.
2. Applicability
2.1. These General Terms and Conditions apply to all quotations, agreements and services provided by Bright Spark BV.
2.2. Deviations from these terms are only valid if agreed upon in writing.
2.3. Any general terms and conditions of the Client are expressly rejected.
3. Quotations
3.1. All quotations issued by Bright Spark BV are non-binding, unless stated otherwise.
3.2. Quotations are based on information provided by the Client.
3.3. Bright Spark BV is not bound by obvious errors or mistakes in quotations.
4. Formation of the Agreement
4.1. An agreement is concluded once the Client accepts the quotation in writing or verbally.
4.2. Amendments to the agreement are only valid if agreed upon in writing.
5. Performance of Services
5.1. Bright Spark BV shall perform its services to the best of its knowledge and ability.
5.2. Bright Spark BV is entitled to engage third parties in the execution of services.
6. Obligations of the Client
6.1. The Client shall provide all information necessary for proper execution of the Agreement in a timely manner.
6.2. The Client guarantees the accuracy and completeness of the information provided.
7. Fees and Payment
7.1. All prices are exclusive of VAT and other government levies.
7.2. Invoices must be paid within the stated payment term.
7.3. In the event of late payment, the Client shall be in default by operation of law.
8. Liability
8.1. Bright Spark BV shall only be liable for direct damage caused by intent or gross negligence.
8.2. Liability is limited to the amount paid out by the insurer, if applicable.
8.3. Bright Spark BV shall not be liable for indirect or consequential damage.
9. Force Majeure
9.1. In the event of force majeure, Bright Spark BV is entitled to suspend or terminate the Agreement.
9.2. Force majeure includes any circumstance beyond the control of Bright Spark BV.
10. Intellectual Property
10.1. All intellectual property rights relating to work developed by Bright Spark BV remain vested in Bright Spark BV, unless agreed otherwise in writing.
11. Confidentiality
11.1. Parties are obliged to maintain confidentiality regarding confidential information obtained in connection with the Agreement.
12. Governing Law and Disputes
12.1. All agreements are governed by Dutch law.
12.2. Any disputes shall be submitted to the competent court in the Netherlands.
