Terms and Conditions
Article 1 Parties
- Bied Boek B.V.: Bied Boek B.V., registered with the Chamber of Commerce under number 88106519, located at Schimmelstraat 36H (1053 TH), Amsterdam, user of these general terms and conditions.
- Further details of Bied Boek B.V.
Website: www.bidbooq.com
Email: hello@bidbooq.com
Telefoonnummer: 085 – 077 8081
Btw-identificatienummer: NL864505152B013.
- The Client: the (potential) buyer of the services offered by Bied Boek B.V.
Article 2 Applicability
- Bied Boek B.V. declares these terms and conditions applicable to every offer and any agreement between the parties, including any resulting agreements, unless otherwise amended or agreed upon.
- Deviations are only valid if explicitly agreed upon in writing by the parties.
- The Client's general (purchase) terms are explicitly excluded.
- Third parties engaged by Bied Boek B.V. may also invoke these terms.
- If one or more provisions are nullified or void, the remaining provisions shall remain in effect. The parties will agree on a replacement that reflects the original intention as closely as possible.
Article 3 Offer, Account, and Agreement
- All offers are non-binding, revocable, and valid for 14 days unless stated otherwise.
- Prices are in Euros, excluding VAT and other levies unless specified.
- Specifications in illustrations or models are indicative. Minor deviations do not constitute breach of contract.
- Obvious errors or mistakes in offers are not binding.
- An offer does not automatically apply to future orders.
- The agreement is concluded when both parties sign a written offer, or Bied Boek B.V. confirms acceptance, or upon order confirmation via the website, or when execution begins.
- Bied Boek B.V. is not a party to agreements between The Client and third parties.
- If multiple Clients issue an assignment, they are jointly liable. If Bied Boek B.V. accepts with multiple people, each is responsible for their part.
- Sharing login credentials is prohibited. The Client is responsible for all actions via their account, authorized or not, and must report unauthorized use promptly.
Article 4 Execution / Delivery
- Bied Boek B.V. will execute the agreement to the best of its ability. Artistic and technical freedom is allowed unless otherwise agreed in the main agreement.
- Deadlines are indicative. The Client must first issue a formal notice with a reasonable period of at least 30 days before taking action.
- Bied Boek B.V. may use third parties to fulfill the agreement.
- Bied Boek B.V. may deliver in phases.
- Changes in scope or approach by the Client may impact the timeline and result in additional charges.
- Client ensures provided digital materials are safe and do not infringe third-party rights.
- Client may not resell or share services without written consent. The Client indemnifies Bied Boek B.V. against related third-party claims.
- Bied Boek B.V. may temporarily suspend services for maintenance without liability.
- Bied Boek B.V. strives for high service quality but offers no guarantees and is not liable for downtime.
- Client agrees that external changes may affect service performance post-delivery. No liability applies.
- Bied Boek B.V. may implement protective measures that limit use. Client may not bypass them.
- Regular updates may alter features. These do not require prior consent and are covered by the same terms.
- Unless agreed, Bied Boek B.V. is not responsible for backups. All data may be deleted after termination unless required by law.
- Client is responsible for security unless otherwise agreed.
- Client is responsible for managing and configuring the services unless otherwise agreed.
Article 5 Prices, Payment and Suspension
- Prices are agreed as fair and reasonable.
- A composite price does not entitle the Client to partial performance at a proportionate price.
- Unless agreed otherwise, payment is due in full before delivery.
- If invoiced, payment is due within 14 days of receipt via bank transfer.
- Late payments incur 1% interest per month and 15% collection fees with a €125 minimum.
- Set-off, suspension, or withholding are not allowed without written consent.
- Bied Boek B.V. may suspend services for non-compliance with payment terms.
- For recurring contracts, prices may be adjusted annually by up to 3%. Larger increases require one month’s notice and may entitle the Client to cancel.
Article 6 Duration and Termination
- The Client may not terminate the agreement prematurely unless otherwise agreed.
- Fixed-term contracts end after their term and renew automatically unless terminated in writing with 3 months’ notice.
- Bied Boek B.V. may terminate immediately if the Client ceases operations, faces insolvency, or transfers business without consent.
- Termination makes all outstanding payments immediately due. Bied Boek B.V. may claim full contract value if terminated early.
Article 7 Warranty and Liability
- Client must inspect deliveries within 24 hours and report defects within 5 days.
- Bied Boek B.V. will repair or replace defects reasonably. If not resolved, partial cancellation may be possible.
- Subsequent service phases may be postponed until the prior phase is approved in writing.
- If the defect is the Client’s fault or reported late, no remedy applies.
- Defects do not suspend payment obligations.
- Client must use services properly. Failure to do so voids liability. Instructions must be followed carefully.
- Bied Boek B.V. liability is limited to its insurance payout or 115% of the relevant project fee.
- No liability for indirect, incidental, or consequential damages unless due to willful misconduct.
- Client indemnifies Bied Boek B.V. against third-party claims resulting from incorrect or delayed information.
- Damage claims must be made within 12 months.
- No liability for virus-infected content.
- No liability for third-party attacks like hacks or fraud.
- Bied Boek B.V.’s services are a tool. The Client must verify correctness before relying on them.
Article 8 Privacy and Intellectual Property
- Client agrees Bied Boek B.V. processes personal data as needed and ensures legal compliance (e.g., GDPR). Client holds responsibility and indemnifies Bied Boek B.V. for related third-party claims.
- Client bears all obligations toward data subjects under GDPR. Bied Boek B.V. will cooperate as reasonably possible at Client's expense.
- Bied Boek B.V. may reuse knowledge, software, and IP gained, as long as confidential information remains protected.
- Bied Boek B.V. retains copyright and IP rights. The Client receives a non-exclusive, non-transferable, non-sublicensable license for use.
- Ownership remains with Bied Boek B.V. unless otherwise agreed or paid licenses are explicitly purchased.
Article 9 Force Majeure
- Force majeure includes external causes beyond Bied Boek B.V.'s control such as DDoS attacks, war, strikes, internet failures, fire, transport issues, or government action.
- During force majeure, obligations are suspended. If it lasts more than two months or becomes unreasonable, Bied Boek B.V. may cancel the contract without liability.
- Partially completed obligations may be invoiced or credited separately.
Article 10 Changes to the Terms
For fixed-term contracts, Bied Boek B.V. may update these terms. Changes apply after 30 days’ notice. Minor changes may be made at any time. Objections must be submitted before the effective date.
Article 11 Jurisdiction, Governing Law, and Assignment
- Bied Boek B.V. may assign its rights and obligations. The Client may only do so with written permission.
- Dutch law applies exclusively, excluding the Vienna Sales Convention.
- Any disputes will be submitted to the court in the district of Bied Boek B.V.’s registered office.