Terms and conditions

Article 1 Conditions – General These general terms and conditions, together with the specific/variable conditions, constitute the agreement between Neutral BV under the brand name Growthcast and the customer. This agreement is concluded when the customer accepts the assignment in writing by letter or email. The customer expressly acknowledges having been informed of these general terms and conditions before the conclusion of the contract and having accepted them.

Article 2 Proposals – Quotations Neutral BV is willing to make non-binding proposals for each new project, both regarding the approach, strategy, and cost. However, the non-binding commitment of Neutral BV is limited to a maximum of 3 working hours. If Neutral BV has to spend more time on such proposals, a fee of €50 per hour will be charged. This pre-contractual fee expires if the assignment is definitively carried out. In the other case, the commitment of the customer is limited to this fee provided that the suggested ideas and/or strategies are not used in any way. If this happens, Neutral BV is entitled to compensation equal to the proposed cost in the quotation. During the execution of the project, Neutral BV is limited to making 2 design and/or concept proposals. Further proposals will be charged at the standard hourly rate of €60.

Article 3 Property Rights All products/services delivered by Neutral BV in the context of the assignment – whether in the form of intellectual proposals in reports or correspondence, or in the form of creative designs, concepts, and software – remain the property of Neutral BV and are protected by copyright. The customer only acquires an exclusive and specific right to use that for which the delivered services/products were initially intended upon payment. When purchasing exclusivity, one only obtains the right to use the delivered products/services within the medium for which they were initially designed, a right of use and not a right of sale, and access to the source files. Neutral BV reserves the right to use ideas, designs, concepts, software, etc. developed during the assignment for other purposes than the assignment, insofar as no confidential information from the customer is released.

Article 4 Payment The customer shall pay the invoices within 15 (fifteen) days of the invoice date, unless explicitly agreed otherwise. In order to be valid, remarks regarding the content of the invoices or the amount included therein must be notified in writing within 7 days of receipt. In case of late payment, interest shall be due from the due date. This interest is set at 7% above Euribor for 6 months, without prejudice to other rights. In addition, a lump-sum compensation of 10% of the amounts not paid after 30 days shall be due to Neutral BV, with a minimum of €75 per outstanding invoice. Partial payments shall be used first to offset interest, compensation, and costs before being deducted from the invoice balances.

Article 5 Early Termination In case of a major breach in the execution of this agreement, malicious intent, insolvency, or manifest impossibility to execute this agreement by one of the parties, the other party may terminate this agreement immediately by registered letter. In case of early termination, Neutral BV has the right to suspend or cancel the execution of all current orders at the expense and for the account of the customer. In case of cancellation of the assignment by the customer, a lump-sum compensation equal to 25% of the value of the cancelled amount shall also be due automatically. In addition, all outstanding claims can be collected immediately. Neutral BV reserves the right to prove its actual damage at all times.

Article 6 Changes Neutral BV reserves the right to make changes to the agreed terms and conditions for the purchase of media or titles, based on the requirements set by the media and in accordance with their specific terms and conditions (including rate increases and cancellations). Cancellation of the order by the customer implies that the customer bears all possible consequences for this.

Article 7 Information The customer will provide all necessary information, data, and materials that are required for the execution of the order to Neutral BV in a standard format, free of charge and in a timely manner. The customer is responsible for obtaining the necessary copyrights, licenses, or other required permissions for the provided information, data, and materials.

Article 8 Confidentiality of information Neutral BV will keep confidential any business, commercial, financial, and technical information communicated to it by the customer during the execution of the order and will not disclose this information to third parties without the prior written consent of the customer. This confidentiality obligation does not apply to information that Neutral BV already possesses at the time of disclosure, information that is already publicly available or that is made public by the customer, or information lawfully obtained by a third party with the right to disclose such information. The confidentiality obligation begins upon the signing of the order and ends twenty-four (24) months after the termination of this agreement.

Article 9 Limitation of liability The liability of the parties will be limited to cases of intentional or gross negligence. The parties cannot be held liable in any case for consequential damages suffered by the other party, such as loss of income or profits, loss of revenue, loss of goodwill, loss of data, etc. Neutral BV’s liability for direct damages resulting from gross negligence will never be greater than 50% of the value of the criticized product/service. Neutral BV cannot be held liable for a complaint submitted later than two months after the date of delivery of the product/service to which the complaint relates.

Article 10 Indemnification With respect to third parties, the customer assumes all responsibility for the orders placed and materials provided by them. Upon first request, the customer will indemnify Neutral BV against any claims for damages made by third parties resulting from the improper and/or negligent use of the products/services provided by Neutral BV, and will bear all costs of possible legal proceedings.