TERMS AND CONDITIONS

  1. Definitions

In these Terms and Conditions, the following terms are understood to mean:

Supplier: Business Power Academy, established in Amsterdam, Chamber of Commerce number

59446064; the Customer: any natural or legal person with whom the Supplier concludes an Agreement, negotiates the realization thereof, or towards whom the Supplier has any (legal) act performed;

Agreement: every agreement between the Supplier and the Customer, as well as all (legal) acts in preparation and implementation thereof;

Products: all goods and services directly related to the delivery of those goods that the be the subject of an Agreement;

Supplier: the manufacturer of the Products and/or the person from whom the Supplier has them involved.

  1. Applicability

The Terms and Conditions are part of all Agreements and apply to all related (legal) acts of the parties.  Supplier disclaims applicability of terms and conditions of the Customer expressly.  If between the parties with regard to the Products a service agreement is concluded, are subject to that service agreement, depending on the type of Products, also specific general terms of service from Supplier applicable.  In the event of any conflict, the terms of service shall prevail.  Offers, conclusion and changes to Agreements and statements and designations of Products.

  1. Offer

An offer is valid while stocks last and only as an invitation to place of an order.  An Agreement is concluded if and insofar as the Supplier places an order accepts or implements them in writing.  Changes/additions in/on a

The Agreement and/or the Terms and Conditions only apply if the Supplier establishes them in writing and relate only to the relevant Agreement.

  1. Method of implementation

4.1 Business Power Academy will enter into the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.  Business Power Academy will make every effort to perform the work properly and carefully, as well as to represent the interests of the Client to the best of its knowledge and to strive for a Client usable result.  However, Business Power Academy cannot guarantee that with the work always achieves the result desired by the Client 100%.

4.2 An assignment to Business Power Academy implies the authority to engage third parties where necessary and any limitations of liability of third parties also on behalf of Client to accept.  Business Power Academy is not liable for shortcomings of the engaged third party, except in the case of intent or gross negligence on the part of Business Power Academy itself.

4.3 The execution of the assignment takes place exclusively for the benefit of the Client. Third parties cannot derive any rights from the content of the work performed. The Client indemnifies Business Power Academy against claims from third parties that assert to have suffered damage by or in connection with the work performed for the benefit of the Client.

4.4 Business Power Academy has the right to charge the price for the services it provides in the event of changes to the agreed project proposal or quotation, subject to other with regard to the design, functionality, implementation, method, size, analysis, and/or the reporting that, in consultation with or at the request of the Client, take place.

4.5 Is within the term of the agreement for the completion of certain work agreed on a term, then this is only an indicative term and never a strict deadline term, unless otherwise agreed.  In the latter case too, Business Power Academy liable for the consequences of exceeding the term.

4.6 Reporting by Business Power Academy Client takes place in accordance with project proposal, quotation or agreement.

4.7 The amounts and/or numbers stated in the reports of Business Power Academy are at least with regard to media use are purely indicative in nature and to these amounts and/or numbers, no rights can be derived.  If these reported amounts and/or numbers with regard to media use deviate from the amount and/or the numbers an invoice is charged by Business Power Academy Client, then the amounts and/or numbers stated in the invoice apply as the actual amounts and/or numbers.

  1. Intellectual Property

5.1 All intellectual property rights, including copyright, arising from the Services rendered to Business Power Academy belong entirely and exclusively to Business Power Academy. The Client acknowledges these rights and will refrain from any infringement thereof to remember.  All services established by Business Power Academy in the context of any service documents, reports, delivered and optimized pages and advice remain owned by Business Power Academy.  After termination of the contract Business Power Academy therefore has the right to request the Client to remove or return it to her.  If this is not the case, there will be a fine for the Client of 50,000 euros.  It is strictly forbidden to share confidential pass on information to third parties.  Passwords and account information serve until the end of the contract to be respected by the Client and Business Power Academy turn into.  As soon as a third party uses data from Business Power Academy Campaigns, ad groups, ads and keywords created will be fined charged to the Client of 25,000 euros.  The same fine applies when an account is suspended or deleted without Business Power Academy’s knowledge for  the duration of the contract.

5.2 The Website Optimization Plan written by Business Power Academy for the client, can only be used by the client, unless otherwise by Business Power Academy has been told.  The use of the Website Optimization Plan by others companies other than the Client is strictly prohibited, as is copying and/or multiply.  For each violation, Business Power Academy will be fined 65,000 euros impose on the Client.  To copy and resell the Website

Optimization Plan, Business Power Academy will charge a fine to the Client of 25,000 per copy sold.  Client indemnifies Business Power Academy against all claims of third parties with regard to intellectual property rights with regard to the publication of the texts, images or images provided to it by or on behalf of the Client other data.  In this regard, it will apply between the parties that digital images of networks of third parties do not belong to the Client, unless against proof of Client.

  1. Applicable Law and Choice of Forum

6.1 All agreements between the parties and obligations arising therefrom or with them are exclusively governed by Dutch law.

6.2 All disputes arising out of or in connection with the agreements and obligations referred to in the previous paragraph and which do not fall within the competence of the sub district court belong, will in the first instance be brought before the Court of Amsterdam.

The Client indemnifies Business Power Academy against any claims from third parties, which in suffer damage in connection with the execution of the agreement and which to the Client is attributable.

Nevertheless, Business Power Academy is entitled to submit disputes to the competent court of to submit the residence of the Client.

  1. Contract duration, termination and dissolution

7.1 The agreement is entered into for the period included in the agreement.

7.2 An agreement for a definite period cannot be terminated prematurely.

7.3 An agreement for a definite period is stated in the contract after the end of the period

always automatically extended for the same period, unless canceled by registered letter at the

end of the (extended) contract term and with due observance of a notice period of one (1) month.

7.4 If the Client does not, not properly or not in time, fulfill any obligation, which arising from the agreement or from these general terms and conditions, as well as in case of bankruptcy, suspension of payments, attachment or liquidation of Client, Business Power Academy can, without any obligation to pay compensation, without prejudice to its further rights, the agreement in whole or in part terminate or suspend further execution.  In that case, all fixed costs of the remaining term of the agreement are payable in full, in full and immediately.

8. Payment Terms

8.1 All prices and cost estimates are in Euro and exclusive of VAT, unless stated otherwise.

8.2 If no fixed fee is agreed, the fee will be determined based on hours actually spent.  The fee is calculated according to the usual hourly rates of Business Power Academy, applicable in the period in which the activities are performed, as notified to the Client, unless one of them different hourly rate has been agreed.  If no hourly rates have been agreed, the general hourly rate of Business Power Academy, which is € ** ex VAT amounts to.

8.3 In the event of approval in advance, the client must provide Business Power Academy with 90% of the total invoice amount.

8.4 Payment must be made within fifteen (15) days of the invoice date, on a manner to be indicated by Business Power Academy in the currency in which the invoice is made.  It is a deadline here.

8.5 Complaints about invoices must be submitted in writing by the Client within a period of eight months working days after the invoice date.  After expiry of this period, the Client is deemed to have accepted the invoice.

  1. Force Majeure

9.1 Business Power Academy is not liable for damage as a result of delayed, defective or impossible fulfillment of its obligations in the event of force majeure.  Below force majeure is understood, in addition to what is stated in this regard in law and jurisprudence understood, all external causes, foreseen or unforeseen, on which Business Power Academy can exert influence, but which enable Business Power Academy to is to fulfill its obligations.  Force majeure includes in any case: strike, excessive absenteeism of staff, a (temporary) shortage of staff, fire, company and technical malfunctions within the office or at the person engaged by Business Power Academy external parties, war and danger of war, riot, total or partial mobilization, or measures by the Dutch and/or a foreign government.

9.2 In the event that Business Power Academy cannot reasonably fulfill its obligations as a result of force majeure, the agreement may be required, Business Power Academy has the right to dissolve the contract in whole or in part, or to cancel the order without be obliged to pay compensation to the Client.  In this case, Business Power Academy is obliged to inform the Client of this immediately.

9.3 If Business Power Academy partially blames the occurrence of the force majeure obligations, it is entitled to the part already performed or executable separately and the Client is obliged to pay this invoice as it’s a separate agreement.

9.4 Business Power Academy is in no way responsible for down time, being offline of websites and the failure of pages within websites of websites built by Business Power Academy, or by external parties.  Business Power Academy is therefore possible also not be held liable for any damage incurred from not being online are or because of any lost income.

9.5 Business Power Academy is dependent on servers of external parties and hosting parties for the construction of websites and web shops.  Business Power Academy can support customers with the arranging and giving advice regarding hosting and servers, but is in no way responsible for the operations, operation or status of the servers, external parties or other external parties involved in a project or website.

  1. Rates

10.1 Business Power Academy is entitled to change the rates at any time without prior notice calendar year increase.

10.2 All changes in rates other than those referred to in Article 10.1 come into effect one (1) month after its publication.  If the Client does not wish to make the change accept, he is entitled to cancel the assignment in writing in advance as of the date on which the rate change will take effect and with due observance of the regular notice period.

10.3 Business Power Academy has the right to unilaterally change these General Terms and Conditions modify.  Business Power Academy must inform the Client of this change.

If the Client within 30 days after notification in writing to Business Power Academy indicates that they do not agree with the change, the last applicable General Terms and Conditions continue to apply.

10.4 If a provision of the agreement or the General Terms and Conditions proves to be invalid, this does not affect the validity of the entire agreement or the General Terms and Conditions.  In that case, Business Power Academy has the right to substitute one-for Client not unreasonably onerous provision that approaches the invalid as closely as possible.

  1. Disclaimer

The information on this website is compiled with care.  Nevertheless, it is possible that this information is incomplete and/or contains inaccuracies.  Business Power Academy closes all liability for any direct or indirect damage of any kind, arising from the use of this website and/or the information provided through this website obtained.

Business Power Academy

Address: Leerdamhof 430

Postal code: 1108CK Amsterdam Phone: +31-684451346 info@businesspoweracademy.net/https://www.businesspoweracademy.net

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