General terms and conditions Bawar Holding (YoungMetrics)

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

  1. Bawar Holding (later youngmetrics): the company providing marketing services. Adress on Heerlerbaan 74, 6418, CH Heerlen
  2. Client: the natural or legal person entering into an agreement with YoungMetrics.
  3. Services: all activities performed by YoungMetrics, including but not limited to digital marketing, advertising strategies, and social media management.
  4. Agreement: the written or electronic agreement between YoungMetrics and the client.

Article 2 – Applicability

  1. These general terms and conditions apply to all offers, quotations, agreements, and services provided by YoungMetrics.
  2. Deviations from these terms are only valid if agreed upon in writing.
  3. If any provision in these terms is deemed invalid or unenforceable, the remaining provisions will remain fully in effect.

Article 3 – Quotations and agreements

  1. All quotations and price estimates from YoungMetrics are non-binding unless explicitly stated otherwise.
  2. An agreement is established upon written or electronic confirmation by YoungMetrics or upon the commencement of services.
  3. YoungMetrics reserves the right to refuse assignments without providing reasons.

Article 4 – Execution of the agreement

  1. YoungMetrics will execute the agreement to the best of its knowledge and ability but does not guarantee specific results.
  2. The client must provide all necessary information in a timely manner to facilitate the execution of the agreement.
  3. Delays caused by incomplete or untimely information from the client are not the responsibility of YoungMetrics.

Article 5 – Fees and payment

  1. The client is required to pay the agreed fee as specified in the quotation or agreement.
  2. Invoices must be paid within 14 days from the invoice date unless agreed otherwise.
  3. If payment is not made on time, the client is in default without further notice, and YoungMetrics is entitled to charge collection costs and statutory interest.
  4. All prices are exclusive of VAT and any other government-imposed levies.

Article 6 – Duration and termination

  1. Agreements are entered into for the agreed-upon duration. For agreements without a fixed term, a 1-month notice period applies.
  2. YoungMetrics has the right to terminate the agreement immediately if the client fails to meet their obligations, becomes insolvent, or files for bankruptcy.
  3. In the event of early termination, the client will be charged proportionally for work already performed.

Article 7 – Liability

  1. YoungMetrics is not liable for indirect damages such as lost revenue, profit, or reputational damage.
  2. The liability of YoungMetrics is limited to the amount paid by the client for the relevant service in the past three months.
  3. YoungMetrics is not responsible for decisions or actions taken by the client based on the provided advice and services.

Article 8 – Intellectual property

  1. All intellectual property rights related to strategies, content, and reports developed by YoungMetrics remain the property of YoungMetrics unless otherwise agreed in writing.
  2. The client receives a non-exclusive and non-transferable right to use the provided materials.
  3. The client is not permitted to copy, sell, or make materials or strategies available to third parties without written permission from YoungMetrics.

Article 9 – Confidentiality and data protection

  1. Both parties are required to maintain confidentiality regarding confidential information obtained in connection with the agreement.
  2. YoungMetrics will process personal data in accordance with the general data protection regulation (GDPR).

Article 10 – Force majeure

  1. YoungMetrics is not liable for failure or delays in fulfilling obligations due to force majeure, including but not limited to third-party failures, internet outages, pandemics, strikes, and government measures.
  2. If the force majeure situation lasts longer than 60 days, both parties have the right to terminate the agreement without the right to compensation.

Article 11 – Applicable law and disputes

  1. These general terms and conditions and all agreements between YoungMetrics and the client are exclusively governed by Dutch law.
  2. Disputes arising from the agreement will be initially submitted to the competent court in the district where YoungMetrics is established.