1.1 Six Fingers B.V.: a company that advises and supports organizations in gaining a distinctive market position and/or approach, as well as developing and operating marketing concepts. Six Fingers B.V. is registered with the Chamber of Commerce in Eindhoven under registration number 52285642.
1.2 Client: the individual or legal entity that has entered into or wishes to enter into an agreement with Six Fingers B.V. for our services and/or assignment. This also includes their representative(s), authorized person(s), successor(s), and heirs.
1.3 Product: the creation and implementation of a marketing concept.
2.1 No conditions other than these apply to the dealings between Six Fingers B.V. and the client, unless they involve legal provisions that surpass these terms and conditions. Six Fingers B.V. expressly reserves the right to modify and adjust these terms and conditions.
3.1 All quotations and price quotes by Six Fingers B.V. are entirely non-binding.
3.2 Advice, proposals, and quotations made by Six Fingers B.V. are specifically addressed to the client or the party requesting the quotation. It is not permitted to disclose or use them for any purpose other than evaluating the offer without the permission of Six Fingers B.V.
3.3 Six Fingers B.V. is only bound to quotations if the acceptance thereof by the client is confirmed in writing within the specified period, or if no period is stated, within a maximum of 21 days.
4.1 An agreement is concluded on the day the order confirmation is completed and signed, received by Six Fingers.
4.2 Deviations from the conditions stated in Article 4.1 may occur when the client is already known to Six Fingers B.V., but only with the written consent of Six Fingers B.V.
5.1 Six Fingers B.V. executes the agreement to the best of its knowledge and abilities. If and to the extent that the proper execution of the agreement requires it, Six Fingers B.V. has the right to have certain tasks performed by third parties.
5.2 The client shall ensure that all data indicated by Six Fingers B.V. as necessary are provided in a timely manner. If the data necessary for the execution of the agreement are not provided to Six Fingers B.V. in a timely manner, Six Fingers B.V. has the right to suspend the execution of the agreement and/or charge the client for any resulting additional costs, such as waiting days.
5.3 The client shall ensure that all employees of the client, as indicated by Six Fingers B.V. as necessary for the execution of the assignment, can cooperate in a timely manner. Employees include not only permanent employees but also employees with temporary employment, employees working through labor agencies and temporary employment agencies, as well as consultants hired by the client.
If the employees necessary for the execution of the agreement are not available to Six Fingers B.V. in a timely manner, Six Fingers B.V. has the right to suspend the execution of the agreement and/or charge the client for any resulting additional costs, such as waiting days.
5.4 If necessary, changes to an agreement can be made after written confirmation by both parties. This may result in a change to the agreed-upon delivery date. Six Fingers B.V. will notify the client of the new delivery date and any financial consequences as soon as possible.
5.5 Six Fingers B.V. is not liable for any damages, of any kind, caused by incorrect and/or incomplete information provided by the client or its employees.
5.6 The client remains responsible for making all business decisions. Six Fingers B.V. can never be held liable for this. Six Fingers B.V. is also not liable for any other damages suffered by the client, except in cases of proven intent. Furthermore, Six Fingers B.V. is not liable for damages caused by non-subordinates involved in the execution of the assignment. In the event that Six Fingers B.V. would be liable, the liability is limited to a maximum of Euro 10,000. Any claims from the client in this context must be submitted within one year after discovering the damage.
5.7 In case of force majeure, Six Fingers B.V. is not in default. In case of temporary impossibility to fulfill obligations, Six Fingers B.V. is entitled to suspend the execution of the agreement. If there is a permanent impossibility to fulfill obligations, Six Fingers B.V. is entitled to terminate the agreement.
6.1 The assignment will commence on the date specified in the agreement, provided that the completed and signed order confirmation, a 75% down payment of the agreed invoice amount, and the necessary materials have been received.
6.2 If there is a risk of exceeding the agreed delivery time, this will be communicated as soon as possible. Excessive delays in delivery time may be considered grounds for termination of the agreement. In case of force majeure, the deadline will be extended by the duration of the force majeure event.
7.1 The ownership of ideas and marketing concepts provided by Six Fingers B.V. prior to an agreement remains fully with Six Fingers B.V., unless expressly agreed otherwise in writing. In the latter case, Six Fingers B.V. may negotiate a compensation for this. In case of proven infringement of the mentioned ownership, Six Fingers B.V. is entitled to charge a self-determined but reasonable fee for this.
7.2 All intellectual property rights that can be exercised with regard to the results of the collaboration belong to the client, unless explicitly stated otherwise.
7.3 To ensure that the client obtains the (intellectual property) rights to innovations inspired or based on consumers and contacts, Six Fingers B.V. will include the following provision in its agreements with consumers and customers who have participated in research or co-creation: “The information provided by you is used as inspiration for our client to better understand the target audience. If the interaction between you and the client/manufacturer leads to (for example) new products, designs, or other innovations, all rights to such innovations belong to the client.”
7.4 Six Fingers B.V. reserves the right to use the knowledge gained through the execution of the work for other purposes, provided that no confidential information is disclosed to third parties.
8.1 Six Fingers B.V. is not responsible or liable for the content of the materials provided by the client. The client must ensure that the materials provided by the client are free from third-party copyright.
8.2 In case of attributable failure to fulfill the agreement, Six Fingers B.V. is only liable for substitute damages up to a maximum of the invoice amount. Any liability of Six Fingers B.V. for any other form of damages is excluded, including compensation for indirect damages, consequential damages, or damages due to loss of revenue or profit.
9.1 All quoted prices are exclusive of VAT.
9.2 Each assignment is estimated in advance by Six Fingers B.V., based on the hourly rates provided below. The estimate will be presented to the client for approval. During the course of the work, additional tasks may arise. These will also be estimated and discussed with the client.
9.3 Additional requests from the client that are not documented in the agreement and result in extra work must be compensated proportionally and in accordance with the agreed hourly rates.
10.1 After signing the order confirmation, it will be considered a contract. From that moment, an agreement is concluded between the client and Six Fingers B.V., and the client is obligated to honor the work of Six Fingers B.V. as agreed.
10.2 For orders exceeding € 1000, the client is required to pay 75% of the gross total amount stated in the quote as a down payment. Six Fingers B.V. will send an invoice for this, which must be paid within 21 days.
10.3 Upon completion of the assignment, Six Fingers B.V. will send an invoice for the amount associated with the agreement, reduced by the already paid down payment, if applicable. The client must pay the outstanding amount within 21 days after the invoice date.
10.4 After the due date, statutory interest will be charged, without the need for a formal notice of default. If payment is not made, Six Fingers B.V. may suspend the execution of the assignment by invoking the right of insecurity. If the client is in default or fails to fulfill one or more of its obligations in any way, all reasonable costs incurred to obtain satisfaction will be borne by the client, including both judicial and extrajudicial costs.
10.5 If the client decides to terminate the collaboration prematurely, this can only be done through written confirmation. In such cases, Six Fingers B.V. is entitled to payment for the work performed up to that point, the Out of Pocket expenses incurred up to that moment, as well as 50% of the remaining project budget in relation to the reserved time for the client. Naturally, the client will receive the provisional results of the work performed up to that point upon termination of the collaboration.
11.1 If the client is in default of the law or these conditions, or fails to fulfill its obligations under the agreement, Six Fingers B.V. has the right to terminate the agreement by notifying the client in writing, or to suspend its own obligations under the agreement, without prejudice to the rights of Six Fingers B.V. to full compensation.
11.2 Six Fingers B.V. has the authority to wholly or partially suspend the fulfillment of obligations, or to terminate the agreement. This authority applies in the following cases: if the client dies or is placed under guardianship, if the client ceases or transfers its business or a significant portion thereof, including the contribution of its business to a newly established or existing company, or if there is a change in the objectives of the client’s business, if the client is deemed to be clearly insolvent, if the client is declared bankrupt or becomes subject to bankruptcy proceedings, if the client waives its assets, files for suspension of payments, or if any part or all of its property is seized. This authority also applies to both parties if the counterparty is in a situation of force majeure and it is assumed that this will last longer than 30 days.