Terms and conditions
These Terms and Conditions are between you (hereinafter referred to as the Client) and BlitzAdvisy B.V. (hereinafter also referred to as we, our or us). By using the services made available by BlitzAdvisy through the Website or by any other means, you agree and acknowledge that you have read, understood and unconditionally accepted all Terms and Conditions. These Terms and Conditions will be explicitly made available to you electronically for your written acceptance.
1. Definitions
1.1 BlitzAdvisy means BlitzAdvisy B.V., a company registered in accordance with the laws of the Netherlands, in Amstelveen, the Netherlands, under Chamber of Commerce number '91170257' and with VAT ID 'NL865572379B01' (also referred to as we, our or us).
1.2 Agreement means an agreement to provide Services, which BlitzAdvisy will perform for the Client. The Agreement is established when a Client accepts these Terms and Conditions, either by ticking the required checkbox indicating acceptance or otherwise in writing.
1.3 Customer is the party that requests certain online digital services to be provided by BlitzAdvisy for an agreed fee (also referred to as you).
1.4 Client Content means all material and information provided by Client for use by BlitzAdvisy in connection with the Services.
1.5 Confidential Information means, in relation to a Party, information disclosed by the other Party to that Party pursuant to or in connection with this Agreement (whether orally, in writing or through any other medium, and whether or not it is expressly stated that the information is confidential or marked as such).
1.6 Data protection legislation means any applicable legislation in force from time to time in the Netherlands applicable to data protection and privacy, including, but not limited to, the enforced EU General Data Protection Regulation ((EU) 2016/679) (the "GDPR") and any applicable guidelines or codes of practice issued from time to time by the Dutch Data Protection Authority or other applicable regulatory authorities;
1.7 Intellectual Property Rights means (a) any rights in patents, trademarks, service marks, registered designs, applications (and rights to apply for such rights), trade, business and company names, internet domain names and email addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions; (b) rights under licences, consents, decrees, statutes or otherwise relating to a right in paragraph (a); (c) rights of the same or similar scope or nature as or relating to those in paragraphs (a) and (b) that may now or in the future exist; and (d) the right to sue for past infringements of any of the foregoing rights.
1.8 Platform means the interactive Customer Portal through which some of the Services are offered to the Customer and which is located on the Website.
1.9 Quotation means a more or less itemised statement of work and costs related to the performance of these Services provided to the Client prior to the entry into force of the Agreement.
1.10 Services means all services provided by BlitzAdvisy (including Subscription Services and One-Off Services) as further described in Article 5 of these Terms and Conditions.
1.11 Website means the BlitzAdvisy website, located at www.blitzadvisy.com.
2. General provisions
2.1 Applicability. The formation, content and performance of any Agreement between the Client and BlitzAdvisy shall be exclusively governed by these General Terms and Conditions.
2.2 Acceptance. Entering into an Agreement with BlitzAdvisy requires the unconditional acceptance by the Client of the applicability of these Terms and Conditions.
2.3 Capacity. The Customer cannot enter into an Agreement with BlitzAdvisy, nor accept these Terms and Conditions, if the Customer does not have the requisite corporate or mental capacity to form a binding legal contract.
2.4 Terms and Conditions of Client. Any terms used by the Client that conflict with these General Terms and Conditions are rejected and therefore do not apply to the Agreement between BlitzAdvisy and the Client.
2.5 Relationship. Nothing in these Terms and Conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Customer and BlitzAdvisy other than the contractual relationship expressly provided for.
2.6 Privacy. The provision of personal information by the Customer is governed by the BlitzAdvisy Privacy Policy.
3. Offers and formation of Agreement
3.1 Quotations. Quotations and offers of BlitzAdvisy shall at all times be without obligation and revocable until the Agreement has been concluded.
3.2 Errors and mistakes. BlitzAdvisy cannot be held to its Quotations or offers if the Client can reasonably understand that the Quotation or offer, in whole or in part, contains a mistake or clerical error.
3.3 Unforeseen changes. All quotations and offers are subject to change due to unforeseen changes in the Services.
3.4 Client responsibility. Services not specified in a Quotation do not form part of the Agreement. The Customer is responsible for checking that the details in the Quotation are correct and correspond to the Customer's requirements.
4. Execution of the Agreement
4.1 Standard. BlitzAdvisy will provide the Services with reasonable skill and care, in accordance with the prevailing standards in its industry.
4.2 Actions. BlitzAdvisy will act in accordance with the provisions of the Agreement and these Terms and Conditions, and any reasonable instructions given to it by the Customer, provided that such instructions are compatible with the scope of the Agreement.
4.3 Compliance. BlitzAdvisy will comply with all statutes, regulations, standards and codes of conduct applicable to its Services.
4.4 Change Requests. BlitzAdvisy will use all reasonable efforts to accommodate any reasonable changes to the Services that may be requested by Customer, subject to Customer's acceptance of any related reasonable changes to fees due that may be payable as a result of such changes.
4.5 Third Parties. If and to the extent required for a proper execution of the Agreement, BlitzAdvisy has the right to have certain Services performed by third parties. This right also applies to the situation that BlitzAdvisy is unexpectedly not (fully) able to execute the Agreement due to causes not directly attributable to it (unless the nature of the Services dictates otherwise (because the execution could only be done by BlitzAdvisy)).
5. BlitzAdvisy's Services
5.1 General Services. BlitzAdvisy offers a range of Services designed to enhance technological capabilities, optimise business processes and provide expert guidance. The most up-to-date range of Services is displayed on the Website.
5.2 Overview of Services. BlitzAdvisy's services can be divided into Subscription Services and One-Off Services:
a. Subscription Services. These are Services described on the Website and/or the Platform as a recurring service, which is automatically renewed for certain periods of time as selected by you. Each Subscription Service has its own perks as specified on the Website and/or the Platform and is subject to these Terms and Conditions.
b. One-off Services. These are Services described on the Website and/or the Platform as a One-Off Service requiring a one-time payment. Each One-Off Service has its own perks as specified on the Website and/or the Platform and is subject to these Terms and Conditions.
5.3 Ga Guarantee. You hereby acknowledge and agree that business success is not linear, and that the process under the Services may have ups and downs. You will communicate clearly with BlitzAdvisy when you experience problems. 5.3 You hereby acknowledge that BlitzAdvisy does not guarantee any particular result or outcome of the Services.
5.4 Implementation. Both parties agree to do everything reasonably necessary to ensure that the terms of the Agreement take effect. This includes, but is not limited to, any decisions you need to make in connection with the implementation of BlitzAdvisy's advice and/or recommendations.
5.5 Sessions. If a Service offered by BlitzAdvisy involves booking a session or meeting, such sessions and/or meeting will be booked and scheduled by mutual agreement between the Client and BlitzAdvisy. If the Client is more than 10 minutes late for a booked session without notice, BlitzAdvisy is entitled to consider the session cancelled.
5.6 Rescheduling Sessions. The Customer may reschedule any session by rescheduling the session in the Customer Portal or by emailing BlitzAdvisy up to 24 hours in advance. Cancellations at a later date and/or time are not subject to rescheduling. If the Customer gives timely notice that he/she is unable to attend a session, a one-off session may be rescheduled once to another date and time, and a session that is part of a subscription may be rescheduled up to twice within a given month.
5.7 Deadlines. Customer acknowledges that any deadlines are indicative and are not binding on BlitzAdvisy. Any delay caused by circumstances beyond the reasonable control of BlitzAdvisy shall not constitute a breach of this Agreement and the Customer shall not be entitled to claim any damages as a result thereof. BlitzAdvisy will always notify the Customer in writing of any delay. Delays may include changes in requirements and/or specifications at the initiative of the Client.
5.8 Testing. During the term of the Agreement, the Customer shall have the opportunity to inspect, test and evaluate certain aspects, features or predefined deliverables of the Services, to the extent agreed between the Parties.
5.9 Change in Services. BlitzAdvisy reserves the right to modify, update, or discontinue any of its Services, at its sole discretion. Any changes will be communicated to you in a timely manner.
5.10 Change in Subscription. BlitzAdvisy may change the terms of any of its subscription packages at any time, at its sole and absolute discretion. BlitzAdvisy shall give you reasonable notice if the change is material. Changes will be implemented as of the Client’s next billing cycle, unless the Client cancels the subscription.
6. Obligations of the Customer
The following terms and conditions apply to all Services:
6.1 Provision of Information. The Client shall ensure that all data, tools and information, which BlitzAdvisy indicates are necessary for the performance of the Services, or which the Client should reasonably understand are necessary for the performance of the Services, are provided to BlitzAdvisy in a timely, complete and accurate manner prior to the commencement of the Services.
6.2 Relevant Information. The Customer shall duly inform BlitzAdvisy of any fact and circumstances that may be relevant in connection with the performance of the Services.
6.3 Customer Feedback. BlitzAdvisy may from time to time seek Customer's input or feedback on deliverables prior to their use under the Services. The Customer shall make all reasonable efforts to respond to BlitzAdvisy as soon as possible.
6.4 Client Guarantee. The Client hereby warrants the accuracy, completeness and reliability of all information and Client Content provided to BlitzAdvisy.
6.5 Customer Content. Customer Content must not contain any material or information that (i) is unlawful or inappropriate; (ii) contains a virus or other hostile programme; (iii) constitutes harassment, racism, violence or obscenity; or (iv) infringes the intellectual property or copyright of any third party.
6.6 Delays. BlitzAdvisy shall not be liable for any delays in the provision of the Services which may result from the Customer's failure to comply with any of its obligations or which are due to factors beyond BlitzAdvisy's control.
6.7 Non-Collaboration. During the term of the Agreement and for a period of 1 year following its termination and/or expiry, Customer agrees not to enter into any form of collaboration, partnership, employment, consultancy or other professional relationship, paid or unpaid, with current or former employees and/or contractors of BlitzAdvisy with whom Customer had contact or access to during the term of the Agreement. The Customer acknowledges that such collaboration may potentially create conflicts of interest or competitive disadvantages and agrees to abide by this restriction.
7. Use of the Platform and the Services
7.1 Platform Standard. BlitzAdvisy makes reasonable efforts to ensure that our Platform is complete, accurate and up-to-date. However, we make no representations, warranties or guarantees (express or implied) that the Platform is complete, accurate or up-to-date.
7.2 Restrictions on use. You may only use our Platform and/or Services in a manner that is lawful and complies with the provisions of this Clause 7. In particular: You may only use the Platform and/or Services in a manner that is lawful and that complies with the provisions of this Clause 7.
Specifically:
a. you must ensure full compliance with all local, national or international laws and/or regulations;
b. you must not use the Platform in a manner or for a purpose that is unlawful or fraudulent;
c. you must not use the Platform to intentionally transmit, upload or otherwise transmit data containing any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
d. you must not use the Platform in any way, or for any purpose, that is intended to harm any person or persons in any way.
7.3 Acceptable Use. When you submit data or information (or otherwise communicate through the Platform), you may not submit, communicate or otherwise do anything that:
a. is sexually explicit;
b. is obscene, intentionally offensive, hateful or otherwise inflammatory;
c. promotes violence;
d. promotes or participates in any form of unlawful activity;
e. discriminates against, or is in any way defamatory about, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
f. is intended to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person, or is otherwise likely to do so
g. is likely to mislead
h. is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy or otherwise use their personal data in a way that you are not entitled to;
i. misleadingly impersonates another person or otherwise misrepresents your identity or affiliation in a manner calculated to mislead (obvious parodies are not covered by this definition provided they do not fall under any of the other provisions of this clause 7.3);
j. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trademarks and database rights) of any other party; or
k. breaches any legal obligation to a third party, including, but not limited to, contractual obligations and obligations of trust.
e. We hereby exclude all liability arising from actions (including but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
8. Payment and payment terms
8.1 Prices. All prices stated on the Website or quoted to you are exclusive of any value added tax payable thereon unless otherwise expressly stated. BlitzAdvisy may increase any fees payable with VAT if applicable.
8.2 Subscription services
a. Fees. If the Customer has entered into an Agreement with BlitzAdvisy to use any of its Subscription Services, the Customer must pay certain recurring subscription fees as stated. The exact amount of the subscription fees depends on the package the Customer selects. Fees are payable on a monthly or an annual basis, prior to the month or year.
b. Changes and refunds. If the Customer has opted for a Subscription Service, the Customer may update, cancel or downgrade his subscription at any time. Changes will be implemented as of the next billing cycle. The Customer will not receive a refund when cancelling a monthly subscription. For annual subscriptions, the Customer may cancel his subscription at any time. The Customer will receive a pro-rata refund for cancelled annual subscriptions based on the remaining period of the subscription. Any amounts not specified in this clause 8.2(b) will not be refunded. BlitzAdvisy may, at its sole and absolute discretion, offer a refund where it was unable to perform the Services due to reasons beyond its reasonable control.
c. Distribution of Annual Subscriptions. If the Customer has opted for an annual Subscription Service, the Services offered remain usable on a monthly basis, under the terms of the subscription.
8.3 One-off services
a. Fees. If the Customer has entered into an Agreement with BlitzAdvisy to use any of its One-Time Services, the Customer shall pay a one-time fee to BlitzAdvisy as agreed, to be received by BlitzAdvisy prior to the commencement of the Services.
b. Refunds. No refunds will be offered for a One-Off Service unless BlitzAdvisy determines otherwise in its sole and absolute discretion.
8.4 Payments. Payments for the Services are handled by Stripe. The Customer is subject to Stripe's payment terms when making a payment.
8.5 Invoice. Invoices will be sent to the Customer via Stripe. The Customer shall pay the payment due no later than 10 working days after receipt. However, BlitzAdvisy has the right to discontinue the provision of Services to the Customer if the Customer has not paid by the first day of the new billing cycle. Services will be restored once the Customer has completed payment.
8.6 Late Payment. If the Client fails to pay any amounts due within the specified timeframe, BlitzAdvisy is entitled to charge an interest rate in the amount of 3% over all amounts payable until the amount due has been paid in full. BlitzAdvisy may also suspend the provision of Services until BlitzAdvisy has received payment in full.
8.7 Default. If the Client remains in default after 60 days and after receiving an official reminder from BlitzAdvisy, BlitzAdvisy may proceed to recovery. The costs related to these proceedings will be borne by the Client. If the Client is declared in default, the Client will owe BlitzAdvisy, in addition to the principal sum, the statutory (commercial) interest, (extra)judicial collection costs, attorney’s fees, and possibly other damages.
9. Intellectual property
9.1Client Indemnification. Client hereby warrants and represents that all Client Content provided by Client is Client's original creation. The Client hereby indemnifies and holds BlitzAdvisy harmless from and against any and all claims, suits, threats, demands, liabilities, settlements, costs, expenses, and legal fees relating to any third party's claim that the Client Content or any other content infringes or interferes with any proprietary right of such party, including but not limited to copyrights, trademarks, trade secrets, privacy rights, moral rights, patents, publicity rights, or any other right now or hereafter existing.
9.2 Licence to use Client Content. The Client hereby grants to BlitzAdvisy a limited, non-exclusive, non-transferable, revocable, worldwide licence to use the Client Content for the purpose of providing the Services in accordance with these Terms and Conditions.
9.3 Transfer of Rights. Subject to the fulfilment by the Customer of its payment obligations under these Terms and Conditions, customised (digital) materials created by BlitzAdvisy on behalf of the Customer in connection with the BlitzShield Services and Power BI Implementation Services, including but not limited to all images, videos, content, text and other materials are the exclusive property of the Customer. BlitzAdvisy assigns all rights to the Customer and shall be deemed to have waived all moral rights in respect of the same. BlitzAdvisy shall execute all documents and take all actions necessary or reasonably requested by the Customer to document, obtain, maintain, perfect or transfer its rights in such content. This transfer of rights does not apply to material created by BlitzAdvisy that is not adapted to the needs of the Customer or that is in written form.
9.4 Marketing Rights. BlitzAdvisy may mention the Customer on BlitzAdvisy's Website and in all its marketing and advertising, in any medium.
9.5 BlitzAdvisy's Rights. All content on the Website and the copyright and other intellectual property rights therein, unless specifically stated otherwise, belong to or are licensed to BlitzAdvisy. All such content is protected by applicable law in the Netherlands and international intellectual property laws and treaties.
10. Liability, indemnification and force majeure
10.1 No warranties. Our Services and Website are provided "as is" and on an "as available" basis. BlitzAdvisy may change, suspend or discontinue the Services and/or the Website (or any part thereof) at any time and without notice. BlitzAdvisy shall not be liable in any way if the Website is unavailable. To the extent permitted by law, BlitzAdvisy makes no representation, warranty or guarantee that the Services will meet the Customer's requirements.
10.2 Force majeure. Neither the Customer nor BlitzAdvisy shall be liable for any failure or delay in the performance of their obligations where such failure or delay results from a cause beyond that party's reasonable control. Such causes include, but are not limited to, power failure, internet service provider failure, industrial action, civil commotion, fire, flood, storms, earthquakes, acts of terrorism, acts of war, government action, public health crisis, or any other event beyond the control of the party in question.
10.3 Indirect Damages. BlitzAdvisy shall not be liable for any indirect, special, incidental or consequential damages howsoever caused. This includes loss of profits; loss of sales or business, loss of agreements or contracts; loss of or damage to goodwill; or any other similar loss.
10.4 Direct damages. To the extent permitted by law, BlitzAdvisy assumes no liability for any loss or damage, foreseeable or otherwise, arising out of or in connection with any Agreement or the Services, unless BlitzAdvisy has acted with intent or deliberate recklessness in respect of such loss or damage.
10.5 Limitation of Liability. Notwithstanding the foregoing, BlitzAdvisy's liability to the Customer in respect of any claims arising out of, or in connection with, this Agreement, whether in contract, tort (including negligence), breach of duty, or otherwise, shall not exceed the total amounts paid or payable by the Customer to BlitzAdvisy under any Agreement during the 3 months immediately preceding the occurrence of the damage.
10.6 Vdriving indemnity. Both parties hereby undertake to indemnify the other party, and keep it fully indemnified at all times, from and against all damages arising as a result of any breach of these Terms and Conditions by the indemnifying party.
11. Confidentiality
11.1 Duty of Confidentiality. In the course of the Services, BlitzAdvisy may gain access to Confidential Information. BlitzAdvisy will protect such Confidential Information by reasonable measures to the same standards with which it protects its own content and will not disclose the Confidential Information to any third party.
11.2 Confidential Information. Under these Terms and Conditions, Confidential Information includes any information of a confidential nature or of strategic importance. Confidential Information includes items such as business plans, marketing plans and strategies, formulas, processes, data, software source codes, financial information, customer lists and any other information deemed confidential by the parties. Confidential information does not include information that is generally available to the public, commonly known in the industry, exists in the public domain, is learned from an external source independent of the relationship established by the Agreement or was known prior to entering into the Agreement.
12. Duration and termination of agreement
12.1 Duration. The Agreement commences on the date on which these Terms and Conditions are accepted in writing by the Customer and remains in full force and effect until termination of the Agreement in accordance with these Terms and Conditions (in the case of Subscription Services) or completion of the Services (in the case of On-Off Services).
12.2 Termination. Without prejudice to any other right or remedy available to it, either party may terminate the Agreement by written notice to the other party or through the Platform in the following circumstances:
12.2.1 the other party commits another breach of any of the provisions of these Terms and Conditions and, if the breach can be remedied, fails to remedy it within 7 days of written notice giving full details of the breach and requiring it to be remedied;
12.2.2 the other party is declared bankrupt or goes into liquidation (except for the purposes of a bona fide amalgamation or reconstruction and in such a way that the resulting company effectively agrees to be bound by or assume the obligations imposed on that other party under the Agreement);
12.2.3 something similar to the foregoing occurs with respect to the other party under the law of any jurisdiction; or
12.2.4 that other party ceases or threatens to cease its business operations.
13. Data protection authority
13.1 Legal definitions. In this Article 13, the terms "personal data", "processing", "data subject", "controller", "processor" and "personal data breach" have the meanings as defined in the Personal Data Protection Act, and the terms "data processor" and "controller" have the same meanings as "processor" and "controller" respectively. The term "national law" means the law of the Netherlands or any part thereof.
13.2 Wdata protection legislation. The parties hereby agree that they will both comply with all applicable data protection requirements set out in the Data Protection Legislation. This Article 13 does not relieve either party of any obligations as set out in the Data Protection Act and does not remove or replace any such obligations.
13.3 Roles. For the purposes of the Data Protection Legislation and for this Clause 13, the Customer is the "Data Controller" and BlitzAdvisy is the "Data Processor".
13.4 Details of Processing. The scope, nature and purpose of the processing; the duration of the processing; the type(s) of personal data; and the category(ies) of data subject(s) are set out in Appendix A.
13.5 Required consents. The Controller shall (without prejudice to the generality of clause 13.2) ensure that it has all necessary consents and notifications required to enable the lawful transfer of personal data to, and the lawful collection of personal data by, the Data Controller for the purposes described in these Terms and for the duration thereof.
13.6 Obligations of the Data Controller. The Data Processor shall (without prejudice to the generality of clause 13.2) in respect of any Personal Data processed by it in connection with the performance of its obligations under this Agreement
13.6.1 not request access to personal data other than those strictly necessary for the provision of the Services (and the Data Controller is responsible for ensuring that no other personal data can be accessed) and only process the personal data on behalf of the Data Controller, unless the Data Controller is otherwise required to process such personal data by national law. The Data Controller shall immediately notify the Controller before carrying out such processing, unless prohibited by the relevant law;
13.6.2 ensure that it has implemented appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures must be appropriate and proportionate to the potential harm resulting from such events and to the nature, scope and context of the personal data and processing involved, taking into account the current state of the art and the cost of implementing such measures. Measures to be taken are set out in Annex A;
13.6.3 ensuring that all persons who have access to personal data (for processing purposes or otherwise) are contractually bound to keep such personal data confidential;
13.6.4 not transfer personal data outside the European Economic Area without the prior written consent of the Controller and only if the following conditions are met:
i. the controller and/or the data processor has/have provided appropriate safeguards for the transfer of personal data;
ii. data subjects have enforceable rights and effective remedies;
iii. the Data Controller complies with its obligations under Data Protection Legislation and provides an adequate level of protection for any personal data transferred; and
iv. the Data Controller complies with any reasonable instructions given in advance by the Data Controller regarding the processing of the personal data;
13.6.5 de Assist the Controller, at the Controller's expense, in responding to all requests from data subjects and in ensuring compliance with Data Protection Legislation with respect to impact assessments, security, breach notifications and consultation with supervisory authorities or other applicable regulatory authorities (including, but not limited to, the Dutch Data Protection Authority);
13.6.6 de Notify Controller without undue delay of a personal data breach of which it becomes aware;
13.6.7 upon written instruction from the Controller, delete (or otherwise remove) or return to the Controller all personal data and all copies thereof upon termination of this Agreement, unless required to retain personal data under national law; and
13.6.8 keep complete and accurate records of all processing activities and technical and organisational measures implemented to demonstrate compliance with this Article 13 and to enable audits, including inspections, by the Controller and/or a party designated by the Controller. The Data Controller shall immediately notify the Controller if it considers that an instruction violates data protection legislation.
13.6.9 The Processor shall not outsource any of its obligations in relation to the processing of Personal Data under this Article 13 to another processor without the prior written consent of the Controller (such consent shall not be withheld on unreasonable grounds). If the Data Controller appoints another processor, the Data Controller shall:
i. enter into a written agreement with the other processor, imposing on that other processor substantially the same obligations as those imposed on the data processor by this Article 13; the data processor hereby undertakes to comply at all times with the requirements of data protection law;
ii. ensuring that the other processor fully complies with its obligations under that agreement and data protection legislation; and
iii. remain fully liable to the Data Controller for the performance of that other processor's obligations and its acts or omissions.
13.7 Amendment. Either party may amend this Article 13 at any time, and subject to at least thirty (30) calendar days' written notice, and replace it with applicable data processing provisions to comply with Data Protection Legislation or.
14. Other
14.1 Amendment. Either party may amend this Article 13 at any time, and subject to at least thirty (30) calendar days' written notice, and replace it with applicable data processing provisions to comply with Data Protection Legislation or.
14.2 No waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver and shall not be construed as such. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver of any provision of this Agreement constitute a continuing waiver, unless expressly provided otherwise.
14.3 Severability. In the event that one or more of the provisions in these General Terms and Conditions are found to be null and void in whole or in part, the remaining provisions will remain in force. BlitzAdvisy will draft new provisions to replace the void or nullified provisions, carefully considering the scope of the original provisions.
14.4 Amendment. BlitzAdvisy is permitted to unilaterally amend these Terms and Conditions. The amended Terms shall apply immediately to Agreements entered into after the amendments are implemented and 30 days after written notification of the amendment to the Customer for already existing Agreements. If the Customer continues to use the Services after this 30-day period, the Customer shall be deemed to have accepted the amended Terms and Conditions.
14.5 Entire Agreement. Unless supplemented by additional terms, policies, guidelines or standards, these Terms and Conditions contain the entire legal agreement between BlitzAdvisy and the Customer and supersede all prior or written understandings or agreements relating to the Customer's use of the Services.
15. Law and jurisdiction
15.1 Governing law. These General Terms and Conditions and the Agreement between the Parties (including all non-contractual matters and obligations arising therefrom or related thereto) shall be governed by, and construed in accordance with, Dutch law.
15.2 Jurisdiction. All disputes, disagreements, proceedings or claims between the Parties relating to this Agreement (including all non-contractual matters and obligations arising therefrom or related thereto) shall be subject to the jurisdiction of the courts of the Netherlands.
SCHEMA A
Data processing
A. Scope
This schedule relates to the processing of personal data by BlitzAdvisy as Data Processor on behalf of the Client (Data Controller). The processing activities are related to the provision of tech consulting and implementation services to clients.
B. Nature
Data processing includes the collection, storage, analysis and management of personal data necessary for the successful delivery of tech consulting services. This can include both automated and manual processing.
C. Target
The purpose of data processing is to enable BlitzAdvisy to provide effective tech consulting services to its clients. This includes tasks such as software implementation, system optimisation, tech assessment and other related services.
D. Duration
Data processing activities will continue for the duration of the tech consulting services agreement between BlitzAdvisy and its clients. Processing may also extend to post-engagement support, as required.
E. Types of Personal Data
The types of personal data processed may include:
- Contact data (e.g. name, business email, phone number)
- Professional data (e.g. job title, company)
- Technical data (e.g. system configurations, software usage data)
- Communication history (e.g. e-mails, messages related to consultancy services)
- Project-related documents (e.g. project plans, reports)
- End-user data (customer data as stored in the customer's systems)
F. Categories of stakeholders
The categories of data subjects whose personal data may be processed include individuals who are customers of, connected to or employed by BlitzAdvisy's clients. These may include customers, clients, users, employees, contractors and other relevant stakeholders of Client.
G. Organisational and technical data protection measures
To ensure the security and confidentiality of personal data, BlitzAdvisy will implement the following data protection measures:
-Access control: Limit access to personal data to authorised personnel only.
- Data minimisation: Process only the data needed to provide services.
- Encryption: Use encryption techniques to protect data during transmission and storage.
- Data retention: Retain personal data only for the duration necessary to perform the consultancy services.
- Security audits: Conduct regular security audits and assessments to identify and mitigate risks.
- Incident response: Have a plan to respond to and manage data breaches or incidents.
- Data sharing: Ensure data sharing with third parties is in line with customer agreements and legal requirements.
- Employee training: Provide employees with training on data protection and privacy practices.