Article 1
D.X.G. Brito Globus Marketing & Business VBA, established under the laws of Aruba is a Limited Liability Company registered at the Chamber of Commerce and Industry of Aruba under serial number H54688.0.
Article 2
The objective of D.X.G. Brito Globus Marketing & Business is creating, implementing, and sustaining marketing strategies to improve marketing efforts of businesses of any size and in any industry. Also gives business advice and helps make strategic plans with business owners or decision makers of a company or organization.
Article 3
These General Terms and Conditions shall apply to all (current, additional, and continued) assignments given by clients to D.X.G. Brito Globus Marketing & Business or the employees of D.X.G. Brito Globus Marketing & Business, including its director.
Article 4
Every instruction will be exclusively provided, accepted, and performed by D.X.G.Brito Globus Marketing & Business VBA. No person who works at, for or on behalf of the marketing firm shall be personally bound or liable, this in deviation of the articles7:404 and 7:407 paragraph 2 BW.
Article 5
Services and all assignments given to D.X.G. Brito Globus Marketing & Business shall be considered as exclusively given to D.X.G. Brito Globus Marketing & Business VBA.
Article 6
An assignment given to D.X.G. Brito Globus Marketing & Business shall only be performed for the client. Third parties may not derive any rights from the content of the activities performed. The client shall always supply D.X.G. Brito Globus Marketing& Business with all relevant information regarding the assignment and shall keepD.X.G. Brito Globus Marketing & Business informed of all relevant changes in circumstances.
Article 7
Unless it arises otherwise from the nature of the assignment, the client shall be responsible for the correctness, completeness and reliability of the information, data and documents provided to D.X.G. Brito Globus Marketing & Business, also if they were obtained through or from third parties.
Article 8
D.X.G. Brito Globus Marketing & Business keeps a file and data concerning the assignment containing copies of relevant documents, which shall remain the property of D.X.G. Brito Globus Marketing & Business.
Article 9
Unless any regulation obligates D.X.G. Brito Globus Marketing & Business to this effect, D.X.G. Brito Globus Marketing & Business and a staff member used by it undertake to observe secrecy towards third parties as regards confidential information obtained from the client.
Article 10
Should an event occur, during the execution of an assignment of a client (including an omission), that leads to liability, this liability shall be restricted to the amount the professional liability insurance taken out by D.X.G. Brito Globus Marketing & Business to, including the deductible it must pay itself in connection with this insurance.
Article 11
D.X.G. Brito Globus Marketing & Business, in consultation with the client, may request the services of a third-party experts from outside its organization. D.X.G. Brito Globus Marketing & Business disclaims all liabilities whatsoever for faults committed by these third parties.
Article 12
D.X.G. Brito Globus Marketing & Business liability is limited to the amount stipulated for that up to the maximum of the professional liability policy.
Article 13
Each of the parties guarantees that all information received from the other party that is known or should be known to be of a confidential nature will remain secret unless a legal obligation requires disclosure of that information. The party receiving confidential information will only use it for the purpose for which it was provided.Information is in any case considered confidential if it has been designated as such by the client or D.X.G. Brito Globus Marketing & Business.
Article 14
The client indemnifies D.X.G. Brito Globus Marketing & Business against claims from persons whose personal data are registered or processed in the context of a personal registration that is kept by the client or for which the client is otherwise responsible by law unless the client proves that the facts on which the claim is based can be attributed exclusively to D.X.G. Brito Globus Marketing & Business.
Article 15
Depending on the assignment D.X.G. Brito Globus Marketing & Business will require an advance deposit before accepting the assignment.
Article 16
If after the start of the activities, but before the completion thereof, rate-influencing factors such as salaries, taxes and/or prices undergo a change, D.X.G. Brito Globus Marketing & Business shall have the right to adjust the rate agreed on accordingly.The fee is exclusive of the expenses of D.X.G. Brito Globus Marketing & Business and exclusive of bills of third parties called in by it.
Article 17
Payments to D.X.G. Brito Globus Marketing & Business have to be made within 15calendar days after the invoice date without suspension, discount, deduction or setoff against a claim that a client believes to have on D.X.G. Brito Globus Marketing &Business. D.X.G. Brito Globus Marketing & Business is entitled to claim 2% interest for overdue payment per month after expiration of the term of payment. All costs related to any possible debt collection, among which all extrajudicial costs, with a minimum of 15% of the total amount to collect, will be at the client’s expense. Incase of non-payment or payment not in time by a client, D.X.G. Brito Globus Marketing & Business is entitled to suspend the work for this client or to stop without warning.
Article 18
The client accepts that all correspondence (in the widest sense of the word) may be done by e-mail. All approvals and/or acceptances given by the client to D.X.G. Brito Globus Marketing & Business by e-mail are the same as if a physical signature has been given. The e-mail address used will be the one that the client gives to D.X.G.Brito Globus Marketing & Business and failure by the client to inform D.X.G. Brito Globus Marketing & Business of the use of a different e-mail address is for the sole risk of the client. The consequences thereof, which includes but is not limited to tardiness and/or not meeting deadlines, is solely for the risk of the client. The client accepts that D.X.G. Brito Globus Marketing & Business is not responsible nor liable for any risks associated with the use of electronic communication.
Article 19
The client may terminate the agreement by giving a thirty-day notice period and notifying D.X.G. Brito Globus Marketing & Business in writing of this, and D.X.G. Brito Globus Marketing & Business to confirm this notification in writing to the client for the notification to take effect. D.X.G. Brito Globus Marketing & Business may also terminate the agreement for any reason by giving a thirty-day notice period. Upon the termination of the agreement, the client will pay D.X.G. Brito Globus Marketing& Business any outstanding fees for services supplied, as well as expenses occurred before and up to the termination of the agreement. D.X.G. Brito Globus Marketing &Business reserves the right to withhold any information it has regarding the client and the assignment until such time that all invoices have been paid in full.
Article 20
Upon termination of the agreement, each of the parties shall promptly hand the other party any and all goods, items, documents and data being in its possession that belong to this other party.
Article 21
All articles in these General Terms & Conditions have been made on behalf of all persons who work(ed) in, for or on behalf of civil partnership as well.
Article 22
Aruban law is applicable on the relationship between D.X.G. Brito Globus Marketing& Business and the client(s), with the exclusion of every other law. Any dispute at first instance will be judged exclusively by the Court of First Instance of Aruba.
Article 23
All notices, requests, demands and other communications under an agreement must be in writing or via e-mail and will be deemed to have been duly given when delivered in person, sent by courier, registered mail, ordinary mail, e-mail or WhatsApp at the numbers and addresses of the parties indicated in the engagement letter or agreement. Each party will promptly notify the other party of any changes to its contact details.
Article 24
D.X.G. Brito Globus Marketing & Business may unilaterally change these GeneralTerms and Conditions at any time, notify the client by e-mail at least thirty calendar days in advance. Should the client not agree with these changes, then the client may terminate any agreement with D.X.G. Brito Globus Marketing & Business in writing by taking a notice period of thirty calendar days into consideration.