General Terms & Conditions
Version June 28th 2019
- Terms of Services
‘Next Big Brand’ may revise the General Terms at any time without notice. You should revisit this Site periodically to ensure you are up to date and aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.
‘Next Big Brand’, is an marketing consultancy that advises companies in the Software-as-a-Service (SaaS) and related industries, providing sales, marketing, research and analysis services. As part its services, Next Big Brand also provides advice on the brand and online (internet) footprint.
- Use of the Site
- A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
- Logging into or attempting to log into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site or Services;
- Interfering with, intercepting or expropriating any system, data or information; or
Interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.
- B. “Spam” and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
- C. Infringement. You are prohibited from using the Site or Services to infringe on any person’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
- D. Other Prohibited Actions. In using the Site or Services, you must not:
- Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that ‘Next Big Brand’ in its sole discretion does not wish posted or transmitted on the Site and Services;
- Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
- Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
- Engage in conduct which could damage or impair the intended operability of the Site or the Services.
- Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
- Engage in deceptive online marketing; or
- Assist or permit any persons in engaging in any of the activities described above.
- ‘Next Big Brand’
Registered: The Netherlands Chamber of Commerce, having address, Herengracht 282, 1016 BX, Amsterdam
‘Next Big Brand’ shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site or the contents on this Site or the performance of the Site, or any products described on this Site, even if ‘Next Big Brand’ has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you are dissatisfied with any portion of the Site or with any of these terms, your sole and exclusive remedy is to discontinue using the Site.
5.1 Any liability of Next Big Brand towards the client for damages relating to its services shall be limited to the amount that will be paid out under the professional liability insurance(s) of Next Big Brand by the insurer(s) in the matter concerned, which amount shall be maximized to the total invoice amount paid by the client to Next Big Brand for the services to which the damages directly relate. Upon request, the client will be provided with information on the professional liability insurance(s) of Next Big Brand
5.2 Next Big Brand shall in any event not be liable for any indirect and/or consequential damages, including (but not limited to) loss of profits and loss of sales.
5.3 Next Big Brand shall be notified as soon as possible in writing by the client of any alleged damages for which the client intends to hold Next Big Brand liable, ultimately within 30 (thirty) days from the date on which the client became aware or reasonably should have become aware of the alleged damages, accompanied by a proper substantiation of such alleged damages, after which term any claim for damages shall lapse.
5.4 Any claim against Next Big Brand shall in any event lapse after 12 (twelve) months from the date of the most recent invoice pertaining to the services of Next Big Brand, to which the claim directly relates.
5.5 Next Big Brand shall not be liable for any damages or losses caused by any third persons involved in the provision of services to the client.
- Applicable Law and Dispute Resolution
This Agreement shall be governed by the laws of The Netherlands, you and ‘The Next Big Brand’ designate the courts of The Netherlands, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
The Next Big Brand are registered in the Amsterdam Chamber of Commerce, having Address: Herengracht 282, 1016 BX, Amsterdam The Netherlands.