General Terms and Conditions of ByBoek

Article 1 – Definitions

1.1 Agreement: All written and/or oral agreements agreed upon by ByBoek and the Client regarding the content and execution of the Work.
1.2 Client: A person or legal entity instructing ByBoek regarding the Work.
1.3 ByBoek: ByBoek, having its registered office at Lange Leidsedwarsstraat 206, 1017NR Amsterdam, and registered at the Dutch Chamber of Commerce with the number 69143668.
1.4 Fee: The agreed-upon compensation between ByBoek and the Client in return for carrying out the Work.
1.5 Quotation: The specified Work ByBoek intends to execute on behalf of the Client, as well as the budget regarding costs related to the Work.
1.6 Work: All services, including but not limited to asset, world, and character creation, interactive experience development, and production management, provided by ByBoek on behalf of the Client.

Article 2 – Applicability

2.1 These terms apply to all relationships between ByBoek and the Client, including Work described in the Quotation unless explicitly agreed otherwise in writing.
2.2 Deviations from these terms are valid only if explicitly agreed in writing.
2.3 ByBoek retains the right to amend these terms.

Article 3 – Execution of the Agreement

3.1 ByBoek shall execute the Agreement with care, professionalism, and in accordance with industry standards.
3.2 ByBoek may involve third parties if necessary for proper execution.
3.3 Research into third-party intellectual property rights (e.g., patents, trademarks) is not included in the Work unless explicitly agreed otherwise.

Article 4 – Quotations

4.1 All Quotations are non-binding and valid for 14 days unless specified otherwise.
4.2 Quotations become binding upon written confirmation by ByBoek.
4.3 Prices in Quotations are exclusive of VAT and other related costs.
4.4 If the Client cancels an assignment, they are liable for costs incurred by ByBoek, including but not limited to preparation and direct or indirect damages.

Article 5 – Fees and Payment

5.1 Fees are based on agreements per project or hourly rates as applicable.
5.2 Payment terms are 30 days from the date of invoice.
5.3 Late payments incur interest of 1% per month or the statutory interest rate, whichever is higher.

Article 6 – Intellectual Property

6.1 All intellectual property rights arising from the Work remain the exclusive property of ByBoek unless agreed otherwise in writing.
6.2 Upon full payment, the Client acquires a non-exclusive license to use the Work for its intended purpose.
6.3 ByBoek retains the right to feature completed Work on its website or in promotional materials, ensuring confidentiality unless permission is granted.

Article 7 – Liability and Force Majeure

7.1 ByBoek’s liability for damages is limited to the invoiced amount of the relevant Work, excluding VAT. Indirect damages, such as lost profits, are not covered.
7.2 ByBoek is not liable for damages arising from incorrect or incomplete information provided by the Client.
7.3 ByBoek is not liable for delays or non-performance caused by force majeure, including but not limited to natural disasters, cyberattacks, or other unforeseen events beyond its control.

Article 8 – Confidentiality

8.1 Both parties agree to maintain confidentiality regarding information disclosed in connection with the Agreement.
8.2 Confidentiality does not apply if disclosure is required by law or court order.

Article 9 – Termination

9.1 Either party may terminate the Agreement in cases of material breach or insolvency.
9.2 Upon termination, the Client is obligated to pay for Work completed up to the termination date.

Article 10 – Governing Law and Disputes

10.1 These terms are governed by Dutch law.
10.2 Disputes will be resolved by the competent court in Amsterdam, unless agreed otherwise.