- These general terms and conditions (General Conditions) of Privacy Valley BV (Privacy Valley), located in Amsterdam, The Netherlands (Chamber of Commerce: 69284628), apply to all services provided by or on behalf of Privacy Valley to a customer (Customer), whether these services are performed in the capacity of lawyer, legal counsel, privacy officer, mediator or otherwise. All services are delivered subject to the exclusion of the applicability of articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code.
- These General Conditions shall be applicable for the benefit of all (former and current) employees, sub-contractors, free-lancers and others who work in any capacity with Privacy Valley and its successors.
- Any liability of Privacy Valley and/or persons listed under 2) above is limited to the amount paid under Privacy Valley’s professional liability insurance or company insurance in relation to the cause of the liability. Privacy Valley shall at all times maintain adequate professional liability insurance with a minimum cap of 1 million Euro per claim and per year. If, for whatever reason, the insurer makes no payment under this insurance, any and all liability of Privacy Valley is limited to the amount paid by the claiming Customer in the 12 months prior to the cause of action giving rise to the claim with a maximum of EUR 25,000.
- Privacy Valley will consult with Customer before it engages third parties in the delivery of services and will in any event act diligently when choosing a third- party contractor. Privacy Valley shall not be liable for any shortcomings of these third parties toward Customer if any such third party has been contracted at the request of Customer.
- The services of Privacy Valley are delivered exclusively for the benefit of the Customer. Third parties cannot derive any rights from the services delivered by Privacy Valley to the Customer.
- All (written) advice, documents and/or the content of other services and products provided by Privacy Valley (Content) may be submitted to third parties only subject to the applicability of these General Conditions. Without the prior written consent of Privacy Valley, the third party is not entitled to use this Content. If permission is given, these General Conditions bind the third party.
- Subject to any fixed or capped price quote, Privacy Valley may change its fees annually and it will notify Customer in writing at least 30-days before the (intended) fee change.
- Unless agreed otherwise, Privacy Valley invoices on a monthly basis. Privacy Valley’s services are subject to a payment term of 14 days from the invoice date. Privacy Valley is entitled to request an advance payment. When an invoice remains unpaid after the aforementioned period, the Customer is automatically in default without further notice being required. Outstanding payments are subject to a late payment interest of 1% of the outstanding principal sum per month.
- Collection fees are charged in accordance with the Dutch statutory collection cost scheme. Before charging collection fees, Privacy Valley will send a final written notice granting the Customer a 7-day period for payment of all outstanding fees.
- In case of non or late payment of invoices, regardless of what these relate to, Privacy Valley has the right to suspend or terminate the services and/or work. This does not affect Customer’s obligation to pay the outstanding invoices on time. Privacy Valley is entitled to deduct an advance paid by the Customer with Customer’s unpaid invoices.
- Privacy Valley will maintain files regarding a Customer for the duration of our services. Customer shall, not later than 30 days after termination of the services of Privacy Valley, notify Privacy Valley if it requires Privacy Valley to send its files to Customer. Thereafter, Privacy Valley may delete these without further advance notice to Customer.
- Dutch law shall govern the legal relationship between Customer and Privacy Valley, and any disputes hereunder shall be resolved exclusively by the competent court in Amsterdam, the Netherlands.
- There General Conditions can be amended periodically by Privacy Valley upon 30-day written notice to Customer. The most up to date version can be found on our website, or they can be requested via e-mail.
Version 2020-10
