Article 1 – Applicability

1. These general terms and conditions apply to all offers, agreements, assignments, and deliveries by Our Talents, unless explicitly agreed otherwise in writing.
2. Deviations from these terms are only valid if confirmed in writing by Our Talents.

Article 2 – Offers and agreements

1. All offers by Our Talents are without obligation, unless expressly stated otherwise.
2. An agreement is concluded when the client accepts the offer in writing or by e-mail, or when Our Talents actually commences the execution of the assignment.

Article 3 – Payment and terms

1. Invoices must be paid within 14 days from the invoice date, unless otherwise agreed in writing.
2. Payment shall be made to IBAN (invoice) in the name of Our Talents.
3. If the client fails to pay within the stipulated period, they are in default by operation of law, without further notice of default.
4. From that moment, the client owes interest of 1% per month on the outstanding amount, or – if higher – the statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code.

Article 4 – Administrative and collection costs

1. In case of late payment, Our Talents may charge administrative fees of €25 per reminder.
2. If payment is still not received after a reminder, the client shall also owe extrajudicial collection costs in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs (BIK), with a minimum of €40.
3. All judicial and extrajudicial collection costs are fully borne by the client.

Article 5 – Suspension and intellectual property retention

1. Our Talents is entitled to suspend its services as long as invoices remain unpaid.
2. All documents, reports, advice, proposals, designs, quotations, and other materials provided by Our Talents remain the intellectual property of Our Talents, regardless of whether payment has been made.
3. These materials may not be reproduced, published, or shared with third parties without prior written consent from Our Talents.
4. The client only acquires the right to use the delivered advice or results after full payment has been received.

Article 6 – Mediation and intermediary activities

1. Our Talents acts solely as an intermediary or advisor and is not responsible for decisions, agreements, or actions of third parties introduced to the client through Our Talents.
2. Our Talents will exercise due care in selecting and advising candidates, partners, or other parties, but cannot be held liable for any damages resulting from the acts or omissions of such third parties.
3. The client indemnifies Our Talents against all third-party claims arising from mediation or advisory work performed by Our Talents.

Article 7 – Liability

1. Our Talents is only liable for direct damage demonstrably resulting from intent or gross negligence.
2. Liability is in all cases limited to the invoice amount of the relevant assignment.
3. Our Talents shall not be liable for indirect damage, consequential loss, or loss of profit.

Article 8 – Force majeure

1. In the event of force majeure, including but not limited to illness, government measures, strikes, technical failures, or other circumstances beyond the control of Our Talents, the company shall not be obliged to fulfil its obligations.
2. In such cases, the execution of the agreement will be suspended for the duration of the force majeure situation.

Article 9 – Confidentiality

Both parties shall maintain strict confidentiality regarding all confidential information obtained in connection with the agreement.

Article 10 – Applicable law and disputes

1. All legal relationships between Our Talents and the client are governed by Dutch law.
2. Any disputes shall be submitted exclusively to the competent court in s’Hertogenbosch, the Netherlands.

Article 11 – Final provision

Our Talents reserves the right to amend these terms and conditions. The most recent version is always available at www.o-tgroup.com or upon request by e-mail.