GENERAL TERMS & CONDITIONS

Effective Date: June 1st 2024

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1. Introduction

These terms and conditions ("Terms") apply to all services provided by Fire Bird Digital ("Fire Bird," "we," "us," or "our") to you ("Client," "you," or "your").

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2. Definitions

Agreement: Any agreement between Fire Bird and the Client, including these Terms and any additional documents.
Project: The specific work Fire Bird agrees to perform for the Client under the Agreement.
Quotation: A written offer from Fire Bird outlining the scope of services, fees, and other terms for a Project.

3. Quotes and Acceptance

All quotes are valid for 30 days unless otherwise stated.
Accepting a quote creates a binding Agreement between Fire Bird and the Client.
Quotes exclude VAT, regular office costs, and any costs incurred during the Project.

 

4. Project Execution

We'll perform the Project to the best of our ability, following industry standards and best practices.
You'll provide all necessary information in a timely manner.
Delays caused by missing information may impact timelines and fees.
You'll have the opportunity to review and approve deliverables before we proceed.
We reserve the right to subcontract parts of the Project.

5. Fees and Payment

All fees exclude VAT, advertising costs, and project-specific tools.
We may charge an hourly rate or a fixed fee based on the Project scope.
A 50% upfront payment is required before starting the Project.
The remaining balance is due within 30 days of invoicing.
Late payments will accrue interest and may result in suspending services.

6. Changes to the Agreement

Any changes to the Agreement must be made in writing and signed by both parties.
Changes may affect the Project timeline and fees.

7. Confidentiality

Both parties agree to keep confidential all information received during the Project.

 

8. Intellectual Property

We retain ownership of all intellectual property rights created by Fire Bird, unless otherwise agreed.
You receive a license to use the Project deliverables for the agreed purpose, period, and media.

 

9. Termination

Either party may terminate the Agreement with written notice (one month for Clients, immediate for us if you breach the Agreement).
In case of termination, you'll be responsible for paying for work completed and any associated costs.

 

10. Warranties and Disclaimer

We cannot guarantee the outcome of the Project, as it depends on various factors.
We are not liable for damages arising from incorrect or incomplete information provided by you.

 

11. Limitation of Liability

Our liability for any claim is limited to the amount paid by our insurance for that specific claim.
In the absence of insurance coverage, our liability is limited to the fee for the Project or a portion of it.
We are not liable for indirect or consequential damages.

 

12. Dispute Resolution

Any dispute arising from these Terms will be governed by Dutch law and settled in the Dutch courts.

 

13. Entire Agreement

These Terms constitute the entire agreement between you and Fire Bird and supersede any prior or contemporaneous communications.

 

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

 

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands.

 

16. Waiver

Our failure to enforce any provision of these Terms will not be construed as a waiver of such provision.

 

17. Contact Us

If you have any questions about these Terms, please contact us at [email protected]