General Terms and Conditions

Article 1. Definitions

In these General Terms and Conditions, the following definitions apply:

• Leadverge: Leadverge B.V., established in Wijchen
• Client: The natural or legal person who purchases services from Leadverge
• Agreement: The total agreement between Leadverge and Client
• Services: The services provided by Leadverge to Client
• Leads: The contact details of potential customers provided by Leadverge

Article 2. Applicability

These General Terms and Conditions apply to all offers, agreements and services of Leadverge. Deviations are only valid if agreed in writing.

Article 3. Formation of Agreement

An agreement is formed by acceptance of an offer from Leadverge by the Client. The offer is non-binding and valid for 30 days, unless otherwise indicated.

Article 4. Effort vs. Result

Leadverge commits to providing services on a best-effort basis, not on a results basis. This means that Leadverge makes every effort to perform the agreed services, but does not guarantee specific results or numbers of leads, unless this has been explicitly agreed in writing.

Article 5. Client Obligations

The Client is obligated to:

• Provide correct and complete information to Leadverge
• Treat all provided information confidentially
• Use the Leads only for the intended purpose
• Comply with all applicable legislation when approaching persons
• Indemnify Leadverge against claims from third parties

Article 6. Compliance and Regulations

The Client is responsible for compliance with all applicable legislation, including GDPR, when using the data provided by Leadverge. Leadverge is not liable for damage resulting from the Client approaching persons.

Article 7. Liability

This is the key article for risk limitation:

• Leadverge is not liable for damage arising from Leadverge relying on incorrect and/or incomplete information provided by or on behalf of the Client.
• Leadverge is only liable for direct damage if there is intent or deliberate recklessness.
• Leadverge's liability for indirect damage (consequential damage, lost profits, missed savings, reputational damage, business stagnation, imposed fines) is excluded at all times.
• If Leadverge is liable for any damage, the liability is limited to a maximum of the invoice amount for the relevant month. For assignments longer than three months, this is limited to the invoice amount for the last three months.
• Total liability for direct damage will not exceed the amount paid out by Leadverge's insurer.
• Leadverge is not liable for the non-functioning of third-party platforms (LinkedIn, Google, email providers) or for blocking/suspending accounts as a result of outreach activities.

Article 8. Indemnification

The Client indemnifies Leadverge against any claims from third parties who suffer damage in connection with the execution of the agreement. In particular, the Client indemnifies Leadverge against claims relating to intellectual property rights and against fines or claims under privacy legislation.

Article 9. Contract Duration and Termination

• The agreement is entered into for the duration specified in the offer. Without termination, the agreement is tacitly renewed for the same period.
• Termination must be done in writing with a notice period of one (1) month before the end of the term.
• Leadverge is entitled to suspend the fulfillment of obligations or dissolve the agreement if the Client fails to fulfill its obligations, in full or on time.

Article 10. Payment

• Payment must be made within 14 days of the invoice date, in a manner indicated by Leadverge.
• If the Client fails to pay on time, the Client is in default by operation of law and owes statutory commercial interest.
• Objections to the amount of an invoice do not suspend the payment obligation.

Article 11. Confidentiality and Intellectual Property

• Both parties are obligated to maintain confidentiality of all confidential information.
• All documents provided by Leadverge (reports, advice, designs, software, methods) remain the intellectual property of Leadverge and may not be reproduced or published without permission. The delivered Leads themselves become the property of (or are transferred in right of use to) the Client upon payment.

Article 12. Applicable Law and Disputes

• Dutch law exclusively applies to all legal relationships to which Leadverge is a party.
• The court in the district where Leadverge is established has exclusive jurisdiction to hear disputes, unless the law mandatorily provides otherwise.