GENERAL TERMS AND CONDITIONS – SYMBLINGS AGENCY

1. COMPANY DETAILS

Symblings Agency

Gondel 1, 1186MJ, Amstelveen, The Netherlands

KvK: 89079698

Bank: NL29 ABNA 0119 3329 30

Email: wouter@symblings.com & tim@symblings.com

2. DURATION OF THE AGREEMENT

The duration of this agreement is as specified in the accompanying Proposal. For services provided on a monthly or ongoing basis, the agreement will automatically renew on a monthly basis unless either party gives written notice of termination at least one (1) calendar month prior to the renewal date. This automatic renewal applies only to ongoing services and does not extend to one-time payments or projects, which will terminate upon completion as defined in the Proposal.

3. PAYMENT TERMS

3.1 All prices listed are exclusive of VAT. Payment terms are set at 14 days from the date of the invoice unless otherwise stated.

3.2 Monthly payments for services, where applicable, will be invoiced on the first day of each month.

3.3 Payments should be transferred to:

• Symblings Agency
• Gondel 1, 1186MJ, Amstelveen, The Netherlands
• Bank: NL29 ABNA 0119 3329 30

3.4 In case of overdue payments exceeding 60 days, Symblings Agency reserves the right to pause its services until payments are received. Missed work will be resumed in the following month. The suspension of services due to non-payment does not void this agreement. The obligations under the agreement remain binding on both parties.

3.5 Symblings Agency reserves the right to charge interest on overdue payments at a rate of 2% per month, or the maximum rate allowed by law, whichever is higher.

4. RESPONSIBILITIES OF THE CLIENT

4.1 The client is responsible for providing necessary materials, content, and access to accounts in a timely manner. Delays caused by the client’s failure to provide the required information will not affect agreed-upon timelines.

4.2 If Symblings Agency acquires licenses for the client during the term of the agreement, the client will bear these costs for its duration. Unless stipulated otherwise, these costs will be incorporated into the agreed-upon monthly or yearly fees.

Upon termination of the agreement, the client is solely responsible for continuing these licenses if required. Symblings Agency cannot be held liable for costs related to licenses after the termination of the agreement.

5. LIMITATION OF LIABILITY

5.1 Symblings Agency will operate under an obligation of effort to deliver services according to agreed standards. However, the agency does not assume an obligation of result, such as improved search engine rankings or increased sales, and shall not be held liable for failure to achieve specific outcomes.

5.2 Symblings Agency is not responsible for external factors, such as changes in search engine algorithms, updates by third-party platforms (e.g., Google, Facebook), or other external variables that could affect service results.

5.3 The client assumes all liability for third-party actions, including delays or failures from third-party providers (such as hosting, content providers, or platforms) not contracted directly through Symblings Agency.

5.4 The client’s liability is limited to the fees payable under this agreement. Neither party shall be liable for indirect, incidental, or consequential damages, such as lost profits, even if advised of the possibility of such damages.

6. INTELLECTUAL PROPERTY AND LICENSES

6.1 The client retains ownership of all pre-existing trademarks, logos, and copyrighted material used in conjunction with the services provided. Symblings Agency is granted a non-exclusive, non-transferable license to use, reproduce, and modify such materials solely for the performance of services under this agreement.

6.2 Upon termination of this agreement, Symblings Agency’s license to use the client’s intellectual property will immediately cease.

6.3 Any content or materials created by Symblings Agency during the course of this agreement remain the property of the client after full payment for Symblings Agency’s services has been received.

7. TERMINATION AND CANCELLATION

7.1 This agreement is for a fixed term as specified in the Proposal. Neither party may terminate this agreement before the end of the agreed term unless there is a material breach of the agreement as described in section 7.2.

7.2 If either party materially breaches a term of this agreement, the non-breaching party may provide written notice of the breach. If the breaching party fails to remedy the breach within seven (7) days of receiving such notice, the non-breaching party may terminate the agreement with immediate effect.7.3 At the end of the yearly contract period, the client may terminate the agreement by providing written notice at least one (1) calendar months prior to the intended end date. If no notice is given, the agreement will automatically renew for ongoing services on a monthly basis under the same terms. One-time projects and payments are excluded from this automatic renewal and will terminate upon completion as outlined in the Proposal.

7.4 Symblings Agency reserves the right to terminate the agreement immediately if the client fails to pay overdue amounts or violates any material terms set out in this agreement.

7.5 Upon termination, all services will cease, and Symblings Agency will return or destroy any proprietary information as required by Section 8 (Confidentiality).

8. CONFIDENTIALITY

8.1 Both parties agree to protect each other’s confidential information, including trade secrets and proprietary data, from unauthorized disclosure.

8.2 Confidential information shall only be used for purposes related to this agreement and shall not be disclosed to third parties without prior written consent.

8.3 Upon termination, each party will return or destroy any confidential information of the other party, regardless of whether the information is in physical or electronic form.

8.4 This section will survive the termination of the agreement.

9. DISPUTE RESOLUTION

9.1 Negotiation: The parties agree to first attempt to resolve any dispute through good faith negotiation.

9.2 Mediation/Arbitration: If negotiation fails, either party may initiate mediation or binding arbitration in a mutually agreed forum.

9.3 Litigation: This agreement is governed by Dutch law. Disputes arising under this agreement shall be resolved in the competent courts of Utrecht.

9.4 Attorney’s Fees: The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and costs.

10. NO EXCLUSIVITY

10.1 This agreement is non-exclusive, meaning both parties are free to enter into similar agreements with third parties, unless otherwise agreed in writing.

11. AMENDMENTS

11.1 This agreement may only be amended in writing and with the consent of both parties.

12. SEVERABILITY

12.1 If any provision of this agreement is found to be invalid or unenforceable, the remainder of the agreement shall continue in full force and effect.

13. NOTICES

13.1 All notices under this agreement must be sent by email with receipt confirmation or registered mail to the addresses listed in this agreement.