Terms and Conditions

These Terms and Conditions (“Terms”) apply to all offers, proposals, services, and agreements between NovaCresco BV (“we”, “our”, or “us”) and its clients (“you”, “your”, or “Client”), unless otherwise agreed in writing. By engaging our services, you agree to be bound by these Terms.

The applicability of any purchasing or other conditions of the Client is explicitly rejected.

NovaCresco BV provides business-to-business consultancy services, including but not limited to:
Digital marketing and SEO; sales optimization and CRM implementation; business development and market entry; executive recruitment and head-hunting; strategic advisory and interim management.

Services are delivered based on retainer, project-based and performance-based agreements or a mixture of these.

NovaCresco BV will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of the art known at that time. NovaCresco BV has the right to have certain activities performed by third parties. NovaCresco BV remains responsible for the quality of services provided by any subcontracted parties.

All quotations and proposals are non-binding unless explicitly stated otherwise. An agreement is concluded only after written confirmation and signing by both NovaCresco BV and the Client.

Prices are stated in euros (€), excluding VAT and other applicable taxes.
Retainer and recurring services are invoiced monthly in advance; project and performance-based work may be invoiced in phases or milestones.
Payment terms are strictly within 14 days from invoice date.
In case of late payment, NovaCresco BV reserves the right to:

• Suspend services
• Charge statutory commercial interest (per Article 6:119a Dutch Civil Code)
• Recover legal and collection costs.

Either party may terminate the agreement in writing with one (1) month’s notice. Either party may terminate immediately for cause in the event of material breach or insolvency of the other party.

Early termination of fixed-term contracts is not allowed unless mutually agreed.
Upon termination, any outstanding fees for services rendered or committed shall become immediately due.

The Client shall provide accurate, timely, and complete information necessary for service delivery. Cooperate in good faith and provide reasonable access to personnel or systems, as required. Remain responsible for implementation of advice unless expressly contracted otherwise.

Both parties shall treat all confidential information, trade secrets, and business data as strictly confidential and shall not disclose it to third parties without prior written consent, except as required by law.

All methodologies, materials, reports, and deliverables remain the intellectual property of NovaCresco BV unless otherwise agreed in writing. The Client is granted a non-exclusive, non-transferable license to use deliverables for internal purposes only.

NovaCresco BV’s liability is limited to the amount paid by Client in the 6 months preceding the claim, for the specific services from which the claim arises, with a maximum of €10,000. NovaCresco BV is not liable for indirect damages, including but not limited to lost profits or missed opportunities. Liability for damages caused by intent or gross negligence, as defined under applicable Dutch law, is not excluded. Liability is at all times limited to a maximum of the amount of the payment to be made by the insurer of NovaCresco BV in the event in question.

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, cyber attacks, or government restrictions.

These Terms are governed by Dutch law. Any disputes arising shall be submitted exclusively to the competent court in Noord-Brabant, The Netherlands.