Article 1. Definitions
The capitalized definitions below have the following meaning in the context of these general terms and conditions:
- Information: all information or data made available by the Client to Blessed Beyond; all data produced or collected by Blessed Beyond in the context of the implementation of the Agreement; and any other information of any relevance to the performance or completion of the Agreement. The aforementioned information may or may not be stored on (in) material data carriers and may or may not be placed with third parties;
- Employee: a natural person employed by or associated with Blessed Beyond, whether or not on the basis of an employment contract;
- Agreement: the assignment agreement, under which Blessed Beyond commits itself to the Client to perform certain Work;
- Client: the natural person or legal entity who has commissioned Blessed Beyond to perform Work;
- Contractor: the person who has accepted the Assignment, from now on referred to as “Blessed Beyond”. All assignments are exclusively accepted and carried out by the company, not by or on behalf of an individual Employee, even if the Client has expressly or tacitly granted the assignment with a view to its execution by a specific Employee or specific Employees.
- Activities: all activities to be carried out by Blessed Beyond on behalf of the Client that have been commissioned and which have been accepted by Blessed Beyond, as well as all activities ensuing therefrom for Blessed Beyond.
Article 2. Applicability
- These general terms and conditions apply to: all offers, quotations, Assignments, legal relationships and Agreements, by whatever name, in which Blessed Beyond undertakes / will undertake to perform Work for the Client, as well as to all Work ensuing therefrom for Blessed Beyond.
- Deviations from and additions to the Order and/or these general terms and conditions are only valid if they have been expressly agreed in writing in, for example, a written Agreement or a further order confirmation.
- If any condition in these general terms and conditions deviates from a condition in the order confirmation, the condition included in the order confirmation applies with regard to the contradiction.
- These general terms and conditions also apply to any additional or follow-up orders.
- Natural and legal persons can also rely on these general terms and conditions, directly or indirectly in any way whatsoever, whether or not on the basis of an employment contract, who are involved in the services provided to the Client by or on behalf of Blessed Beyond.
- Blessed Beyond is at all times authorized to change or supplement the General Terms and Conditions, also for existing agreements. If there is a relevant change to the General Terms and Conditions, the Client will be informed about this.
Article 3. Offer
- The offer of the quotation is valid until 14 days after the date of dispatch.
- The quotation may contain printing and/or typographical errors.
Article 4. Details of the client
- The Client is obliged to make all Information that Blessed Beyond deems necessary for the correct execution of the Assignment in the desired form, in the desired manner and in a timely manner. Blessed Beyond determines what should be understood by timely, the desired form and the desired manner.
- The Client guarantees the correctness, completeness and reliability of the Information it provides, even if it originates from third parties, insofar as the nature of the Assignment does not dictate otherwise.
- The client indemnifies Blessed Beyond against damage that is the result of incorrect or incomplete information.
- For the account and risk of the Client, the extra costs and extra hours incurred by Blessed Beyond, as well as the other damage for Blessed Beyond, due to the Client’s failure to provide, timely or properly the Information necessary for the performance of the Work.
- Blessed Beyond has the right to suspend the execution of the Assignment until the Client has fulfilled the obligations referred to in the first paragraph.
Article 5. Execution of the order
- Blessed Beyond carries out the assignment to the best of its ability and with due observance of the applicable laws and regulations. The assignment will also be carried out on the basis of its knowledge, skills and expertise, without liability for results not achieved.
- Blessed Beyond determines the way in which the Assignment is carried out and by which Employee(s).
- Blessed Beyond has the right to have Work performed by a third party to be designated by Blessed Beyond.
- Blessed Beyond is not obliged to perform part of the assignment for a corresponding part of the stated price.
- Services and goods supplied by third parties for the performance of the work will be at the expense of the Client.
- The Agreement can be adjusted if it appears during the execution of the assignment that it is necessary to change or supplement the work. The associated financial or qualitative consequences of these changes will be communicated by Blessed Beyond and the related costs will be payable by the Client.
- The above changes will be invoiced after the wedding on the basis of actual costs.
- The client will announce the guidelines regarding the COVID-19 pandemic prior to the event. If the Client or its guests ignore these instructions or guidelines, this is entirely at their own expense and risk for those involved.
Article 6. Intellectual property
- All intellectual property rights that arise during or arise from the execution of the Assignment belong to Blessed Beyond.
- The Client is expressly prohibited from reproducing, publishing or exploiting the products covered by the intellectual property rights of Blessed Beyond, or products covered by intellectual property rights with regard to the use of which Blessed Beyond has acquired rights of use. This concerns, for example (but not exclusively): computer programs, system designs, working methods, advice, (model) contracts, reports, templates, macros and other mental products.
- The Client is not permitted to make the products referred to in the second paragraph available to third parties without the prior written consent of Blessed Beyond. This does not apply in the event that the Client wishes to obtain an expert opinion about the performance of the Work by Blessed Beyond. In that case, the Client will impose its obligations under this article on the third parties engaged by it.
Article 7. Force Majeure
- If the parties are unable to fulfill their obligations under the Agreement, or cannot fulfill them on time or properly, as a result of force majeure, those obligations will be suspended until the parties are still able to fulfill them in the agreed manner.
- If the situation as referred to in the first paragraph arises, the parties have the right to terminate the Agreement in whole or in part and with immediate effect in writing, without any right to compensation.
- If the cooperation is terminated due to a force majeure situation, Blessed Beyond is entitled to invoice the Work performed separately and in the interim and the Client must pay this invoice as if it concerned a separate transaction.
Article 8. Hourly rate and costs
- The Work performed by Blessed Beyond will be charged to the Client on the basis of time spent and costs incurred, unless the parties expressly agree otherwise, such as in an agreed package. Payment of the hourly rate does not depend on the result of the Work, unless otherwise agreed in writing.
- In addition to the hourly rate, the expenses incurred by Blessed Beyond and the invoices from third parties engaged by Blessed Beyond will be charged to the Client.
- If, after the Agreement has been concluded, but before the Assignment has been completed in full, the hourly rate or prices change Blessed Beyond has the right to adjust the agreed rate, unless expressly agreed otherwise.
Article 9. Payments
- Payment by the Client of the amounts owed to Blessed Beyond must be made within 10 days of the invoice date, without the Client being entitled to any deduction, discount, suspension or set-off, unless otherwise agreed. The day of payment is the day of crediting the amount owed to the account of Blessed Beyond.
- If the Client has not paid within the term referred to in the first paragraph, the Client will be in default by operation of law and Blessed Beyond will be entitled to charge the statutory (commercial) interest from that moment on.
- If the Client has not paid within the term referred to in the first paragraph, the Client is obliged to reimburse all judicial and extrajudicial (collection) costs actually incurred by Blessed Beyond. Reimbursement of the costs incurred is not limited to any costs ordered by the court.
- In the event of a joint Assignment, the Clients are jointly and severally liable for the payment of the invoice amount, the interest(s) and costs owed.
- If the financial position or the payment behavior of the Client gives rise to this in the opinion of Blessed Beyond, or if the Client fails to pay an advance or an invoice within the payment term set for that purpose, then Blessed Beyond is entitled to require the Client to immediately (additional) security in a form to be determined by Blessed Beyond. If the Client fails to provide the required security, then Blessed Beyond is entitled, without prejudice to its other rights, to immediately suspend the further performance of the Agreement and all that which the Client owes Blessed Beyond for whatever reason will be immediately due and payable.
- The following payment terms apply:
- 25% upon entering into the Agreement.
- 50% no later than 5 months before the start of the wedding.
- 25% at the latest 1 month before the start of the wedding.
Article 10. Terms
- If a term/date has been agreed between the Client and Blessed Beyond within which the Assignment must be performed and the Client fails to: (a) make an advance payment – if agreed – or (b) provide the necessary Information in a timely manner, in full, in the desired form and in the desired manner, the Client and Blessed Beyond will consult about a new term/date within which the Assignment must be performed.
- Terms within which the Work must be completed can only be regarded as a strict deadline if this has been expressly and in so many words agreed (in writing) between the Client and Blessed Beyond.
Article 11. Liability and disclaimer
- Blessed Beyond is not liable for damage suffered by the Client that arises because the Client has not provided any, incorrect or incomplete Information to Blessed Beyond, or because this information has not been provided on time.
- Blessed Beyond’ liability is limited to compensation for direct damage that is the direct result of a (related series of) attributable shortcomings in the execution of the Assignment. This liability for direct damage is limited to the amount that will be paid out according to the liability insurer of Blessed Beyond for the relevant case, increased by any deductible to be borne by Blessed Beyond under the insurance policy. Direct damage includes – inter alia – the reasonable costs incurred to determine the cause and extent of the damage; the reasonable costs incurred to have the performance of Blessed Beyond comply with the Agreement and the reasonable costs incurred to prevent or limit the damage.
- If, for whatever reason, the liability insurer does not pay out – as referred to in paragraph 2 of this article – Blessed Beyond’ liability is limited to the amount of the hourly rate charged for the execution of the Assignment.
- A related series of attributable shortcomings counts as one (1) attributable shortcoming.
- The limitations of liability included in this article do not apply if and insofar as there is intent or willful recklessness on the part of Blessed Beyond or its executive management.
- The Client is obliged to take damage-limiting measures. Blessed Beyond has the right to undo or limit the damage by repairing or improving the Work performed.
- The Client indemnifies Blessed Beyond against claims from third parties due to damage caused by the fact that the Client has not provided Blessed Beyond with any, incorrect or incomplete Information.
- The Client indemnifies Blessed Beyond against claims from third parties (including Employees of Blessed Beyond and third parties engaged by Blessed Beyond) who suffer damage in connection with the execution of the Assignment, which damage is the result of the Client’s acts or omissions or of unsafe situations in service company or organization.
- The provisions of paragraphs 1 to 8 of this article relate to both the contractual and the extra-contractual liability of Blessed Beyond towards the Client.
Article 12. Rights of suspension and cancellation
- After careful consideration of interests, Blessed Beyond is authorized to suspend the fulfillment of all its obligations, including the delivery of Information or other matters to the Client or third parties, until all due and payable claims against the Client have been paid in full.
- The Client can only cancel the Agreement in writing. In the event of cancellation of the Agreement, the following terms and amounts apply:
- Up to 12 weeks before the event, the cancellation costs amount to 50% of the amount agreed in the agreement.
- Up to 8 weeks before the event, the cancellation costs amount to 75% of the amount agreed in the agreement.
- Up to 2 weeks before the event, the cancellation costs amount to 80% of the amount agreed in the agreement.
- From 2 weeks before the event, the cancellation costs amount to 100% of the amount agreed in the agreement.
- Blessed Beyond is able to terminate the agreement with immediate effect without notice of default and without judicial intervention in the following cases.
- When the client has been granted a (provisional) suspension of payments.
- When it is suspected that the client will not fulfill his/her payment obligation.
- When bankruptcy has been filed for/by the client.
- When the client treats persons employed by the contractor improperly in any way. This includes, for example, intimidation, discrimination, etc.
- When the client infringes the rights of a third party.
- When the client does not respond to any form of correspondence during 14 days, with the exception of communicated holidays.
- When the client accepts the service in an unreasonable manner.
The work already performed will be charged to the Client upon termination of the Agreement.
Article 13. Complaints
- Complaints in connection with the work performed and/or the Agreement must be submitted in writing to Blessed Beyond within 8 days of the wedding at the latest.
- Complaints submitted after the stated term will not be processed.
- The Client will give Blessed Beyond the opportunity to further investigate the complaint. If the complaint is justified, Blessed Beyond will replace the delivered goods or arrange for a refund in accordance with the amount that is proportional.
- If it is established that the complaint is unfounded, the costs incurred by Blessed Beyond will be borne by the Client.
Article 14. Applicable law, choice of forum and privacy/confidentiality
- The Agreement is governed by Spanish law.
- All disputes will be settled by the competent court in the region where Blessed Beyond is located.
- In all disputes, before the intervention of the competent court, an oral consultation will first take place between the parties in order to reach a solution.
- The Client, Blessed Beyond and contracted third parties are obliged to maintain the confidentiality of all confidential information that they exchange in the context of the Agreement. Information is considered confidential if this has been reported by the other party or if this results from the nature of the information.
- By entering into the Agreement, the Client gives Blessed Beyond permission to use the resulting materials (e.g. wedding photos or videos made by third parties) on the website and social media of Blessed Beyond.
Article 15. Repair clause voidness
- If any provision of these general terms and conditions or of the underlying Agreement should be wholly or partly void and/or invalid and/or unenforceable, as a result of any statutory regulation, court decision or otherwise, this will not affect the validity of all other provisions of these terms and conditions or the underlying Agreement.
- If any provision in the Agreement or a part of the Agreement cannot be invoked by law, the remaining part of the Agreement will remain in full force, on the understanding that the provision on the part that cannot be invoked, must be deemed to have been adapted in such a way that an appeal to it is possible, whereby the intention of the parties with regard to the original provision or the original part is maintained as much as possible.