General Terms and Conditions
March 2024
1. Applicability
1.1. The general terms and conditions apply to every agreement for services between a client and PeakPersonality (hereinafter: “PP”), as well as all persons affiliated with and all third parties engaged by PP for the execution of any instructions.
1.2. In case of conflict between the general terms and conditions and the agreement, the provisions of the agreement shall prevail.
2. Execution of the Engagement
2.1. PP shall provide all services to the best of its ability and in accordance with professional standards. Accordingly, PP shall only be bound by and liable for a best-efforts obligation regarding the intended services.
2.2. PP shall determine the way the engagement will be executed and by whom. In situations in which the engagement is explicitly intended to be performed by a specific natural person, the Articles 7:404 and 7:407(2) of the Dutch Civil Code will not apply.
2.3. PP may engage third parties for the execution of instructions, including applications to share or store data in a cloud or otherwise. If PP engages a third party, PP is not liable towards the client for any damage caused by an action or omission made by this third party, unless the claim is a result of a professional error on the part of PP.
3. Use of Services
3.1. The client agrees to use the services provided by PP in an ethical manner and in full compliance with all applicable laws and regulations, including but not limited to those related to sports ethics and business conduct.
4. Data and Privacy
4.1. In the context of the services rendered to the client by PP,the client acknowledges and agrees that PP , as data controller, collects and processes certain personal data relating to the client, its athletes, employees, as well as other personal data provided by the client in the framework of our services.
4.2. PP will process this personal data in compliance with the applicable data protection legislation (including the EU General Data Protection Regulation 2016/679 and its national implementing legislation).
4.3. PP will use these personal data for the purpose of helping improve the performance of the clients individual athletes or employees and the overall performance of the client. The data may when needed for these purposes be communicated to third parties. The negotiations of these engagements shall be governed by the laws of the Netherlands.
4.4. Unless explicitly agreed otherwise, any anonymized or aggregated data generated by PP during the engagement may be used by PP for research, development and improvement of its services.
4.5. The client shall indemnify PP for any damage suffered by the unlawful use of its personal data by third parties who were not authorized to do so, except if PP is in any way responsible for the event giving rise to the damage.
5. Fee and Payment
5.1. The client will owe PP the agreed fee.
5.2. Unless it is explicitly indicated otherwise, fees and expenses owed by the client will be increased by the applicable turnover tax (VAT) as required by law.
5.3. The services rendered shall in principle be charged on a term agreed with the client, subject to payment within 14 days from the date of the invoice.
6. Intellectual Property
6.1. PP reserves all intellectual property rights in relation to products of the intellect that PP has developed within the framework of the execution of the engagement in respect of which PP holds or can exercise copyrights or other intellectual property rights.
6.2. It is explicitly prohibited to reproduce, publish, or use for commercial purposes, whether alone or involving third parties, the products PP has developed, including our reports and designs. It is only allowed to reproduce the written documents for own internal use insofar as this is in line with the purpose of the engagement.
7. Termination of the Agreement
7.1. The client may terminate the engagement at any time, but only by giving written notice.
7.2. PP reserves the right to terminate the engagement immediately if it becomes aware of any use of it services that it deems unethical or illegal.
7.3. If the engagement is terminated, the client will owe the fees for the work carried out by PP before the end of the engagement.
8. Governing Law
8.1 All engagements contracted between the parties and the negotiations of these engagements shall be governed by the laws of the Netherlands.