Terms and conditions

These Terms and Conditions outline the legal obligations and agreements that apply when using our services or website. By engaging with Dorst & Lesser, you agree to abide by these Terms. Please read them carefully before proceeding.

1. Definitions

• Client: The individual or entity requesting services from Dorst & Lesser.
• Contractor: Dorst & Lesser, the service provider.
• Parties: The Client and the Contractor collectively.
• Assignment: The Client’s request for the Contractor to perform specified work, whether or not for payment.
• Documents: All materials, data, or information provided by the Client to the Contractor for the execution of the Assignment.
• Work: Any activities performed or arranged by Dorst & Lesser for the Client as part of the Assignment.
• Quotation: An estimate prepared by Dorst & Lesser detailing the scope of the Work and the associated costs.

2. Applicability

• These Terms and Conditions apply to all services, Assignments, and agreements between Dorst & Lesser and the Client unless otherwise agreed in writing.
• Any deviations from these Terms and Conditions, including any used by the Client or third parties, are only binding if confirmed in writing by Dorst & Lesser.

3. Client Obligations

• The Client is responsible for providing all required Documents, information, and materials necessary for the execution of the Work, ensuring these are accurate, complete, and provided on time.
• The Client guarantees the correctness and completeness of the provided Documents, even if they originate from third parties.
• Dorst & Lesser is not liable for any damages or delays resulting from the Client’s failure to provide accurate or complete information.
• The Client agrees to cover any additional costs incurred by Dorst & Lesser due to delays or inaccuracies in the Documents provided.
• Upon request, Dorst & Lesser will return original Documents supplied by the Client.

4. Quotations and Acceptance

• All Quotations from Dorst & Lesser are non-binding unless explicitly agreed otherwise in writing.
• If the Client accepts a Quotation, an agreement is established once Dorst & Lesser confirms the Assignment in writing or when the Work begins.
• Any changes in the scope or cost of services due to external factors (e.g., third-party fees, market conditions) may result in an adjustment to the original Quotation, which will not be considered an overrun.
• If no formal written agreement is made before starting the Work, the Quotation and these Terms and Conditions will govern the Assignment. Dorst & Lesser will keep the Client informed of the costs and any significant changes.

5. Prices and Payment Terms

• All prices quoted by Dorst & Lesser are exclusive of VAT, travel, and other expenses unless otherwise specified.
• Dorst & Lesser may request an advance payment before commencing Work.
• Prices in Quotations may be adjusted due to changes in third-party pricing or market factors after the Quotation is issued.
• Payments must be made within 30 days of the invoice date unless otherwise agreed. Late payments may incur a statutory interest rate plus an additional 2%.
• If the Client fails to make payments on time, Dorst & Lesser reserves the right to suspend services or withhold deliverables until payment is made.
• All collection costs, including legal fees, resulting from non-payment will be charged to the Client.

6. Modifications to Assignments

• The Client must promptly notify Dorst & Lesser in writing of any changes to the Assignment.
• Changes to the Assignment may result in additional costs, which will be the responsibility of the Client.
• Any delays or adjustments to timelines due to changes made by the Client will not result in liability for Dorst & Lesser.

7. Engagement of Third Parties

• Dorst & Lesser reserves the right to engage third parties to assist in completing the Assignment, with prior notification to the Client.
• Any costs related to the engagement of third parties will either be billed to the Client or passed through directly, depending on the agreement.
• The Client is responsible for payments directly to third parties, unless otherwise agreed in writing.

8. Liability and Indemnification

• Dorst & Lesser will perform all Work with due care and professionalism. However, the Client remains responsible for the final use of all deliverables.
• Dorst & Lesser’s liability for direct damages is limited to the amount invoiced for the specific Assignment.
• Dorst & Lesser is not liable for indirect damages such as loss of profits, missed savings, or business interruptions.
• The Client agrees to indemnify Dorst & Lesser from any claims by third parties relating to the use of deliverables or other results of the Work.

9. Intellectual Property and Licensing

• Dorst & Lesser retains all intellectual property rights to any materials, designs, and content created unless otherwise agreed in writing.
• Upon full payment, the Client is granted a non-transferable, exclusive license to use the materials produced for the specific purpose agreed upon in the Assignment.
• The Client may not alter or modify the deliverables without prior written consent from Dorst & Lesser.
• Dorst & Lesser retains the right to use the materials created for the Client for internal or promotional purposes, such as case studies, portfolios, or awards submissions.

10. Confidentiality

• Both Parties agree to treat any confidential information shared during the course of the Assignment with strict confidentiality, unless disclosure is required by law or agreed to by both Parties.
• Confidential information includes but is not limited to business data, strategies, and materials provided by the Client or Contractor.

11. Termination of Agreement

• Either Party may terminate the agreement if the other Party fails to comply with the contractual obligations after reasonable notice.
• Upon termination, the Client is responsible for paying all outstanding fees for the Work performed up to the date of termination.
• In case of early termination by the Client, Dorst & Lesser is entitled to compensation for any work completed, as well as any third-party costs already incurred.

12. Force Majeure

• Dorst & Lesser is not liable for delays or inability to perform due to unforeseen circumstances beyond its control, including but not limited to natural disasters, strikes, or governmental restrictions.
• In the event of force majeure, Dorst & Lesser reserves the right to suspend or terminate the Assignment without being held liable for any compensation to the Client.

13. Governing Law and Disputes

• These Terms and Conditions are governed by the laws of the Netherlands.
• Any disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the competent courts in the district where Dorst & Lesser is registered.

14. Amendments

• Dorst & Lesser reserves the right to modify these Terms and Conditions. Any changes will be communicated to the Client, and continued use of the services implies acceptance of the updated terms.
• The most recent version of the Terms and Conditions will always be available on the Dorst & Lesser website.

15. Severability

• If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Contact Information

For any questions or concerns about these Terms and Conditions, please contact Dorst & Lesser at:

• Email: niels@dorstenlesser.nl
• Phone: (+31) 0207220074
• Address: Overtoom 373D, 1054JN Netherlands

This version ensures clarity and completeness while covering the essential legal and business aspects needed to protect both Dorst & Lesser and the Client.