Terms & Conditions

ARTICLE 1 – DEFINITIONS

1.1 Brandsparkle Brand Consultancy: The company Brandsparkle, located at Molenbeekstraat 20H, 1078 XD Amsterdam, registered with the Chamber of Commerce under number 68789858.

1.2 Brand Consultant: Kathryn Maat, hereinafter referred to as Kate Maat, acting as an independently established Brand Consultant – Career Coach – Brand Strategist – Brand Mentor – and Brand Communication Expert.

1.3 Client: the natural or legal person who has entered into an agreement with Brandsparkle.

1.4 General Terms and Conditions: the entirety of the provisions as set out below.

1.5 Services: all services performed by Brandsparkle for the client. This includes, but is not limited to: Brand Strategy – Brand Mentoring – Career Coaching – Brand Communication advice and implementation for employees, self-employed professionals and companies.

1.6 Agreement: the agreement between Brandsparkle and the client, to be executed by Kate Maat.

1.7 Information: all data originating from the client.

1.8 Written: by letter, email, or digital communication.

1.9 Confidential Information: all financial, business, and personal data entered, processed, and stored by the client and/or Kate Maat.

1.10 Website: www.brandsparkle.nl

 

ARTICLE 2 – APPLICABILITY

2.1 These general terms and conditions apply to all offers made by Brandsparkle, quotations issued, agreements concluded, services performed, and other activities carried out, unless otherwise agreed in writing.

2.2 By signing an engagement agreement or confirmation of assignment, or by giving approval via email, the client declares that they have taken note of these general terms and conditions of Brandsparkle and that they agree to them.

2.3 In the event of a conflict between these general terms and conditions and agreements made in a contract, the provisions of the contract shall prevail.

2.4 These terms and conditions also apply to actions by third parties and/or suppliers engaged by Kate Maat in connection with the execution of the delivery or service.

2.5 The applicability of the client’s general terms and conditions is expressly rejected upon application of these terms and conditions.

 

ARTICLE 3 – OFFERS AND PROPOSALS

3.1 Offers from Brandsparkle are valid for the period stated in the offer. If no period is stated, the offer is valid for 14 days after the date on which the offer was communicated to the client. If the client does not accept the offer within this period, the offer expires.

3.2 Brandsparkle will specify in the offer which services are being offered and what amounts the client will owe upon acceptance of the offer. The prices stated in the offer apply for the period mentioned therein, unless explicitly agreed otherwise in writing. The offer also includes the agreed price of the chosen service.

3.3 Brandsparkle reserves the right to invoice the client for an advance payment before starting execution of the assignment. The amount of the advance payment will be stated in the offer and must be paid within 24 hours after receipt of the invoice. Brandsparkle also reserves the right to charge the full amount in advance.

3.4 The prices stated in the offer do not automatically apply to follow-up assignments.

3.5 Deadlines will be agreed upon in writing in the offer. If delivery by Brandsparkle depends on feedback or input from the client, Brandsparkle shall not be liable for delays in the execution of the assignment. Brandsparkle is then entitled to unilaterally adjust the deadline.

3.6 If it appears that the information provided by the client at the time of the request or agreement was incorrect, Brandsparkle has the right to adjust the prices and other conditions accordingly.

3.7 Brandsparkle is not liable and/or responsible for errors in the offer if the client could reasonably have understood that the offer, or part thereof, contained an obvious mistake, misprint, or typographical error.

3.8 All prices communicated by Brandsparkle are amounts in euros, excluding VAT and other applicable levies and/or surcharges and third-party costs for advice, unless expressly stated otherwise.

3.9 Brandsparkle reserves the right to adjust prices in the interim. If the prices of the offered products increase after the agreement has been concluded, the client has the right to cancel the agreement as of the date the price increase takes effect. Price increases resulting from statutory provisions are excluded from this right.

3.10 If changes occur in the circumstances on which Brandsparkle based its offer, Brandsparkle is entitled to amend the execution of the agreement or adjust the prices accordingly.

3.11 In the case of a program with a predetermined duration, the client is responsible for scheduling appointments in time. Appointments and/or sessions not scheduled within the contract period will lapse after the agreement has expired. The client cannot claim any unused parts of the assignment in any form.

3.12 By way of exception to Article

3.11, unless otherwise agreed, the program can only be extended by a maximum of 4 weeks if the client has been ill or on holiday.

 

ARTICLE 4 – AGREEMENT AND ADDITIONAL WORK

4.1 An agreement is concluded from the moment the client communicates acceptance of an offer or proposal to Brandsparkle in any way.

4.2 After an agreement has been concluded, it may only be amended with mutual consent.

4.3 Once the agreement has been established, Brandsparkle shall commence execution of the services within a reasonable period of time.

4.4 Brandsparkle has the right to have certain services performed by third parties without notifying the client. If the involvement of third parties leads to additional costs, these will be charged to the client after consultation.

4.5 Amendments to the original agreement between the client and Brandsparkle are only valid from the moment such amendments have been accepted by both parties in a supplementary or amended written agreement.

4.6 If the client wishes to cancel the agreement before the start of execution, the client is obliged to pay compensation of 50% of the fee agreed in the engagement confirmation. In the event of early termination of a program, the client remains fully liable for payment of the entire agreed quotation amount.

4.7 If, due to unforeseen circumstances at the time of the offer or engagement confirmation, Brandsparkle must perform more work than agreed, Brandsparkle is entitled to charge the resulting additional costs to the client. If the client objects to the additional costs, the client has the right to cancel the unexecuted portion of the assignment, while remaining obliged to compensate Brandsparkle for the work already performed. The compensation will in all cases amount to at least 50% of the agreed quotation amount.

4.8 Amendments to the original assignment caused by the client may affect the agreed schedule and the costs of execution. The additional costs resulting from such amendments shall be borne by the client. Brandsparkle shall, as far as possible, provide a prior estimate of such additional costs.

4.9 Brandsparkle reserves the right to increase prices annually by a percentage equal to the increase in the consumer price index as determined by the Dutch Central Bureau of Statistics (CBS). Such price increases do not give the client the right to terminate the agreement.

 

ARTICLE 5 – RIGHTS AND OBLIGATIONS OF BRANDSPARKLE

5.1 Brandsparkle guarantees that the assignment entrusted to it will be executed to the best of its ability, applying due care and expertise.

5.2 Brandsparkle undertakes to secure the data it stores on behalf of the client in such a way that it is not accessible to unauthorized persons.

5.3 In the event of complaints from the client regarding the services and/or products delivered, Brandsparkle shall consult with the client to reach a mutually acceptable solution.

5.4 Brandsparkle is entitled, for promotional purposes such as reviews, to publish the client’s details (name, company name, and position) on the Brandsparkle website and/or other promotional materials.

5.5 If the client fails to meet its payment obligations, Brandsparkle has the right to suspend participation. 5.6 Brandsparkle primarily works online and provides a location for any offline sessions. If the client requests to hold a session at another location, a new arrangement may be scheduled in consultation. Any costs for reserving/using this alternative location are at the client’s expense.

 

ARTICLE 6 – RIGHTS AND OBLIGATIONS OF THE CLIENT

6.1 The client must comply with the provisions of these terms and conditions, unless otherwise agreed.

6.2 The client must provide Brandsparkle with all accurate data that the client can reasonably foresee to be necessary for proper execution of the agreement. The client is, in any case, obliged to inform Brandsparkle directly, or have a third party inform it, of changes in personal data, company data, or other information requested by Brandsparkle.

6.3 If, contrary to Article 6.2, the data required for execution of the agreement is not provided to Brandsparkle in time, Brandsparkle has the right to suspend execution and/or charge the additional costs resulting from the delay to the client.

6.4 The client shall promptly notify Brandsparkle in writing of any changes in name, address, email, and, if requested, bank account details.

6.5 Complaints about services and/or products delivered by Brandsparkle must be reported within 7 working days after completion of the program. One year after delivery of services, the client indemnifies Brandsparkle from all legal claims relating to the services and/or products delivered.

6.6 The client must make their own backup copies of all materials/data as described in Article 6.2 that Brandsparkle requires to execute the agreement. Brandsparkle is not liable for damage resulting from loss of such materials/data.

6.7 When Brandsparkle provides login details to the client, the client is responsible for their use and safekeeping.

6.8 The client is obliged to maintain confidentiality regarding all confidential information obtained during the cooperation or from another source in the context of the agreement with Brandsparkle. Information is deemed confidential if communicated as such by the other party or if this follows from standards of reasonableness and fairness.

 

ARTICLE 7. DELIVERY AND DELIVERY TIME

7.1. The delivery period applied by Brandsparkle varies per assignment and is determined in consultation with the client. The delivery period specified by Brandsparkle commences after the conclusion of the agreement and after receipt of all required information and/or materials from the client.

7.2. A delivery period determined by Brandsparkle can never be regarded as a strict deadline. Exceeding a delivery period does not place Brandsparkle in default by operation of law.

7.3. If the delivery period is exceeded by more than 30 days, the client shall only be entitled to terminate the agreement if Brandsparkle, after proper and as detailed as possible written notice of default in which a reasonable period is set to remedy the breach, culpably fails to fulfill the essential obligations under the agreement.

7.4. The client is obliged to do everything necessary to enable timely delivery by Brandsparkle, including but not limited to providing complete, correct and clear information in a timely manner as specified in Article 6.2 and supplying all data necessary to carry out the services.

7.5. Subject to evidence to the contrary, Brandsparkle’s delivery obligation shall be deemed fulfilled as soon as the goods supplied by Brandsparkle have been offered to the client once.

 

ARTICLE 8. PAYMENT

8.1. The client’s payment obligation commences on the day the agreement is concluded.

8.2. All invoices sent by Brandsparkle must be paid by the client within 14 days, unless otherwise agreed in writing. If Brandsparkle offers the possibility to pay the agreed quotation amount in installments, this will be clearly indicated. The first installment must then be paid within 24 hours of receipt of the invoice.

8.3. If the client does not fulfill their payment obligation on time, the client shall be in default by operation of law without any further notice of default being required. The possibility of installment payments shall also lapse, and the remaining amount shall immediately become due and payable in full by Brandsparkle.

8.4. In the event of late payment, Brandsparkle may decide to temporarily suspend its activities until payment has been made. If late payment occurs regularly, Brandsparkle may decide to unilaterally terminate the assignment.

8.5. In the event of late payment, the client shall, in addition to the amount due plus statutory (commercial) interest, be obliged to pay full compensation for both extrajudicial and judicial collection costs, which amount to at least 15% of the invoice amount with a minimum of €150 excluding VAT, as well as the costs of lawyers, attorneys, bailiffs, collection agencies, and any legal proceedings before the court or court of appeal.

8.6. The claim for payment shall become immediately due and payable if the client is declared bankrupt, applies for suspension of payments, if a general attachment is imposed on the client’s assets, in the event of the client’s death, or if the client goes into liquidation or is dissolved.

8.7. In the aforementioned cases, Brandsparkle shall also have the right to terminate or suspend the execution of the agreement or any part thereof not yet performed without notice of default or judicial intervention, without the client being entitled to any compensation for damages arising as a result.

8.8. The client agrees that Brandsparkle will invoice electronically. If the client wishes to receive an invoice by post, Brandsparkle reserves the right to charge additional costs of €2.50 per invoice.

8.9. The client may raise objections to invoices sent by Brandsparkle in writing within 7 days of the invoice date. Upon receipt of the objection, Brandsparkle will investigate the accuracy of the invoice amount. Objections to invoices do not suspend the client’s payment obligation.

8.10. If payment is made by direct debit but collection proves impossible, for example due to insufficient funds in the client’s account or due to an incorrectly provided account number by the client, the client shall owe €15 administration costs per failed direct debit attempt.

8.11. All products and services delivered by Brandsparkle remain the property of Brandsparkle until all amounts owed by the client to Brandsparkle have been paid in full.

 

ARTICLE 9. RETENTION OF TITLE & INTELLECTUAL PROPERTY

9.1. All intellectual property rights to all documentation, advice, quotations, models, techniques, tools, as well as preparatory material and reports developed or made available in the context of the services, shall rest exclusively with Brandsparkle, unless otherwise agreed in writing.

9.2. The products delivered by Brandsparkle may never be reproduced or resold, in whole or in part, unless otherwise agreed in writing.

9.3. The content of the website, including but not limited to texts, images, design, trademarks and domain names, is the property of Brandsparkle and is protected by copyright and intellectual or industrial property rights existing under applicable law. Users of the website are not permitted to reproduce the website or any part thereof, or make it available, without the prior consent of Brandsparkle.

9.4. All copyrights and intellectual property rights to works created by Brandsparkle shall remain the exclusive property of Brandsparkle, unless the rights have been bought out or otherwise agreed.

9.5. Brandsparkle is not responsible for any information/content placed by the client on Brandsparkle’s servers or provided to Brandsparkle in the context of the services. If the information/content provided by the client infringes the rights of third parties or violates laws and regulations in any way, the client shall indemnify Brandsparkle against any claims for damages that third parties may assert as a result of such actions by the client.

9.6. Any act contrary to Article 9.2, Article 9.3, and Article 14.6 shall be considered an infringement of copyright.

9.7. In the event of an infringement, Brandsparkle shall be entitled to compensation of at least twice the license fee normally charged by Brandsparkle for such use, without prejudice to Brandsparkle’s right to claim additional damages.

 

ARTICLE 10. LIABILITY

10.1. Every agreement between Brandsparkle and the client is to be regarded as a best-efforts agreement, whereby Brandsparkle is obliged to fulfill its obligations to the best of its ability, with due care and expertise. As a result, Brandsparkle can never be held liable for results not achieved or for the extent to which the provision of services contributes to the objectives set by the client and Brandsparkle.

10.2. The client remains at all times solely responsible for carrying out actions and implementations as advised by Brandsparkle, unless otherwise agreed.

10.3. In addition to Article 10.4, Brandsparkle is only liable for direct damages. Direct damages shall exclusively mean:

• the reasonable costs incurred to determine the cause and extent of the damage, insofar as such determination relates to damage within the meaning of these terms and conditions;

• the reasonable costs incurred to have the defective performance of Brandsparkle brought into conformity with the agreement, insofar as such costs can be attributed to Brandsparkle;

• the reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that such costs have led to the limitation of direct damage as referred to in this article.

10.4. Brandsparkle excludes all liability for indirect damages suffered as a result of the use of services and/or products supplied by Brandsparkle, except in cases where the damage is due to intent on the part of Brandsparkle.

10.5. In any case, Brandsparkle shall never be liable for consequential damages, lost savings, business interruption, lost profits, or damages resulting from the loss of data during the performance of the agreement.

10.6. The client indemnifies Brandsparkle against all claims for damages made by third parties in relation to damage arising in any way from the unlawful or careless use of the products and services delivered by Brandsparkle to the contracting party.

 

ARTICLE 11. INTERRUPTION OF SERVICES AND FORCE MAJEURE

11.1. Brandsparkle shall not be bound by its obligations under the agreement if performance has become impossible due to force majeure. If the force majeure continues for a period of 60 days, both parties shall be entitled to terminate the agreement. In that case, services already performed under the agreement shall be settled proportionally.

11.2. In its activities, Brandsparkle depends on the cooperation, services and deliveries of third parties over whom Brandsparkle has little or no influence. Brandsparkle can therefore in no way be held liable for any damage resulting from a situation in which the shortcoming is attributable to a third party with whom Brandsparkle has concluded an agreement.

11.3. In addition to the provisions of Article 11.2, force majeure shall include everything recognized as such in law and jurisprudence.

11.4. For the purposes of these general terms and conditions, force majeure means any circumstance beyond the control of Brandsparkle – even if such circumstance could already have been foreseen at the time the agreement was concluded – which permanently or temporarily prevents fulfillment of the agreement. This includes, but is not limited to: strikes, excessive absenteeism of Brandsparkle staff due to illness, transport difficulties, fire, government measures, epidemics, pandemics, business interruptions at Brandsparkle, default by suppliers of Brandsparkle whereby Brandsparkle can no longer fulfill its obligations towards the client, and other serious disruptions in the business of Brandsparkle or its suppliers.

11.5. In the event of force majeure, Brandsparkle shall also have the right, at its discretion, to extend the delivery period by the duration of the force majeure or to terminate the agreement, insofar as not yet performed, without Brandsparkle being obliged to pay any form of compensation, except as provided under Article 78 of Book 6 of the Dutch Civil Code.

 

ARTICLE 12. TERM OF AGREEMENT AND TERMINATION

12.1. The agreement is entered into for a fixed term, unless otherwise specified in the offer or unless the parties have expressly agreed otherwise in writing.

12.2. The right of interim termination of the agreement by the client is excluded, without prejudice to the other provisions of these general terms and conditions.

12.3. Both parties, the client and Brandsparkle, shall only be entitled to dissolve the agreement if the other party, after a proper and as detailed as possible written notice of default in which a reasonable period is set to remedy the shortcoming, culpably fails to fulfill the essential obligations under the agreement.

12.4. In deviation from Article 8.3, Brandsparkle may terminate the agreement, in whole or in part, with immediate effect by written notice, without notice of default and without judicial intervention, if urgent reasons arise, which shall in any case include the following situations:

• the client is granted (provisional) suspension of payments;

• the client has bankruptcy filed or declared;

• there is a suspicion that the client cannot meet their payment obligations upon renewal of the agreement;

• the client acts contrary to public order or morality, or any obligation arising from the agreement with Brandsparkle;

• the client infringes the rights of third parties;

• the client acts contrary to reasonable guidelines or instructions of Brandsparkle;

• the client fails to respond to correspondence by email, telephone and/or letter (whether registered or not);

• recurring payment problems.

Brandsparkle shall never be obliged to pay any compensation due to termination as defined in this article.

12.5. If, at the time of termination as referred to in Articles 12.3 and 12.4, the client has already received services in execution of the agreement, such services and the corresponding payment obligation shall not be subject to reversal. Amounts invoiced by Brandsparkle before termination in connection with what has already been performed or delivered under the agreement shall remain payable in full, subject to the provisions of the preceding sentence, and shall become immediately due and payable at the time of termination.

12.6. Brandsparkle reserves the right to amend its general terms and conditions, including for existing agreements. If Brandsparkle proceeds to amend the terms and conditions, it shall inform the client thereof. The client shall then be free to terminate the agreement as from the moment the new general terms and conditions take effect, or up to 7 days after the entry into force of the new general terms and conditions.

 

ARTICLE 13. CONFORMITY

13.1. In performing the agreement, Brandsparkle shall endeavor to achieve the intended result agreed in the offer as much as possible. If, in the client’s opinion, the delivered results do not correspond to the intended result agreed in the offer, the client and Brandsparkle shall consult in order to bring the delivered work into line with the intended results.

13.2. In addition to the provisions of Article 13.1, the costs of additional work referred to in that article shall be invoiced to the client at Brandsparkle’s normal rates, unless the client can, in the opinion of Brandsparkle, demonstrate that the deviations in the result are due to defective performance of the agreement by Brandsparkle.

13.3. If it is established that the defectiveness of the services and/or products to be delivered by Brandsparkle is attributable to Brandsparkle, the client shall not be entitled to compensation or termination of the agreement, except as provided in these terms and conditions.

 

ARTICLE 14. SPECIAL PROVISIONS FOR PROGRAMS, SESSIONS AND WORKSHOPS BY BRANDSPARKLE

14.1. The client is expressly prohibited, regardless of participation, from offering or organizing a similar program or course, whether with reference to or based on the Brandsparkle method, unless otherwise agreed in writing.

14.2. The client shall derive no rights or obligations from the program or course, and any actions taken by the client are at their own expense and risk. Brandsparkle accepts no liability for the manner in which the client applies or implements the methods and approaches taught by Brandsparkle in practice.

14.3. Brandsparkle is entitled, if the client fails to meet their payment obligations towards Brandsparkle, to suspend the client’s right to participate until the client has fulfilled their payment obligations.

14.4. In the case of partial participation or early termination by the client, no refund of the invoice will be made. In the event of early termination of a program, the client remains fully liable for payment of the entire agreed quotation amount.

14.5. The content of sessions, online content, programs, and/or courses offered by Brandsparkle may be supplemented or amended during the course of the assignment.

14.6. If the client cancels an agreed individual (coaching) session, the client is obliged to pay a fee for the reserved time as follows:

• Cancellation up to 14 days before the session: 30% of the amount agreed in the quotation;

• Cancellation up to 7 days before the session: 50% of the amount agreed in the quotation;

• Cancellation within 24 hours before the session: 75% of the amount agreed in the quotation;

• If the client fails to attend the session at the agreed time, 100% of the agreed amount will be charged, or in the case of a program, the session will be deemed to have been delivered.

14.7. Within a program, Brandsparkle gives the client the possibility to reschedule a planned session twice, provided this is communicated no later than 24 hours before the session starts. If notice is not given within 24 hours before the start, or if the same session is rescheduled for a third time, the session will lapse.

14.8. Brandsparkle will make every effort to ensure that the client can use the platform on which the program content is made available. However, Brandsparkle provides no guarantee that the platform will always remain operational and therefore accepts no liability for the (temporary) unavailability of the platform.

14.9. Brandsparkle reserves the right to remove the client from a workshop if the client’s behavior disrupts the workshop. The client will not receive any refund of the workshop fees.

14.10. If Brandsparkle is forced to reschedule a workshop due to force majeure (as referred to in Article 11), the client retains the right to attend the workshop on the new date to be determined.

 

ARTICLE 15. MISCELLANEOUS PROVISIONS AND APPLICABLE LAW

15.1. If any provision of these general terms and conditions is null and void or annulled, the remaining provisions shall remain in full force and effect, and Brandsparkle and the client shall consult to agree on new provisions to replace the void or annulled provisions, taking into account as much as possible the purpose and intent of the original provision.

15.2. If the client includes provisions or conditions in their assignment that deviate from, or are not included in, these terms and conditions, these shall only be binding on Brandsparkle if and insofar as they have been expressly accepted in writing by Brandsparkle.

15.3. If Brandsparkle deviates from these General Terms and Conditions on its own initiative for the benefit of the client, the client can never derive any rights from this.

15.4. Any purchase or other terms and conditions of the client shall not apply.

15.5. Rights and obligations arising from an agreement may only be transferred by the client to third parties if Brandsparkle has given prior written consent.

15.6. All legal relationships to which Brandsparkle is a party shall be governed exclusively by Dutch law.

15.7. The client and Brandsparkle shall first attempt to resolve any disputes amicably before resorting to legal proceedings.

15.8. Unless mandatory law provides otherwise, the competent court in the District of Amsterdam shall have jurisdiction to hear disputes between Brandsparkle and the client, unless a statutory provision prescribes otherwise.

 

© 2025 Brandsparkle
Molenbeekstraat 20-H, 1078 XD Amsterdam
www.brandsparkle.com
info@brandsparkle.com
CoC (KvK) 68789858

 

General Terms and Conditions Brandsparkle – 2025