General Terms and Conditions of Braveheart Consultancy

Article 1. Definitions In these terms and conditions, the following terms shall have the following meanings:

Article 2 Applicability

Article 3. Service provision

Article 4. Obligations of the client

Article 5 Fee

Article 6 Payment

Article 7 Liability

Article 8 Force Majeure

Article 9. Duration and termination

Article 10. Intellectual property

Article 11. Confidentiality

Article 12. Applicable law and disputes

Article 13. Other provisions

Article 1. Definitions In these terms and conditions, the following terms shall have the following meanings:

1.1. Contractor: Braveheart Consultancy, established and with offices at Beeckzanglaan 1g, Beverwijk, the Netherlands. Registered with the Chamber of Commerce under number 87520222, the company engaged in providing the services referred to in Article 2;

1.2. Client: the natural or legal person who has commissioned Braveheart Consultancy to provide services;

1.3. Agreement: the agreement between Braveheart Consultancy and the client for the provision of services;

1.4. Services: the services described in Article 3.1.

Article 2 Applicability

2.1. These general terms and conditions apply to all quotations, offers, orders and agreements between Braveheart Consultancy and the client.

2.2. Deviations from these general terms and conditions are only valid if expressly agreed in writing.

Article 3. Service provision

Services 3.1. Braveheart Consultancy provides the following services:

• Reports ACC3, RA3, KC3 in the capacity of certified and qualified Independent Validator.
• Advice on the implementation of the combination of measures and human and material resources intended to secure civil aviation against unlawful acts that pose a danger and/or risk to the safety of civil aviation.
• Providing courses/education to students/participants nominated by the client, with study materials provided by the client meeting the requirements set by the competent authorities.

3.2. Braveheart Consultancy will provide the services to the best of its knowledge and ability, and will observe the care that can be expected of a professional service provider.

3.3. The client shall ensure that all data that Braveheart Consultancy indicates is necessary or that the client reasonably understands is necessary for the performance of the assignment will be provided to Braveheart Consultancy in a timely manner.

3.4. Braveheart Consultancy has the right to have certain work carried out by third parties if this is deemed necessary by Braveheart Consultancy for the proper execution of the assignment.

3.5. Braveheart Consultancy is not liable for any damages of any kind resulting from the use of incorrect and/or incomplete data provided by the client, unless such incorrectness or incompleteness should have been known to Braveheart Consultancy.

Article 4. Obligations of the client

4.1. The client shall timely provide Braveheart Consultancy with all useful and necessary data and information for the proper execution of the agreement.

4.2. The client is responsible for the accuracy, completeness, and reliability of the information provided to Braveheart Consultancy.

Article 5 Fee

5.1. The fee of Braveheart Consultancy is based on a tariff that has been communicated to the client in advance.

5.2. Braveheart Consultancy is entitled to adjust the tariff during the execution of the agreement.

5.3. Any costs incurred by Braveheart Consultancy for the benefit of the assignment, such as travel and accommodation costs, will be charged separately.

5.4. All mentioned amounts are exclusive of VAT.

Article 6 Payment

6.1. Payment must be made within 14 days after the invoice date, in the currency invoiced, in the manner indicated by Braveheart Consultancy.

6.2. In case the client fails to pay an invoice on time, the client will be in default by operation of law and will owe interest equal to the statutory interest.

6.3. If the client is in default, all reasonable costs incurred to obtain payment out of court will be borne by the client. The extrajudicial costs are set at at least 15% of the amount due with a minimum of € 250.

6.4. Braveheart Consultancy is entitled to demand an advance payment in the execution of an assignment. Braveheart Consultancy is entitled to suspend the execution of the assignment until the advance payment has been received.

Article 7 Liability

7.1. Braveheart Consultancy is not liable for any damages to the client unless such damages are the direct result of gross negligence or willful misconduct of Braveheart Consultancy.

7.2 The liability of Braveheart Consultancy for any damage, direct or indirect, arising from any cause whatsoever, is limited to the amount of the fee received by Braveheart Consultancy for the assignment, with a maximum of three times that amount.

7.3 The liability of Braveheart Consultancy for any damage, direct or indirect, arising from any cause whatsoever, is limited to a maximum of five years after the termination of the assignment.

7.4. Braveheart Consultancy is not liable for consequential damages, including lost profits, missed savings, and damages resulting from business interruption.

Article 8 Force Majeure

8.1. In the event of force majeure, Braveheart Consultancy is not obliged to compensate for any damage caused to the client as a result.

8.2. Force majeure shall mean any circumstance beyond the control of Braveheart Consultancy that temporarily or permanently prevents the performance of the contract, to the extent that such circumstance is not attributable to the fault of Braveheart Consultancy.

Article 9. Duration and termination

9.1. The agreement shall be entered into for the duration of the assignment.

9.2. The agreement shall terminate automatically after Braveheart Consultancy has completed the assignment.

9.3. Termination of the agreement can only be done in writing.

Article 10. Intellectual property

10.1. All intellectual property rights relating to the services provided by Braveheart Consultancy shall remain with Braveheart Consultancy, unless agreed otherwise in writing.

10.2. The client is not allowed to reproduce, disclose, exploit or otherwise use the services provided by Braveheart Consultancy without prior written consent from Braveheart Consultancy.

Article 11. Confidentiality

11.1. Braveheart Consultancy shall keep confidential all confidential information received from the client in connection with the performance of the agreement.

11.2. Braveheart Consultancy is permitted to share confidential information with third parties if necessary for the performance of the agreement.

11.3. The obligations under this article shall remain in force after termination of the agreement.

Article 12. Applicable law and disputes

12.1. Dutch law shall exclusively apply to all agreements between Braveheart Consultancy and the client.

12.2. Any disputes between Braveheart Consultancy and the client shall be submitted exclusively to the competent court in the Netherlands.

Article 13. Other provisions

13.1. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.2. Braveheart Consultancy reserves the right to unilaterally amend these terms and conditions. Changes shall be communicated to the client in writing and shall come into effect thirty days after communication, unless another term has been agreed upon. If the client does not agree with the changes, they have the right to terminate the agreement on the date on which the changes come into effect.

13.3. Braveheart Consultancy is entitled to transfer its rights and obligations arising from the agreement with the client to a third party, provided that the client has been notified in advance and has given written consent.

13.4. Dutch law shall apply to all legal relationships between Braveheart Consultancy and the client. The Dutch version of these terms and conditions shall always prevail for the interpretation thereof.

13.5 These delivery conditions apply since March 15th, 2023.