GENERAL SALES CONDITIONS (B2B)
Scope
1.1.
Without prejudice to the application of any conditions stipulating the contrary included in a separate written agreement, the following general sales conditions are applicable to all offers, estimates or agreements with BB Financial Services Kft, with registered office at Bajcsy-Zsilinszky utca 47, 8183 Papkeszi, Hungary (called “BB Financial Services Kft” hereafter).
1.2.
The co-contractant (called the “Customer” hereafter) acknowledges and accepts these general conditions purely by the fact of the order placed by them. Acceptance of these general conditions also implies that the Customer entirely relinquishes the application of their own general (purchasing) conditions.
1.3.
If a clause of these general conditions should prove unenforceable or is in contravention of an imperative legal clause, then this shall not affect the validity and enforceability of the other clauses of these general conditions nor shall it affect the validity and enforceability of that part of the clause concerned that is not unenforceable or in contravention of imperative law. The unenforceable or contrary clause shall automatically be considered to have been replaced by an enforceable and legally valid clause that fits as closely as possible to the purpose and scope of the original clause.
Services
2.1.
BB Financial Services Kft will provide the Customer with financial and strategic advisory services, including but not limited to financial modeling, fundraising support, and other strategic and operational services as reasonably requested by the Customer (“Services”). These Services are intended to assist in the strategic growth and operational efficiency of the Customer’s business.
2.2.
The specific Services to be provided will be detailed in the service agreement or order form. Our Services are provided on a fractional basis and are not intended to replace the comprehensive services that a full-time, in-house CFO would provide.
2.3.
Any delivery and execution periods included in offers or estimates from BB Financial Services Kft are purely for informative purposes and are not binding to BB Financial Services Kft.
Compensation
3.1.
The Customer agrees to compensate BB Financial Services Kft for its Services at the rates specified in the service agreement or order form. This includes a weekly or monthly fee for a predefined number of service hours and additional fees for services beyond those hours.
3.2
The invoices issued by BB Financial Services Kft are always payable cash at their registered office at the latest ten (10) days after the date of the invoice and in the currency indicated on the invoice. Invoices must be disputed in writing within five (5) days after receipt of the invoice. However invoice disputes do not suspend the payment obligations on the part of the Customer.
3.3.
In the case of full or partial non-payment of the invoice on the due date, the Customer is lawfully and without any prior notification subject to payment of interests for late payment at 12% per annum and this until full payment of the invoiced amount. Each month started is considered a fully month for the calculation of the interests.
3.4
Furthermore in the event of non-payment of the invoice on the due date the Customer shall lawfully and without any prior notification owe fixed compensation of 10% of the amount of the invoice and with a minimum of fifty (50) euro. BB Financial Services Kft reserves the right to claim higher compensation on condition of proof of more extensive damaged suffered.
3.5
In the case of non-payment of an invoice all other debts outstanding to BB Financial Services Kft from the Customer shall lawfully and without prior notification become immediately payable. In that case BB Financial Services Kft furthermore reserves the right to suspend execution of all current services and to do so without prior notification and without any compensation for damages.
Term and Termination
4.1.
This agreement commences on the effective date specified in the service agreement and will continue until terminated by either party with prior notice as detailed in your service agreement.
4.2.
Either party may terminate the agreement with the notice period specified in the service agreement. Specific conditions for immediate termination may also apply.
Confidentiality
5.1.
BB Financial Services Kft will maintain the confidentiality of Customers’ information and will use it solely for the purpose of providing the Services.
Intellectual Property
6.1.
Customer will own the rights to deliverables produced as a result of the Services, subject to payment in full for those deliverables.
6.2.
BB Financial Services Kft retains all rights to its background materials. BB Financial Services Kft grants the Customer a non-exclusive license to use these materials as part of the deliverables provided to the Customer.
Liability
7.1.
BB Financial Services Kft warrants that its services will be provided in a professional manner. (including its employees or representatives). BB Financial Services Kft may only be held liable for damage caused by itself due to deliberate fault or fraud. BB Financial Services Kft cannot be held liable for any other faults.
7.2.
If BB Financial Services Kft should be held liable in relation to the Customer, then this liability is limited to the amount equal to the value of the invoice concerning the service by which the damage was caused. BB Financial Services Kft cannot under any circumstances be held liable for indirect damage, including, yet not exclusively, consequential damage and loss of profit or turnover.
Applicable Law/ Court Jurisdiction
8.1.
All agreements to which these general conditions are applicable, as well as all other agreements resulting from it, are governed exclusively by Hungarian law. The application of the Vienna Sales Convention is excluded.
8.2.
All disputes concerning agreements subject to these general conditions are under the exclusive jurisdiction of the Courts of the court district of the registered office of BB Financial Services Kft. This jurisdictional clause may only be deviated from through the explicit and prior written agreement of BB Financial Services Kft.
