General terms and conditions

General Terms and Conditions of Best4U CMS BV and Best4U Media BV 

Article 1. Definitions

1. Contractor: the party as listed in the quotation with which the Agreement is concluded. This party may be Best4U CMS BV or Best4U Media BV, established in Zutphen and respectively registered in the register of the Chamber of Commerce under registration numbers 08175804 and 08175806. Only the parties named in the quotation are parties to the Agreement.
2. Client: the natural or legal person who has concluded an Agreement with the Contractor.
3. Terms & Conditions: these general terms and conditions.
4. Service: the activity(ies) that the Contractor will perform for the Client, as specified in the Agreement. The Services provided by the Contractor include, among other things, a content management system (CMS) and the development of websites, (web) applications, and corporate identities.
5. Duration agreement: an Agreement relating to the periodic performance/delivery of Services for a certain period.
6. Framework: a collection of components (software/code) already developed by the Contractor and held in (intellectual) property, upon which the Contractor may potentially build a new environment/application for the Client.
7. User: The user of the Service, specified by the Client (for example, an employee).
8. Agreement: the agreement between the Contractor and the Client, pursuant to which the Contractor will perform/deliver the Service, as described in the quotation.
9. Written: on paper.
10. Interruption: A detected disruption or impending disruption of the agreed service level of the service.
11. Websitewww.best4u.nl

Article 2. Offer and acceptance

1. The Contractor shall prepare a quotation in which it indicates what is included in the Service and the amount to be due upon acceptance. Only the description of the Service indicated in the quotation is binding. If the quotation is accepted by the Client (either electronically or in writing), the Agreement shall be concluded.
2. If it transpires that the information provided by the Client is incorrect, the Contractor has the right to adjust the prices accordingly.
3. These General Terms and Conditions apply to the Agreement, offers, and quotations at all times, unless expressly agreed otherwise in writing.
4. Provisions or conditions stipulated by the Client that deviate from, or are not included in, these General Terms and Conditions are binding upon the Contractor only if and to the extent that they have been expressly accepted in writing by the Contractor. 
5. After acceptance, the Agreement may only be amended by mutual consent in accordance with the provisions of Article 19 of these General Terms and Conditions.
6. In the event of a conflict between the provisions in the documents below, the following order of precedence applies:
   1.   the Agreement;
   2. the Service Level Agreement;
   3. any appendices to the Agreement and/or to the Service Level Agreement;
   4. these General Terms and Conditions. 

Article 3. Performance of the Service 

1. Unless otherwise agreed in writing, the Contractor guarantees that the Service will be performed to the best of its ability, applying sufficient care and skill. With regard to the Service(s) to be provided, the Contractor has only a best-efforts obligation and not an obligation of result. 
2. All Services are provided by the Contractor on a best-effort basis: the Contractor endeavors to provide the Services to the best of its ability but provides no guarantees regarding its performance. The Contractor is entitled to have certain work performed by third parties. Any additional costs associated with this will only be passed on with the Client's consent. 
3. The Client is obliged to do and refrain from doing all that is reasonably necessary and desirable to enable the timely and proper execution of the Service. In particular, the Client shall ensure that all data and facilities which the Contractor indicates are necessary, or which the Client ought reasonably to understand are necessary for the execution of the Service, are made available to the Contractor in a timely manner. If, following a written or electronic reminder, the Client fails to provide materials (or provides incorrect materials), the Contractor is permitted to cancel the Agreement free of charge, and the Client is obliged to buy out the Agreement in accordance with Article 8, paragraph 9. 

Article 4. Delivery 

1. If the Agreement relates to a standard Service, the Contractor shall endeavor to deliver the Service as soon as possible after the conclusion of the Agreement. 
2. If the Service (also) entails the development of custom work, the delivery may consist of multiple partial deliveries, whereby each part is considered a separate whole. 
3. If at least one of the following situations occurs, the Service may be considered “delivered”: - by use of the Service by the Client; - by notification from the Contractor to the Client that the Service is available; - by a written or electronic confirmation of delivery of the Service by the Contractor. 
4. Delivery periods specified by the Contractor are always indicative, unless it is explicitly stated in writing that it concerns a firm deadline. Even in the case of an agreed firm deadline, the Contractor shall only be in default after the Client has given him written notice of default. 
5. Exceeding agreed delivery times, regardless of the cause, does not entitle the holder to compensation, including damages for delay.
6. The Client must evaluate the results or a phase of a Custom Service within 20 days after delivery and approve or reject them. If the Client does not reject the results (in whole or in part) within this period based on agreed functional or technical specifications, they shall be deemed approved. Rejection must be substantiated. 
7. If the Client rejects a result, as described in the previous paragraph, in whole or in part, the Contractor shall endeavor to remedy the reason for rejection as soon as possible. It may do so by revising the result or by providing a reasoned explanation as to why the reason is unfounded. If the aforementioned has been completed by the Contractor, the result or the (customized) Service shall be deemed accepted between the parties. 

Article 5. Additional work 

1. If, at the request or with the prior consent of the Client, the Contractor has performed work or other services that fall outside the content or scope of the agreed work and/or services, such work or services shall be reimbursed by the Client on the basis of subsequent calculation. The Contractor is never obliged to comply with such a request from the Client, and the Contractor may require that a separate written agreement be concluded for this purpose.
2. The Client accepts that work or services as referred to in this article may affect the agreed or expected time of completion of the services and the mutual responsibilities of the Client and the Contractor. The fact that (the demand for) additional work arises during the execution of the Agreement shall never constitute grounds for the Client to terminate or dissolve the Agreement. To the extent that a fixed price has been agreed for the services, the Contractor shall, upon request, inform the Client in writing of the financial consequences of the additional work or services as referred to in this article.

Article 6. Duration and termination 

1. If the Service concerns a Long-Term Agreement, the Agreement shall be deemed to have been entered into for a minimum term of twelve months, unless otherwise agreed in writing. Without written notice of termination, observing a notice period of two months before the end of the aforementioned period, the Agreement shall be tacitly renewed for the same period each time, unless otherwise agreed in writing. 
2. If the Service relates to the development of software, advice, or other works, the Agreement shall be deemed to have been entered into for the duration specified in the Agreement. The Agreement may only be terminated prematurely and free of charge by the Contractor if, in the Contractor's opinion, the cooperation can no longer continue. 
3. If the Client fails to comply with any obligation incumbent upon it under the Agreement, the Contractor has the right to suspend or terminate all Agreements concluded with the Client concerned (at the Contractor's option) without the need for a notice of default or judicial intervention, and without prejudice to the Contractor's right to compensation for damages, lost profits, and statutory (commercial) interest.

Article 7. Prices 

1. All prices are in euros and exclude value added tax (VAT) and other government levies. 
2. All prices on the Website, brochures, price list(s) and/or other communication materials of the Contractor are subject to programming and typographical errors. No liability is accepted for the consequences of such errors. 
3. If the Agreement is a Continuous Agreement, the Contractor is entitled to change the applicable rates at any time. To this end, the Contractor shall notify the Client of rate changes at least 2 (two) months in advance. In the event of a price increase, the Client has the right to terminate the Agreement, subject to a notice period of 1 (one) month. 
4. Without prejudice to the provisions of the preceding paragraph, the Contractor is entitled, once per calendar year, to adjust the applicable prices on the basis of the consumer price index (CPI), in the case of a Long-Term Agreement, without the possibility for the Client to terminate the Agreement. 
5. All costs arising for the Contractor from the Agreement shall be borne by the Client, unless otherwise agreed. 

Article 8. Payment terms 

1. The Contractor shall send an invoice to the Client for all amounts owed by the Client. 
2. After the expiration of fourteen days following the payment term, a Client who fails to pay on time shall be in default by operation of law, without any notice of default being required. If an amount due is not settled within the payment term, statutory (commercial) interest shall be due on the outstanding amount without further notice of default by the Contractor. 
3. The Client agrees to electronic invoicing by the Contractor. 
4. If the Service (partly) involves the development of custom work, an employee of the Contractor designated for that purpose shall draw up a schedule in consultation with the Client. The development of custom work consists of multiple delivery moments, as included in the schedule. For each delivery moment, the Contractor shall send the Client an invoice for the work performed up to that point, unless agreed otherwise in writing and expressly. 
5. If the Agreement is a Long-Term Agreement, the Client shall pay the amount due for that term to the Contractor annually in advance, unless otherwise agreed in writing. Payment must be made by direct debit, for which the Client authorizes the Contractor. 
6. If the direct debit fails, the Client will be notified of this, and the Contractor has the right to charge administrative costs to the Client. 
7. If the client is a consumer, extrajudicial collection costs shall be charged in accordance with the Decree on Compensation for Extrajudicial Collection Costs, as referred to in paragraph 4 of Article 6:96 of the Dutch Civil Code. It is decisive in this regard that the case relates to an obligation arising from a contract to pay a sum of money, or that it concerns compensation for damage arising from a settlement agreement, or that it concerns an obligation to pay a sum of money that has been converted into an obligation to pay substitute damages within the meaning of Article 6:87 of the Dutch Civil Code. 

The extrajudicial collection costs are as follows:

• Minimum rate €40
• 15% on the first €2.500
• 10% on the next €2.500
• 5% on the next €5.000
• 1% on the next €190.000
• 0,5% on the amount exceeding the principal sum, with a maximum of €6.775.

If the client is a legal entity, or a natural person acting in the exercise of a profession or business, a claim shall be made for extrajudicial collection costs of 15% of the principal sum due, with a minimum of € 250.

Moreover, the entire amount for the remaining contract term is immediately due and payable by the Contractor, and the Contractor is entitled to other services, which are with the Contractor be closed, to suspend. 

8. The claim for payment is immediately due and payable in the event that the Client is declared bankrupt, applies for a suspension of payments, or if a general attachment is levied on the Client's assets, the Client cancels the assignment and does not invoke paragraph 9 of this article within 5 working days after cancellation, the Client dies, and furthermore, if the Client enters into liquidation or is dissolved. 
9. The Client is permitted to cancel the Agreement in whole or in part at the following buyout percentages (the stage is determined by the Contractor): 
10. When only the intake has been completed and no actual work has been performed yet, the buyout amounts to 25% of the total quoted value. 
11. When graphic work has been performed, the buyout amounts to 50% of the total quoted value. 
12. If technical work has also been performed, the buyout amounts to 75% of the total quotation value.
13. In the cases referred to in paragraph 9, the Contractor shall furthermore have the right to terminate or suspend the performance of the Agreement or any unperformed part thereof without notice of default or judicial intervention, without the Client having the right to compensation for damages, including but not limited to damages for delay. 
14. Termination or suspension as referred to in this article shall not affect the Client's payment obligations. 

Article 9. Intellectual property rights 

1. The Framework is the intellectual property of the Contractor and/or its licensors. 
2. The Contractor grants the Client, for the duration of the Agreement, a non-exclusive and non-transferable right of use with respect to the Framework, unless the Contractor and the Client agree otherwise in writing. The Client is solely responsible for costs relating to licenses and hosting.
3. The parties agree that copyrights to the layout (of, for example, a website) and other developed graphic materials shall be transferred to the Client subject to a suspensive condition upon completion of the project and full payment thereof by the Client to the Contractor. 
4. The Client shall not be granted access to the source code of the Framework (this is compiled at all times). If and only to the extent expressly agreed in writing, the source code of other software and the technical documentation produced during the development of such software may be made available to the Client, and the Client is entitled to make changes to this software.
5. The Client is not entitled to exploit and/or (re)use the created (web) applications, as indicated in the previous paragraph, in any other manner after termination of the Agreement, unless otherwise agreed in writing. 
6. The created (web) applications, including all elements of their construction and design—and the information displayed thereon—contain works protected by intellectual property rights belonging to the Contractor. 
7. All (web) applications, websites, and (source) codes developed by the Contractor are protected by intellectual property rights – such as, but not limited to: copyright, trademark rights, and database rights – and remain at all times the property of the Contractor and/or of third parties with whom the Contractor has contractual agreements, unless the parties agree otherwise.
8. The Client is not permitted to remove or alter any indication regarding copyrights, trademarks, trade names, or other intellectual property rights from the works, including any indications regarding the confidential nature and secrecy of the works. 
9. The Contractor and/or its licensors are permitted to take technical measures to protect the works. If the Contractor has secured the works by means of technical protection, the Client is not permitted to remove or circumvent this protection. 
10. Any use, reproduction, or publication of the works that falls outside the scope of the Agreement or granted usage rights shall be considered an infringement of the copyright and/or other intellectual property rights of the Contractor. The Client shall then pay the Contractor an immediately due and payable penalty of € 10.000 per infringing act and per day that it continues, without prejudice to the Contractor’s right to compensation for damages caused by the infringement or to take other legal measures to terminate the infringement. 

Article 10. Liability 

1. The Contractor's liability for direct damage, per event or series of related events, is limited to the amount payable by the Client under the Agreement per year, with a maximum of € 10.000 (excluding VAT). 
2. The total liability of the Contractor for damage resulting from death or bodily injury or for material damage to property shall in no event exceed € 50.000 per damaging event, where a series of related events shall be considered as a single event. 
3. The Contractor is expressly not liable for indirect damage, consequential damage, lost profits, lost savings, and damage due to business interruption. 
4. The Contractor's liability for an attributable failure to perform the Agreement shall arise only if the Client promptly and properly notifies the Contractor in writing of the default, setting a reasonable period for remedying the defect, and the Contractor continues to fail to perform its obligations in an attributable manner even after that period. The notice of default must contain as detailed a description of the defect as possible, so that the Contractor is able to respond adequately. 
5. The Contractor's liability for direct damage, including damage resulting from failure to meet an agreed deadline due to, among other things, force majeure, staff or freelancer absence, is excluded.
6. The Contractor is not liable for damage resulting from cyberterrorism or attacks by internet hackers, even if the Contractor and the Client have entered into a Service Level Agreement.
7. The Contractor is not liable for damage resulting from any (web) applications and/or websites developed by the Contractor being offline or out of reach for any reason whatsoever.
8. The Contractor is not liable for damage resulting from incorrect, incomplete, or incorrectly displayed text, images, audio/video, and/or other items on the (web) applications and/or websites developed by the Contractor.
9. The Contractor shall never be liable for damage caused by force majeure as referred to in Article 11. 
10. The limitation of liability as referred to in the preceding paragraphs of this article shall cease to apply if and to the extent that the damage is the result of intent or willful recklessness on the part of the management of the Contractor. 
11. Article 6:271 of the Dutch Civil Code does not apply to the Agreement and is therefore excluded. 
12. A condition for the emergence of any right to compensation is always that the Client reports the damage to the Contractor in writing within 30 days after it occurred. 
13. The Client shall indemnify the Contractor against all third-party claims for liability arising from a defect in the Service delivered by the Client to a third party, which included items, materials, or results supplied by the Contractor. The Client shall also indemnify the Contractor against non-compliance with licenses by the Client and/or third parties (its Users). 

Article 11. Force majeure 

1. In the event of force majeure, which shall in any case be understood to mean disruptions or failures of the internet, the telecommunications infrastructure, synflood, (D)DOS and other network attacks, power outages, domestic unrest, mobilization, war, transport disruptions, strikes, lockouts, business disruptions, supply chain stagnation, fire, flooding, import and export restrictions, and in the event that the Contractor is unable to deliver due to its own suppliers, regardless of the reason therefor, as a result of which performance of the Agreement cannot reasonably be expected of the Contractor, the execution of the Agreement shall be suspended, or the Agreement shall be terminated if the force majeure situation has lasted longer than two months, all without any obligation to pay compensation. 
2. To the extent that the Contractor has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure, or will be able to fulfill them, and the fulfilled or to be fulfilled portion has independent value, the Contractor is entitled to invoice the already fulfilled or to be fulfilled portion separately. The Client is obliged to pay this invoice. 

Article 12. Development of software 

1. If the Agreement (also) extends to the development of software, the Parties shall specify in writing (in the Agreement) which software will be developed and in what manner this will be done. The Client guarantees the accuracy, completeness, and consistency of this information. 
2. The Contractor is entitled, but not obliged, to examine the accuracy, completeness, or consistency of the data or specifications made available to him and, upon discovering any imperfections, to suspend the agreed work until the Client has remedied the imperfections in question. 
3. The Contractor has the right to use third-party software, programs, and components, including open source software, in the development of the software. The responsibility for proper compliance with the relevant third-party licenses when using the software lies with the Client. 
4. If an acceptance test has been agreed upon, the software is deemed to have been accepted upon successful completion of the acceptance test by the Client. 

Article 13. SaaS services

1. If the Service (also) extends to the provision of services relating to SaaS, the provisions of this article shall also apply. 
2. It is not permitted to use the Service in a manner that infringes the rights of third parties or violates applicable Dutch or other (international or European) laws and regulations. 
3. The Client determines entirely the content of the data stored by means of the Service. The Contractor accepts no liability whatsoever for the data stored and/or made accessible by means of the Service. The Client indemnifies the Contractor against claims from third parties based on the assertion that unlawful information is displayed or disseminated via the (web) application. 
4. Should the Contractor have a reasonable suspicion or come to the realization that the data distributed or stored by the Client using the Service is unlawful, the Contractor may take immediate action to block access thereto. In no event shall the Contractor be liable for damages arising from such action. 
5. The Client shall act and conduct itself with a degree of care regarding the Service that may be expected of the Client. The Client is not permitted, in any use of the Service, to create the impression that the Client is a partner of the Contractor, unless the Contractor has expressly granted written permission for this. 
6. The Client is not permitted to use the Service for more than one company or to allow multiple Clients to work on a single environment. 
7. The Client is permitted to create Users. The Client owes a fee for this. The Client may assign specific rights to these Users. The Client is responsible for the actions of these Users. 
8. The Contractor may set a maximum limit on the amount of storage space, CPU, memory, or data traffic per month that the Client may use within the scope of the Service. In the event of exceeding this maximum, the Contractor is entitled to charge the Client an additional amount, in accordance with the amounts for extra storage space, memory, CPU, or data traffic stated in the Agreement, or to block the Service, rendering the (web) application inaccessible. Blocking the Service is also permitted if, in the Contractor's opinion, the Client uses a disproportionate amount of server capacity, all without any obligation to pay compensation. If, in the Contractor's opinion, the Client creates a risk to the functioning of the server(s) or the network of the Contractor or third parties, the Contractor is entitled to take all measures it reasonably deems necessary to avert or prevent this risk. 
9. If the Client acts in violation of these General Terms and Conditions, the Contractor has the right to immediately block the Client's access to the Service. 

Article 14. Availability and maintenance

1. The Contractor endeavors to keep the Service available, but does not guarantee uninterrupted availability. 
2. The Contractor actively maintains systems and networks. If maintenance is expected to result in a limitation of availability, the Contractor will perform this outside office hours. Maintenance will be announced in advance whenever possible. Maintenance related to emergencies may take place at any time and will not be announced in advance. 
3. The Contractor may modify the functionality of the Framework from time to time, for example when the state of the art or applicable laws and regulations require it. Feedback and suggestions are welcome in this regard, but ultimately the Contractor decides which modifications it will or will not implement. The Contractor will notify the Contractor of its intended modifications at least thirty days in advance. This may also mean that certain functionality is removed. It is not possible to waive a specific modification solely for the Client. The Contractor has the right to cease providing updates or maintenance for components of the Framework. 
4. If agreed in writing, a backup of data stored by the Client may be made available upon request and against payment of a reasonable fee. The time of creating the backup will be determined by the Contractor. Creating the backup is a service provided by the Contractor and does not constitute a guarantee. 
5. If, in the Contractor's opinion, a risk arises to the functioning of the Contractor's or third parties' computer systems or network and/or to the provision of services via a network, in particular due to excessive sending of e-mail or other data, poorly secured systems, or the activities of viruses, Trojans, and similar software, the Contractor is entitled to take all measures it reasonably deems necessary to avert or prevent this risk. 
6. Copies of the software must be expressly agreed upon in writing. 
7. The parties may enter into a Service Level Agreement for additional conditions regarding availability and maintenance. 

Article 15. confidentiality 

1. The Parties shall treat as confidential any information they provide to each other before, during, or after the execution of the Agreement, when such information is marked as confidential, contains personal data, or when the receiving party knows or ought reasonably to suspect that the information was intended to be confidential. The Parties shall also impose this obligation on their employees and on any third parties engaged by them for the execution of the Agreement. 
2. The Contractor shall therefore not provide the information or data (including personal data) that the Client stores and/or distributes via the Contractor's systems to third parties, unless this is necessary for the proper execution of the Agreement or the Contractor is obliged to do so pursuant to a statutory provision or court order. 

Article 16. Personnel 

1. The Client is not permitted, for as long as the contractual relationship between the Client and the Contractor continues, as well as for one year after its termination, to employ employees of the Contractor or to otherwise, directly or indirectly, have them work for it, without the prior written consent of the Contractor. In this context, employees of the Contractor are understood to mean persons who are employed by the Contractor or by one of the companies affiliated with the Contractor, or who were employed by the Contractor or by one of the companies affiliated with the Contractor no longer than six months ago. 

Article 17. Privacy and data processing

1. If the documents and/or other data carriers to be made available by the Client to the Contractor in the context of the execution of the Agreement contain personal data as referred to in the General Data Protection Regulation (“GDPR”), the Client must notify the Contractor thereof in writing in advance. 
2. Furthermore, if this is necessary for the execution of the Agreement, the Client shall, upon request, inform the Contractor in writing about the manner in which the Client fulfills its obligations under the applicable privacy legislation regarding the processing of personal data. 
3. The Contractor undertakes, following a notification as referred to in paragraph 1 of this article of these General Terms and Conditions: 
4. never to provide personal data to third parties, or to grant a third party access thereto, except with the permission of the Client, or subject to a legal obligation to do so. 
5. To process personal data exclusively within the scope of the purpose of the agreement and exclusively for the purposes as described in the Agreement and/or in these general terms and conditions. 
6. To comply with the General Data Protection Regulation (“GDPR”) when processing personal data. 

Article 18. Protection of personal data

1. The Client guarantees that all requirements for the lawful processing of personal data entered by or on behalf of the Client into the (CMS) software, equipment, infrastructure, (web) applications, websites, and/or management environment have been met.
2. The Client bears full responsibility for the processing of personal data in the (CMS) software, equipment, infrastructure, (web) applications, websites, and/or management environment. The Client warrants to the Contractor that the data is not unlawful and does not infringe upon the rights of third parties. The Client indemnifies the Contractor against all legal claims by third parties, on whatever grounds, in connection with the processing of this data or the performance of the Agreement. 
3. Pursuant to applicable privacy legislation regarding the processing of personal data, the Client has obligations towards third parties, such as the obligation to provide information, as well as to grant access to, correct, and delete personal data of data subjects. The responsibility for compliance with these obligations rests entirely and exclusively with the Client. In this context, the Contractor is merely a 'processor' within the meaning of the General Data Protection Regulation (“GDPR”), and a separate data processing agreement will be concluded with the Client if legally required.
4. Any costs that must be incurred to comply with the obligations under the applicable privacy legislation regarding the protection of personal data, including the obligations arising from the General Data Protection Regulation (“GDPR”), shall be borne by the Client. The Contractor shall, to the extent technically possible, provide support for the obligations to be fulfilled by the Client as referred to in paragraph 3 of this article. The costs associated with this support are not included in the agreed prices and fees of the Contractor and shall be borne by the Client.

Article 19. Amendments to the General Terms and Conditions 

1. The Contractor reserves the right to amend or supplement these General Terms and Conditions. 
2. Amendments also apply to Agreements already concluded, subject to a period of 30 days following the announcement of the amendment on the Website, by electronic communication, or in writing. Amendments of minor importance may be implemented at any time. 
3. If the Client does not wish to accept a change to these General Terms and Conditions, the Client may terminate the Agreement on the date on which the new terms and conditions come into effect, unless the Contractor has indicated that the old terms and conditions remain in effect for the Client. 

Article 20. Final provisions 

1. The Agreement concluded between the Contractor and the Client is governed by Dutch law.
2. All disputes – including those considered as such by only one of the parties – that may arise between the Contractor and the Client in connection with the Agreement or agreements resulting therefrom, shall be settled exclusively by the District Court of Overijssel, sitting in Zwolle. The Contractor is entitled at all times to summon the Client before the court competent in accordance with the statutory rules of jurisdiction.
3. If any provision of the Agreement proves to be invalid, this shall not affect the validity of the entire Agreement. In that case, the Parties shall establish new provision(s) to replace it, thereby giving effect to the intent of the original Agreement and General Terms and Conditions to the extent legally possible. 
4. The version of any communication received or stored by the Contractor shall be deemed authentic, unless the Client provides evidence to the contrary.
5. The Client agrees that the Contractor may transfer the rights accruing to it and the obligations resting upon it under the Agreement to a third party without the Client's consent. If the Client wishes to transfer the rights accruing to it and the obligations resting upon it under the Agreement to a third party, the Contractor's written consent is required.
6. The parties shall at all times inform each other without delay of any changes in name, postal address, email address, telephone number and, if requested, bank account number.