1.1 These Terms and Conditions govern the contractual relationship between the NFT Consultancy and the Donor.
1.2 The Donor accepts these Terms and Conditions by ordering services from the NFT Consultancy.
2.1 “NFT” means a non-fungible token, as defined in the ERC-721 standard.
2.2 “Minting website” means a website developed by the NFT Consultancy for the Donor, on which the Donor can mint NFTs.
2.3 “NFT smart contract” means a smart contract developed by the NFT Consultancy for the Donor, on which the Donor can mint, sell and/or trade NFTs.
2.4 “Services” means the services to be provided by the NFT Consultancy to the Donor, as described in these Terms and Conditions and in the Order Form.
2.5 “Party” or “Parties” means the NFT Consultancy and/or the Donor, as applicable.
3.1 The NFT Consultancy shall not be liable for any loss or damage suffered by the Donor as a result of the Donor’s use of the Minting website and/or the NFT smart contract.
3.2 The NFT Consultancy total liability to the Donor for all losses arising out of or in connection with these Terms and Conditions, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the fees paid by the Donor for the Services.
3.3 Nothing in these Terms and Conditions shall exclude or limit the NFT Consultancy’s liability for: (a) death or personal injury caused by NFT Consultancy negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by European law.
4.1 The NFT Consultancy shall comply with its obligations under the European Union’s General Data Protection Regulation (GDPR) in relation to the processing of Personal Data.
4.2 The Donor acknowledges that it is the data controller in respect of any Personal Data processed by the NFT Consultancy on the Donors behalf and that the NFT Consultancy is the data processor.
4.3 The Donor shall ensure that it has all necessary consents and permissions in place to allow the NFT Consultancy to process Personal Data on the Donor’s behalf.
4.4 The Donor acknowledges that the NFT Consultancy may sub-contract the processing of Personal Data to third parties.
5.1 All Intellectual Property Rights in the Minting website and the NFT smart contract shall be ownedby the NFT Consultancy.
5.2 The Donor shall have a non-exclusive, non-transferable, royalty-free license to use the Minting website and the NFT smart contract for the purposes set out in the Order Form.
6.1 Neither Party shall be liable for any delay or failure to perform its obligations under these Terms and conditions if the delay or failure is caused by a Force Majeure Event.
6.2 If a Force Majeure Event occurs, the Party affected shall notify the other Party as soon as reasonably possible.
6.3 The Party affected by the Force Majeure Event shall take all reasonable steps to minimize the effect of the Force Majeure Event.
7.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unenforceable, or illegal, the other provisions of these Terms and Conditions shall remain in force.
7.2 If any invalid, unenforceable or illegal provision of these Terms and Conditions would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it valid, enforceable, or legal.
18.1 The NFT Consultancy may at any time assign, transfer, charge, mortgage, sub-contrac,t or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.
18.2 The Donor may not assign, transfer, charge, mortgage, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.
9.1 A person who is not a Party to these Terms and Conditions shall not have any rights under or in connection with them.
10.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Dutch jurisdiction.
10.2 The Parties irrevocably agree that the courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).