Cooltree Terms & Conditions

At Cooltree, we take your data seriously. These T&C's outlines how and why we collect information from our users, how we use this information, and how we protect your privacy.

1. CoolTree B.V. is a private company under Dutch law, established in Leusden, whose objective is to advise clients on sustainability, GRESB, algorithms, data structures and advice on data platforms, among other things.

2. These Terms and Conditions shall apply to all instructions from the client to CoolTree B.V. All agreements relate to best efforts obligations and never to result obligations. All assignments are considered exclusively to CoolTree B.V. and not to any CoolTree B.V. associated person. This also applies if it is the intention of the parties that an assignment by a specific item to CoolTree B.V. connected person will be performed. The client cannot be a natural person or legal entity other than CoolTree B.V. to comply with the agreement or to make damages. Third parties cannot derive any rights from the work performed and the results thereof.

3. Without prejudice to the provisions of Article 2, these Terms and Conditions apply not only to CoolTree B.V., but also to all natural and legal persons who directly or indirectly provide CoolTree B.V. are connected and in any way in the provision of services by or on behalf of CoolTree B.V. are involved.

4. CoolTree B.V. is, except in the case of intent or gross negligence, not liable to the client or third parties for whatever reason, including but not limited to damage or losses incurred as a result of the actions or omissions of CoolTree B.V. Claims related to alleged liability of CoolTree B.V. must be submitted in writing and with reasons as soon as possible, but no later than six (6) months after the damage occurred.

5. CoolTree B.V. is not liable to the client and the client indemnifies CoolTree B.V. for obligations and agreements that CoolTree B.V. entered into with or that arose for them towards the client or third parties, to the extent done with the approval of the client.

6. Work will be charged to the client on a monthly basis with a payment term of fourteen (14) days, to be calculated from the date of the invoice. In the absence of timely payment, CoolTree B.V. entitled to charge statutory interest.

7. All intellectual property rights and know-how arising from or related to (the possible conclusion of) an agreement or the execution of activities/assignments (hereinafter: "IP rights") belong exclusively to CoolTree BV, regardless of where or when these IP rights arise. Nothing in these General Terms and Conditions or any other agreement is intended to transfer any IP rights.

8. CoolTree B.V. and the client agree that the client will not, without the consent of CoolTree B.V., directly or indirectly approach, engage for work (whether as a freelancer or not), or hire employees of CoolTree B.V. who have had direct and substantive contact with the client during the execution of the activities, both during the assignment and for a period of twelve (12) months after its termination. In the event of a breach of this provision, the client shall pay CoolTree B.V. an amount equal to one hundred percent (100%) of the base annual salary of the respective employee in their new position, without prejudice to the right to other (damage) compensations.

9. The legal relationship between the client and CoolTree B.V. is governed by Dutch law. Disputes will be exclusively resolved by the competent court in Amsterdam.