TERMS AND CONDITIONS
These are the general terms and conditions of DitisgeenPRbureau.nl. DitisgeenPRbureau.nl is registered with the Chamber of Commerce under number 90457560.
These general terms and conditions apply to all legal relationships between DitisgeenPRbureau.nl and the Client, to the exclusion of general or other terms and conditions of the Client. Deviation from these general terms and conditions of DitisgeenPRbureau.nl is only possible if this has been agreed in writing between the parties.
By using the Website and services, you accept to be bound by these terms and conditions.
The term 'Client' means the (legal) person with whom DitisgeenPRbureau.nl enters into an Agreement, the person who enters into negotiations about it or the person who in some other way uses (the Services of) DitisgeenPRbureau.nl.
'Services' means all services provided by DitisgeenPRbureau.nl to the Client, which includes, but is not limited to, the performance of PR work.
Agreement: any agreement between DitisgeenPRbureau.nl and the Client to provide Services;
Third Party(ies): other natural or legal persons who are not part of this Agreement;
Written: notice via the Website, by Whatsapp, email or in writing;
Website: the website of DitisgeenPRbureau.nl;
TERM AND END OF AGREEMENT
Any agreement to perform work by DitisgeenPRbureau.nl with the Client shall be entered into for an indefinite period of time, unless the parties jointly agree on a specific duration. For each agreement for an indefinite period of time the parties shall mutually agree on a notice period for the termination of that agreement, the notice period being at least two months.
COMPENSATION, EXPENSES AND INVOICES
The costs of third parties DitisgeenPRbureau.nl engages within the framework of the execution of the assignment given to it, will be charged in full to the Principal. Third party costs include (but are not limited to) all invoiced agency and procurement costs as well as fees to third parties.
DitisgeenPRbureau.nl uses the system of pre-invoicing per 3 months. Meaning that the Client receives an invoice before the services have actually been delivered.
DitisgeenPRbureau.nl uses a payment term of 14 working days. If the invoices sent by DitisgeenPRbureau.nl are not paid by the Client by the 16e day after the date of sending has been paid by transfer to the bank account of DitisgeenPRbureau.nl then the Client is in default (by operation of law) without a notice of default being necessary. If the Client is of the opinion that the invoice of DitisgeenPRbureau.nl has not been drawn up correctly or contains imperfections, the Client has 15 days at the latest, equal to the aforementioned payment term, to make its objections to the invoice known to DitisgeenPRbureau.nl in writing by email.
If the Client is in default of payment of any amount, he shall owe commercial interest pursuant to Article 6:119a of the Dutch Civil Code on the amount due as from the day on which the default commenced. The Client shall then also owe the extrajudicial collection costs on the outstanding amount. These costs are fixed at 15 percent of the outstanding amount, with a minimum of € 50.00.
The Client shall never have the right to set off the amounts of any outstanding invoices of DitisgeenPRbureau.nl against that which the Client believes it can claim from DitisgeenPRbureau.nl.
The parties undertake to keep confidential all confidential information obtained from each other or from other sources in the context of the agreement, both in writing and orally. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information.
DitisgeenPRbureau.nl will perform the agreed services to the best of its ability and make every effort, with the required competence, to achieve the desired result. Parties are aware that DitisgeenPRbureau.nl cannot guarantee any, therefore also not the desired result by the Client.
DitisgeenPRbureau.nl tests its work to generally applicable legal regulations and standards and industry rules and customs. The final responsibility for the content of communicative expressions within the framework of the execution of the assignment always rests with the Client.
If a complaint is filed against the Client, the Client will decide in consultation with DitisgeenPRbureau.nl on the manner of defense against it. If (also) DitisgeenPRbureau.nl is sued in court, DitisgeenPRbureau.nl has the right to put up a defense independently, possibly independent of any defense of the Client. In such case the Client is obliged to reimburse the reasonable costs incurred by DitisgeenPRbureau.nl in connection with the conducted defense.
Complaints should be submitted in writing with a clear statement of content about the complaint. Complaints reported eight days after: the first notification, or, after the termination of the cooperation agreement, DitisgeenPRbureau.nl indemnifies from all liability.
Client is responsible for the accuracy, completeness and reliability of the data and information provided to DitisgeenPRbureau.nl, even if they originate from third parties.
The additional time and costs resulting from the delay in the execution of the agreement, caused by the failure to provide the requested data and/or documents, on time or properly, shall be borne by the Client.
DitisgeenPRbureau.nl is not liable for damages of any kind because DitisgeenPRbureau.nl has relied on incorrect and, or incomplete information provided by the Client.
If DitisgeenPRbureau.nl can still be held liable in a concrete case, regardless of what is stipulated in this article, the total liability of DitisgeenPRbureau.nl will be limited to compensation for damages up to a maximum of the amount of the fee stipulated for that Agreement (excluding VAT).
The amount of compensation will never exceed the amount paid out by the liability insurance of DitisgeenPRbureau.nl.
The Other Party indemnifies DitisgeenPRbureau.nl for any claims of third parties who suffer damage in connection with the execution of the Agreement.
Conditions for the occurrence of any right to compensation is always that the Other Party reports the damage as soon as possible after its occurrence to DitisgeenPRbureau.nl in writing. Any claim for damages against DitisgeenPRbureau.nl shall lapse by the mere expiry of 12 (twelve) months after the claim arose.
DitisgeenPRbureau.nl is not liable for damages, of any nature whatsoever, because DitisgeenPRbureau.nl has relied on incorrect and / or incomplete data provided by the Other Party or if the Other Party has provided these data too late.
DitisgeenPRbureau.nl is not liable for damage inflicted by auxiliary persons as referred to in article 6:76 of the Civil Code.
DitisgeenPRbureau.nl and Client are entitled, without notice of default and obligation to pay damages, to terminate the agreement in whole or in part, or, at its option, to suspend further performance of the agreement, if:
- the other party is declared bankrupt;
- the other party applies for suspension of payment;
- the other party proceeds to liquidate its business;
- the other party is placed in receivership or dies.
All legal relations between the Client and DitisgeenPRbureau.nl shall be governed by Dutch law. All disputes shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam.
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