GENERAL TERMS FOR GREAT EXPATATION – RELOCATION SERVICES
Article 1 Definitions
1. Great Expatation, established in Amsterdam, Chamber of Commerce number 71195343, becomes the contractor.
2. The other party becomes the client.
3) The assignment of fees and costs towards the client acts for the user and the applicability of the terms of use explained.
Article 2 General terms
1. These terms apply to all offers, invoices, work, agreements and deliveries of services not stated by these terms and conditions of enforcement, not expired and rejected in writing.
2. The most recently sent version of these general terms applies.
3. If at any time one of several provisions in these general terms are wholly or partially invalid from being destroyed.
4. If application of an agreement takes place, these general provisions apply.
Article 3 Offers
1. If no acceptance period is specified in the quotation, the quotation expires after 30 calendar days.
2. The contractor cannot be held to its offer if the client could reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
3. Offers do not automatically apply to follow-up orders.
Article 4 Rates and payments
1. The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. The stated rates are exclusive of VAT. Any additional costs, such as travel costs, are indicated separately.
3. The rates agreed upon entering into the agreement are based on the price level applied at that time and are tailor-made for the wishes and requirements of the client. The contractor has the right to adjust the fees annually as of January 1, or when circumstances require it. Adjusted rates are communicated to the client as soon as possible.
4. If a package price is not used, an estimate will be given of the number of hours required based on experience with similar projects. No rights can be derived from this estimate. The actual number of hours worked will be invoiced. The client is informed in time of expected overtime.
5. Contractor is entitled to demand a down payment, after which the remaining amount is paid after delivery of the services, unless otherwise agreed
6. Additional work is invoiced based on the usual hourly rate of the contractor. Additional work will never be carried out without the approval of the client.
7. If the contractor has mediated in the establishment of a cooperation between the client and a third party, it is entitled to charge a commission.
8. Invoices must be paid within 14 calendar days, unless a different period is stated on the invoice or the parties have agreed otherwise.
9. If the client fails to pay an invoice on time, the client is legally in default and owes statutory interest. The interest on the claimable amount will be calculated from the moment the client is in default until the moment of payment of the full amount due, without further notice of default.
10. If the client is in default or in default in the fulfillment of its obligations, all reasonable costs for obtaining satisfaction out of court will be borne by the client.
11. In the event of liquidation, bankruptcy, seizure or suspension of payment of the client, the claims of the contractor against the client are immediately claimable.
Article 5 Provision of information to the client and implementation of the agreement
1. Client makes all information that is relevant to the execution of the assignment available to the contractor in a timely manner.
2. The client guarantees the correctness, completeness and reliability of the information made available, even if it originates from third parties. The contractor will treat the data confidentially.
3. The client indemnifies the contractor against any damage resulting from non-compliance with the provisions of the first paragraph of this article.
4. The client must give the contractor all powers and documents that are deemed necessary for the optimum performance of the agreement.
5. The contractor carries out the assignment to the best of his knowledge and ability. It is not liable for failure to achieve the result that the client intended.
6. In addition to what is stipulated in paragraph 5 of this article, the tasks that have been agreed upon are performed. If for any reason the contractor cannot fulfill its part of the agreement, it will try to arrange an equivalent replacement for its duties. If this fails, the client is only obliged to pay the payment for the tasks that have been successfully completed by the contractor.
7. The contractor is entitled to engage third parties in the performance of the agreement.
8. The contractor is not obliged to perform work that is contrary to its professionalism, a right of third parties or a legal obligation.
9. Assignments with a deadline must be offered within a reasonable period. It must be plausible at all times that the given periods are feasible. Assessment of this lies entirely with the contractor.
Article 6 Amendment and cancellation of the agreement
1. If during the execution of the assignment it appears that it is necessary to change or supplement the work to be performed, the parties will adjust the agreement in a timely manner and in consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion can be influenced. The contractor will inform the client of this as soon as possible.
3. If the invoices are not paid or are not paid on time, the contractor has the right to suspend the work until the agreed part is still paid. A late delivery cannot in this case be invoked against the contractor.
4. Cancellation of the agreement by the client is only possible in writing. If the agreement is dissolved within 5 calendar days after signing the quotation, cancellation is free of charge, whereby the deposit will be returned within 2 working days; in the event of cancellation after 5 calendar days after signature, the contractor is not obliged to return the deposit.
5. If the client wishes to terminate the agreement when the work has started, the down payment is immediately due and payable.
Article 7 Ascendency
1. In the event of ascendency, the contractor is entitled to interrupt, move or cancel its work. Ascendency exists, among other things, if the performance of the agreement, temporarily or otherwise, is prevented by circumstances beyond which the contractor cannot reasonably exert influence, such as illness, accidents or fire.
2. If a situation as described in the first paragraph of this article occurs, or other circumstances occur as a result of which the contractor is temporarily unable to perform its work, the obligations of the contractor towards the client will be suspended as long as it cannot meet its obligations. In such a situation, the parties jointly look for a solution. If this situation has lasted longer than 30 calendar days without appropriate solution, both parties have the right to terminate the agreement in writing.
Article 8 Liability for damage
1. The contractor is not liable for damage arising from this agreement, unless the damage was caused intentionally or with gross negligence.
2. The contractor is not liable for damage caused because it is based on incorrect or incomplete information provided by or on behalf of the client.
3. The client is ultimately responsible for checking the quality of the work performed.
4. The client remains responsible at all times for the application or execution of knowledge or actions as advised by the contractor.
5. The contractor is not liable for actions or delays caused by suppliers and other third parties involved in the implementation of the agreement.
6. In the event that the contractor owes compensation to the client, the damage does not exceed the amount charged by the contractor.
7. The client indemnifies the contractor against all claims from third parties that are related to the work delivered by the contractor.
Article 9 Complaints
1. The client is obliged to inform the contractor in writing and motivated about complaints about quotations, invoices and / or the work performed and services provided as quickly as possible, but no later than within 14 calendar days after the complaint arose.
2. If a defect is reported later, the client no longer has an absolute right to repair, replacement or compensation.
Article 10 Intellectual Property
1. The rights to the materials and content made available by the contractor to the client rest with the contractor. The client is expressly not permitted to reproduce the material and documentation provided, to make it public or to make it available to third parties without prior permission.
2.With entering into the agreement, the client gives the contractor permission to use visual material for advertisements, social media, portfolio and demonstration material. If this is not desired by the client, this must be stated when entering into the agreement.
Article 11 Special provisions
1. Both parties are required to maintain the confidentiality of all confidential information that they have received in the context of their agreement. Client is referred to the privacy statement for more information.
Article 12 Dispute settlement
1. Dutch law applies to these terms and conditions.
2. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation. Disputes are only settled in the district in which the contractor is established.
3. Contrary to the legal limitation periods, the limitation period of all claims and defenses against the contractor and third parties involved is 12 months.