GENERAL CONDITIONS OF SERVICE (B2C)
Article 1: Definitions
- DW Housing, located in Krimpen aan den IJssel, Chamber of Commerce number 69764417, is referred to in these terms as a service.
- The counterparty of service in these terms and conditions referred to as principal.
- Parties are service and client together.
- The agreement refers to the service agreement between the parties.
Article 2: Applicability General Conditions
- These conditions apply to all offers, deals, activities, agreements and deliveries of goods or services by or on behalf of service.
- Deviation from these conditions unless expressly written and agreed by the parties.
- The agreement provides for services still required efforts, no result obligations.
Article 3: Payment
- Declarations must be made or the invoice paid within 14 days after the invoice date, unless the parties other agreements mentioned another pay period.
- Client does not paywithin the agreed period, it shall automatically without requiring any reminder is needed in default. From that moment onservice provider is entitled to suspend its obligations until the client has fulfilled its payment obligations.
- Client remains in default, will service proceed to recovery. The costs relating to the recovery shall be borne by the client. If the customer is in default, it statutory interest and extrajudicial collection costs and other damage due to service provider. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- In case of liquidation, bankruptcy, seizure or suspension of payment of the client’s claims of service to the client immediately due and payable.
- Client refuses to cooperate with the execution of the contract by the service provider, he is still obliged to pay the agreed price for services.
Article 4: Offers and tenders
- Offers are not binding and at most one month valid unless called another time of accepting the offer. If the offer is not accepted within the deadline, the offer lapses.
- Delivery times in quotations are indicative and copper exceeded them no right to rescission or damages, unless the parties expressly and otherwise agreed in writing.
- Offers and tenders shall not apply automatically to repeat orders. Parties must expressly and in writing.
Article 5: Prices
- The on offers and invoices prices include the VAT, unless otherwise agreed.
- The prices of goods are based on cost prices being known at that time. These increases, which could not be provided by the service provider at the time of making the offer or the conclusion of the agreement could lead to price increases.
- Regarding services to parties at the conclusion of the contract agree on a fixed price.
- If no fixed price is agreed, the tariff for the service can be determined on the basis of the hours actually worked. The rate is calculated according to the usual hourly rates of service, applicable to the period in which he carried out the work, unless a different hourly rate has been agreed.
- If no fee has been agreed on the basis of the hours actually worked, the service is agreed on a target price, which service provider is entitled to deviate from here to 10%. If the target price more than 10% higher is going to fall off, service customer must make timely know why a higher price is justified. Principal in that case the right to a share of the contract expired, exceeding the target price increased by 10%.
Article 6: Price Directory
- Service is authorized to increase its rates annually on 1 July according to the consumer price index (CPI) for all households.
Article 7: Providing information by client
- Client should make all information available to service relevant to the performance of the contract.
- Client is obliged all information and documents that service considers necessary for the proper execution of the contract, in due time and in the desired shape and to make available in the desired manner.
- Client is responsible for the correctness, completeness and reliability of the data made available to service and, also if these originate from third parties, provided that does not provide otherwise, the nature of the assignment.
- If, and this calls for far client, server returns the relevant documents.
- Sets client does not timely or properly by the service provider information and documentation available and extends the performance of the contract will be delayed, then the resulting additional costs and fees payable by the client.
Article 8: Withdrawal instruction
- The client is free to terminate the contract of service at any time.
- If the customer withdraws the contract, client shall pay the salary and the expenses incurred by service provider.
Article 9: Implementation of the agreement
- Service carries out the agreement to the best of its ability and in accordance with the requirements of good craftsmanship.
- Service provider has the right to perform work by third parties.
- The implementation is done in consultation and written agreement and payment of any agreed advance.
- It is the responsibility of the customer that service can begin on time on the job.
Article 10: Contract assignment
- The agreement between the client and service provider for an indefinite period, unless the nature of the agreement, something otherwise or parties and expressly agree otherwise in writing.
- Parties agreed within the term of the contract for the completion of certain activities a time, this is never a deadline. Beyond this period the customer must service a written notice of default.
Article 11: Amendment of Agreement
- Accordingly, if during the execution of the agreement shows that for a proper execution of the contract is necessary to change the work to be done to complete, and timely adjust parties in consultation agreement.
- If the parties agree that the arrangement is modified or supplemented, the time of completion of the execution can be influenced. Service allows the client of this as soon as possible.
- If the amendment or supplement to the agreement has financial and / or qualitative consequences, light service client thereof in writing as soon as possible.
- If the parties have agreed a fixed fee, thereby giving service to what extent the amendment or supplement to the agreement will result in an increase of said fee.
Article 12: Force Majeure
- In addition to the provisions of Article 6:75 Civil Code is that a failure of service in the performance of any obligation towards the client cannot be attributed to service in the event of a service independent of the will of circumstances, thus fulfilling its obligations towards client is wholly or partly prevented or required to fulfill its obligations cannot reasonably be required of service. These circumstances shall also include non-performance by suppliers or other third parties, power failures, computer viruses, strikes, bad weather and work stoppages.
- If a situation as referred to above occurs as a result of which service provider is unable to meet its obligations to the client, those obligations will be suspended until service cannot meet its obligations. If the situation envisaged lasted 30 days in the previous sentence, the parties have the right to dissolve the agreement entirely or partially.
- Service in the case referred to is not held in the second paragraph of this article to pay any damages, even if service due to force majeure enjoy any benefit.
Article 13: Transfer of rights
- Rights of a party under this Agreement may not be transferred without the prior written consent of the other party. This provision is a clause with property law action under Article 3:83, subsection Civil Code.
Article 14: Insurance
- Client undertakes delivered necessary for the performance of the underlying agreement, and business services attending to customer and goods delivered under retention of title, adequately insure and keep insured against fire, explosion and water damage as well as theft.
- Client gives first request the policy of this insurance available for inspection.
Article 15: Retention of title, suspension right and lien
- Remain the property of the service until the customer has paid the full agreed price goods present and delivered and components for the client. Until then service invoke its retention and business take back.
- If the agreed amount to prepay or not be met on time, service has the right to suspend the work until the agreed part is actually paid. There is talk of creditor default. Delayed delivery cannot be invoked to service in that case.
- Service is not authorized to pledge the goods under retention of title or encumber in any other way.
- If goods have not been delivered, but the agreement continued payment or price is not paid as agreed, service provider has the right of retention. The case will not be delivered until the customer fully and paid as agreed.
- In case of liquidation, insolvency or suspension of payment of the principal of principal obligations due immediately.
Article 16: Joint and several liability
- If the contract is awarded by more than one client, all clients will be jointly and severally liable for the fulfillment of all obligations arising from these terms and this Agreement.
Article 17: Liability
- Any liability for damages arising out of or related to the performance of a contract is limited to the amount paid in the relevant case by the closed (professional) liability insurance (s). This amount is increased by the amount of the excess according to the policy.
- The limitation of liability also applies if service provider is liable for damages resulting directly or indirectly from the improper functioning of the service through the implementation of the mission equipment, software, databases, records or other things.
Article 18: Liability Client
- Where an order is granted by more than one person, each of them jointly and severally liable for the amounts payable to service under that contract.
Article 19: Indemnification
- The client indemnifies service against all claims by third parties relating to the goods and / or services provided by the service provider.
Article 20: Complaint Duty
- Client is obliged complaints about the work done directly in writing to the service provider. The complaint contains a detailed description of the failure, so this service is able to respond adequately.
- A complaint cannot lead in any event that can be held service provider to carry out activities other than agreed.
Article 21: Intellectual Property
- Unless the parties agree otherwise in writing, service retains all intellectual absolute rights (including copyright, patents, trademarks, designs and models, etc.) on all designs, drawings, documents, media data or other information, quotes, pictures, sketches, models, models, etc.
- Said absolute intellectual rights may not be copied without written permission of service, shown to third parties and / or made available or used otherwise.
- Client undertakes to maintain the confidentiality of confidential information provided by a service provider to him. Confidential information is in any case understood to mean that on which the article is made, the business data. Client undertakes his staff and / or third parties involved in the implementation of this agreement, to impose a written confidentiality of the scope of that provision.
Article 22: Confidentiality
- Client keeps the information it receives (in whatever form) of service and any other information regarding services which he knows or reasonably suspect that the secret or confidential, or information concerning which he can expect the dissemination other service can cause damage, secret and take all necessary measures to safeguard it also keeps secret the information listed.
- The secrecy mentioned in the first paragraph of this article does not apply to information:
- which at the time the client received that information was already public and was subsequently made public without a breach of confidentiality imposed on him;
- which the client can prove that the information was already in his possession at the time of disclosure by service;
- the client has received from a third party where the third was entitled to provide this information to the client;
- made public by the customer pursuant to a legal obligation.
- The secrecy applies described in this article for the duration of this Agreement and for a period of three years after the end thereof.
Article 23 Penalty for breach of confidentiality or intellectual property
- Breaches principal article of these general conditions of confidentiality or intellectual property, you forfeit client for a service immediately payable fine of € 1,000 for each offense and in addition an amount of € for each day the violation continues. For forfeiture of this penalty does not require notice or judicial proceedings. Also there is no need to be some kind of damage.
- Forfeiture of the penalty specified in the first paragraph of this article shall not affect the rights of other service including his right to claim damages in addition to the fine.
Article 24: Applicable law and jurisdiction
- Each agreement between the parties is exclusively Dutch law.
- When judicial proceedings in one or more provisions of these terms and conditions are deemed to be unreasonably onerous, the remaining provisions shall remain unaffected.
- The Dutch court asks the district where DW Housing Set / practice / office maintains exclusive jurisdiction to settle any disputes between the parties, unless the law requires otherwise.