Genaral Terms and Conditions

Definitions:

In these Terms and Conditions, the following definitions apply:

1. User: The party entering into the agreement with the Client and performing the activities/services as per the agreement.
2. Client: The party assigning the User to perform the activities/services and entering into the agreement with the User for that purpose.
3. Agreement: The agreement between the User and the Client regarding the activities/services to be performed by the User, to which these terms and conditions apply.
4. Terms: The conditions applicable to the Agreement, including these terms and conditions, referred to as 'these Terms' or 'the present Terms'.
5. Force Majeure: All circumstances that a careful service provider could not avoid and whose consequences he could not prevent. Force majeure includes, among others: fire, explosion, and flooding due to natural disasters, as well as their consequences.

Article 1: General

Article 2: Quotations, Offers, and Formation of Agreement

1. All quotations and offers from the User are non-binding unless a term for acceptance is stated in the quotation. If no acceptance term is stated, no rights can be derived from the quotation or offer if the service or product to which the quotation or offer relates has become unavailable in the meantime.

2. The User cannot be held to his quotations or offers if the Client can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or clerical error.

3. The prices mentioned in a quotation or offer are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the agreement, including travel and accommodation, shipping, and administration costs, unless otherwise indicated.

4. If the acceptance deviates (whether or not on minor points) from the offer included in the quotation or offer, the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the User indicates otherwise.

5. A composite price quotation does not oblige the User to perform part of the assignment at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

6. The agreement is concluded as soon as the Client has reached the written or emailed acceptance of the User's offer. The acceptance of the offer must show that the Client agrees with the applicability of these general terms to the agreement. If no quotation has been issued, the agreement is concluded by signing the agreement by both parties.

7. If the agreement prepared by the User is not returned to the User within seven days after sending, the User reserves the right to withdraw from the agreement.

8. Changes to the agreement and deviations from these general terms will only be valid if they are agreed upon in writing or by email between the User and the Client.

Article 3: Duration of Agreement, Execution Terms, Risk Transfer, Execution, and Amendment of Agreement

1. The agreement starts and ends on the date mentioned in the quotation and/or written confirmation of the agreement.

2. If a term has been agreed or stated for the performance of certain activities or the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Client must notify the User in writing of default. The User must be given a reasonable term to still execute the agreement.

3. The User will execute the agreement to the best of his knowledge and ability and in accordance with the requirements of good craftsmanship, based on the state of science known at that time.

4. The User has the right to have certain activities performed by third parties. The applicability of articles 7:404, 7:407 paragraph 2, and 7:409 BW is expressly excluded.

5. If activities are carried out by the User or third parties engaged by the User at the Client's location or a location designated by the Client, the Client will provide the facilities reasonably required by those employees free of charge.

6. If the agreement is executed in phases, the User can suspend the execution of those parts that belong to a following phase until the Client has approved the results of the preceding phase in writing.

7. The Client ensures that all details and points of attention that the User indicates are necessary or that the Client should reasonably understand to be necessary for the execution of the agreement are provided to the User in a timely manner. If the points of attention are not met or the necessary data for the execution of the agreement are not provided to the User in time, the User has the right to suspend the execution of the agreement and/or to charge the Client the additional costs resulting from the delay according to the usual rates at that time. The execution term does not start earlier than after the Client has made the data available to the User. The User is not liable for damage of any kind, resulting from the User having based on incorrect and/or incomplete information provided by the Client.

8. If it appears during the execution of the agreement that it is necessary to amend or supplement it for proper execution, the parties will timely and in mutual consultation proceed to adjust the agreement. If the nature, scope, or content of the agreement is changed, whether or not at the request or indication of the Client, the competent authorities, etc., and the agreement is thereby changed in qualitative and/or quantitative terms, this may have consequences for what was originally agreed. As a result, the originally agreed amount may be increased or decreased. The User will provide a quotation in advance as much as possible. By changing the agreement, the originally stated term of execution may also be changed. The Client accepts the possibility of changing the agreement, including the change in price and term of execution.

9. If the agreement is amended, including an addition, the User is entitled to first execute it after approval has been given by the authorized person within the User and the Client has agreed to the price and other conditions specified for the execution, including the time to be determined at that time when it will be executed. The non-execution or non-immediate execution of the amended agreement does not constitute a breach of contract by the User and is no reason for the Client to terminate or cancel the agreement.

10. Without being in default, the User can refuse a request to amend the agreement if this could have consequences in qualitative and/or quantitative terms, for example, for the work to be performed in that context or the goods to be delivered.

11. If the Client fails to properly fulfill his obligations towards the User, the Client is liable for all damage on the part of the User thereby directly or indirectly caused.

12. The User reserves the right to engage third parties in the execution of the agreement if deemed necessary or desirable by the User.

13. If the agreed start time is exceeded by more than half an hour, the User reserves the right to leave and the Client is liable to pay the total agreed price.

Article 4: Confidentiality

1. The User treats all information obtained before or during the execution of the work about the Client and third parties (participants) confidentially.

2. The Client undertakes to use all information obtained in the context of the execution only for the purpose for which the agreement was concluded and to treat it confidentially. The Client ensures that the information cannot be viewed by third parties or come into the hands of third parties.

Article 5: Intellectual Property

1. The User reserves the rights and powers vested in him under the Copyright Act and other intellectual property laws and regulations. The User has the right to use the knowledge gained through the execution of an agreement for other purposes, provided that no strictly confidential information of the Client is disclosed to third parties.

2. It is expressly forbidden for the Client to make sound recordings, video recordings, and/or photos during the execution of the work without prior permission from the User.

3. The Client is not allowed to use the User's logo or trademark for its own advertising or other publication purposes without written permission.

4. The Client is expressly forbidden to reproduce, disclose, or exploit products, including methods, advice, exercises, and other intellectual products, whether or not with the involvement of third parties.

Article 6: Prices/Rates

1. The applied rates (excluding VAT) for the provided services will be sent electronically via the following:

- Agreement;

- Quotation.

Article 7: Payment and Collection Costs

1. The User sends an invoice after completion of the work.

2. Payment must be made within 28 days of the invoice date, in a manner specified by the User in the currency invoiced, unless otherwise indicated in writing by the User.

3. If the Client fails to make timely payment of an invoice, the Client is in default by operation of law. The Client is then liable for the statutory (commercial) interest. The (commercial) interest on the payable amount will be calculated from the moment the Client is in default until the moment of full payment of the outstanding amount.

4. The User has the right to allocate payments made by the Client first towards the costs, then towards the accrued interest, and finally towards the principal sum and the ongoing interest. The User can refuse an offer of payment if the Client designates a different order of allocation. The User can refuse full repayment of the principal sum if the accrued and ongoing interest and collection costs are not also paid.

5. The Client is never entitled to set off the amount due to the User. Objections to the amount of an invoice do not suspend the payment obligation. The Client who cannot invoke section 6.5.3 (articles 231 to 247 book 6 BW) is also not entitled to suspend the payment of an invoice for any other reason.

6. If the Client is in default in (timely) fulfillment of his obligations, all reasonable costs incurred to obtain payment out of court are borne by the Client. The default of the Client who is a natural person, not acting in the exercise of a profession or business (private Client), occurs after he has been reminded to pay within 28 days after the day of the reminder and payment remains forthcoming. The reminder will also indicate the consequences of non-payment. The out-of-court costs are calculated based on what is customary in the Dutch collection practice. If the User incurs higher collection costs that were reasonably necessary and the Client is not a natural person who is not acting in the exercise of a profession or business (business Client), the actual costs incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Client. The Client is also liable for interest on the collection costs due.

Article 8: Cancellation by Client

1. If the Client cancels an assignment, the Client owes the User a fee:

- 50% of the contractually agreed price for cancellations more than 12 weeks before the start of the work;

- 75% of the contractually agreed price for cancellations within 12 weeks before the agreed start of the work;

- 100% within 4 weeks before the agreed start of the work.

2. Rescheduling an already contracted assignment by the Client is considered as cancellation of that assignment.

3. The User, reserving rights to do so, is free to deviate from the conditions mentioned in article 8. At his own discretion, the User can think along about a suitable solution.

Article 9: Suspension, Dissolution, and Cancellation

1. The User is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the Client:

- Does not fulfill the obligations from the agreement;

- Does not fulfill them fully;

- Does not fulfill them on time.

2. The authorities from article 9.1 will come into effect for the User after concluding the agreement if:

- Circumstances that become known give good reason to fear that the Client will not fulfill the obligations;

- If the Client was requested to provide security for the fulfillment of his obligations from the agreement when concluding the agreement and this security is not forthcoming or is insufficient; or

- If due to the delay on the part of the Client it can no longer be required of the User to fulfill the agreement against the originally agreed conditions.

3. The mentioned authorities in article 9.1 apply while retaining the rights mentioned in article 8.

4. Furthermore, the User is authorized to dissolve the agreement if circumstances arise that make fulfillment of the agreement impossible or if other circumstances arise that are of such a nature that unchanged maintenance of the agreement cannot reasonably be demanded from the User.

 The dissolution takes place through a written statement from the User, or via email to the Client.

5. If the agreement is dissolved, the User's claims against the Client are immediately due and payable. If the User suspends the fulfillment of the obligations, he retains his rights under the law and agreement.

6. If the User proceeds to suspension or dissolution, he is in no way obliged to compensate for damage and costs arising in any way.

7. If the Client fails to fulfill his obligations arising from the agreement and this non-fulfillment justifies dissolution, the User is entitled to dissolve the agreement immediately and with immediate effect without any obligation on his part to pay any compensation or indemnification, while the Client is obliged to pay compensation or indemnification due to default.

8. If the agreement is terminated prematurely by the User, the User will, in consultation with the Client, ensure the transfer of any remaining work to third parties, unless the termination is attributable to the Client. If the transfer of the work entails extra costs for the User, these will be charged to the Client. The Client is obliged to pay these costs within the specified period, unless the User indicates otherwise.

9. In the event of liquidation, suspension of payment, or bankruptcy, of seizure – if and insofar as the seizure is not lifted within three months – at the expense of the Client, of debt restructuring or any other circumstance whereby the Client no longer freely disposes of his assets, the User is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement without any obligation on his part to pay any compensation or indemnification. The User's claims against the Client are in that case immediately due and payable.

Article 10: Force Majeure

1. The User is not obliged to fulfill any obligation towards the Client if he is hindered from doing so as a result of a circumstance that is not attributable to fault, and neither by law, a legal act, or prevailing views in society can be attributed to him.

2. Force majeure in these general terms means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which the User cannot exert influence, but as a result of which the User is unable to fulfill his obligations. The User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the User should have fulfilled his obligation.

3. The User can suspend the obligations under the agreement during the period that the force majeure lasts. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without obligation to compensate for damage to the other party.

4. Insofar as the User has partially fulfilled or will fulfill his obligations under the agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled has independent value, the User is entitled to invoice the part fulfilled or to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate agreement.

Article 11: Liability

1. If the User is liable, this liability is limited to what is arranged in this provision.

2. The User is not liable for damage, of any nature, caused by the User relying on incorrect and/or incomplete information provided by or on behalf of the Client.

3. If the User is liable for any damage, the User's liability is limited to the contractually agreed price, or at least to that part of the order to which the liability relates.

4. The User's liability is always limited to the amount of the payment made by his insurer in the relevant case.

5. The User is only liable for direct damage.

6. Direct damage is exclusively understood as the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage in the sense of these terms, the reasonable costs incurred to have the defective performance of the User comply with the agreement, insofar as these can be attributed to the User, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms. The User is never liable for indirect damage, including consequential damage, lost profit, missed savings, and damage due to business stagnation.

7. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the User.

Article 12: Indemnification

1. The Client indemnifies the User against any claims from third parties, who suffer damage in connection with the execution of the agreement and whose cause is attributable to others than the User. If the User is held liable by third parties on that account, the Client is obliged to assist the User both extrajudicially and judicially and to do all that may be expected of him in that case without delay. Should the Client fail to take adequate measures, the User is entitled, without notice of default, to do so himself. All costs and damage on the part of the User and third parties thereby incurred are for the account and risk of the Client.

Article 13: Complaints

1. A complaint regarding the performed work and/or the invoice amount must be made known in writing or by email within 8 days.

2. A complaint as referred to in the first paragraph does not suspend the payment obligation. The Client remains obliged to take delivery and payment of the otherwise ordered goods and what he has instructed the User to do.

3. If a defect is reported later, the Client is no longer entitled to repair, replacement, or compensation.

4. If it is established that a complaint is unfounded, the costs incurred as a result, including the research costs, are entirely for the account of the Client.

5. In deviation from the statutory limitation periods, the limitation period for all claims and defenses against the User and the third parties involved by the User in the execution of an agreement is one year.

Article 14: Applicable Law and Disputes

1. All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship resides there.

2. The court in the User's place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the User has the right to submit the dispute to the competent court according to the law.

3. The parties will only appeal to the court after they have made every effort to resolve a dispute in mutual consultation.

Article 15: Amendments to Terms

1. These terms and conditions are published on the User's website.

2. The version applicable is always the version valid at the time of the establishment of the legal relationship with the User.

3. The Dutch text of the general terms and conditions is always decisive for their interpretation.

Referenties

'Humor, een ware storyteller, nieuwe inzichten, relevante voorbeelden, anders denken, af en toe een 'dat meen je niet!' moment. We zaten vanuit KPMG Nederland aan onze stoel vastgeplakt. Geen moment verveeld en ontzettend veel lol gehad met de gave opdrachten die Rico in zijn talk had toegevoegd. De reacties vanuit onze mensen waren heel positief! Zijn talk zit boordevol concrete handvatten waar je direct mee in je werk aan de slag kunt. Daarnaast: het is ontzettend prettig om met Rico samen te werken. Heel flexibel, denkt mee en heel professioneel. Ook zijn persoonlijke digitale set-up maakt dat zijn talk ook digitaal heel fijn is om naar te luisteren én te bekijken.'

 

Jorieke Markerink
Senior Manager KPMG

 

'Gisteren hebben wij een fantastische kennismiddag beleefd met Rico. Iedereen was laaiend enthousiast, de energie was de hele middag hoog. Mijn verwachtingen zijn zondermeer overtroffen en we hebben er concrete nieuwe ideeën, om nog beter met onze klanten te kunnen samenwerken, aan overgehouden. Top Rico! Bedankt.'

 

Tony Rook
Operationeel Manager MoveBeyond

'Tijdens het kwartaal event van CompaNanny kinderopvang met 100+ collega’s kregen we een interactieve masterclass van Rico over de kracht van het slechte idee en iedereen was super enthousiast. Rico heeft een geweldige positieve energie en wist iedereen met aandacht mee te krijgen in zijn verhaal. Met de focus op groei zijn we de laatste tijden vooral bezig met organiseren en processen en juist die creativiteit is zo belangrijk. Met Rico zijn methodes denk je echt buiten de gebaande laden en ook met zo’n grote groep kwamen er goede ideeën uit waar we mee aan de slag gaan bij CompaNanny. Kortom echt een aanrader om Rico een keer in te huren voor een sessie dat is nou écht een goed idee 🙃'

 

Floor Waterreus
Event Manager CompaNanny Nederland

Psst... Ik heb nog véél meer referenties... Bekijk ze hier!