GENERAL TERMS AND CONDITIONS 

1          In general

1.1      These general terms and conditions are applicable to each and every agreement or legal relationship between Meester Bas Meeuwsen, hereinafter referred to as the service provider, and a counter party, hereinafter referred to as the client. The service provider will be authorised to amend these general terms and conditions. The amended terms and conditions will, as from the moment the amendments come into full force and effect, apply to work activities with respect to new assignments as also to work activities with respect to ongoing assignments.

1.2      The service provider as well as all other individuals involved in the execution of any assignment of a client may invoke these general terms and conditions.

1.3      The applicability of articles 7:404 and 7:407 paragraph 2 of the Netherlands Civil Code is excluded, except insofar it involves interim assignments.

1.4      These general terms and conditions will also apply to additional assignments and continued assignments of clients.

2          Relation service provider – client

2.1      The service provider will be held to observe the care which, as a result of the provided assignments, may, taking the given circumstances into consideration, may reasonably be expected. The service provider will not guarantee achievement of the contemplated result.

2.2      The client will be held to provide all facts and circumstances, which could be of importance with respect to the correct execution of the assignment, as well as all requested data and information to the service provider. The client will ensure the correctness and completeness of all data and information provided to the service provider.

2.3      The execution of the assignment will exclusively take place for the benefit of the client. The service provider and the client will always be entitled to prematurely terminate the assignment.

2.4      With regards to the execution of an assignment the service provider may involve one or more individuals or organisations that are not, directly or indirectly, associated with the service provider, except insofar it involves interim assignments.

3          Liability

3.1      In the event, upon execution of an assignment of a client, an unexpected circumstance takes place which would lead to liability of the service provider, such liability will be limited to the amount or the amounts in respect of which the service provider concluded a, professional, liability insurance, to be increased with the amount of the excess which the service provider will need to bear in connection with such insurance. A circumstance as intended by the previous sentence will also include neglect. In the event, for whatever reason, no payment will take place by virtue of the insurance each and every liability will be limited to the amount charged by the service provider with respect to the relevant case in the relevant year, with the exclusion of advances and turnover taxes and for interim assignments each and every liability will in that case be limited to the amount charged over the past three months.

3.2      In the event damages, as a result of or in connection with the execution of an assignment of a client or otherwise, are inflicted to individuals or goods in respect of which the service provider may be held liable, such liability will be limited to the amount or the amounts covered by the general liability insurance concluded by the service provider, to be increased with the amount of the excess which the service provider will need to bear in connection with the insurance.

3.3      Without prejudice to the provisions contained in article 6:89 of the Netherlands Civil Code, the right for compensation of damages will in any case expire six months after the circumstance from which the damages directly or indirectly derive and in respect of which the service provider is held liable.

3.4      The client will indemnify the service provider from claims of third parties.

3.5      The applicability of article 6:76 of the Netherlands Civil Code is excluded. A shortcoming of an individual who is not associated with the service provider but who, in conformity with article 2.4 is involved in the execution of an assignment, may only be attributed to the service provider in the event the client demonstrates that the choice of this individual has not been meticulous.

3.6      It may be possible that individuals who are involved in the execution of an assignment of a client want to limit their liability in connection therewith. The client agrees that the service provider will accept provisions limiting the liability of third parties for and on behalf of the client.

4          Fees and expenses declaration

4.1      The service provider will charge a fee in respect of his work activities which will, in principle, be based on an hourly fee, the time dedicated to the matter, a 5% flat-fee compensation for office expenses as well as the incurred costs. All to be increased with turnover taxes. With respect to interim assignments office expenses will not be charged.

4.2      The service provider will be entitled to amend the used hourly fee and the charged compensations. The service provider will at all times be entitled to request the client for an advance with respect to the fee and the costs to be incurred.

4.3      Payment of expenses declarations will need to take place within 14 days after the date of the invoice and without suspension or settlement. All, extra, judicial costs in connection with collection of expenses declarations will be borne by the client. Complaints with respect to expenses declarations need to be reported, in writing, within the indicated payment term.

4.4      The service provider will be entitled to settle the amounts which he conditionally and/or reasonably claims and/or will claim from the client with the amounts he, reasonably, needs to and/or will need to pay to the client. 

5          Applicable law

General Conditions (1.2) d.d. 01-01-2012