Terms & Conditions
Article 1 – Definitions
Contractor: Mandy Heruer, trading under the name “Mandy Heruer Expat Relocation Service”
Service(s): all services provided by the Contractor under the Agreement, including in any case independently organizing webinars, providing advice and/or performing coaching activities.
Agreement: the agreement between the Contractor and the Client, based on which the Contractor will provide the Service(s) or have the Service(s) provided to the Client and of which these General Terms and Conditions form an inextricable part.
Client: the natural person who or legal entity that, acting in the course of a profession or a business, concludes the Agreement with the Contractor.
Article 2 – Applicability
2.1. These general terms and conditions apply to all agreements between the Contractor and the Client.
2.2. Unless agreed otherwise in writing, additional and/or deviating conditions of the Client do not bind the Contractor.
2.3. The version of the general terms and conditions applicable at the time of formation applies to any Agreement formed.
Article 3 – Offer and Formation of the Agreement
The Agreement is formed by written consent from the Contractor, on provision of the assignment to the Contractor, and on acceptance of this assignment by the Contractor.
Article 4 – Invoicing and Payment
4.1. The Contractor invoices the Client after formation of the Agreement.
4.2. Payment by the Client shall be made within the agreed payment period.
4.3. In the event of late payment, the Client will also be in default without any notice of default. In addition to the statutory interest, the Client will in that case also owe the extrajudicial costs without prejudice to the Contractor’s right to charge the costs actually incurred by the Contractor.
4.4. In the event of non-payment or late payment, the Contractor will be entitled to terminate the Agreement without the necessity of court proceedings and to recover any damage arising from such termination from the Client.
Article 5 – Liability and Force Majeure
5.1. The Contractor shall always exercise the utmost care in the performance of all its Services.
5.2. Despite the obligation to use best efforts as referred to in paragraph 1 of this article, the Contractor cannot guarantee the accuracy, regularity, completeness of or lack of other defects (in the broadest sense) in the Service(s) or the performance thereof. Any liability of the Contractor for any damage resulting therefrom has expressly been excluded in full.
5.3. The Client indemnifies the Contractor against all third-party claims related to the use by the Client of the Service(s). This indemnification also pertains to all damage suffered and costs incurred by the Client in connection with such claim(s).
5.4. The Contractor is not liable for damage of whatever nature, arisen because the Contractor has proceeded from incorrect and/or incomplete information provided by the Client, unless such incorrectness or incompleteness should demonstrably have been apparent to the Contractor.
5.5. The Contractor is not liable for damage arising from or related to (i) any temporary or other inaccessibility of one or more online Services because of a breakdown or deactivation of equipment, software and facilities used for the provision of such online Service(s); (ii) the use of one or more (online) Service(s).
5.6. In the event of an attributable failure on the part of the Contractor, the Contractor’s liability will be limited to the direct damage suffered by the Client and to no more than the price paid by the Client for the Service, capped at an amount of €5,000.
5.7. The Contractor is not liable for consequential damage of the Client, including but not limited to lost profit, damage to the Client’s image and claims by third parties, missed savings and damage caused by, for example, business interruption.
5.8. In the event of a failure on the part of the Contractor, the Client will not be entitled to suspend and/or set off its payment obligations.
5.9. If there is an attributable failure, the Client shall inform the Contractor about this in writing as soon as possible.
5.10. The limitation of liability of the Contractor as referred to in this article will not apply in the case of intent or willful recklessness on the part of the Contractor.
5.11. The Contractor cannot be obliged to perform any obligation under the Agreement if performance is impeded as a result of force majeure. Nor can the Contractor be held liable for any damage arising therefrom.
5.12. There is in any case force majeure in the event of power outages, breakdowns of the Internet or failures in the telecommunication infrastructure, network attacks (including (d)dos attacks), attacks by malware or other malicious software, internal disturbances, mobilization, war, terror, strikes, import and export restrictions, stagnation in supply, fire and floods.
Article 6 – Intellectual Property Rights
6.1. All intellectual property rights, including but not limited to copyrights, model rights, database rights, trademark rights, trade name rights and patent rights, and other rights to and related to the Services of the Contractor and the associated know-how, are vested in the Contractor.
6.2. Subject to these terms and conditions and subject to full and timely payment by the Client of the price, the Contractor grants the Client a non-exclusive and non-transferable right to the personal use of the Service(s) provided (online or otherwise) by the Contractor and the associated know-how, all in the broadest sense.
6.3. Without prior written permission from the Contractor, the Client is not permitted, based on the Service(s) provided by the Contractor, to develop or provide, or cause to develop or provide, a similar service itself or in collaboration with third parties.
Article 7 – Complaints and Limitations Period/Lapse
7.1. Complaints about the Service(s) provided shall be reported to the Contractor in writing with a statement of reasons no later than within 14 days of delivery.
7.2. In the absence of any complaint within the period referred to in paragraph 1 of this article, the Client will be deemed to agree to the Service(s) provided and to have waived all rights and powers available under the law and/or the Agreement.
7.3. Without prejudice to the foregoing, any right of claim of the Client will lapse on expiry of a period of three months after the day on which the Client became aware or could reasonably have become aware of the existence of the right of claim and the Client has failed to communicate the relevant claim(s) to the Contractor in writing within that period.
Article 8 – Personal Data
8.1. Every day, the Contractor processes various forms of personal data provided by the Client. To ensure a careful handling and proper security of this data, the Contractor shall act in accordance with the requirements of the General Data Protection Regulation (GDPR).
8.2. The file compiled during the performance of the Agreement will be retained by the Contractor for the periods established by law, after which it will be destroyed.
8.3. By providing the assignment, the Client agrees to the abovementioned (manner of) personal data processing.
Article 9 – Applicable Law and Disputes
9.1. Dutch law exclusively applies to all offers made and quotations provided by the Contractor, assignments provided by the Client, and all legal relationships and agreements, by whatever name, between the Contractor and the Client.
9.2. Any and all disputes between the Contractor and the Client related to an Agreement concluded by them and/or a delivery made by the Contractor will be resolved by the Dutch court with competent jurisdiction.