Terms and conditions
Article 1. Application.
1. These general terms and conditions shall apply to all offers, agreements and order confirmations of Habilis Eindhoven, whether or not in writing, with respect to its services.
2. Unless otherwise agreed in writing between Habilis Eindhoven and principals, the provisions of these general terms and conditions shall also apply in full to any offer, agreement and/or order confirmation, which builds on or results from a previously concluded agreement.
3. Any general terms and conditions of the principal shall not apply unless expressly accepted by Habilis Eindhoven in writing.
Article 2. Definitions.
1. Habilis Eindhoven: the private company Habilis mens en organisatie Eindhoven B.V. having its registered office in Eindhoven.
2. Principal: the natural or legal person with whom the services are offered.
3. Assignment: the agreement between Habilis Eindhoven and client pursuant to which the service package is performed at client's premises.
Article 3. Conclusion of agreements.
1. All offers made by Habilis Eindhoven are without obligation, unless in writing - stating a period for acceptance - the opposite has been agreed.
2. For each assignment, Habilis Eindhoven will draw up an agreement or an assignment confirmation or similar document in duplicate and send it to the principal. Habilis Eindhoven and the principal are bound to the contents of an agreement only after the agreement has been signed for approval by the principal and received back by Habilis Eindhoven.
Article 4. Changes and additions.
Changes or additions to the contents of an assignment shall only be effective if agreed in writing, between Habilis Eindhoven and the principal.
Article 5. Content of the agreement/assignment confirmation.
In the agreement or assignment confirmation as referred to in Article 3.2,
at least the following items shall be recorded:
- name of the client/company
- address and place of the client/company
- hourly/daily rates
- other costs.
Article 6. Invoices and rates.
1. Without prejudice to the other provisions of this article, Habilis Eindhoven's invoices are calculated on the basis of the agreed numbers of hours/consultant days and rates. Habilis Eindhoven invoices the client on a monthly basis.
2. If at any time the rate increases as a result of generally applicable government measures and/or changes in social security contributions, the increased rate will be charged to the client on the effective date.
Article 7. Payment.
1. The client is obliged to pay any invoice submitted by Habilis Eindhoven within 30 days of the date of the invoice, unless the client and Habilis Eindhoven have agreed otherwise in writing.
2. Only payments made to Habilis Eindhoven or to a legal person authorised by Habilis Eindhoven to collect invoice amounts on its behalf, have a liberating effect.
3. If the invoice from Habilis Eindhoven is not paid within the period referred to in paragraph 1 of this article, the client shall owe interest on the outstanding amount of 1% per calendar month or, if higher, the statutory interest, after expiry of that period, without any notice of default or summons being required. In this connection, part of a calendar month shall count as a whole calendar month.
4. The copy of the invoice sent by Habilis Eindhoven shall serve as full evidence of the indebtedness of the interest and the day on which the interest calculation commences.
5. Objections concerning (the amount of) the invoice must be made known to Habilis Eindhoven in writing within 8 days after the date of the invoice. After expiry of this period, the principal has processed his rights (if any) in this respect.
6. All costs of collection (including the full costs of legal assistance, both in and out of court, granted by whomever) shall be entirely for the account of the principal. The compensation for extrajudicial costs amounts to: 20% of the principal sum due if it is less than or equal to € 1,500, 15% of the principal sum due if it is greater than € 1,500 and less than or equal to € 3,500, and 10% of the principal sum due if it is greater than € 3,500. As soon as legal assistance has been called in by H a b i s Eindhoven or the claim has been handed over for collection, these costs will be charged and payable by the client without further proof. The above is without prejudice to Habilis Eindhoven's right to charge higher costs if what has been calculated on the basis of the aforementioned percentages does not cover costs.
Article 8 Confidentiality.
Habilis Eindhoven undertakes to do all that is reasonably possible and necessary to ensure confidentiality in respect of all data and knowledge concerning business matters of the client of which Habilis Eindhoven and its advisors become aware in the execution of these general terms and conditions and the assignments based thereon.
Article 9. General provisions.
1. Habilis Eindhoven shall be entitled vis-à-vis the principal to do or refrain from doing all that Habilis Eindhoven is obliged to do by or in connection with any regulation of the government or similar organisation, even if this applies only to Habilis Eindhoven, and shall not be liable to the principal in this respect.
2. If in the future a difference of opinion arises between the client and Habilis Eindhoven concerning (the interpretation of) the provisions in this agreement and/or if situations arise that are not (exhaustively) regulated in this agreement, then the client and Habilis Eindhoven will try to resolve the situation in consultation.
3. Failure by either party to enforce any provisions of these general conditions at any time shall in no way affect the rights of the party concerned to still demand full compliance by the other party. Resignation by either party to a breach by the other party of any of its obligations shall not constitute a waiver by the first party of its rights under the obligation.
All activities to be performed by the advisers of Habilis Eindhoven arising from the
from the agreement/order confirmation, are to be regarded as effort commitments, i.e. the advisers shall endeavour to serve the client to the best of their ability.
January 2015