No Legal Advice Intended
The contents of this website are intended to convey general information only and not to provide legal advice or opinions. The contents of this website, and the posting and viewing of the information on this website, should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. The information presented on this website may not reflect the most current legal developments. No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues.
This website is not intended as advertising or as solicitation for legal services. Viewing of this website does not constitute the Van Holland Groups’s direction of this website into a particular state; and this website is not directed into any state where this website is not in full compliance with all laws and ethical rules.
We don’t provide legal advice, nor is this a legal document. Consult an attorney to learn about your company’s specific legal requirements or the law.
Terms & Conditions Van Holland Group BV
Please find the original Dutch version at:
Algemene Voorwaarden – Privacy Statement
These General Sales, Delivery and Payment Conditions apply to all quotations, offers, orders, web-based orders, email orders, (contractual) relationships, subscriptions, registrations, assignments, advice, correspondence and invoicing, etc. between Van Holland Group BV and other trade names and formulas on the one hand – hereinafter referred to as the contractor – and the other party, relations, customers, users, participants, etc. – hereinafter referred to as the client – on the other. All delivery conditions are confidential.
Due to the partly online nature of the (international) services, not every order requires a signature from the other party. For this purpose, for example, the IP number of the other party is used in, for example, an online order and payment, telephone order and/or a digital signature.
In these general terms and conditions, the following definitions apply:
1.1. Client: the natural or legal person who has instructed the contractor to perform work.
1.2. Contractor: Van Holland Group BV, including its employees and employees of affiliated companies.
1.3. Activities: all activities that have been commissioned or that are performed by the contractor for other reasons. By this we mean: Determining, analyzing and solving policy and organizational issues as well as change management and strategic management, management training, interim management, training and education. The foregoing applies in the broadest sense of the word and in any case includes the work as stated in the order confirmation.
1.4. Documents: all goods made available to the contractor by the client, including documents or data carriers, as well as all goods manufactured by the contractor in the context of the execution of the assignment, including documents or data carriers.
1.5. Damage: all claims, compensation and costs that are in any way related to or arising from the agreement.
1.6. Agreement: any agreement between the client and the contractor for the performance of work by the contractor for the client, in accordance with the provisions of the order confirmation.
2.1. These general terms and conditions apply to all written and oral offers, quotations, assignments, legal relationships and agreement and, by whatever name, to which the contractor undertakes to perform work for the client, as well as to all work resulting therefrom.
2.2. Deviations from these general terms and conditions, as well as additions thereto, are only valid if they have been expressly agreed in writing in, for example, a written agreement or order confirmation.
2.3. If these general terms and conditions and the order confirmation contain mutually contradictory terms and conditions, the conditions included in the order confirmation shall apply.
2.4. The applicability of any general terms and conditions of the client is expressly rejected by the contractor.
2.5. If these general terms and conditions are set aside by the client, by declaring its own general terms and conditions applicable in writing, only those clauses in said own general terms and conditions will apply that do not conflict with these general terms and conditions. In case of doubt as to whether such a conflict exists, these general terms and conditions shall prevail.
2.6. The underlying assignment/agreement, together with these general terms and conditions, accurately and completely reflect the agreements between the client and the contractor with regard to the work for which the agreement has been concluded. All previous proposals, indications, quotations or agreements made in this regard will lapse.
2.7. The engagement of third parties by the contractor does not affect the applicability of these general terms and conditions.
3 Commencement and Duration of the Agreement
3.1. Each agreement is only concluded and commences at the moment that the order confirmation signed by the client has been returned and signed by the contractor. The confirmation is based on the information provided by the client to the contractor at the time.
3.2. An agreement concluded in accordance with paragraph 1 cannot be transferred to a third party without the written consent of the contractor. The Contractor may attach conditions to this permission.
3.3. Prior to an assignment and an agreement, there is first a quotation containing, for example, a plan of approach, the elaboration or adjustment of the assignment, the planning of the implementation, the results to be achieved and the conditions under which this must take place. There is only an order after the order confirmation has been signed by both parties. Oral orders or oral additions and changes to an existing order are never accepted. A signed (additional) order will be required of every order, change or addition.
3.4. Each agreement is entered into for an indefinite period of time unless it follows from the nature, content or purport of the assignment granted that it has been entered into for a definite period of time.
3.5. Verbal promises by and agreements with subordinates of the contractor are not binding on the contractor until they have been confirmed in writing by a non-subordinate.
3.6. Client and contractor can terminate the agreement at any time with immediate effect by giving notice. If the agreement ends before the assignment has been completed, the provisions of Article 9, second paragraph, apply.
3.7. Termination must be communicated to the other party in writing.
3.8. If and insofar as the contractor terminates the agreement by giving notice, he is obliged to inform the client, motivated, of the reasons underlying the termination and to do everything that the circumstances require in the interest of the client.
3.9. Termination of an agreement does not release the client from payment of (office) rent, costs of (hired) third parties and/or fees. The (office) rent cannot be canceled during the first 12 months. Municipal and government taxes can never be canceled, but the client is not advanced either.
4 Data and Documents of the Client
4.1. The Client is obliged to make all data and documents that the Contractor, in its opinion, needs for the correct execution of the agreement, available to the Contractor in a timely manner in the desired form and in the desired (digital) manner.
4.2. The contractor has the right to suspend the execution of the agreement until the client has fulfilled the obligation referred to in the previous paragraph, without being obliged to pay any compensation to the client.
4.3. The client is obliged to immediately inform the contractor about facts and circumstances that may be important in connection with the execution of the agreement.
4.4. The Client guarantees the correctness, completeness and reliability of the data and documents made available to the Contractor by or on behalf of it, even if they originate from third parties. The client guarantees the contractor that the client is entitled to dispose of the supplies made available to the contractor and the client indemnifies the contractor against all claims in this regard.
4.5. The additional costs and additional fees arising from the delay in the execution of the agreement, caused by the failure to provide the required information, or to make it not available on time or properly, are for the account of the client.
4.6. If and insofar as the client so requests, the documents made available will be returned to it.
5 Execution of the Agreement
5.1. The Contractor determines the manner in which and by which person(s) the agreement is performed. The contractor will, if possible, take into account timely provided and justified instructions from the client regarding the execution of the agreement.
5.2. The Contractor will carry out the work to the best of its ability and as a professional who acts with due care. The Contractor only assumes best efforts obligations and does not guarantee the achievement of any intended result. Therefore, the contractor does not give any guarantees regarding the results of the assignment.
5.3. The contractor has the right to have certain activities performed by a person or third party to be designated by the contractor, without notification to and explicit permission from the client, if this is desirable in the opinion of the contractor.
5.4. Because the contractor is not affiliated with other service providers or organizations, we only serve the interests of the client. The contractor is objective, not bound by professional rules, but still with integrity and does not make fun of anyone. After all, the client hires the contractor for issues that require a critical attitude.
5.5. If during the term of the agreement work is performed for the client’s profession or business that does not fall under the work to which the agreement relates, this work will be performed on the basis of a separate agreement and will be deemed to have been performed.
5.6. Any terms stipulated in the agreement within which the work must be performed are only approximate and not strict deadlines. Exceeding such a term therefore does not constitute an attributable shortcoming on the part of the contractor and therefore no ground for dissolution of the agreement. If such a term is exceeded, the client may set a new, reasonable term within which the contractor must have performed the agreement, barring force majeure. Exceeding this new, reasonable term does constitute a ground for dissolution of the agreement by the client. However, no right to a refund.
6 Cancellation, Suspension and Dissolution
6.1. Full or partial cancellation of the agreement by a client must take place in writing (by e-mail).
6.2. The contractor is entitled to dissolve the agreement if the contractor finds that on the basis of applicable laws and regulations the execution of the agreement becomes illegal in whole or in part, or is otherwise unlawful or in conflict with the independence rules or professional rules, without be obliged to pay compensation to the client.
6.3. If the client fails to fulfill one or more of his/her obligations (including payment obligations) towards the contractor, or fails to do so on time or properly, the contractor is entitled – without prejudice to all other rights accruing to the contractor under the law, the agreement and these general terms and conditions – to to suspend fulfillment of its obligations towards the client until the client has fully complied with his/her obligations towards the contractor.
6.4. In addition to all other rights it is entitled to, the contractor has the right to terminate the agreement concluded with the client, without (further) prior notice of default or judicial intervention, by means of a written out-of-court statement, without the contractor being obliged to pay any compensation to the client. dissolve if:
- there is permanent force majeure as referred to in article 10 of these general terms and conditions;
- (provisional) suspension of payment is granted to the client, the client is filed for bankruptcy or the client files for bankruptcy itself, the client offers its creditors a (private) agreement or (for this purpose) convenes a meeting of creditors or if with regard to client application is requested or granted of the Natural Persons Debt Rescheduling Act;
- the client’s company is liquidated and/or the client’s business activities are actually discontinued or moved to a place outside the Netherlands;
- a substantial part of the client’s assets is seized;
- client transfers his business to third parties.
7 Secrecy and Exclusivity
7.1. The Contractor is obliged to observe secrecy towards third parties who are not involved in the execution of the agreement. This confidentiality concerns all information of a confidential nature made available to it by the client and the results obtained by processing it. This confidentiality does not apply insofar as legal or professional rules impose an information obligation on the contractor, including but not limited to the reporting obligation arising from the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and other or replaced national or international regulations with similar in scope. This confidentiality also does not apply insofar as the client has released the contractor from the confidentiality obligation.This provision also does not prevent confidential peer consultation within the contractor’s organization, insofar as the contractor deems this necessary for the careful execution of the agreement or for the careful fulfillment of legal or professional obligations.
7.2. The Contractor is entitled to use the numerical results obtained after processing, provided those results cannot be traced back to individual clients, for statistical, comparative and training purposes.
7.3. The contractor is not entitled to use specific information made available to him by the client for a purpose other than that for which it was obtained, with the exception of the provisions of paragraph 2, and in the event that the contractor acts for itself in disciplinary, civil or criminal proceedings, where these documents may be important.
7.4. The client is aware that anonymous examples can be used in the context of training and coaching. Anonymized practical examples, assignments and advice can therefore be reused for this purpose.
7.5. Subject to the express prior written consent of the contractor, the client is not permitted to make public or otherwise make available to third parties the content of advice, opinions or other expressions, whether written or not, of the contractor, except insofar as this results directly from the agreement. , in order to obtain an expert opinion regarding the relevant activities of the contractor, the client has a legal or professional obligation to disclose, or the client acts for itself in disciplinary, civil or criminal proceedings.
8 Intellectual Property Law
8.1. All intellectual property rights to products used by the client in the context of the execution of the agreement, including but not limited to computer programs, system designs, working methods, advice, (model) contracts and other intellectual products, all this in the broadest sense of the word. words, rest exclusively with the client or its licensors, unless expressly agreed otherwise in writing.
8.2. Except with the express written consent of the client, the contractor is expressly prohibited from providing, multiplying, making public or exploiting the products referred to in paragraph 1, with or without the involvement of third parties.
8.3. Subject to the explicit written permission of the client, the contractor is also not allowed to make (resources of) the products referred to in paragraph 1 available to third parties, other than (flex) employees, subcontractors or to obtain an expert opinion regarding the work of the client. contractor. The Client will then impose the obligations under this article on the relevant third party.
8.4. If the client infringes in any way the intellectual property rights of the contractor, the client forfeits an immediately due and payable fine of €5,000 (in words: five thousand euros) per violation in favor of the contractor, without any notice of default being required. In addition, the client forfeits in favor of the contractor an immediately due and payable fine of € 750 (in words: seven hundred and fifty euros) for each day that the infringement of the rights of the contractor continues, without prejudice to the other rights of the contractor, including the right to full compensation.
8.5. The Contractor does not agree to any provisions that may be interpreted as prohibiting or limiting its right, in its sole discretion, to provide advice or other services to natural or legal persons, to develop material for itself or others that is competitive or comparable with the products developed in connection with an assignment, regardless of the similarity with those products, without prejudice to the obligations of confidentiality under Article 7 of the general terms and conditions.
9 Force majeure
9.1. If the contractor cannot, not in a timely manner or not properly fulfill its obligations under the agreement as a result of temporary force majeure, the contractor is entitled to suspend its obligations under the agreement until the moment that the contractor is still able to carry out the work in the agreed manner. feed.
9.2. In the event that the situation as referred to in the first paragraph occurs, the Client has the right to dissolve the agreement in whole or in part and with immediate effect.
9.3. If the contractor cannot or cannot properly fulfill its obligations under the agreement as a result of permanent force majeure, the contractor and the client are entitled to dissolve the agreement in whole or in part and with immediate effect.
9.4. If upon commencement of the force majeure the contractor has already partially fulfilled its obligations or can only partially fulfill its obligations, the contractor is authorized to invoice separately for the part already performed or the part to be performed, respectively, and the client is obliged to pay this invoice. as if it were a separate contract.
9.5. The term force majeure referred to in this article is understood to mean, in addition to what is included in the law and jurisprudence, all external causes, foreseen or unforeseen, over which the contractor cannot influence and all other causes not attributable to it, including but not limited to this, illness of employees, failures in the computer network and other stagnation in the normal course of business within its company.
10.1. The Contractor is entitled to compensation as described in the order confirmation. For this, a time statement will be kept per month, which serves as a check for the calculation of the compensation for the performed assignment.
10.2. The contractor’s fee does not depend on the outcome of the work performed.
10.3. The contractor’s fee may consist of a predetermined amount per agreement and/or may be calculated on the basis of rates per unit of time worked by the contractor and is payable as the contractor performs work for the client.
10.4. If an amount has been agreed per agreement, the contractor is also entitled to charge a rate per time unit worked, if and insofar as the activities exceed the activities provided for in the agreement, which the client then also owes.
10.5. If wages and/or prices change after the agreement has been concluded, but before the assignment has been completed in full, the contractor is entitled to adjust the agreed rate accordingly, unless the client and the contractor have made other agreements about this.
10.6. All amounts stated in the order confirmation are exclusive of turnover tax (VAT) unless expressly stated otherwise.
10.7. The contractor’s fee for work performed or to be performed, plus travel, accommodation or other costs incurred in the context of the assignment as well as disbursements, if applicable, will be paid to the client, including any turnover tax due, after completion of the work. or periodically charged.
11.1. Payment of the invoice amount by the client must be made within fourteen (14) days after the invoice date or before the agreed due date by means of deposits into a bank account to be designated by the contractor and, insofar as the payment relates to work, without any right discount or debt comparison.
11.2. Any objections to invoices, specifications, descriptions and prices must be brought to the attention of the contractor in writing within 7 (in words: seven) days after the invoice or dispatch date, failing which the invoices, specifications, descriptions and prices will be given as an established fact between the contractor and the client. will be considered. Any objections made known to the contractor by the client in a timely manner do not suspend the client’s payment obligation.
11.3. The contractor has the right before the start of the work and in the interim to suspend the fulfillment of its obligations, including the performance of its work and the delivery of documents or other items to the client or third parties, until the client has reasonably determined a has paid an advance for the work to be performed, or has provided security for this.
11.4. If the client has not paid within the term referred to in paragraph 1 or within the term agreed upon in more detail, he/she is in default by operation of law and the contractor has the right, without any further summons or notice of default being required, to settle the outstanding amount. amount to charge statutory interest, calculated over the period that the client is in default until the day of payment in full, without prejudice to the other rights of the contractor.
11.5. If the client is in default with regard to the fulfillment of his/her payment obligations, then all costs associated with the collection of the amount or amounts owed – both judicial and extrajudicial – are for the account of the client, without prejudice to the other rights accruing to the contractor. . The extrajudicial costs are set at 15% of the outstanding amount(s) with a minimum of €250.
11.6. Payments made by the client always serve in the first place to settle all interest and costs owed, and in the second place for payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
11.7. If the financial position or payment behavior of the client gives rise to this in the opinion of the contractor, the contractor is entitled to require the client to provide (additional) security in a form to be determined by the contractor. If the client fails to provide the required security, the contractor is entitled, without prejudice to its other rights, to immediately suspend the further performance of the agreement and everything that the client owes the contractor for whatever reason will be immediately due and payable.
11.8. In the event of a joint assignment, clients are jointly and severally liable for payment of the invoice amount, insofar as the work has been performed for the benefit of the joint clients.
12.1. Complaints with regard to the work performed by or on behalf of the contractor for the performance of the agreement must be made known to the contractor in writing within 30 (in words: thirty) days after the date of dispatch of the documents or information to which the client’s complaint relates, or within 30 (thirty) days after the discovery of the defect, if the client demonstrates that he/she could not reasonably have discovered the defect earlier. The client states that it concerns a complaint with the subject.
12.2. The Contractor will register the complaint in a complaints register. The Contractor will deal with the complaint within eight (8) weeks of receipt of the complaint. The contractor has the right to adjourn the settlement by four (4) weeks once, provided that the contractor has informed the client in writing of the adjournment within the first-mentioned term of eight (8) weeks.
12.3. A complaint will in all cases be treated confidentially.
12.4. Complaints as referred to in the first paragraph do not suspend the payment obligation of the client, unless the contractor has indicated that he considers the complaint to be well-founded.
12.5. If the complaint is not filed in time, all rights of the client in connection with the complaint will lapse.
12.6. A complaint is only handled after the client and the contractor have both stated this in writing, or if the client does not object within 30 (in words: thirty) days after receipt of the settlement proposed by the contractor.
12.7. All reasonable judicial and extrajudicial costs arising from the agreement are for the account of the client.
13 Liability and Indemnification
13.1. The Contractor performs its work to the best of its ability and observes the due care that may be expected from a consultant. The contractor is not liable for damage caused by the contractor making mistakes on the basis of incorrect or incomplete information, consciously or unconsciously provided by the client. Damage due to negligence, invasion of privacy, infringement of rights, defamation and defamation are therefore excluded. The Contractor only accepts obligations to pay compensation insofar as this is apparent from this article.
13.2. The contractor is only liable vis-à-vis the client for damage that is the direct result of a (related series of) attributable shortcomings caused by non-execution, late or improper execution of the agreement. The Contractor is only liable up to a maximum of the amount of the fee that the Contractor has received in the context of the relevant (partial) assignment. In the case of an assignment with a lead time longer than three months, the liability referred to here is limited to a maximum of the fee that the contractor has received in the context of the relevant consultancy assignment over the last three months.Under no circumstances will the total compensation for damage under this article be more than the amount insured by the contractor under liability insurance per event, whereby a series of related events counts as one event.
13.3. The Contractor is not liable for:
- a. damage incurred by the client or third parties that is the result of the conscious or unconscious provision of incorrect or incomplete data or information by the client to the contractor, or is otherwise the result of an act or omission on the part of the client;
- b. damage incurred by the client or third parties that is the result of an act or omission of auxiliary persons engaged by the contractor (not including employees of the contractor), even if they are employed by an organization affiliated with the contractor;
- c. business, indirect or consequential loss incurred by the client or third parties, including but not limited to stagnation in the regular course of business in the client’s business.
- d. Damage, consequential damage or any indirect damage as a result of shortcomings in the internet services, including the failure or malfunctioning thereof.
13.4. The Contractor has the right at all times, if and insofar as possible, to undo or limit the damage suffered by the Client by repairing or improving the defective product and/or service.
13.5. The Contractor is not liable for damage to or destruction of documents during transport or during shipment by post, courier, digital or otherwise, regardless of whether the transport or shipment takes place by or on behalf of the client, contractor or third parties.
13.6. A claim for compensation for damage must be submitted to the contractor no later than four weeks after the client has discovered or could reasonably have discovered the damage, failing which the right to compensation lapses.
13.7. Liability of the contractor due to an attributable shortcoming in the fulfillment of an agreement only arises if the client gives the contractor immediate and proper notice of default in writing, setting a reasonable term to remedy the shortcoming, and the contractor is also attributable to the fulfillment of its obligations after that term. continues to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that the contractor is able to respond adequately.
13.8. The client indemnifies the contractor against all claims from third parties, including shareholders, directors, supervisory directors and personnel of the client, as well as affiliated legal entities and companies and others involved in the organization of the client, which are directly or indirectly related to the execution of the agreement. The client indemnifies the contractor in particular against claims from third parties due to damage caused by the client providing the contractor with incorrect or incomplete information, unless the client demonstrates that the damage is not related to culpable acts or omissions on his part, or is caused by intent or gross negligence. fault of the contractor.
13.9. The client indemnifies the contractor against all possible claims from third parties, in the event that the contractor is compelled by law and/or its professional rules to return the order and/or is forced to cooperate with government authorities, which are entitled to solicit or unsolicited requests, to receive information that the contractor has received from the client or third parties for the performance of the agreement.
13.10. The Client is obliged to have taken out professional liability insurance that at least complies with what is customary in the relevant industry.
13.11. If and insofar as the agreement entails that the person of the contractor fulfills a (statutory) management position during the assignment, the client is obliged to have taken out directors’ liability insurance that at least complies with what is customary in the relevant industry.
14 Privacy and Security
14.1. The personal data to be processed by the contractor in the performance of the Service fall under the Personal Data Protection Act (hereinafter: “Wbp”), whereby according to the terminology of that law, the client is the “responsible person” and the contractor as the “processor”.
14.2 The Contractor will ensure an appropriate security level in view of the risks associated with the processing and the nature of the personal data to be protected. This, however, only if and insofar as they are located in the systems or infrastructure of the contractor.
14.3 The Contractor guarantees that anyone who acts under the authority/on the instructions of the Contractor, insofar as he has access to personal data for which the Client is responsible, will only process these on the Client’s prior written order, subject to deviating legal obligations. The Contractor guarantees that it will only process personal data in a completely lawful manner.
14.4 If the client has to change, delete or hand over data stored in the contractor’s systems in the context of a legal obligation, for example on the basis of the Wbp, the contractor will assist in this as much as possible. The costs for the additional work can be invoiced separately.
14.5 As the responsible party within the meaning of the Wbp, the client is at all times responsible for reporting a security breach and/or data breach (which is understood to mean: a breach of the security of personal data that leads to a chance of adverse consequences, or adverse consequences has, for the protection of personal data) to the supervisory authority and/or data subjects. In order to enable the client to comply with this legal obligation, the contractor will inform the client within a reasonable period of time of a security breach and/or data breach involving the personal data of the controller.
14.6 The reporting obligation in any case includes reporting the fact that there has been a leak. In addition, the reporting obligation includes:
• What the (alleged) cause is of the leak;
• What the (as yet known and/or expected) consequence is; and
• What the (proposed) solution is.
14.7 The Client is aware of the fact that the Contractor works and carries out internationally. Regulations per country may differ. It is also known that the contractor uses online tools and systems. These include cloud accounting, online payments and cloud marketing. Any liability with regard to data management by third parties is therefore excluded.
14.8 The Contractor processes personal data within the meaning of the General Data Protection Regulation (“GDPR”) during or in connection with the performance of its Services. The Client is regarded as the controller of the processing of the Personal Data and the Contractor as the processor.
14.9 The Contractor processes Personal Data of its customers, prospects and other business contacts. The Contractor is the controller with regard to the processing of these personal data. The complete and current privacy statement of the contractor can be consulted via the Privacy Statement of these General Terms and Conditions. (https://www.vanhollandgroup.com/privacy-policy/)
14.10 There is a processing agreement between the Contractor and various cloud services. The Contractor is not responsible for the way in which the managing authorities process personal data. For this, the client must consult the privacy statement of the relevant managing authority.
15.1. The Contractor performs activities related to determining, analyzing and solving policy and organizational issues as well as international management and strategic management, management training, interim management, training and education.
15.2. Emphatically excluded:
- advice on and/or registration of patents/patents
- project management for projects with a contract/project value above €1,000,000
- project management for real estate development and management
- legal and/or tax due diligence
- tax advice and/or preparing tax returns
- advice on soil remediation/contamination/waste processing
- conducting environmental technical investigations
- activities that fall under the exclusive competence of lawyers, accountants, architects, insurance brokers, asset managers, brokers, etc., doctors or other regulated professional groups.
15.3. Any presence at (management) meetings or (work) consultations, in the broadest sense of the word, where the points of exclusion referred to in point 14, paragraph 2, are discussed, whether or not indirectly, must, in the light of these exclusions, be regarded as the presence of the contractor in the capacity of a spectator. Never as an actively involved advisor, consultant or in any other capacity. Any participation by the contractor in any conversation or communication will always be to refer the client, as far as possible, to specific competence holders in these excluded fields.
16 Final provision
16.1. If any stipulation, which is part of these general terms and conditions or of the agreement, should be null and void or be annulled, the rest of the agreement and/or these general terms and conditions will remain in force and the stipulation in question will be replaced without delay in consultation between the parties. clause that comes as close as possible to the purport of the original clause.
16.2. The contractor and the client agree that they will not use each other’s names and logos without prior written agreement, on the understanding that the contractor is allowed to use the name of the client as well as the nature of the assignment to indicate that the contractor has experience has with the type of assignment or within the industry.
16.3. Unless otherwise agreed in writing, the parties may assume that the sending of correctly addressed messages, e-mails (including e-mails sent via the internet) and voicemail messages, regardless of whether they contain confidential information or documents relating to the assignment, be accepted over and over again. The same applies to other means of communication used or accepted by the other party.
16.4. The parties are aware that the internet is by definition unsafe and that data can be damaged, that messages are not always delivered immediately or not at all and that in certain cases it may be better to use other means of communication. There is also a risk of infection with a virus in electronic communication. The parties must each protect their own systems and interests and accept, to the extent permitted by law, no responsibility whatsoever towards the other for loss, damage or omissions arising in any way from the use of the internet or from the use of the internet. use of networks, applications, electronic data or other systems of the client by the contractor.
17 Applicable Law and Choice of Forum
17.1. Dutch law applies to all agreements and between the client and the contractor to which these general terms and conditions apply.
17.2. All disputes related to the agreement and between the client and the contractor to which these general terms and conditions apply and which do not belong to the competence of the District Court sector, will be settled by the competent court in the district in which the contractor has its registered office.
17.3. Contrary to the provisions of paragraph 2, the client and the contractor may opt for a different method of dispute settlement.
17.4. The client is not permitted to initiate or have started disproportionate (written) communication, or to initiate (legal) proceedings against Van Holland Group BV regarding general advice, webinars and white papers, etc. in the broadest sense of the word. words. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
17.5. A contract, entered into both in writing and digitally, regulates the entire agreement between the contractor and the client and is a reflection of all agreements that both parties have made in writing and verbally. If one or more parts of this agreement is declared invalid by any competent authority, the remaining parts will remain in full force and effect.
18 Changes and additions
18.1. The Contractor is entitled to amend or supplement these general terms and conditions. The Contractor will inform the Client thereof in writing.
18.2. The Dutch text of the general terms and conditions is always decisive for the explanation thereof.
18.3 The following appendix is attached to these terms and conditions: Privacy Statement
Filed with the Chamber of Commerce Leeuwarden.
Van Holland Group BV – 09/04/2020