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Jeroen van Lierop provides his services through the company EenEchtGesprek.

 

Chamber of Commerce: 83512179

 

Trench 2

5751 TM Deurne

 

 

GENERAL TERMS AND CONDITIONS OF A LEGAL CALL

 

1. General

 

   1. The present general terms and conditions apply to all legal relationships of ONE MONEY with its clients.

   2. If the client uses its own general terms and conditions, these will give way to the present general terms and conditions.

   3. Deviations from these general terms and conditions are only binding if and insofar as they have been confirmed in writing by A LEGAL CONVERSATION.

   4. A SINGLE CONVERSATION reserves the right to change the content of these general terms and conditions at any time. Changed general terms and conditions will not apply until after these changes have been made known to the client and the latter has not objected to them in writing within eight days, stating the reason.

 

2. Contracting parties, assignment

 

   1. The client is the person who issues the assignment and for whom the assignment is performed. In the event that the person for whom the assignment is performed is not the one who issues the assignment, the latter shall be deemed to be the client. In that case or in the event that there are two or more clients, both(s) or all(s) are jointly and severally liable for the payment of all that is due to A SINGLE CONSULTATION with regard to compensation, fee, costs, VAT, collection costs, interest and the like ( regardless of the name of the invoice). All this applies unless otherwise agreed in writing.

   2. The contractor is A SINGLE CONVERSATION. All assignments are considered to have been given exclusively to it, even if it is the express or tacit intention that an assignment will be performed by a specific natural person associated with it. The effect of art. 7:404 Dutch Civil Code, which provides a regulation for the latter case, and the operation of Article 7:407 paragraph 2 Dutch Civil Code, which establishes joint and several liability for the cases in which two or more persons associated with SINGLE CONVERSATION have been given an assignment, is excluded.

   3. A SINGLE CONVERSATION indicates, if necessary, which person(s) associated with it is/are designated to carry out the assignment. ONE-SECTION is entitled to change this, whereby the quality of the expertise provided will continue to be guaranteed, and no cost increase will occur.

   4. All offers from ONE MONEY are without obligation. The assignment is only concluded after written confirmation thereof by A REAL TALK.

   5. The assignment includes everything that has been agreed between ONE MATTER and the client, expressly or tacitly, as well as that which arises from the nature of the assignment.

   6. The assignment will be carried out (where necessary) in close consultation with the client, but otherwise from a professionally independent position.

   7. A SINGLE CONVERSATION assumes a best efforts obligation by accepting the assignment. She performs the work to the best of her ability and in accordance with the rules of conduct in the applicable Professional Code of Psychologists of the Netherlands Institute of Psychologists. We can never guarantee the achievement of a (good) result.

   8. The client must always provide all data and information that is necessary/useful for the proper execution of the assignment in a timely manner. He guarantees the correctness, completeness and reliability of the data and information provided by him to ONE SPEAK. The quotation, the cost estimates, the acceptance of the assignment, and everything that has been agreed for the execution thereof, is partly based on this.

   9. The client agrees that certain information about him can be included in a data file designed for that purpose by Eensspraak. ONE-SECTION will act in accordance with regulations that have been drawn up in accordance with the requirements of the Personal Data Protection Act.

  10. In the event of unforeseen circumstances, the parties will try to arrive at a further specification of the assignment together.

 

3. Duration, interim change and early termination of the assignment

 

   1. The assignment lasts as long as it follows from its nature. If this is not clear, the command will last until ONE CALL reports that the command has been completed. If the client does not notify otherwise in writing within fourteen days, he is deemed to agree to this.

   2. Unless expressly agreed otherwise in writing, the agreed or otherwise indicated terms are not binding. They only serve as target deadlines. The mere exceeding of this does not result in ONE-THE-CALL CONVERSATION.

   3. The client accepts that the time schedule of the assignment may be influenced if the parties agree in the interim to expand or change the approach, working method or scope of the assignment and/or the resulting activities. If the interim change affects the agreed fee or cost reimbursements, ONE MONEY will report this to the client as soon as possible. If an interim change in the order or order execution occurs due to the fault of the client, ONCE will make the necessary adjustments if the quality of the service requires this. If such an adjustment leads to additional work, this will be confirmed as an additional order from the client.

   4. The order can be terminated by ONE MONEY – without a notice period – if the order can no longer be carried out in accordance with the quotation and the order confirmation and any further order specifications agreed at a later date.

   5. The client may also terminate the assignment prematurely, but must observe a notice period of one month for assignments with a duration of two months or more, or of two weeks, with a duration of less than two months.

   6. With regard to the aforementioned notice period, the client will owe ONE MONEY the agreed fee, which is at least pro rata equal to the compensation owed to ONE PARTY over the period that the assignment lasted prior to the cancellation, regardless of whether by ONE MONEY during the notice period. less, or no work has been performed at all.

   7. A SINGLE CONSULTATION is authorized to charge in full for any work still to be performed, as well as 50% (fifty percent) of the compensation for work not performed, which is due to a normal completion of the contract, in the estimation of ONE CONSULTATION, would still have been carried out.

   8. Before proceeding with termination, the parties are obliged to consult each other and try to remove the problems or bottlenecks that would require termination.

   9. In the event of bankruptcy of one of the parties, or if the latter applies for a moratorium, the other party has the right to terminate the assignment immediately, without observing any notice period.

  10. Incidentally, each of the parties has the right to dissolve the agreement as according to the law.

 

4. Engagement of third parties on behalf of the client

 

   1. A SINGLE CONVERSATION is authorized in connection with the execution of the assignment, also on behalf and at the expense of the client (ie, also outside "subcontracting"), to obtain services from third parties. If this takes place, it will inform the client.

   2. It is possible that those third parties limit their liability. A SINGLE CONVERSATION is permitted to accept such limitation of liability on behalf of the client.

   3. A SINGLE CONVERSATION is not liable for shortcomings of these third parties or for shortcomings in information received from them.

   4. The client will not give any assignment to third parties that he wishes to involve in the execution of the assignment, other than in consultation with A REAL TALK.

 

5. Billing and Payment

 

   1. If and insofar as the amount of the compensation has not been expressly agreed, the client owes the usual compensation (for ONE SINGLE CONVERSATION).

 

   2. SINGLE CONVERSATION is entitled to invoice in two or three installments as follows, based on the estimated duration of the assignment and the amount of the compensation:

 

    1. 50% upon acceptance of the assignment, and the remainder, based on subsequent calculation, after completion or termination of the assignment;

 

    2. 33% upon acceptance of the assignment, 33% halfway through the duration of the assignment, and the remainder, based on subsequent calculation, after completion or termination of the assignment.

   3. Payment takes place without any deduction, discount or settlement by the client.

   4. Any aftercare that may be provided by Eenechtsspek after completion or termination of the assignment will, unless otherwise agreed, be charged separately, on an hourly basis.

   5. The rates and the cost estimates based thereon include the normal secretarial costs, but not the travel and subsistence costs, nor the costs associated with the use of large amounts of documents and the like.

   6. All compensations quoted or agreed are exclusive of turnover tax, regardless of whether they are tax-free or taxed. If no turnover tax is charged, but the compensation turns out to have been taxed afterwards, the client will still owe the turnover tax to be calculated on the compensation.

   7. Payment must be made within thirty days of the invoice date.

   8. Complaints about an invoice, both with regard to the amount thereof and otherwise, must be submitted in writing to ONE MONEY, under penalty of forfeiture, within fourteen days of the invoice date.

   9. In the absence of payment within the payment term, the client will be in default by operation of law with effect from the following day and will owe statutory interest on the full invoice amount. If ONE SUCH A CONFERENCE has to take collection measures to collect outstanding invoices, the client also owes the extrajudicial costs of fifteen percent of the outstanding claim(s) with a minimum of € 250.00 and to be increased by all other costs of third parties that fall on the collection. .

 

6. Cancellation

 

Cancellation of the assignment by the client is only possible in writing and in accordance with the conditions (term(s) and compensation(s)) as indicated in the offer of Eensechtssprek.

 

7. Liability

 

   1. In the event of an attributable shortcoming or wrongful act, ONE MONEY is only liable for direct damage (without prejudice to the other provisions of this article). A LEGAL CONVERSATION is never obliged to compensate indirect damage, such as consequential damage, lost profit, missed savings and/or opportunities, business stagnation and the like.

   2. In the unlikely event that an event occurs during the execution of an order that leads to the liability of ONE SUCH CONVERSATION, that liability will be limited to the amount or amounts to which the insurer under the liability insurance taken out by ONE SUCH CONVERSATION is entitled. An event as referred to in the previous sentence also includes an omission.

   3. For damage due to the fact that the client does not comply with the stipulations as referred to in Article 2 under h on time or properly. the client is liable and not A SINGLE CONVERSATION. ONE-SECTION is also not liable for damage that has arisen as a result of faulty equipment, software, data carriers, registers or other resources used by it in the execution of the assignment, without exception, nor for damage caused by the interception of audio by third parties. - and/or data transmissions by telephone, fax, or e-mail and the possible falsification thereof.

 

8. Intellectual Property Rights and Confidentiality

 

   1. All rights with regard to products/products of the mind that ONE-SECTION develops or uses in the execution of the assignment, of whatever nature, including advice, opinions, approach, working methods, software, documentation, analyses, systems, reports, designs, manuals, methods, brochures and the like, are vested in and remain exclusively with ONE MONEY and/or its licensors and never come to the client.

   2. The client will not make any other use of this than for the purpose for which it has been made available to the client. Subject to the express prior written consent of ONE SINGLE CONVERSATION, the client is in particular not permitted to reproduce, publish or publish these products/products of the mind or their recording on data carriers, whether or not together with or through the engagement of third parties. exploit. Third parties are also considered persons working within the organization of the client, for whom it is not necessary to use or inspect the relevant materials and the like.

   3. The client is not permitted to remove or change any designation regarding copyrights, brands, trade names or other rights from the material, including indications regarding the confidential nature and secrecy.

   4. In the event of a violation of the provisions of this article, the client indemnifies A SINGLE CONSULTATION for all damage suffered and to be suffered, especially in the event of claims on the part of third-party entitled parties.

   5. A SINGLE CONVERSATION is obliged to maintain confidentiality of information and data of the client, unless proper execution of the assignment entails providing relevant information to third parties.

 

9. Applicable law and choice of forum

 

Dutch law is exclusively applicable to all legal relationships between the client and ONE MONEY. The judge of the place of residence of ONE PARTY will have jurisdiction to hear disputes, unless ONE PARTNER prefers to address the client before the judge of its own place of residence.

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