Terms and Conditions iPeople
Article 1 Scope
1.1 These general terms and conditions apply to assignments to and to all offers and agreements to which iPeople or persons acting for it or on its behalf is a party, hereinafter referred to as the contractor, unless expressly agreed otherwise in writing.
1.2 The activities of the contractor, which can lead to an agreement with it, consist of all work performed by or on behalf of the contractor, hereinafter referred to as guidance and/or training. These cover (not exhaustively listed):
* Guiding, coaching and advising on (change) projects and processes
* Giving training and education
1.3 All offers are without obligation. Any purchase or other conditions of the counterparty, hereinafter referred to as the client, do not apply, unless they have been expressly accepted in writing by the contractor.
Article 2 Entering into an agreement
2.1 These general terms and conditions apply to all work performed by the contractor. If a client agrees to guidance and/or training, the contractor assumes agreement with the general terms and conditions, unless explicitly stated otherwise by the client.
2.2 These terms and conditions are not deviated from, unless expressly and with the agreement of the client and the contractor deviated from in writing.
2.3 The obligations of the contractor never go further than set out in these terms and conditions, or have been confirmed by it in writing.
Article 3 Quotation and conclusion of the agreement
3.1 All offers from the contractor are without obligation and valid for 14 days after the offer, unless expressly indicated otherwise in writing. If the client has not accepted the offer within the aforementioned period, the offer will lapse. After expiry of the offer, the contractor is entitled to change the offer.
3.2 At the start of the supervision and/or training, the client must provide all relevant information to the contractor on request. By agreeing to guidance and/or training, the client declares to have understood this and to guarantee that this has happened.
Article 4 Cooperation by the client
4.1 The client will always provide the contractor in a timely manner with all data or information that is useful and necessary for the proper execution of the agreement.
4.2 The Client guarantees the correctness, completeness and reliability of the information provided to the Contractor, even if it originates from third parties.
Article 5 Execution
5.1 The Contractor undertakes a best-efforts obligation in the execution of the agreement and will execute this agreement to the best of its knowledge and ability in accordance with the requirements of good workmanship.
5.2 The contractor will take into account the reasonable wishes of the client as much as possible when executing the agreement, provided that in the opinion of the contractor this is beneficial for a proper execution of the agreement.
5.3 If and insofar as required for the proper execution of the agreement, the contractor has the right to have certain activities performed by third parties, or to be otherwise supported or replaced by third parties, and these general terms and conditions also apply to and for the activities of these third parties. applicable.
Article 6 Fee
6.1 Rates for supervision and training are made known to the client prior to the agreement. The Contractor uses a fixed fee for the work to be performed.
6.2 Rate for supervision and/or training includes all costs, such as travel and accommodation costs, but excluding VAT.
Article 7 Price and payment
7.1 For training courses, the invoice must be paid prior to the start of the training, whether or not via payment via the internet. In the case of supervision, the invoice will be sent after the supervision and must be paid within 14 days of the invoice date.
7.2 Invoices can be made in installments in consultation with the client for orders above € 20,000.
7.3 In the event of cancellation, termination or adjustment of the assignment by the client, after confirmation of the assignment by the contractor or after the supervision and/or training has started, no refund will be made.
7.4 If the client does not pay the amounts owed within the agreed term, he is in default without notice of default. After a reminder and again failure to pay within fourteen days, the contractor may take a collection measure. The contractor is then authorized to hand over the claim, in which case the client will also be obliged to pay extrajudicial collection costs in addition to the total amount owed, the amount of which is determined at 15% of the total amount owed, plus the statutory interest. about the amount owed, and of any legal costs
7.5 If the client objects to an invoice from the contractor, the client will notify this within 14 days of the date of the invoice. The client has up to 14 days after the date of the invoice to motivate this objection in writing to the contractor. If the client has not complied with the above, the client is deemed to have accepted the invoice.
Article 8 Force majeure
In the event of force majeure, the delivery and other obligations of the contractor will be suspended. In that case, the contractor is obliged to deliver as soon as this is reasonably possible. Force majeure is equated with unforeseen circumstances with regard to persons and/or material, including the spaces that the contractor uses or is customary to use in the execution of the agreement, which are of such a nature that the execution of the agreement is therefore impossible, or becomes so objectionable and/or disproportionately expensive that prompt compliance with the agreement cannot reasonably be required of the contractor. If the contractor has already partially fulfilled its obligations when the force majeure occurs, the contractor is entitled to invoice the delivered goods separately and the client is obliged to pay this invoice as if it concerned a separate transaction.
Article 9 Confidentiality
9.1 Content information from the guidance or training will only be made public and shared with others if the client has given explicit permission for this.
9.2 It is not permitted to make (sound or image) recordings, other than after prior coordination and agreement between the contractor and the client and with the permission of those who are present during supervision or training.
Article 10 Liability
10.1 The total liability of the contractor due to attributable failure to comply with the agreement is limited to compensation for direct damage up to a maximum of the amount of the order sum declared up to the time of the error.
10.2 The liability of the contractor due to an attributable shortcoming in the performance of the 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 also attributable to the fulfillment of the obligations after that term. continues to fall short.
10.3 The Contractor is not liable for damage caused by the Client’s failure to provide correct information in a timely manner, which the Contractor, in its opinion, needs for the correct execution of the agreement.
10.4 The Contractor is not liable for loss, theft or damage to personal property and/or injury incurred during supervision and/or training or as a suspected consequence thereof.
10.5 Apart from the liability referred to in Article 10.1, the contractor has no liability whatsoever for compensation to the client and/or third parties, regardless of the ground on which an action would be based.
Article 11 Cancellation
11.1 The Contractor reserves the right to cancel agreements in whole or in part if compliance can no longer reasonably be expected from the Contractor. In such cases, the contractor must notify the client of the cancellation in writing. In such cases, the latter is not entitled to claim compensation. Payments will then be refunded to the client if applicable, unless the client can be blamed for the cancellation.
11.2 The Client is authorized to cancel training courses up to 4 weeks before the start of the training, without costs. Cancellation must be made in writing. In case of cancellation within 4 weeks before the start of the training, the following costs will be charged: • 28 to 15 days before the training: 50% of the invoice amount • less than 14 days prior to the training: 100% of the invoice amount.
Article 12 Termination by the client
12.1 Premature termination of an agreement by the client, for example a series of supervision or training, will only take place after consultation and agreement between the contractor and the client.
12.2 If the above mentioned under 1 is applicable, the compensation for the supervision or training is nevertheless owed to the contractor. The Contractor will only consider repayment of the part of the fee for services not yet performed or delivered, if there are serious reasons for the Client that do not make it possible for the Client to continue the supervision or training, this at the discretion of the Contractor.
Article 13 Applicable law
All agreements with the contractor are subject to Dutch law.
Article 14 Disputes
14.1 All disputes that may arise between the contractor and the client as a result of an agreement or as a result of agreements that may result therefrom, will be adjudicated by the competent court in Amsterdam, unless the contractor chooses to submit the dispute to another court .
14.2 All judicial and extrajudicial costs reasonably incurred, which are the result of non-compliance by the client with obligations arising from the agreement, are for the account of the client.
Article 15 Final provision
15.1 The Contractor is authorized to change these general terms and conditions. The conditions apply at the time of entering into the agreement, as they are also published on the website(s) of the contractor and published on and can be requested via www.voorwaarden.net.
15.2 In the event that one or more provisions of these general terms and conditions prove to be invalid or destroyed, or lapse after consultation between the client and the contractor, these general terms and conditions will remain in force for the rest. The expired, void or voided provision(s) will then be replaced by a legally valid provision that approximates the then voided, void or voided provision(s) as closely as possible in terms of content, purport and effect. In that case, the parties will consult to agree on replacement provisions, based on the purpose and intent of the original provision as far as possible.
15.3 The Client is not entitled to transfer its rights and obligations under the Agreement without the Contractor’s prior written consent.
General terms and conditions iPeople dated 01-06-2016