GENERAL CONDITIONS ELLEN MASSARO PROFESSIONAL ORGANIZER
1. The Client, who has accepted these conditions by signing a contract with Ellen Massaro Professional Organizer, hereafter called the Contractor, is deemed to be in tacit agreement with these conditions for further contracts with the Contractor, except where a change is agreed in writing.
2.1 The Contractor is obligated to undertake the contract with due care, either herself, or by a colleague sub-contracted by her. There is an obligation of diligence on the Contractor. 2.2 The Contractor is a member of the Nederlandse Beroepsvereniging van Professional Organizers (Dutch Professional Association of Professional Organizers), and its professional code of conduct and complaints procedure are applicable to services carried out by the Contractor and her colleagues.
3. The Contractor is bound to keep confidential from third parties that are not involved in the contract information about the Client, the (execution of the) contract, and the results achieved, unless the Client absolves the Contractor from this obligation for (specific) information.
4.1 The Client is obligated to provide his/her complete cooperation for the execution of the contract, and make available to the Contractor everything that the Contractor judges to be necessary for the contract in terms of time, facilities and information. This means that requested office or research facilities are made available, with appropriate services, and that the Client in person, and/or his/her partner and/or his/her co-workers make available the agreed time for the contract.
4.2 The Contractor has the right to suspend the execution of the contract until the Client has fulfilled the obligations under this article, and any request based on these. Notice of any suspension must be given in writing.
5. The Client guarantees that working with any material provided by the Client to the Contractor will not be in conflict with any legal regulation, and will be socially responsible. The Contractor has at all times the right to refuse or terminate working with a material.
6.1 Diagrams, photos, and graphical designs, and products that are made by the Contractor, are to be considered as ‘works’ in accordance with Article 1 of the Auteurswet (Authors’ Act), and do not give the Client the right to use them without written permission of the Contractor.
6.2 Documents, photos and data carriers that are made available to the Contractor for research or sorting will be handled with the greatest possible care and attention to security.
7.1 A training session or workshop organized and managed by the Contractor can be cancelled by the Contractor in the case that insufficient persons register.
7.2 For a training session or workshop organized specifically for the Client, the Contractor will, in consultation, adapt the training material for the Client and make this available.
7.3 For a training session or workshop that is cancelled by the Client due to insufficient participants up to two weeks before the planned date, the Contractor will charge 50 % of the costs. For cancellations less than two weeks before the planned date, the full cost will be charged.
8.1 The Contractor will supply items from the web shop only with prepayment, unless an alternative arrangement is agreed. The advertised prices and discounts are not binding, and the Contractor has the right to alter prices.
8.2 The delivery times offered by the Contractor are indicative. The Contractor will try to deliver as soon as possible within reason, and where this is not possible, the Contractor will contact the Client immediately.
8.3 (Ordered) products are made and dispatched with care by the Contractor. If the product is found to be unsatisfactory, the Client has the right to return it in its original packing within seven days. The cost of returning the product rests with the Client. The purchase price will be repaid.
8.4 The Contractor is not responsible for delays or damage occurring during transit, or orders that are unclear due to malfunctioning of the internet.
9.1 The Contractor will invoice in accordance with agreed fees. The fees are exclusive of VAT unless stated otherwise. If during the execution of services the Contractor has to incur costs for and in consultation with the Client as a result of sub-contracting to third parties, disposal of material, purchase of products or similar, the Contractor will include a reasonable reimbursement in the invoice.
9.2 Any supplementary order will be based on the originally-agreed fees, unless a change is agreed in writing.
10. Payment by the Client for the services of the Contractor are to be made in a timely manner so that they are received by the Contractor within 14 days of receipt of the invoice. This deadline is obligatory, unless a written agreement explicitly states otherwise. If the Client does not fulfil his payment obligation in a timely manner, then he is in default without any further evidence being required. In that case, the Client must pay interest on the sum of the invoice for the period from the date of due payment for as long as he remains in default. The owed interest is the statutory interest rate in the Netherlands plus 3 %.
11.1 If the Contractor becomes liable with respect to the Client for whatever reason for damage suffered by the Client, the liability is limited to the sum invoiced to the Client by of the Contractor for the contract concerned.
11.2 The Contractor is neither liable to the Client nor to third parties for any choices of the Client before, during, or after the contracted activities. The Client exempts the Contractor from third party liability in this respect.
11.3 Loading and unloading, and transport of goods are at the Client’s risk and cost, unless otherwise agreed in writing.
11.4 If the Client transfers the risks associated with any service or goods by way of insurance with a third party, the Client exempts the Contractor from claims by the third party for shortcomings for which any liability vis-à-vis the Contractor expires.
12.1 In the case that one of the parties cannot fulfil his/her obligations, or reasonably can expect not to be able to fulfil them, he/she will immediately inform the other party, and confirm this in writing.
12.2 In the case that the Client cancels all (or a proportion of) the agreed tasks, or an agreement, with less than 24 hours’ notice, the Contractor has the right to invoice the Client for the costs and/or damages incurred by the Contractor by the cancellation.
12.3 The Contractor has the right to rescind an agreement with the Client totally or partially without liability for compensation if:
- The execution of the contract is dependent on contracted third parties, and these third parties are not able to fulfil their commitments so that the contract cannot be executed on time, or not without substantial extra effort and/or costs;
- The Contractor is subject to force majeure situations such as fire, mobilization and/or war (threat), contingency and/or other government measures, strikes, transport stoppage, etc.
- The Client does not fulfil his/her obligations in the contract in a timely manner;
- The Client does not provide his cooperation as described in 4.1;
- The Client applies for suspension of payment or goes bankrupt;
- The Client is a company or partnership, and this is closed or dissolved.
In the last three cases, the Client is deemed to be in default.
13. The parties declare that they will direct their efforts to the avoidance of In the case that a dispute nevertheless does arise, the parties will try to resolve it by means of amicable consultation. It is recommended to use the complaints procedure of the NBPO (www.nbpo.nl).
General Conditions EMPO/2017
Company: Ellen Massaro Professional Organizer
E-mail address: firstname.lastname@example.org
Telephone numbers: 071 8871028 en 06 27062917
Chamber of Commerce Number: 28087779