In these general terms and conditions, the following terms are used with the following meaning;
1; Client; the party that purchases the (security) services from Dutch Crowd Security
2; Agreement; the commitment between the Client and Dutch Crowd Security.
3; services; The work to be performed by Dutch Crowd Security on behalf of the Client - as stated.
1: These terms and conditions apply to every offer or agreement between Dutch Crowd Security and the Client. Conditions or deviations and/or adjustments of the Client (in addition) to the quotation and/or agreement or general terms and conditions made by Dutch Crowd Security
conditions do not apply, unless indicated and confirmed in writing by Dutch Crowd Security.
2: These terms and conditions also apply to all agreements for the implementation of which third parties must be involved.
3: If one or more of the provisions in these general terms and conditions are null and void or should be nullified, the other provisions of these general terms and conditions will remain fully applicable. Dutch Crowd Security and the Client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, and to rewrite them with the aim of observing the original provisions.
1: All quotations/offers are without obligation, provided that there is a term of acceptance and/or in the event that actual work has been carried out by (personnel of) Dutch Crowd Security. If the Client chooses to have work performed by (personnel of) Dutch Crowd Security before signing the contract, the Client agrees to the conditions as stated in Article 4.1 with regard to the duration of the contract, as well as the general terms and conditions in their entirety.
2: If no term of acceptance is mentioned in the quotes/offers, it will expire within 14 days.
3: The rates stated in the quotes/offers are exclusive of VAT.
4: Quotations/offers do not automatically apply to future assignments.
5: If the agreement has been entered into by the Client and it decides to cancel before the start of the work, it is obliged to pay cancellation costs to Dutch Crowd Security amounting to 50% of the total quotation. This to be increased by VAT, without prejudice to it
right to (full) compensation.
1: Agreements or assignments are entered into for an indefinite period, unless otherwise agreed in writing. Accepted (and executed) assignments can be dissolved separately, with due observance
of a notice period of 6 months.
2: Agreements for a definite period are tacitly renewed after the agreed period for the same period under the same conditions (plus inflation), unless one of the parties terminates this agreement no later than 6 months before the date of expiry of the (extended) contract term per
registered letter.
3: Dutch Crowd Security can terminate the agreement (definitely or indefinitely) with immediate effect if the client fails to meet its payment obligations, applies for suspension of payments or is declared bankrupt.
1: The client must pay Dutch Crowd Security on time and within the term specified - as stated in the quote / offer.
2: The rates stated in the quotes/offers are exclusive of VAT.
3: The Client cannot offset any debt and/or discount on the invoice amount.
4: Dutch Crowd Security may increase the rate and/or fee if it appears that the work is so much more difficult than estimated. Naturally, the Client will be informed of this and the (renewed) work and (increased) costs of this will be discussed in more detail.
5: If the Client does not agree with (part of) the invoice, this does not deprive the right to payment.
6: If invoices are not or not fully paid by the Client, Dutch Crowd Security has the right to suspend the work until these have been paid.
7: In the event of repeated late payment of invoices by the Client, Dutch Crowd Security has the right to invoice an advance amounting to the 3 last invoices.
8: If the Client fails to pay the payment (after sending a first reminder) within the set term, the Client will be in default by operation of law. Dutch Crowd Security then reserves the right to charge 30% negligence costs separately from the (other) costs incurred. Dutch Crowd Security also reserves the right (in the absence of payment) to immediately terminate or dissolve the agreement without judicial intervention. In that case, the Client is liable for the damage suffered by Dutch Crowd Security, including, but not limited to, loss of turnover, staff and personnel costs, etc.
9: During the term of this agreement and within 18 months after its expiry, the Client will not employ any Dutch Crowd Security personnel and/or have Dutch Crowd Security personnel perform services for it or for third parties in any capacity whatsoever. If this does happen, the Client will owe Dutch Crowd Security an immediately due and payable fine of EUR 20.000, increased by the amount of EUR 2000 for each violation that continues, without prejudice to the right to full compensation.
1: The commitment concerns a best efforts obligation. Dutch Crowd Security will comply with the regulations and requirements set by the government - with regard to safety - that apply to the work to be performed by it.
2: Dutch Crowd Security is the party that decides which employee fits which assignment. If necessary, Dutch Crowd Security has the right to engage third parties to perform the services. This can be done at any time, without notification to the Client, but with the obligation to do so
the quality of the services remains or is guaranteed.
3: The client undertakes to guarantee that -deployed personnel of- Dutch Crowd Security can perform the work properly and/or in safety. The Client undertakes to provide all the necessary information to Dutch Crowd Security, as well as to provide a
safe workplace that meets the legal requirements. If the Client does not provide for the above points, Dutch Crowd Security is authorized to suspend the work until this has been provided/complied with.
4: The Client is responsible for the necessary materials and equipment required for the performance of the work.
5: Dutch Crowd Security can under no circumstances be held liable if the Client has provided Dutch Crowd Security with incorrect and/or incomplete information in order to be able to carry out the work properly. Dutch Crowd Security also accepts no liability whatsoever if the Client decides to carry out (certain) work against the advice of Dutch Crowd Security.
6: Dutch Crowd Security can under no circumstances be held liable for damage incurred, which has arisen from the correct performance of (necessary and/or unavoidable) work.
7: If Dutch Crowd Security is liable, this is limited to the amount paid out by the insurer of Dutch Crowd Security.
1: In the event of force majeure, Dutch Crowd Security cannot be held liable for the inability to (fully) deliver or comply with the agreed agreements and services. Dutch Crowd Security understands force majeure as any factor or factors that cannot be attributed to Dutch Crowd Security. Think of terrorism, flooding, extreme weather conditions and all kinds of things that have come about outside the will and actions of Dutch Crowd Security.
1: Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.
1: Dutch law applies to these general terms and conditions. Disputes arising on the basis of these general terms and conditions or arising from the agreement can and will - in the event that the parties fail to reach mutual agreement - only be settled by the subdistrict court in Amsterdam.
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