Terms & conditions
Article 1 Definitions
In these Terms and Conditions, the following definitions are used, both in singular and in plural.
1.1 Terms and Conditions: The present terms and conditions, regardless of the form in which they are disclosed (on paper or electronically, for example, attached to an email message from Cas fixes your Biz
1.2 Cas fixes your Biz: Trade name of the company registered as such in the Trade Register under number 94858136 (K.v.K. Amsterdam)
1.3 Client: The party or its successors to whom Cas fixes your Biz offer is addressed, with which Cas fixes your Biz has concluded the agreement or for whom the legal act is / is being performed, providing services to this party.
1.4 Services: All activities and other activities that are the subject of any offer, quotation, agreement or other legal act in the relationship between Cas fixes your Biz and Client.
Article 2 Applicability General Terms
2.1 The terms and conditions apply to and form part of all offers, offers, contracts, agreements and other legal acts, whether or not written or written, electronic or in any other form, regarding Cas fixes your Biz’s delivery of services to or from Client's benefit.
2.2 The General Terms and Conditions also apply to services that Cas fixes your Biz has wholly or partially engaged in, and whether or not processed, to the Client, as well as services that are for the purpose of offering the offer, tender, agreement or other legal act commissioned by Cas fixes your Biz by a third to the Client.
2.3 These terms are deemed to be included for the benefit of the directors and staff of Cas fixes your Biz. The directors and staff of Cas fixes your Biz have the right to invoke the provisions contained in these Terms and Conditions for Cas fixes your Biz, including those relating to limitation of liability. The clause contained in the preceding sentence qualifies as an irrevocable third party clause that may be accepted by them.
2.4 All assignments are deemed to be solely assigned to and accepted by Cas fixes your Biz. Applicability of Articles 7: 404 and 7: 407 paragraph 2 of the Civil Code is expressly excluded.
2.5 Deviations from the terms and conditions are valid only if they have been explicitly agreed by Cas fixes your Biz and Client in writing.
2.6 Cas fixes your Biz explicitly rejects the applicability of any general (purchasing) terms of the Client.
2.7 These Terms and Conditions apply to any additional and subsequent orders of the Client
2.8 If and in so far as any provision of the Terms and Conditions is annulled or destroyed, the remaining provisions of the Terms and Conditions will remain in force. Cas fixes your Biz and Client will consult with each other about a new provision to replace the null and void provision, with as much as possible respecting the scope of the null and void provision.
Article 3 Offer, tender and agreement
3.1 Cas fixes your Biz offers are based on information provided by the Client. The Client ensures that, to the best of his knowledge, he has provided all the essential information for the design and execution of the investigation. Cas fixes your Biz will perform the services provided by it to the best of its ability and ability. This obligation is the nature of a "commitment obligation" because the achievement of the intended result can not be guaranteed.
3.2 All Cas fixes your Biz offers are free of charge, unless expressly stated otherwise.
3.3 Quotations (also called proposals) from Cas fixes your Biz are valid for the deadline stated in the quote. If no time limit is specified, the offer will be valid until 4 (four) weeks after the date of submission of the quotation.
3.4 Agreements are created by Cas fixes your Biz accepting the assignment provided by the Client, or at the time Cas fixes your Biz completes the execution of an assignment.
Article 4 Prices and rates, additional work
4.1 All prices and rates quoted by Cas fixes your Biz in euros are exclusive of sales tax (VAT) and any other charges imposed by government, unless expressly stated otherwise in writing. In the offer / the proposal is stated, including travel hours, travel and subsistence expenses and other contractual costs. Insofar as these costs are not included, they can be calculated separately.
4.2 In the case of (success fee) payments by the Client to Cas fixes your Biz, the Client will at the first request of Cas fixes your Biz and without any compensation thereon, provide all the information and documentation necessary or useful for determining the height of the payment due to the Client to Cas fixes your Biz. Client will grant Cas fixes your Biz and its advisors access to her (or her company of companies) and allow them to make copies as necessary or conducive to the determination of the level of the Client to Cas fixes your Biz to make payments.
4.3 Cas fixes your Biz is entitled at any time to adjust its prices and rates. Unless expressly agreed in writing that prices and tariffs are valid for a given period, the announced price changes regarding delivery of services will be 1 (one) month after the announcement thereof. In case of an increase, the Client has the right to terminate the relationship as from the moment when the increase becomes effective. This right expires within 14 days of receipt of Cas fixes your Biz's announcement and will not be effective if Cas fixes your Biz confirms to the Client within 7 days after receipt of the termination, that it will continue to handle the old rate.
4.4 If, in agreement with the Client, the original agreement between Cas fixes your Biz and Client is waived, the resulting costs for additional work at the prices and / or rates applicable at the time of execution will be charged to the Client. The Client accepts that the timing of the assignment may be affected if the parties agree in time to expand or modify the approach, method or scope of the assignment and / or the resulting work.
Article 5 Payment
5.1 Client must pay Cas fixes your Biz's invoices within the payment period specified on the relevant invoice. If the invoice does not indicate a payment period, a payment period of 14 (fourteen) days applies.
5.2 All Cas fixes your Biz's Client Payments will be deducted from the Client's oldest remaining outstanding invoices, irrespective of any other indication by the Client.
5.3 Allocation by the Client on suspension, settlement or deduction is not allowed.
5.4 Cas fixes your Biz is entitled at any time to request (partial) advance payment. In addition, Cas fixes your Biz is entitled to receive security for payment in a form of choice of Cas fixes your Biz, such as a bank guarantee.
5.5 If the Client does not meet any Cas fixes your Biz invoice within the payment period, the Client is automatically in default without any notice or summation being required. Cas fixes your Biz has the right to charge the legal interest on the outstanding amount in such a case without further notice.
5.6 In case of late payment, Cas fixes your Biz has the right to suspend execution of the assignment, without prejudice to the rights in its entirety.
5.7 If, after notice of default, the Client continues to neglect to pay the amount due, plus the legal interest, Cas fixes your Biz can hand over the debt collection request. In that case, the Client shall be held in addition to the payment of the principal and any legal interest due thereon to the compensation of all extrajudicial and possibly judicial costs, explicitly in addition to any costs incurred in court. The amount of these costs is at least 15% of the principal, at least the maximum legally permissible if it should be lower.
5.8 If the contract is provided by more than one Client, all Clients are jointly and severally liable for the fulfilment of the obligations stated in this article (regardless of the statement of the declaration).
Article 6 Delivery, risk and retention of title
6.1 Specified terms for the delivery by Cas fixes your Biz of services serve as guidelines only and are therefore never fatal unless explicitly agreed otherwise.
6.2 All services provided to Client remain owned by Cas fixes your Biz until the Client has owed all amounts owed to Cas fixes your Biz due to Cas fixes your Biz's services, as well as the interest and costs payable thereon. In so far as it has been expressly agreed in writing that certain rights will be granted or transferred, they are always granted or transferred under the suspensive condition that the related fees are always fully and in full time.
Article 7 Advertising
7.1 All Client's objections against Cas fixes your Biz's invoice must be reported to Cas fixes your Biz in writing within 14 (fourteen) days after the invoice date, after which the invoiced or accrued amount as agreed by the Client recognized applies.
7.2 If the Client considers that a service delivered by Cas fixes your Biz does not comply with what has been agreed upon by the parties, Client Cas fixes your Biz should notify it in writing within 14 (fourteen) days after delivery, or 14 (fourteen) days after the date on which the client could reasonably be acquainted with the deficiency identified by him.
Article 8 Intellectual Property
8.1 All or all intellectual property rights in respect of the Services, as well as any other materials, models, techniques, instruments, including software developed and / or used in preparation of the Cas fixes your Biz and Client Agreement, or arising therefrom, shall be based solely on at Cas fixes your Biz or its suppliers. The provision of services does not extend to any transfer of intellectual property rights.
8.2 The Client obtains only a non-exclusive and non-transferable right to use the results of services for the agreed objectives. In such use, the Client will strictly adhere to the terms laid down in the Terms and Conditions or otherwise imposed on the Client.
8.3 The Client will not disclose, publish, reproduce or make available to third parties, without any prior written consent of Cas fixes your Biz, the results of services, and Cas fixes your Biz's or its suppliers' disclosures regarding copyright, trademarks, trade names or other intellectual property rights Do not delete or change.
Article 9 Provision of information by the Client
9.1 Client will Cas fixes your Biz always provide timely and complete information requested by Cas fixes your Biz and any other information required for the delivery of the services.
9.2 The Client ensures that the information referred to in Article 9.1 is accurate and complete and that it is entitled to provide Cas fixes your Biz with information for the provision of the services. Client indemnifies Cas fixes your Biz against any third party claims in this regard.
Article 10 Confidentiality
10.1 The parties undertake to confidentiality about any confidential information that they receive from the enterprise of the other party or otherwise reasonably qualify as being confidential in nature. The parties also impose this obligation on their employees and on third parties engaged by them to implement the agreement between the parties.
10.2 Information is in any case confidential if it is designated by one of the parties as such.
Article 11 Liability Cas fixes your Biz
11.1 Upon written request and against conditions to be met by the Client, Cas fixes your Biz will conclude a specific occupational liability insurance applicable to the project.
11.2 Any liability of Cas fixes your Biz shall be limited to an amount of € 5,000, or, if applicable, to the amount covered for the project in question under the professional liability insurance concluded by the Client, and is actually paid out. Cas fixes your Biz is never liable for indirect damage, including but not limited to consequential loss, loss of profit and loss of revenue.
11.3 Cas fixes your Biz offers only organisational advice and the services do not include, and can not be interpreted or trusted as legal, fiscal, commercial, accounting, technical, regulatory, or other advice.
11.4 When third parties are engaged, such as lawyers, taxpayers, notaries, Cas fixes your Biz will take the necessary care and, if desired, in the selection of these third parties, in consultation with the Client. Any liability for errors or shortcomings of these third parties is excluded. If third parties are engaged, Cas fixes your Biz may accept these terms on behalf of the Client and object to the Client.
11.5 Directors and staff of the Cas fixes your Biz are not personally bound or liable for any assignment, regardless of whether the assignment is given for the purpose of execution by a particular person. Any liability of directors, and / or employees of Cas fixes your Biz is expressly excluded.
11.6 Client shall indemnify Cas fixes your Biz, and its directors and staff and indemnify any claims of third parties relating to the provision of the products or services for the Client, provided that the relevant conduct has taken place in the framework of execution of the agreed delivery of products or services agreed with the Client.
11.7 Contracts are performed solely for the Client and not for the benefit of third parties. Third parties can not derive rights from the (results of the) work.
11.8 Any liability of Cas fixes your Biz shall expire upon the expiry of a period of one year after the Client has become aware of the damage and liability of Cas fixes your Biz.
Article 12 Force majeure
12.1 There is no alleged lack of Cas fixes your Biz in case of force majeure.
12.2 If the period of force majeure has lasted more than 45 (forty five) consecutive days, the Client has the right to terminate the agreement out of court without Cas fixes your Biz being liable for any compensation for the loss suffered by the Client as a consequence of the dissolution. Cas fixes your Biz is entitled to payment by the Client of all products and / or services delivered to the Client until the time of dissolution.
Article 13 Termination
13.1 Each party is entitled to dissolve the agreement outright if the other party is failing to comply with essential obligations under the agreement and, filing that in writing, has failed to fulfil its obligations within a reasonable period of time. Dissolution does not release the Client from any payment obligation in respect of services already provided by Cas fixes your Biz, unless Cas fixes your Biz is in default for certain services. If the agreement is terminated or cancelled by the Client without Cas fixes your Biz's failure to comply with essential obligations under Cas fixes your Biz's agreement, Cas fixes your Biz is entitled to a fixed compensation. That compensation is equal to the average monthly payment amount.
13.2 Cas fixes your Biz is entitled to terminate the agreement with immediate effect without requiring any further notice of default and without Cas fixes your Biz becoming liable to the Client, if the Client is granted provisional or definitive surseance of payment, the Client's bankruptcy has been requested. is placed on (part of) the Client's goods or if the Client's undertaking is liquidated or terminated. Then Cas fixes your Biz is entitled to the fixed compensation referred to in article 13.1.
13.3 Immediately after termination of the agreement, for any reason, the Client ceases the use of available results of services and returns all copies of documentation and other materials made available to the Client under the agreement.
3.4 The duration of the assignment may be influenced by various factors, such as the quality of the information received by Cas fixes your Biz and the cooperation granted, in addition to the efforts of the advisory team. Therefore, Cas fixes your Biz can not specify in advance exactly how long the lead time for the execution of the assignment will be.
13.5 In financial terms, the assignment is closed as soon as the final settlement has been approved by the Client. Within 30 days of the date of receipt thereof, the Commissioner should report Cas fixes your Biz. If the Client does not respond within this term, the final settlement is deemed to have been approved.
Article 14 Staff
14.1 Client will provide employees and / or employees of Cas fixes your Biz third parties engaged in the provision of services at the Client's premises, providing all necessary support for the performance of their duties. For example, it provides at the Office's premises a dedicated work space with telephone connection and, if desired, a data network connection.
14.2 Cas fixes your Biz may, in consultation with the Client, change the composition of the advisory team if it considers that this is necessary for the execution of the assignment. The change may not reduce the quality of the advisory services to be performed, nor affect the continuity of the assignment. A change of advisory team may also take place at the request of the Client in consultation with Cas fixes your Biz.
14.3 The Client is not permitted to employ, as long as the relationship between Client and Cas fixes your Biz continues, as well as one year after expiration, Cas fixes your Biz employees or otherwise, directly or indirectly, to work for themselves without prior written permission Cas fixes your Biz employees Cas fixes your Biz employees are understood to be persons employed by Cas fixes your Biz or who were in service of Cas fixes your Biz no more than 6 (six) months ago.
Article 15 Disputes
15.1 The offers, offers, agreements and other legal acts regarding Cas fixes your Biz's delivery of products and / or services are governed by Dutch law.
15.2 Disputes between Cas fixes your Biz and Client arising out of or relating to offers, offers, agreements and other legal acts regarding Cas fixes your Biz's delivery of products and / or services shall be submitted exclusively to the competent court in Amsterdam.
Amsterdam, October 2024