Terms and Conditions Webresultaten.nl
- nl: Robert de Boer – Webresultaten.nl, established in Bellecombe-Tarendol under Chamber of Commerce no. 908593916.
- Customer: the person with whom Webresultaten.nl has entered into an agreement.
- Parties: Webresultaten.nl and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Webresultaten.nl.
- The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotations
- Offers and quotations from Webresultaten.nl are without obligation, unless expressly stated otherwise.
- An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
- Offers and quotations do not apply to repeat orders, unless the parties have explicitly agreed on this in writing.
- Upon acceptance of a quotation or offer without obligation, Webresultaten.nl reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
- Verbal acceptance of the customer only binds Webresultaten.nl after the customer has confirmed this in writing (or electronically).
- All prices used by Webresultaten.nl are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
- The price with regard to a service is determined by Webresultaten.nl on the basis of the hours actually spent.
- The price is calculated according to the usual hourly rates of Webresultaten.nl, valid for the period in which it performs the work, unless a different hourly rate has been agreed.
- If the parties have agreed on a total amount for a service provided by Webresultaten.nl, this is always a target price, unless the parties have explicitly agreed on a fixed price in writing, which cannot be deviated from.
- nl has the right to adjust the prices annually.
- nl will communicate price adjustments to the customer prior to their implementation.
- The customer has the right to terminate the agreement with Webresultaten.nl if he does not agree with the price increase.
Payments and payment term
- The customer must make payments afterwards within 1 month after delivery.
- Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount no later than on the last day of the payment term, he is legally in default and in default, without Webresultaten.nl having to send the customer a reminder or to declare him in default.
- nl reserves the right to make delivery dependent on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
- If the customer does not pay on time, Webresultaten.nl may suspend its obligations until the customer has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Webresultaten.nl against the customer are immediately due and payable.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Unless the customer is a consumer, the customer waives his right to set off a debt to Webresultaten.nl against a claim against Webresultaten.nl.
When the parties have entered into an agreement of a service nature, this only contains an obligation of effort for Webresultaten.nl and therefore no obligation of result.
Execution of the agreement
- nl executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- The implementation of the agreement takes place in mutual consultation and after written agreement or agreement by e-mail.
- It is the responsibility of the customer that Webresultaten.nl can start the implementation of the agreement in time.
- If the customer has not ensured that Webresultaten.nl can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Information provision by the customer
- available to Webresultaten.nl all information, data and documents relevant to the correct execution of the agreement in a timely manner and in the desired form and manner .
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
- If and insofar as the customer so requests, Webresultaten.nl will return the relevant documents.
- If the customer does not, does not timely or does not properly provide the information, data or documents reasonably required by Webresultaten.nl and the implementation of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.
Duration of the agreement regarding a service
- The agreement between Webresultaten.nl and the customer regarding a service or services is entered into for an indefinite period of time, but can be terminated immediately, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
- If an agreement has been entered into for a definite period of time, it will be tacitly converted into an agreement for an indefinite period after the expiry of the term, unless 1 of the parties terminates the agreement with due observance of a notice period of 1 month, as a result of which the agreement ends by operation of law.
- If the parties have agreed on a term for the completion of certain work within the term of the agreement , this is never a strict deadline. If this term is exceeded, the customer must give Webresultaten.nl written notice of default.
Cancel service contract for an indefinite period
- The customer can terminate an agreement for a service that has been entered into for an indefinite period at any time and with immediate effect.
- A consumer has the right to cancel an agreement for a service for an indefinite period of time with due observance of a notice period of 1 month.
- The customer keeps any information (in whatever form) that he receives from Webresultaten.nl secret.
- The same applies to all other information regarding Webresultaten.nl of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that the distribution thereof can cause damage to Webresultaten.nl.
- The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
- The confidentiality obligation described in this article does not apply to information:
- which was already public before the customer learned of this information or which subsequently became public without this being the result of a breach of the customer’s duty of confidentiality
- which is made public by the customer on the basis of a legal obligation
- The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
- If the other party violates the article of these general terms and conditions on secrecy or on intellectual property, he forfeits an immediately payable fine for each violation on behalf of the trade name.
- if the other party is a consumer, does this fine amount to ? 1,000
- if the other party is a legal entity, is this fine ? 5,000
- In addition, the other party will forfeit an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
- No prior notice of default or legal proceedings are required for the forfeiture of this fine. Also, there does not have to be any form of damage.
- The forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Webresultaten.nl, including its right to claim compensation in addition to the fine.
The customer indemnifies Webresultaten.nl against all third-party claims related to the products and/or services supplied by Webresultaten.nl.
- The customer must examine a product or service provided by Webresultaten.nl as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Webresultaten.nl of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform Webresultaten.nl within 2 months after the discovery of the shortcomings.
- The customer provides a description of the shortcoming that is as detailed as possible , so that Webresultaten.nl is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Webresultaten.nl being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify Webresultaten.nl of any notice of default in writing.
- It is the responsibility of the customer that a notice of default actually reaches Webresultaten.nl (in time).
Joint and several liability customer
If Webresultaten.nl enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe Webresultaten.nl under that agreement.
- nl is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- If Webresultaten.nl is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
- nl is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
- If Webresultaten.nl is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any commitment.
Any right of the customer to compensation from Webresultaten.nl expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement if Webresultaten.nl imputably fails to fulfill his obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by Webresultaten.nl is not permanently or temporarily impossible, dissolution can only take place after Webresultaten.nl is in default.
- nl has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Webresultaten.nl has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
- If a force majeure situation arises as a result of which Webresultaten.nl cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Webresultaten.nl can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
- nl does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Change of the agreement
- If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of general terms and conditions
- nl is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- nl will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Consequences nullity or voidability
- If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Webresultaten.nl had in mind when drawing up the terms and conditions on that point.
Applicable law and competent court
- French law applies to any agreement between the parties.
- The French court in the district where Webresultaten.nl is established / has its practice / has its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Drawn up on 01 January 2023.