Terms and Conditions
Terms and Conditions
As of April 3, 2020
General terms and conditions for Bloeise as a contractor
The following conditions apply to the services and products provided by the Bloeise communication consultancy:
In these general terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise:
- Contractor: Communication consultancy Bloeise;
- Client: the person who has issued the order for the work. Any legal or natural person who has concluded or wishes to conclude an agreement with the Contractor and, in addition to this, his legal representative(s), authorized representative(s) and heir(s);
- Agreement: the agreement for services.
- Order: the request from the Client to the Contractor to perform work against payment.
- activities: all that which the Contractor makes, undertakes or has made and or undertake for the benefit of the Client.
1782 JB DEN HELDER
Phone number: 06-10665629 (Monday to Friday, 09.00 – 17.00)
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 52106160
VAT identification number: NL002091964B97
- The general terms and conditions apply to all offers, activities, quotations, deliveries and agreements between the Contractor and the Clients, respectively their legal successors, unless expressly deviated from in writing.
- Publication of these terms and conditions can be done, among other things, by mentioning them on letterhead, quotation, order confirmation, invoice or electronic documents (e-mail, website, PDF).
- By entering into an agreement with the Contractor, the Client waives any conditions it uses, by whatever name, so that the general conditions used by the Contractor apply to all agreements.
- The Contractor reserves the right to supplement and/or amend these General Terms and Conditions at any time. Changes will be announced to the Client. The amended Terms and Conditions will come into effect one (1) month after publication or at a later date stated in the announcement. If the Client does not agree to a fundamental change in the General Terms and Conditions, he has the right to cancel the Agreement before and against the date on which the amended General Terms and Conditions come into effect.
- If one or more of the provisions in these general terms and conditions are null and void or should be destroyed, the other provisions of these general terms and conditions remain fully applicable. The Contractor and the Client will then enter into consultation in order to agree on new provisions to replace the void or nullified provisions, whereby the purpose and intent of the original provision will be taken into account if and to the extent possible.
- The present general terms and conditions also apply to all agreements with the Contractor, in which third parties must be involved for the execution.
- All offers and/or quotations from the Contractor, whether orally, in writing, by telephone, by fax or electronically, are without obligation, unless expressly stated otherwise in a written quotation. Obvious mistakes or errors in the offer are not binding on the Contractor.
- If the acceptance (on minor points) deviates from the offer included in the offer/quotation, the Contractor is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the Contractor indicates otherwise.
- A composite quotation does not oblige the Contractor to perform part of the assignment for a corresponding part of the stated price.
- Offers or quotations do not automatically apply to future assignments.
- An agreement between the Client and the Contractor is concluded the moment the Contractor confirms an order from the Client in writing or the moment the Contractor starts executing the order.
- Any additional agreements or changes made later are only binding if the Contractor has confirmed this in writing.
- The Contractor will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- If and insofar as required for proper execution of the agreement, the Contractor has the right to have certain activities performed by third parties.
- The Contractor is not liable for damage, of whatever nature, as a result of the Contractor relying on incorrect and/or incomplete information provided by the Client, unless the Contractor should have been aware of this inaccuracy or incompleteness.
- Assignments to production companies with regard to the reproduction or publication of the text or the design are given by or on behalf of, on behalf of and at the expense and risk of the Client.
6 Workshops, courses and presentations
- Registration for the workshop, course or presentation to be provided by the Contractor can take place by the Client by submitting the completed registration form by post or fax, by telephone registration or by registration by e-mail/electronic mail.
- The Contractor always confirms a registration made in the manner stated in the previous paragraph in writing (by post, fax, e-mail or otherwise). By sending this confirmation, the agreement with regard to participation in the relevant course or workshop is established. Proof of the conclusion of the agreement can, however, also be proved by the parties by other means. The order confirmation reflects the (content of the) agreement, subject to proof to the contrary.
- With regard to an 'in company' course, the Client will request a quote from the Contractor.
- The agreement with regard to participation in an 'in company' course is concluded by full acceptance of the offer.
- The content of the offer is a representation of the agreement. A deviating acceptance of the quotation shall be regarded as a rejection of the original quotation and as an invitation to make a new quotation. The Contractor is not obliged to prepare a new quotation.
- A part of the course can be moved to another date free of charge up to four weeks before the agreed date. If you move less than four weeks – and longer than one (1) week – before the date, 50% of the course fee can be charged. In case of relocation within one (1) week before the agreed date, the full course fee is due.
- Cancellation by the Client of the agreement with regard to an open course is only possible by registered letter up to four (4) weeks before the planned first day of the course.
- In case of cancellation up to four (4) weeks before the first day of the course, € 30 (excl. VAT) will be charged. In case of cancellation from four (4) weeks to one week before the first day of the course, 50% of the due course amount will be charged as cancellation costs. In the event of cancellation within one (1) week before the first day of the course, the full course fee is due and the Client is not entitled to a refund of the amount already paid.
- Cancellation by the Client of the course agreement after the start of the course is not possible.
10. If a student is unable to participate in the course, replacement by another student is possible, provided that the replacement is registered with the Contractor no later than one (1) week before the first day of the course. The client does not owe any additional costs for this replacement.
11. A student who is unable to attend can be transferred to the same course on other dates or dates on request. When transferring, administration costs of € 19.50 excl. VAT will be charged. When transferring within a week before the first day of the course, these costs amount to 25% of the course price, with a minimum of € 19.50.
12. The Contractor reserves the right to cancel the course up to three (3) days before the first course day, if there are insufficient registrations. The Clients will be informed about this without delay. The Contractor will refund the course fee paid by the Client. If possible, the Contractor will offer the Client an alternative. If the Client makes use of this, the course fee will not be refunded.
13. The Contractor is at all times entitled to replace a teacher or trainer charged by it with the implementation of the course agreement with another teacher or trainer.
7 Assignments: deadlines and changes
- A term specified by the Contractor within which a specific assignment is to be performed – unless it is expressly stated in writing that it concerns a final term – is only indicative.
- The Contractor's obligation to an agreed deadline for the execution of the assignment will lapse if the Client fails to fulfill any obligation arising from the agreement or does not do what is reasonably necessary or desirable to enable a timely execution of the assignment.
- If the information required for the execution of the agreement has not been provided to the Contractor in time, the Contractor has the right to suspend the execution of the agreement and/or to charge the Client for the additional costs resulting from the delay in accordance with the usual rates. .
- If it has been agreed that the agreement will be executed in phases, the Contractor may suspend the execution of those parts that belong to a following phase until the Client has approved the results of the preceding phase in writing.
- If a term has been agreed within the term of the agreement for the completion of certain activities, this is never a strict deadline. If the execution term is exceeded, the Client must therefore give the Contractor written notice of default.
B Amendment of the agreement
- If during the execution of the agreement it appears that it is necessary for a proper execution to change or supplement the work to be performed, the parties will adjust the agreement accordingly in good time and in mutual consultation.
- If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The Contractor will inform the Client of this as soon as possible.
- If the amendment or addition to the agreement will have financial and/or qualitative consequences, the Contractor will inform the Client of this in advance.
- Changes to an ongoing order may result in the originally agreed term being exceeded. Changes that cause higher costs than could be counted on in the quotation will be charged extra to the Client.
- In the event of force majeure, the Contractor will immediately inform the Client. After receipt of this notification, the Client has the right to cancel an assignment in writing during two weeks, however under the obligation to purchase and reimburse the performed part of an assignment from the Contractor.
- The parties can agree on a fixed fee when the agreement is concluded.
- If no fixed fee is agreed, the fee will be determined on the basis of hours actually spent. The fee is calculated in accordance with the Contractor's usual hourly rates, applicable for the period in which the work is performed, unless a deviating hourly rate has been agreed.
- The fee is exclusive of VAT in euros. A half-day is understood to mean: four working hours including travel time.
- The Contractor is entitled to declare the costs owed on a monthly basis in the interim.
- If the Contractor agrees a fixed fee or hourly rate with the Client, the Contractor is nevertheless entitled to increase this fee or rate.
- The Contractor may increase the fee if it appears during the performance of the work that the originally agreed or expected amount of work was estimated to such an extent when the agreement was concluded, and this is not attributable to the Contractor, that the Contractor may not reasonably are expected to perform the agreed work for the originally agreed fee.
- Necessary travel costs and costs of third parties that are necessarily incurred by the Contractor in accordance with the agreement in the context of a communication project, will be charged separately in addition to the hourly rates.
- The Client will pay the costs of third parties incurred by the Contractor in the context of assignments directly to the third party concerned. If payment to third parties is made via the Contractor, the latter is entitled to demand an advance on the costs.
- Declarations of the fee and other costs owed are made monthly. In the case of assignments that are completed within a month, the invoice will follow after the work has been completed. An advance on the fee and costs can be agreed. Costs of third parties can be charged immediately upon receipt of invoices from third parties.
10. The Contractor undertakes to keep a record of hours and costs and to make it available for inspection at the request of the client. This obligation only applies if work is not done on the basis of an agreed fixed fee.
11. The quotation may contain provisional items. Exceeding is possible for provisional amounts. The exceeding can of course be justified afterwards by the Contractor.
- Assignments are usually issued by signing and returning an assignment issued by the Contractor. By issuing an order, the Client enters into a payment obligation. This also applies to assignments given in person, by telephone and by e-mail.
- Payment must be made within 28 days of the invoice date or receipt of the performance, into the bank account indicated on the invoice. Objections to the amount of the invoices do not suspend the payment obligation.
- If the Client fails to pay within the period of 28 days, the Client is legally in default. In that case, the client will owe interest at the statutory interest rate. The interest on the amount due and payable will be calculated from the moment that the Client is in default until the moment of payment of the full amount. Parts of the months are taken into account as full months for the calculation of the statutory interest.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the Client, the Contractor's claims against the Client are immediately due and payable.
- If the Client is in default or fails to fulfill one or more of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. If the Client fails to pay a sum of money on time, he forfeits an immediately due and payable fine of 15% on the amount still owed. This with a minimum of € 100.00.
10 Obligations of the Client
- The Client is obliged to provide all data and documents that the Contractor needs for the correct execution of the assignment granted in a timely manner in the desired form and in the desired manner.
- The Client guarantees the correctness, completeness and reliability of the data and documents made available to the Contractor, even if they originate from third parties, insofar as the nature of the assignment does not dictate otherwise.
- If the Contractor has made goods available to the Client during the execution of the agreement, the Client is obliged to return the delivered goods within 14 days in their original condition, free of defects and in full. If the Client fails to comply with this obligation, all costs arising from this will be for its account.
- If the Client, for whatever reason, after a reminder to that effect, still fails to fulfill the obligation referred to under 3, the Contractor has the right to recover the resulting damage and costs, including the costs of replacement, from the Client.
- If the Contractor performs work at the Client's location, the Client will provide a suitable workplace that complies with the Working Conditions Act and the policy rules included in the AI sheets of the Ministry of Social Affairs and Employment regarding Offices and Video Workplaces.
- In the event of failure to fulfill one or more of its obligations correctly or on time, the Client will be in default without prior notice of default, and without any liability on the part of the Contractor, as a result of which the Contractor's obligations to fulfill its own obligations be automatically and immediately suspended until that which is owed by the Client has been paid in full, including payment of any interest and costs (including compensation).
12 Intellectual Property
- Plans, presentations, texts, models, techniques, instruments and resources used for the execution of the assignment and included in the advice or research result are and remain the property of the Contractor. The Client is expressly prohibited from reproducing, publishing or exploiting those products of the mind of the Contractor in the broadest sense of the word, whether or not with the involvement of third parties. Disclosure can only take place after obtaining permission from the Contractor. The Client naturally has the right to reproduce documents for use in its own organization, insofar as this is appropriate within the purpose of the assignment.
- All goods delivered by the Contractor, including texts, designs, sketches, drawings, films, software, (electronic) files, etc., remain the property of the Contractor. The Client will receive from the Contractor an unlimited license in scope and duration for the use of copyright-protected works, which are made by the Contractor in the performance of the assignment for the benefit of the Client, on the understanding that the license only applies as soon as and as long as the Client complies with the financial obligations associated with the provision of the copyrighted work. The license referred to above, however, only applies to use of the relevant work by the Client itself or by persons or institutions that take over or continue the work of the Client in such a way that they can be identified with the Client in so far as they are. Use by third parties is therefore not permitted without written permission from the Contractor. Insofar as the Contractor is authorized to do so, a license is also granted under the conditions specified above with regard to works made by third parties for the Client in the context of the execution of the assignment. If nothing has been established about the destination or edition, the first use and the first edition shall be deemed to have been agreed.
- The Contractor is at all times entitled to sign the work and/or to have his name mentioned in the colophon of a publication, or on an announcement or title roll. Without prior permission, the Client is not permitted to publish or reproduce the work without mentioning the Contractor. If the Contractor deems this necessary, the Client will mark the work to be published and/or reproduced with the copyright symbol with the Contractor's name and the year of first publication.
- The Contractor states the names of its Clients on its website and shows work created on its website in brochures and on its website. If the Client has not indicated that it has objection in principle to this when placing the order, it agrees to this. The Contractor will immediately adjust texts on the website and remove any images from its website if the Client objects to a particular publication.
- The Contractor is not liable for damage suffered by the Client that arises because the Client has provided the Contractor with incorrect or incomplete documents.
- The Contractor is not liable for any consequential damage, trading loss or indirect damage that is the result of the Client's failure to perform, late or improper performance.
- Before documents are put into production, they are submitted to the Principal for approval. The Contractor will do its utmost to avoid errors. However, if it turns out to be an error in the printed or otherwise produced work that was also in the version approved by the Client, the Contractor is not liable for the damage (for example the costs of reprinting) that may result from this. to be.
- The Contractor is not liable for damage as a result of errors in printed matter or other productions that are provided by the Client itself. This also applies if the errors were in the files supplied by the Contractor. In that case, the Client is only entitled to new files. The Contractor therefore advises its Clients to have their printer make proofs of files supplied by the Contractor and to check these carefully.
- The Contractor is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
- If the Contractor has made an error in executing the placement order (wrong date, wrong edition, etc.) and the Client has been disadvantaged as a result, the Contractor is obliged to rectify the error or to compensate the damage, insofar as it can reasonably do so. expected and proportionate to the damage suffered. The maximum liability is the amount of the placement costs.
- If the error was made by the publisher, the Contractor will negotiate with the publisher about rectifying or compensating for the error. The Contractor will not charge any costs for this. The Contractor is not obliged to take legal action against the publisher and is also not liable for the damage if the error made is not rectified or if the compensation offered by the publisher is not considered reasonable by the Client.
- The Contractor is only liable towards the Client for damage that is the direct result of a (related series of) attributable shortcomings in the execution of the Assignment.
- The Contractor's liability is limited to the amount of the fee charged for the execution of the Assignment. If the Assignment concerns a continuing performance contract with a term of more than one year, the amount referred to above will be set at one time the amount of the fee charged to the Client in the twelve months prior to the occurrence of the damage. Under no circumstances will the total compensation for the damage under this paragraph amount to more than €500 per attributable shortcoming, unless the parties - in view of the scope of the Assignment or the risks associated with the Assignment - see reason to to deviate from this maximum when entering into the agreement. A related series of attributable shortcomings counts as one attributable shortcoming.
10. The limitations of liability included in this article do not apply if and insofar as there is intent or willful recklessness on the part of the Contractor or its executive management.
11. If the Client finds damage, he must first declare the Contractor in default and grant him a term to repair or limit the damage (if possible) by repairing or improving the work performed. If this fails, the liability is limited to a maximum of the fee.
12. The Client indemnifies the Contractor against claims from third parties due to damage caused by the fact that the Client has not provided the Contractor with any, incorrect or incomplete Documents.
13. The Client indemnifies the Contractor against claims from third parties (including Employees of the Contractor and third parties engaged by the Contractor) who suffer damage in connection with the execution of the Assignment which is the result of the Client's acts or omissions or of unsafe situations in its company. or organization.
15 Retention of title
- All delivered and yet to be delivered products, texts, advice, reports, proposals, and products of the mind in the broadest sense of the word, remain the exclusive property of the Contractor, until all claims that the Contractor has or will have against the Client, including in any if the claims for interest and extrajudicial and judicial costs have been paid in full.
- If the Client forms a new good from the products delivered by the Contractor, which are subject to retention of title, he/she will act on behalf of the Contractor in that formation and he/she will keep the item for the Contractor. He/she will only become the owner at the moment that the retention of title lapses because all claims of the Contractor have been paid.
- The Client is not authorized to pledge or in any other way encumber the goods subject to retention of title.
- If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the Client is obliged to inform the Contractor of this as soon as may reasonably be expected.
- The Client undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection on first request.
- In the event that the Contractor wishes to exercise its property rights referred to in this article, the Client already now gives unconditional and irrevocable permission to the Contractor or third parties to be designated by the latter to enter all those places where the Contractor's property is located and to to take back.
- Complaints about the work performed must be reported to the Contractor in writing by the Client within 8 days after discovery, but no later than 14 days after completion of the work in question. The notice of default must contain as detailed a description as possible of the shortcoming, so that the Contractor is able to respond adequately.
- If a complaint is justified, the Contractor will still perform the work as agreed, unless this has become demonstrably pointless for the Client in the meantime. The latter must be made known in writing by the Client.
- If the performance of the agreed work is no longer possible or useful, the Contractor will only be liable within the limits of Article 10 (Liability).
- Both parties may terminate the agreement in writing at any time.
- If the agreement is terminated prematurely by the Client, the Contractor is entitled to compensation for the resulting and plausible occupancy loss, unless the termination is based on facts and circumstances that can be attributed to the Contractor. Furthermore, the Client is then obliged to pay the invoices for work performed up to that point. The provisional results of the work performed up to that point will therefore be made available to the Client subject to reservation.
- If the agreement is terminated prematurely by the Contractor, the Contractor will, in consultation with the Client, arrange for the transfer of work still to be performed to third parties, unless the termination is based on facts and circumstances that are attributable to the Client.
- If the transfer of the work entails additional costs for the Contractor, these will be charged to the Client.
- The Client indemnifies the Contractor against claims from third parties with regard to intellectual property rights on materials or data provided by the Client, which are used in the execution of the agreement.
- If the Client provides the Contractor with information carriers, electronic files or software, etc., it guarantees that the information carriers, electronic files or software are free of viruses and defects.
- If the Client supplies materials and files that the Contractor uses in the performance of the assignment, the Client indemnifies the Contractor against liability in connection with copyright.
19 Risk transition
- The risk of loss or damage to the items that are the subject of the agreement transfers to the Client at the time when they are legally and/or actually delivered to the Client and thus under the control of the Client or a third party to be designated by the Client. are being brought.
20 Force majeure
- The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and is not for their account under the law, a legal act or generally accepted standards.
- Force majeure is in any case understood to mean any circumstance that the Contractor could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required by the Client, such as, for example, war or danger of war, civil war and riot, molestation, sabotage, power failure, flood, earthquake, fire, occupation, strikes, worker exclusion, changed government measures, transport difficulties, errors in software, whether this software was developed by the user or by third parties, failure or non-functioning or incomplete functioning of third party computer systems, including web servers, power, water, and other disruptions to our business. Furthermore, force majeure is understood to mean the circumstance that supply companies on which the Contractor depends for the execution of the agreement, do not fulfill the contractual obligations towards us, unless this is attributable to us.
- The Contractor also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the Contractor should have fulfilled its obligations.
- The parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
- Insofar as the Contractor has partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the occurrence of force majeure, and the part fulfilled or to be performed has independent value, the Contractor is entitled to to be declared separately. The client is obliged to pay this invoice as if it were a separate agreement.
- In the event of force majeure, the Contractor has the right to change the term of delivery and/or delivery and if delivery and/or delivery has become impossible or unreasonably onerous, to cancel the agreement with immediate effect without judicial intervention and without being obliged to pay of compensation.
- In the event that the force majeure continues for more than three months, the Client has the right to dissolve the agreement with immediate effect by means of a registered letter.
- If the delivery and/or delivery entails an increase in costs, these will be at the expense of the Client.
- After cancellation of the agreement, the Contractor is entitled to compensation for the costs incurred or work performed by us, insofar as this benefits the Client.
- 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, unless they are exempt from this by law or by the court. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information. The duty of confidentiality continues to exist after termination of the assignment.
22 Personal registration
- By entering into an agreement with the Contractor, the Contractor is given permission for automatic processing of the personal data obtained from the agreement.
- The Contractor will only use this personal data for its own activities. The Contractor will manage the personal data it has obtained in the manner prescribed by law.
23 File availability
- Contractor archives digital and other files. If files are damaged, lost or are no longer available or usable for any other reason, the Contractor is not liable for the damage that may result.
24 Applicable law
- Dutch law applies to all agreements between the Contractor and the Client.
- A dispute exists when one of the parties declares that this is the case.
- The court in the municipality where the Contractor is established has jurisdiction to hear the case in the event of a dispute.
General conditions for Bloeise as a client
The following conditions apply to the services and products that the Bloeise communication consultancy purchases from its suppliers:
- Client: Communicatieadviesbureau Bloeise, registered with the Chamber of Commerce under number 52106160.
Supplier: the natural or legal person who provides services to Bloeise and/or performs work and/or supplies goods.
- Agreement: the agreement concluded between the client and the supplier with regard to the provision of services and/or the performance of work and/or the delivery of goods.
- Client identity
1782 JB DEN HELDER
Phone number: 06-10665629 (Monday to Friday, 09.00 – 17.00)
E-mail address: email@example.com
Chamber of Commerce number: 52106160
VAT identification number: NL002091964B97
- The Agreement is formed by the present general terms and conditions together with the order confirmation by the Supplier and Bloeise.
- These general terms and conditions apply to every offer, quotation and Agreement between Bloeise and Supplier, insofar as the parties have not expressly deviated from these terms and conditions.
- The applicability of any purchase and/or other terms and conditions of the Supplier is expressly rejected.
- If at any time one or more provisions of these general terms and conditions are wholly or partially annulled or declared null and void by the court, this will not affect the effect of the other provisions.
- The Agreement is considered to be concluded from the day of signature by Bloeise, respectively, the day of dispatch of the written order confirmation by Bloeise to the Supplier.
- The Agreement is entered into for an indefinite period of time, unless it follows from the content, nature or purport of the Agreement that it has been entered into for a definite period of time.
- Bloomse is only liable for direct damage resulting from the execution of the agreement.
- Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to fulfill the defective performance of Bloeise in the agreement. insofar as these can be attributed to Bloeise and reasonable costs incurred to prevent or limit damage, insofar as the Supplier demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
- Bloomse is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
- Bloomse is not liable for damage, of whatever nature, caused by Bloeise based on incorrect and/or incomplete information provided by or on behalf of the Supplier.
- If Bloeise should be liable for any damage, then the liability of Bloeise is limited to a maximum of the invoice amount, at least to that part of the amount to which the liability relates.
- The liability of Bloeise is in any case always limited to the amount of the payment from his/her insurer, where appropriate.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Bloeise or his/her managerial subordinates.
- Unless there is intent or willful recklessness on the part of Bloeise, or of its personnel, Bloeise is not liable, and in this regard is fully and unconditionally indemnified by the Supplier for any damage caused to (goods and/or property of) the Supplier and/or to (goods and/or property of) the replacement(s) engaged by him is inflicted during and/or in the context of the performance of the work arising from the Assignment.
- The supplier indemnifies Bloeise against possible claims from third parties who suffer damage in connection with the execution of the Agreement and the cause of which is attributable to others than Bloeise.
- The supplier is obliged to assist Bloeise both in and out of court if Bloeise is addressed on the basis of the first paragraph of this article and to immediately do everything that may be expected of her/him in that case. If the Supplier fails to take adequate measures, Bloeise is entitled to do so itself, without notice of default. All costs and damage on the part of Bloeise and third parties that arise as a result will be entirely at the expense and risk of the Supplier.
The Supplier guarantees to keep secret all details and information of which it becomes aware in the context of the conclusion and implementation of the agreement. The Supplier will also not use this information for purposes other than the execution of the agreement.
- The Supplier and Bloeise undertake to maintain the confidentiality of all confidential information that they have obtained from each other or from another source within the framework of the Agreement. Information is considered confidential if this has been reported by the other party or if this results from the nature of the information.
- If Bloeise is obliged on the basis of a legal provision or a court decision to also provide confidential information to third parties designated by the law or the competent court and Bloeise cannot invoke a right of non-disclosure in this regard, Bloeise is not obliged to pay compensation or indemnification. and the Supplier is not entitled to dissolve the order on the basis of any damage caused as a result.
- The Supplier and Bloeise will impose their obligations under this article on any third parties to be engaged by them.
- Processing Personal Data
- Insofar as personal data of a counterparty are processed during the performance of work in the context of the services of Bloeise, this personal data will be processed in a proper and careful manner, in accordance with the Personal Data Protection Act and the General Data Protection Regulation. Bloeise refers for further information to the Privacy.
- In addition to the previous paragraph 1, Bloeise notes that appropriate technical and organizational measures will be taken to protect the personal data processed by the other party against loss or any other form of unlawful processing, taking into account the current state of the art. and the nature of the processing.
- Applicable law
These general terms and conditions of suppliers apply to all orders, requests and negotiations, by or on behalf of or on behalf of Bloeise, as well as the resulting agreement. The applicability of any form of general terms and conditions of the supplier is expressly excluded. The general terms and conditions of the supplier itself that have declared or wish to declare applicable offers or agreements with Bloeise are not applicable, unless Bloeise expressly agrees in writing with the applicability of such conditions.
- All Agreements between Bloeise and the Supplier are exclusively governed by Dutch law.
- Without prejudice to the right of Bloeise to submit a dispute to the competent court according to the law, disputes between the parties will in the first instance be submitted to the competent court.