Terms and Conditions
As of April 3, 2020
General conditions for Bloeise as a contractor
The following conditions apply to the services and products supplied by Bloeise Communications Consultancy:
In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise:
- Contractor: Bloeise communication consultancy;
- Client: the person who issued the assignment for the work. Every legal or natural person who has entered into or wishes to conclude an agreement with the Contractor and, apart from this, his legal representative (s), authorized representative (s) and heir (s);
- Agreement: the service agreement.
- Order: the request from the Client to the Contractor to perform work against payment.
- activities: all that the Contractor makes, undertakes and / or undertakes for the Client.
1782 JB DEN HELDER
Telephone number: 06-10665629 (Mon to Fri. 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, work, quotations, deliveries and agreements between the Contractor and Clients or their legal successors, unless explicitly deviated from in writing.
- Publication of these terms and conditions can be achieved by, among other things, 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 terms and conditions applied by it, whatever they are called, so that the general terms and conditions applied by the Contractor apply to all agreements.
- The Contractor reserves the right to supplement and / or change these General Terms and Conditions at any time. Changes are made known to the Client. The amended General Terms and Conditions take effect one (1) month after publication or at a later date stated in the announcement. If the Client does not agree with a fundamental change in the General Terms and Conditions, he has the right to cancel the Agreement before and on the date on which the amended General Terms and Conditions take effect.
- If one or more of the provisions in these terms and conditions are invalid or should be destroyed, the remaining provisions of these 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 invalid and / or annulled provisions, whereby the purpose and scope of the original provision will be taken into account as far as possible.
- The present general terms and conditions also apply to all agreements with the Contractor, in which third parties must be involved for the implementation.
- All offers and / or quotations from the Contractor, verbally, in writing, by telephone, by fax or electronically, are entirely without obligation, unless explicitly stated otherwise in a written quotation. Obvious mistakes or errors in the offer do not bind the Contractor.
- If the acceptance deviates (on minor points) from the offer included in the offer / quotation, the Contractor is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless the Contractor indicates otherwise.
- A compound quotation does not oblige Contractor to perform part of the assignment against 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 at the moment that the Contractor confirms an assignment from the Client in writing or at the moment that the Contractor starts the execution of the assignment.
- Any additional agreements or changes made later will only be binding if the Contractor has confirmed this in writing.
- The contractor will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- If and to the extent that a proper execution of the agreement requires this, the Contractor has the right to have certain work done by third parties.
- The Contractor is not liable for damage of whatever nature caused by the fact that the Contractor assumed incorrect and / or incomplete data provided by the Client, unless the Contractor should have been aware of this inaccuracy or incompleteness.
- Assignments to production companies with regard to the copying or publication of the text or design are provided 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 be done by the Client by submitting the fully completed registration form by post or by 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 regarding participation in the relevant course or workshop is established. However, the proof of the conclusion of the agreement can also be proven by the parties by other means. The order confirmation displays 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 established by full acceptance of the offer.
- The content of the quotation serves as a representation of the agreement. A different acceptance of the quotation applies 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 course session can be moved to a different date free of charge up to four weeks before the agreed date. When moving less than four weeks - and longer than one (1) week - before date, 50% of the course amount can be charged. If you move 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 course day.
- If canceled up to four (4) weeks before the first course day, € 30 (excl. VAT) will be charged. If you cancel from four (4) weeks up to one week before the first day of the course, 50% of the course fee will be charged as a cancellation fee. In the event of cancellation within one (1) week before the first course day, 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 notified to 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 prevented student can be transferred on request to the same course on different dates or dates. In the event of a transfer, administration costs of € 19.50 excl. VAT will be charged. For transfers 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 no later than three (3) days before the first course day in the event of insufficient registrations. The Clients are immediately informed of this. The Contractor will refund the course fee paid by the Client. If possible, the Contractor offers 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 with the execution of the course agreement, by another teacher or trainer.
7 Assignments: terms and changes
- A period specified by the Contractor within which a specific assignment is carried out has - unless it is explicitly stated in writing that it is a deadline - only an indicative purpose.
- The binding of the Contractor to an agreed deadline for the execution of the assignment expires if the Client does not comply with any obligation arising from the agreement or does not do what is reasonably necessary or desirable to enable timely execution of the assignment.
- If the information required for the implementation 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 the additional costs resulting from the delay in accordance with the usual rates .
- If it has been agreed that the agreement will be implemented in phases, the Contractor may suspend the implementation of those parts that belong to a subsequent phase until the Client has approved the results of the preceding phase in writing.
- If within the duration of the agreement a period has been agreed for the completion of certain activities, this is never a strict deadline. If the execution period 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 for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. The Contractor will inform the Client of this as soon as possible.
- If the amendment or supplement to the agreement will have financial and / or qualitative consequences, the Contractor will inform the Client about this in advance.
- Changes to an order that is already in progress can result in the original agreed term being exceeded. The Client will be charged extra for changes that cause higher costs than could be expected in the quotation.
- In the event of force majeure, the Contractor will immediately inform the Client thereof. The Client has the right to cancel an assignment in writing for two weeks after receiving this notification, but subject to the obligation to take and reimburse the Contracted Party for the part of an assignment that has been carried out.
- The parties can agree a fixed fee upon the conclusion of the agreement.
- If no fixed fee is agreed, the fee will be determined on the basis of the hours actually spent. The fee is calculated in accordance with the Contractor's usual hourly rates, valid for the period in which the work is being performed, unless a different hourly rate has been agreed upon.
- The fee does not include VAT in euros. A part of the day means: four working hours including travel time.
- The contractor is entitled to declare the costs due in the interim per month.
- 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 insufficiently estimated at the conclusion of the agreement, and this cannot be attributed to the Contractor that the Contractor cannot reasonably be expected to do so. are expected to perform the agreed work at 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 directly to the third party concerned in the context of assignments. If payment to third parties via Contractor expires, the latter is entitled to demand an advance on the costs.
- Declarations of the due fee and other costs are made monthly. For assignments that are completed within a month, the invoice follows 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 is obliged to keep records of hours and costs and to make them available for inspection at the request of the relationship. This obligation only applies if work is not done on the basis of an agreed fixed remuneration.
11. There may be set items in the quotation. With regard to the assessment costs, it is possible to exceed this. The excess can of course be accounted for by Contractor afterwards.
- Orders are usually issued by signing and returning an order issued by the Contractor. The Client enters into a payment obligation when giving an assignment. This also applies to assignments given personally, by telephone and by e-mail.
- Payment must be made within 28 days after the invoice date or receipt of the performance to 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 28-day period, the Client is legally in default. Client will then owe interest at the level of the statutory interest. The interest on the claimable amount 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, seizure or suspension of payment of the Client, the claims of the Contractor against the Client are immediately claimable.
- If the Client is in default or in default with the fulfillment of one or more of its obligations, then all reasonable costs for obtaining settlement out of court will be borne by the Client. If the Client fails to pay a sum of money in time, he forfeits an immediately due and payable fine of 15% on the amount still due. This with a minimum of € 100.00.
10 Obligations of the Client
- The Client is obliged to make all data and documents required by the Contractor for the correct execution of the assignment granted timely, 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 these originate from third parties, to the extent that the nature of the assignment does not indicate otherwise.
- If the Contractor has made things available to the Client in the performance 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 his account.
- If, for any reason whatsoever, the Client, for any reason whatsoever, still fails to comply with the obligation stated 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 carries out work at the Client's location, the Client will ensure that a suitable workplace is in compliance 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 Screen Workstations.
- In the absence of correct or timely fulfillment of one or more of its obligations, 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 obligations of the Contractor to fulfill its own obligations. be automatically and immediately suspended until what the Client owes is fully paid, including payment of any interest and costs (including compensation for damages).
12 Intellectual Property
- Plans, presentations, texts, models, techniques, instruments and resources that have been used for the execution of the assignment and that are included in the advice or research result are and remain the property of the Contractor. The Client is expressly prohibited from reproducing, disclosing or exploiting those products in the broadest sense of the Contractor's spirit, whether or not with the involvement of third parties. Publication 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 it is appropriate for 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 receives from the Contractor an unlimited license in terms of scope and duration for the use of works protected by copyright, which are made by the Contractor for the benefit of the Client in the execution of the assignment, on the understanding that the license only applies once and for as long as the Client meets the financial obligations related to the provision of the copyright work. However, the aforementioned license only applies to the use of the work in question by the Client itself or by persons or institutions that are taking over or continuing the work of the Client to the extent that they can be identified with the Client. Use by third parties is therefore not permitted until after written permission from the Contractor. Insofar as the Contractor has the authority to do so, a license is also granted with regard to works made in the context of the execution of the assignment by third parties on behalf of the Client under the conditions specified above. If nothing is specified about the destination or circulation, the first use and the first circulation apply as agreed.
- The contractor is at all times entitled to sign the work and / or to have his name stated in the colophon of a publication, or on an announcement or title role. Without prior permission, the Client is not permitted to make public or reproduce the work without mentioning the Contractor. If the Contractor deems this necessary, the Client will make publicly available and / or reproduce work with the copyright symbol with the name of the Contractor and the year of the first publication.
- The Contractor mentions the names of its Clients on its website and shows work created in brochures and on its website. If the Client has not indicated that he has objected to this in principle when giving the order, he agrees. The Contractor immediately adapts texts on the website and removes any images from its website if the Client objects to a specific publication.
- The Contractor is not liable for damage suffered by the Client as a result of the Client providing incorrect or incomplete documents to the Contractor.
- The Contractor is not liable for any consequential damage, operational damage or indirect damage that is the result of the Client's failure to perform, timely performance or improper performance.
- Before documents are put into production, they are submitted to the Client for approval. The Contractor does its utmost to avoid errors. If, however, the printed or otherwise produced work turns out to be an error that was also in the version approved by the Client, the Contractor is not liable for the damage (for example the cost of reprinting) that may result from this. to be.
- 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 them properly.
- The contractor is never liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption.
- If the Contractor has made a mistake during the execution of the placement order (wrong date, wrong edition etc.) and the Client has been disadvantaged as a result, the Contractor is obliged to correct the error or to compensate the damage, insofar as this can reasonably be expected of it. are expected and proportionate to the damage suffered. The liability amounts to a maximum of the amount of the placement costs.
- If the mistake is made by the publisher, the Contractor will negotiate with the publisher about correcting or compensating for the mistake. The Contractor will not charge any costs for this. The contractor is not obliged to take legal action against the publisher, nor is it liable for the damage, if it is not possible to rectify the mistake made or if the compensation offered by the publisher is not considered reasonable by the client.
- The Contractor is only liable vis-à-vis the Client for damage that is the direct result of a (related series of) attributable shortcoming (s) in the performance of the Assignment.
- The Contractor's liability is limited to the amount of the fee charged for the performance of the Assignment. If the Assignment concerns a continuing performance contract with a duration of more than one year, the aforementioned amount 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 pursuant to this paragraph amount to more than € 500.00 per attributable shortcoming, unless the parties - given the scope of the Assignment or the risks associated with the Assignment - see reason to to enter into the agreement to deviate from this maximum. A coherent 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 deliberate recklessness on the part of the Contractor or its management.
11. If the Client finds damage, he must first give the Contractor notice of default and grant him a period to repair the damage (if possible) or limit it by repairing or improving the work performed. If this does not work, then the liability is limited to a maximum of the fee.
12. The Client indemnifies the Contractor against claims from third parties for 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 Contractor's employees and third parties engaged by the Contractor) who suffer damage in connection with the performance of the Assignment resulting from the acts or omissions of the Client or from unsafe situations in its business or organization.
15 Retention of title
- All delivered and yet to be delivered products, texts, advice, reports, proposals, and products of the spirit 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 the claims for interest and extrajudicial and judicial costs have been paid in full.
- If the Client forms a new good out of the products supplied by the Contractor that are subject to retention of title, he / she will act on the Contractor's instructions in that formation and he / she will keep the item for the Contractor. He / she will only become the owner when the retention of title expires because all claims of the Contractor have been settled.
- The Client is not authorized to pledge or encumber the goods subject to the retention of title in any other way.
- If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Client is obliged to inform the Contractor of this as quickly as may reasonably be expected.
- The Client undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection upon first request.
- In the event that the Contractor wishes to exercise his ownership rights referred to in this article, the Client now gives unconditional and irrevocable permission to the Contractor or third parties to be designated by him to enter all those places where the Contractor's property is located and those matters to take back.
- Complaints about the work performed must be reported in writing by the Client to the Contractor within 8 days after discovery, but no later than within 14 days after completion of the work concerned. 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 it has become demonstrably pointless for the Client. 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 can cancel 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 loss of capacity utilization that can be made plausible, unless there are facts and circumstances underlying the cancellation that can be attributed to the Contractor. Furthermore, the Client is then obliged to pay the invoices for work performed up to then. The provisional results of the work carried out until then will therefore be made available to the Client subject to change.
- If the agreement is prematurely terminated by the Contractor, the Contractor will arrange for the transfer of work still to be performed to third parties in consultation with the Client, unless the cancellation is based on facts and circumstances that can be attributed to the Client.
- If the transfer of the activities 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 copyright liability.
19 Risk transfer
- The risk of loss or damage to the items that are the subject of the agreement is transferred to the Client at the moment that these are legally and / or actually delivered to the Client and thus in the power of the Client or of 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 due to a circumstance that is not due to fault, and that is not for their account under the law, legal act or generally accepted beliefs.
- Force majeure is in any case understood to mean any circumstance that the Contractor could not take into account at the time the agreement was entered into 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, energy disruption, flood, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, errors in software, regardless of whether this software was developed by user or by third parties, failure or incomplete functioning of third-party computer systems, including web servers, power outages, water and other disruptions in our company. Furthermore, force majeure is understood to mean the fact that supply companies on which the Contractor depends for the performance 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) compliance occurs after the Contractor should have fulfilled its obligations.
- 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 terminate the agreement, without obligation to compensate damage to the other party.
- To the extent that at the time of force majeure the Contractor has partly fulfilled its obligations under the agreement or will be able to fulfill it, and the part fulfilled or to be fulfilled is assigned independent value, the Contractor is entitled to the part already fulfilled or to be fulfilled to declare separately. 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.
- If the force majeure continues for more than three months, the Client has the right to terminate the agreement with immediate effect by means of a registered letter.
- If the delivery and / or delivery still entails an increase in costs, these will be at the expense of the Client.
- After cancellation of the agreement, the Contractor is entitled to reimbursement of the costs incurred or work performed by us to the extent that this benefits the Client.
- Both parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement, unless they are exempted by law or by the courts. Information is considered confidential if this is stated by the other party or if this results from the nature of the information. The duty of confidentiality remains 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 for any other reason no longer available or usable, 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 is present when one of the parties declares that this is the case.
- The judge in the municipality where the Contractor is established is authorized to handle the case in the event of a dispute.
General conditions for Bloeise as a client
The following conditions apply to the services and products purchased by Bloeise, a communication consultancy, from its suppliers:
- Client: Bloeise communication consultancy, 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 regarding the provision of services and / or the performance of work and / or the delivery of goods.
- Identity of the client
1782 JB DEN HELDER
Telephone number: 06-10665629 (Mon to Fri. 09.00 - 17.00)
E-mail address: email@example.com
Chamber of Commerce number:
VAT identification number: NL002091964B97
- The Agreement is formed by the present general terms and conditions together with the order confirmation by Supplier and Bloeise.
- These general terms and conditions apply to every offer, quotation and Agreement between Bloeise and the Supplier, insofar as the parties have not explicitly deviated from these terms and conditions.
- The applicability of any purchase and / or other conditions of the Supplier is expressly rejected.
- If at any time one or more provisions of these general terms and conditions are annulled or annulled in whole or in part by the court, this will not affect the effect of the other provisions.
- The Agreement is deemed to have been concluded from the day of signing by Bloeise, respectively, from the day of sending 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.
- Bloeise is only liable for direct damage resulting from the execution of the agreement.
- Direct damage is exclusively understood to mean the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred in connection with the faulty performance of Bloeise in the agreement. to have it answered, insofar as these can be attributed to Bloeise and reasonable costs incurred to prevent or limit damage, insofar as Supplier demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
- Bloeise is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
- Bloeise is not liable for damage, of whatever nature, caused by Bloeise assuming incorrect and / or incomplete information provided by or on behalf of the Supplier.
- If Bloeise should be liable for any damage, Bloeise's liability is limited to a maximum of the invoice amount, at least to that part of the amount to which the liability relates.
- Bloeise's liability is in any case always limited to the amount of the payment from his / her insurer, if applicable.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Bloeise or his / her supervisors subordinates.
- Unless there is intent or deliberate recklessness on the part of Bloeise, or of its staff, Bloeise is not liable, and in this respect it is fully and unconditionally indemnified by the Supplier for any damage to (goods and / or property of) the Supplier and / or to (goods and / or property of) substitute (s) engaged by him is brought to and / or in the context of the execution of the work ensuing from the Assignment.
- The Supplier indemnifies Bloeise against possible claims by third parties who suffer damage in connection with the execution of the Agreement and the cause of which is attributable to parties other than Bloeise.
- The Supplier is obliged to assist Bloeise both in and out of court if Bloeise is held liable on the basis of the first paragraph of this article and to immediately do everything that can be expected from her / him in that case. If the Supplier fails to take adequate measures, Bloeise is entitled, without notice of default, to do so itself. All costs and damage on the part of Bloeise and third parties resulting from this, will be fully for the account and risk of the Supplier.
Supplier guarantees to keep secret all details and information of which it takes cognizance of in the context of the conclusion and implementation of the agreement. Supplier will also not use this information for purposes other than the performance of the agreement.
- The Supplier and Bloeise undertake to observe secrecy with regard to all confidential information that they have obtained from each other or from another source under the Agreement. Information is considered confidential if this has been reported by the other party or if this arises from the nature of the information.
- If, on the basis of a statutory provision or a court decision, Bloeise is obliged to provide confidential information to third parties designated by law or the competent court and Bloeise cannot invoke a right of non-disclosure, Bloeise is not obliged to pay compensation or compensation. and the Supplier is not entitled to dissolve the order on the basis of any damage resulting from this.
- The Supplier and Bloeise will impose their obligations under this article on any third parties they may engage.
- Processing of Personal Data
- Insofar as personal data of a counterparty are processed in the context of the services provided by Bloeise, these personal data will be processed in a proper and careful manner, in accordance with the Personal Data Protection Act and General Data Protection Regulation. Bloeise refers to the Privacy declaration.
- In addition to the previous paragraph 1, Bloeise also notes that appropriate technical and organizational measures will be taken to protect the personal data processed by a counterparty 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 suppliers apply to all orders, requests and negotiations, by or on behalf of or on behalf of Bloeise, as well as the resulting agreement. Applicability of any form of general terms and conditions of the supplier is expressly excluded. The general terms and conditions of the supplier itself have declared or want to declare offers or agreements with Bloeise applicable, unless Bloeise explicitly 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 Bloeise's right to submit a dispute to a court that has jurisdiction according to the law, disputes between parties will in the first instance be submitted to the competent court.