Terms and conditions projects and events

Article 1. Definitions

In these general terms and conditions, the following terms shall have the following meanings:

1. The contractor: the natural person or legal entity to whom the work has been assigned. Namely Studio Koekoek is registered with the Chamber of Commerce under number 59812478 and is located at Weesperstraat 100, 1018 DN in Amsterdam.
2. The client: the natural person or legal entity who assigns the work.
3. The specifications: the description of the work, and the regulations and conditions applicable to the work.
4. The work: the work to be performed, the course, training, assignment or the delivery or service to be provided.
5. The agreement: the definitive assignment from the client to the contractor.
6. Event: a meeting, workshop, conference, presentation, lecture, coaching, consulting, neighborhood project, conference, community art project, training, course, or other activity of the contractor of a similar nature.
7. Day: calendar day.
8. Working day: a calendar day, unless it falls on a generally recognised or prescribed rest day or holiday, vacation day.
9. Quotation: the written offer with the description of the work.

Article 2. Application of these terms and conditions

These general terms and conditions apply to all quotations and agreements between the contractor and the client for the organisation and execution of events.

2.2. These general terms and conditions have been declared applicable in the quotation of the contractor. This applicability cannot be set aside upon confirmation of the order by the client. Even if the client declares its general terms and conditions applicable upon confirmation of the order, or sets aside provisions in the general terms and conditions of the contractor, the general terms and conditions of the contractor nevertheless apply in full.

2.3. Upon confirmation of the order by the client, the client agrees to the general terms and conditions and declares that he has sufficient command of the language of the general terms and conditions.

2.4. In the event of a conflict between the provisions in the general terms and conditions and the provisions of the agreement, the provisions of the agreement will take precedence over the provisions in the general terms and conditions.

Article 3. Quotation

3.1. All quotations are without obligation, which means that the contractor cannot be held to honour them.

3.2. Each quotation is an indivisible whole and is valid for 14 days after the date, unless expressly stated otherwise in writing.

3.3. All offers are made according to specifications and/or price request.

3.4. The prices in the quotations are exclusive of VAT, unless stated otherwise.

3.5. The quotation states, if possible, the time at which the work will commence.

3.6. The quotation provides insight into the price and the pricing method that will be used, contract, target price or management.

1. In the case of the “contract” pricing method, the parties agree on a fixed amount (contract sum) for which the work will be carried out.
2. In the case of the “target price” pricing method, the contractor makes an estimate of the costs of the work that is as accurate as possible.
3. In the “cost-plus” pricing method, the contractor provides a precise specification of the price factors, hourly rate and unit prices of the required materials and resources.

3.7. If an order is not placed after a quote, the costs of preparing and drawing up the quote may be charged. The client must agree to this in writing in advance.

Article 4. Formation of the Agreement

4.1. The agreement is formed by the notification of acceptance of the quotation by the client to the contractor.

4.2. Changes to the agreement or deviations from these general terms and conditions can only be agreed in writing.

5. Price changes

The contractor reserves the right to increase agreed prices. This can only be done with reasons, in advance for instalments not yet due. The increase must be the result of a change in circumstances occurring after the conclusion of the agreement. This must be of such a nature that the contractor cannot reasonably be expected to be bound by the agreed prices.

Article 6. Cancellation

6.1. A registration for an event can be cancelled free of charge up to 31 days before the start of the event. If an event is cancelled between 14 and 31 days before the start of the event, 50% of the invoice amount will be charged. If cancellations are made after 14 days before the start of the event, 100% of the costs will be charged. If for any reason the client does not show up at an event without cancellation, the total registration fee will be charged.

6.2. The contractor reserves the right to cancel an event, for reasons beyond its control, up to 5 working days before the start of the event.

6.3. An event will only take place if, in the opinion of the contractor or the executing company, there are sufficient registrations.

Article 7. Changes

The contractor reserves the right to make changes to the accepted work, the event, the location and the dates without giving reasons. The contractor is not liable for any costs and damages that may be charged to the client as a result.

Article 8: Copyright and Intellectual Property

8.1. The copyright and intellectual property rights of materials and consultations supplied by the contractor are vested in the contractor. This concerns all items provided, such as:

1. quotations;
2. project descriptions;
3. readers;
4. presentations;
5. handouts;
6. reports;
7. advice;
8. designs;
9. sketches, drawings;
10. software;
11. instructions;
12. designs and patterns;
13. works of art made, including those made in collaboration with the client and/or volunteers

8.2. All these materials are exclusively intended for use by the client. It is not permitted to reproduce the material in any way whatsoever. It is not permitted to re-exploit the material. It is also not permitted to use the material for purposes other than those for which it was made available.

8.3. These provisions may be deviated from in the quotation, but only explicitly.

Article 9. Invoicing

9.1. Unless explicitly agreed otherwise, invoicing will take place when the order is placed. Payment must be in the possession of the contractor within 30 days at the latest, or before the start of the project if the order was agreed less than 30 days before the event. If this is not the case, additional collection costs will be charged to the client. Payment must be made by transfer to the bank account stated on the invoice, stating the invoice number and invoice date.

9.2. The client must pay the amount stated on the invoice to the contractor, without any deduction, discount or debt settlement. Payment must be made within the period stated on the invoice.

9.3. In the event of late or incomplete payment, the client will be in default, without the contractor first having to give written notice of default. In addition, the client will owe statutory interest on the outstanding amount, to be calculated from the invoice date.

Article 10. Liability and Force Majeure

10.1. The Contractor may invoke force majeure. As a result, the execution of the work is impossible due to a cause that cannot be attributed to the Contractor. This cause is also not within his sphere of risk. As a result, the Contractor cannot be required to deliver the work within the agreed term. The Contractor is entitled to an extension of the term, or is entitled to terminate the execution of the work and charge the costs incurred to the Client.

10.2. If the execution of the work becomes impossible due to a cause that cannot be attributed to the Client (force majeure) and is also not within his sphere of risk, the Client is entitled to terminate the work against compensation for the costs incurred by the Contractor.

10.3. Force majeure is understood to mean all circumstances beyond the control of the parties that reasonably make the fulfillment of the agreement very difficult or impossible. This includes, among other things: delayed delivery of materials ordered on time; transport difficulties; mechanical and other malfunctions that affect the contractor in his company. In addition, in any case, crime, molestation, fire, strike, lockout, riot, occupation, natural disasters, floods, epidemics or war.

10.4. The party that relies on the failure of the other party to comply with the agreement is obliged to take all necessary measures to limit the damage to be suffered. If these measures entail costs, these costs will be reimbursed by the other party.

Article 11. Liability

11.1. The contractor accepts no liability for defects in services provided by it, unless these are the result of intent or gross negligence.

11.2. The liability of the contractor can never exceed the invoice amount.

11.3. The contractor ensures that adequate liability insurance is in place. Any compensation for damages can never exceed the maximum payment amount of this insurance.

11.4. The Contractor stipulates all legal and contractual defenses that it can invoke to ward off its own liability towards the client, also for the benefit of its subordinates and non-subordinates for whose conduct it would be liable under the law.

11.5. The Contractor is never liable for consequential damage.

Article 12. Personal data registration

12.1. The personal data of the client and any other persons involved, whose assignment has been accepted by the contractor, will be included in its customer database.

12.2. The contractor will store as little personal data as possible, in any case no special data.

12.3. The data will be stored for as short a time as possible.

12.4. The contractor will not provide personal data to third parties without the permission of the client, unless required to do so by law.

Article 13. Applicable law

13.1. Dutch law applies to this agreement. Any disputes will be submitted to the court that has jurisdiction in the district in which the contractor is established.

13.2. The contractor is free to submit a dispute to another competent court.

13.3. The invalidation by judicial decision of one or more provisions of these General Terms and Conditions does not affect all other provisions.

Article 14. Version(s)

These general terms and conditions are published on the website of the contractor. They will be sent upon request and can always be consulted by the client. The client is familiar with the content of the terms and conditions. The contractor is free to publish a new version of the terms and conditions. This applies on the date of publication of concluded agreements.