Article 1: Applicability
- These general terms and conditions apply to all assignments given by clients to RD+P Strategy and Finance (hereinafter: RD+P).
- These general terms and conditions can only be deviated from if RD+P has expressly agreed in writing with the client.
- The client also accepts the applicability of these general terms and conditions for additional and follow-up orders, as well as for quotations.
Article 2: Quotations
- All quotations from RD+P are without obligation.
- If RD+P makes a quote for the costs, this statement is made without obligation and based on an estimate of the time spent on the basis of the information known at the time the quote was issued.
- When submitting a quotation, it is assumed that the information provided by the client is correct and that the client provides timely and correct and complete documents and information that are important for the assignment.
Article 3: Intellectual property
- Models, concepts, techniques and instruments used for the execution of the assignment and included in the advice or result of the assignment are and remain the property of RD+P, unless otherwise agreed in writing with the client.
- Disclosure can only take place after written permission from RD+P. The client has the right to reproduce documents for use in his/her own organization, insofar as this is appropriate within the purpose and execution of the assignment.
Article 4: Compensation
- Unless expressly agreed otherwise by the parties or if it arises from the nature of the assignment, the fee for RD+P is determined on the basis of the time spent and the hourly rate applicable to the assignment in question.
- The hourly rate can be changed by RD+P at any time, unless expressly agreed otherwise. RD+P will notify the client in writing in advance of any change in the hourly rate.
- RD+P is always entitled to charge its client an advance or an additional advance. The advances will be settled at the end of the execution of the agreement.
- RD+P specifies its invoices according to the nature of the work performed, its duration and the applicable hourly rate.
Article 5: Payment
- The payment term on RD+P's invoices is payment within fourteen days of the invoice date. If the client does not pay within the set term, he is deemed to be in default by operation of law without any summons or notice of default being required.
- If an invoice is not paid within the payment term, default interest of 15% is due on the invoice amount, from the due date of the relevant invoice.
- If the client fails to pay the invoice amount in time, RD+P is entitled to hand over its claim for collection. No further notice of default is required for this. In that case, the client owes extrajudicial collection costs of 15% of the invoice amount with a minimum of € 195.00.
- If the invoice is not paid within the payment term, RD+P may suspend its activities after the client has been informed of this and after the client has been given a reasonable term for compliance. It should also be noted that RD+P is not liable for damage that arises as a result of the suspension of these activities.
Article 6: Liability
- RD+P is only liable for shortcomings in the performance of an assignment, insofar as these are the result of RD+P's failure to observe the necessary care, expertise, craftsmanship that may be relied upon in the performance of its work.
- Any liability of RD+P is limited to the amount invoiced by RD+P in the context of the assignment in question to which the liability relates.
- Any claims by the client as referred to above must be submitted, with proper substantiation, within six months after discovering a possible ground for this, failing which the client will have forfeited his rights.
Article 7: Confidentiality
- 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. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
- If and insofar as required for the proper execution of the agreement, RD+P has the right to have certain activities performed by third parties under explicit confidentiality, as referred to in Article 7.1.
Article 8: Applicable law
- Dutch law applies to the legal relationship between RD+P and its clients.
- Only the court in Utrecht is authorized to take cognizance of any dispute between RD+P and the client, unless RD+P prefers settlement by another court in the Netherlands.
This is an English translation of the Dutch general terms and conditions. The Dutch general terms and conditions take precedence over the English translation.