Terms & Conditions

1. Definitions

In these terms and conditions, the following terms are capitalized:

  • Contractor: H.W.G. Rappé, operating under the name Progressors, located at Venediёn 24, 1441AK Purmerend, Netherlands.
  • Client: the party that has commissioned the Contractor.
  • Agreement: the agreement between the Client and the Contractor.

2. Applicability

  • These terms and conditions apply to all offers, assignments, and agreements between the Contractor and the Client.
  • Deviations from these terms are only valid if agreed upon in writing.

3. Offers and Proposals

  • All offers and proposals from the Contractor are without obligation unless a period for acceptance is specified in the offer.
  • The agreement is established by written acceptance of the offer by the Client.

4. Execution of the Assignment

  • The Contractor will execute the assignment to the best of their ability and knowledge.
  • The Contractor has the right to have certain tasks performed by third parties.

5. Obligations of the Client

  • The Client ensures that all data, which the Contractor indicates are necessary or which the Client should reasonably understand to be necessary for the execution of the assignment, are provided to the Contractor in a timely manner.
  • If the data required for the execution of the agreement are not provided to the Contractor in time, the Contractor has the right to suspend the execution of the agreement and/or charge the Client for the extra costs resulting from the delay according to the usual rates.

6. Compensation and Payment

  • The rates and any cost estimates provided by the Contractor are exclusive of VAT and other government levies unless otherwise indicated.
  • Payment must be made within 14 days of the invoice date unless otherwise agreed in writing.
  • If the Client fails to make payment within the 14-day term, the Client is legally in default. The Client will then owe interest of 1% per month unless the statutory interest rate is higher, in which case the statutory interest rate applies.

7. Liability

  • The Contractor is only liable for direct damage resulting from intent or gross negligence on the part of the Contractor.
  • The Contractor is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.

8. Confidentiality

  • Both parties are obliged to maintain confidentiality regarding all confidential information they have obtained from each other or another source in the context of their agreement. Information is considered confidential if it has been indicated as such by the other party or if this results from the nature of the information.
  • The Contractor is permitted to use the Client’s business name and logo as a reference after the completion of the assignment unless otherwise agreed in writing. The contractor is allowed to refer to client (for example through websites such as LinkedIn.com) when assigned to a project on interim basis.

9. Intellectual Property

  • All documents provided by the Contractor, such as reports, advice, designs, sketches, drawings, software, etc., are intended solely for use by the Client and may not be reproduced, made public, or disclosed to third parties without prior consent from the Contractor.

10. Applicable Law and Disputes

  • All legal relationships to which the Contractor is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship resides there.
  • The court in Alkmaar, Netherlands, is exclusively competent to take cognizance of disputes unless the law mandatorily prescribes otherwise.
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