GENERAL TERMS AND CONDITIONS HANNA HELPS
These General Terms and Conditions apply to all work generated by assignments provided to Hanna Helps. This includes additional and subsequent assignments.
By assignments in these General Terms and Conditions are meant: all agreements that are realized with Hanna Helps in any form whatsoever.
3. The applicability of any Terms and Conditions of the customer is explicitly rejected by Hanna Helps.
4. The rights and obligations for the client resulting from the agreement with Hanna Helps and / or these General Terms and Conditions are not transferable.
5. All instructions are given exclusively to Hanna Helps which therefore serves as sole contractor. Between the client and the person carrying out the task under any legal relationship to Hanna Helps or who is involved in the implementation, no agreement is reached, even if the implementation of the contract is given to that person within the meaning of Article 7: 404 of the Civil Code.
6. Article 7: 404 of the Civil Code, Article 7: 407, paragraph 2 of the Civil Code and Article 7: 409 of the Civil Code are excluded from these General Terms and Conditions. The contract includes the power to act on behalf of the client and to preform legal acts within the context of the assignment given to Hanna Helps.
7. Hanna Helps always carries out assignments to the best of its ability. Unless specifically agreed in writing, there is an obligation to perform to the best of one’s effort.
8. Amendments and / or extensions to an assignment that directly or indirectly lead to additional work for Hanna Helps are charged extra.
9. The client has the independent obligation to provide all information, documents and records necessary for Hanna Helps to correctly execute the assignment in a timely manner.
The client must vouch for the accuracy and completeness of the information provided by him to Hanna Helps, even if this information comes from third parties.
Hanna Helps is under no circumstances liable for damage caused by the client by not meeting the above mentioned requirements.
10. Invoices must be paid within 14 days after invoice date, which is a deadline, unless otherwise agreed upon in writing. In the event of late or incomplete payment, a 1.5% interest rate on the outstanding balance is charged per month or part of the month. At the same time Hanna Helps can put the activities (partly) on hold without being or becoming liable for damage compensation. In case of involving a collection agency the client will be held accountable for the capital sum, the interest as well as any reasonable legal and extrajudicial costs with a minimum of 15% of the principal amount owed.
11. Any liability of Hanna Helps and any liability of a person who performs the task under any legal relationship with Hanna Helps or who is involved in the execution is limited to the fee excluding VAT that is agreed upon for the execution of the assignment to which the claim relates.
12. The limitation of liability set out in Article 11 also applies if Hanna Helps is liable for the improper functioning of equipment necessary for executing the assignment, software, data, or other matters, none excepted. The limitation of liability also applies if an email is not correct or not complete or not transmitted and / or received in a timely manner.
13. Hanna Helps is entitled, without notice or judicial intervention to cease her performance(s) and dissolve the agreement, without the possibility of Hanna Helps being held accountable for any damages, and without prejudice the possibility of any intended rights to Hanna Helps if:
a. the client acts in violation of applicable laws and regulations or a court ruling.
b. The client has provided Hanna Helps with false and / or inaccurate data.
c. The client signed the assignment agreement under false pretenses.
d. The client has filed for bankruptcy or a request for suspension of payment is granted.
14. The client gives Hanna Helps the right to communicate by email with him and others in the context of its assignment, being aware that the confidentiality of information sent by email is not guaranteed.
15. The client authorizes Hanna Helps to accept Terms and Conditions (including any limitations of liability) stipulated by persons who perform the task under any legal relationship with Hanna Helps or who are involved in the implementation. Also for the benefit of the client and on his behalf and indemnifies Hanna Helps for claims by third parties relating to claims by the client against such third parties.
16. The provisions of these General Terms and Conditions are also made on behalf of a person who is commissioned by a client of Hanna Helps and who has any legal relationship with Hanna Helps and in who is involved in the implementation.
17. Hanna Helps is obliged to a pledge of confidentiality towards third parties who are not involved in the implementation of the assignment agreement. This confidentiality applies to all information of a confidential nature that Hanna Helps has been made available by the client and the results obtained from the processing this information.
18. Only Dutch law is applicable to the relationship between Hanna Helps and the client. Disputes will be solely settled in Dutch court.