These general terms and conditions apply to all legal relationships between LDJ TECH PR and the client, to the exclusion of the client’s general or other conditions. These general terms and conditions of LDJ TECH PR can only be deviated from if agreed in writing between the parties.
DURATION AND TERMINATION OF AGREEMENT
Every agreement for the performance of work by LDJ TECH PR with the client is entered into for an indefinite period, unless the parties agree on a specific duration. In every agreement for an indefinite period, the parties agree on a notice period in mutual consultation for the termination of that agreement, with a minimum notice period of two months.
RENUMERATION, COSTS AND INVOICES
The costs of third parties that LDJ TECH PR engages in the context of the performance of the assignment entrusted to it, will be fully charged to the client. Costs of third parties include (but are not limited to) all invoiced agency and procurement costs as well as compensation to third parties.
LDJ TECH PR operates a system of pre-invoicing. This means that the client receives an invoice before the services are actually delivered.
LDJ TECH PR has a payment term of 15 days. If the invoices sent by LDJ TECH PR have not been paid by the client on the 16th day after the date of dispatch by being credited to the bank account of LDJ TECH PR, the client will be in default (by operation of law) without the need for a reminder. If the client believes that the invoice from LDJ TECH PR is not correctly drawn up or contains incompleteness, the client has a period of 15 days, equal to the aforementioned payment term, to make his objections to the invoice known to LDJ TECH PR in writing by email.
If the client is in default with the payment of any amount, he shall owe commercial interest pursuant to art. 6:119a of the Dutch Civil Code as from the day on which the default occurs. The client is also liable for the extrajudicial collection costs on the outstanding amount. These costs are fixed at 15 percent of the outstanding amount, with a minimum of € 50.00.
The client never has the right to set off the amounts of any outstanding invoices from LDJ TECH PR with what the client believes he can claim from LDJ TECH PR.
The parties undertake to maintain confidentiality of all confidential information they have obtained from each other or from any other source in the context of the agreement. Information is considered confidential if this has been communicated by the other party or if it follows from the nature of the information.
LDJ TECH PR will perform the agreed services to the best of its ability and make every effort, with the required competence, to achieve the desired result. The parties are aware that LDJ TECH PR cannot guarantee any result, including the one desired by the client.
LDJ TECH PR checks its activities against generally applicable legal regulations and standards, and rules and practices generally applicable in the industry. The ultimate responsibility for the content of communication statements in the context of the execution of the assignment always rests with the client.
If a complaint is filed against the client, the client, in consultation with LDJ TECH PR, decides how to defend against it. If LDJ TECH PR is also sued, LDJ TECH PR has the right to defend itself independently, potentially separate from the client’s defense. In such a case, the client is obliged to reimburse the reasonable costs incurred by LDJ TECH PR in connection with the defense.
The client is responsible for the accuracy, completeness, and reliability of the data and information provided to LDJ TECH PR, even if they come from third parties.
The additional time and costs arising from the delay in the performance of the agreement due to the non-provision, late provision, or improper provision of the requested data and/or documents are borne by the client. LDJ TECH PR is not liable for any damages of any kind caused by relying on incorrect and/or incomplete information provided by the client.
In the event that LDJ TECH PR uses third parties in the performance of its services, LDJ TECH PR is not liable for any damage that client suffers or will suffer as a result of any actions of that third party hired. Client will recover that damage directly from that third party and indemnify LDJ TECH PR for that damage. LDJ TECH PR will not withhold cooperation on such without reasonable basis.
LDJ TECH PR has taken out insurance for cases in which it or its employees cause damage in the course of their normal work. In all cases, LDJ TECH PR’s liability is limited to the amount paid out under the liability insurance taken out by LDJ TECH PR, plus the deductible that is not covered by the insurer according to the policy terms. If, for whatever reason, no payout is made under the insurance policy, any liability is limited to an amount of €30,000.00 or, if the total fee charged by LDJ TECH PR in the relevant matter is higher, for a maximum of six months, to that amount with a maximum of €50,000.00. A copy of the policy with the terms and conditions of the liability insurance is available for inspection at the Amsterdam office.
LDJ TECH PR and the client are entitled to terminate the agreement, in whole or in part, without notice or obligation to pay damages, or to suspend the further performance of the agreement at their own discretion if:
a. the counterparty is declared bankrupt;
b. the counterparty applies for a suspension of payment;
c. the counterparty goes into liquidation of his business;
d. the counterparty is placed under guardianship or dies.
All legal relationships between the client and LDJ TECH PR are governed by Dutch law. All disputes will be exclusively submitted to the judgment of the competent court in Amsterdam.