Terms & Conditions 2020
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1. Terminology
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“WeLoveYourWork” is used to refer to WeLoveYourWork and the Consultant working under the name of WeLoveYourWork.
‘‘The Consultant” is used to refer to the individual or Third Party providing the consultancy in the normal course of business as per the instruction of WeLoveYourWork.
‘The Client” is used to refer to the individual/company commissioning WeLoveYourWork’ services.
‘The Service User” is used to refer to the individuals benefiting from the presence of the Consultant.
“The Venue” is used to refer to the place in which the work will be carried out.
2. Applicability
These general terms and conditions apply to all offerings and agreements (oral or written) entered into between WeLoveYourWork and the Client, and to assignments commissioned by the Client to WeLoveYourWork, regardless of whether the execution of such agreement or assignment may require the involvement of third parties.
The applicability of other purchase- or other conditions is rejected.
If one of the articles is partly or completely nullified the rest of these terms and conditions will remain applicable
3. Quotations, Fees & Payment
All quotations and cost estimates provided by WeLoveYourWork shall be without obligation.
All quotations and cost estimates mentioned by WeLoveYourWork are exclusive of VAT (BTW) and out-of-pocket expenses, unless explicitly stated otherwise.
WeLoveYourWork’ fee is, unless expressly stated in writing to the contrary, based on an hourly rate.
Unless expressly stated in writing to the contrary, for assignments invoiced by the hour the following rates shall apply:
Consultancy: € 200,- per hour.
Rates may be changed at one month's notice.
Additional services and extra hours are charged upon calculation afterwards. Extra work of less than an hour will be charged at a full hour, unless explicitly stated otherwise.
WeLoveYourWork shall invoice the Client the expenses incurred in executing the assignment, in addition to the above mentioned fee. The Client will cover all handling costs of WeLoveYourWork, including, but not limited to, the costs of obtaining documentation, transport and travel costs and per diem expenses. WeLoveYourWork will document such costs at the Client’s request. With respect to transport, WeLoveYourWork can choose the type of transport considered most expedient. Any additional VAT (BTW) is for the account of the Client.
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Unless explicitly stated otherwise, the Client will pay 50% of the quoted fee before the assignment starts and 50% within 10 working days after the assignment has finished.
4. The Assignment
The assignment shall take effect upon the acceptance in writing by the Client of the quotation submitted by WeLoveYourWork, or, if no quotation has been submitted, by the confirmation in writing by WeLoveYourWork of a commission granted.
These general terms and conditions apply to all agreements entered into between WeLoveYourWork and the Client, and to assignments commissioned by the Client to WeLoveYourWork, regardless of whether the execution of such agreement or assignment may require the involvement of third parties.
The Client cannot invoke any agreement and assignment deviating from these Terms and Conditions, unless such agreement is entered into in writing by WeLoveYourWork.
If the Client signs the Confirmation of Assignment and Quoting provided by WeLoveYourWork before the start of an assignment the Client agrees with these Terms and Conditions in whole.
If it is agreed to extend or change the assignment, the extended or changed assignment will be carried out without further confirmation.
If, after signing of the Confirmation of Assignment and Quoting, the Client makes any alteration to the original commission, WeLoveYourWork shall be entitled to adapt the lead time and/or remuneration or to reject the commission.
If after signing of the Confirmation of Assignment and Quoting, the assignment is subsequently withdrawn, reduced in scope, or frustrated by an act or omission on the part of the Client or any third party, within 7 days of the assignment taking place, the Client shall pay WeLoveYourWork 100% of the fees. 50% Of the fees are payable for assignments which are cancelled within 8– 31 days of the assignment taking place and 10% of fees are payable for assignments which are cancelled with more than 31 days notice.
In the event of an assignment being withdrawn by the Client, the Client shall be liable for payment of that part of the commission that has already been executed and for payment on the basis of a fee per hour for research that has been undertaken with respect to the remainder of the commission.
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5. Execution of Assignment
WeLoveYourWork shall commit itself to executing the assignment to the best of its ability, thereby employing sound professional knowledge and skills, with due regard to the purpose specified by the Client.
WeLoveYourWork may choose to have (parts of) the assignment executed by external associates, partner companies or third parties.
WeLoveYourWork may consider the Client to be the person who has commissioned the work, unless the said person has clearly stated that he/she is acting on behalf of, on the orders of and on the account of a third party and providing the name and address of the said third party are concurrently submitted to the consultant.
WeLoveYourWork may consider the Service User to be the persons benefiting from the presence of the Consultant. The Service User cannot invoke any agreement and assignment deviating from the agreement and assignment between the Client and WeLoveYourWork. WeLoveYourWork accepts no liability of any kind in relation to Service Users.
A precondition for the proper performance of the assignment is that the Client provides all relevant information and
documentation in connection with the assignment. To enable an effective preparation, the Client must provide any supplementary information at least 8 business days in advance of the assignment taking place. Such material may include, but is not limited to: terminology specific to the field in which the assignment is given, power point presentations, reports, letters, diagrams, notes, briefing papers, scripts, audio / visual material.
WeLoveYourWork shall not be held responsible for the accuracy of information supplied to WeLoveYourWork by the Client or the Service User and shall not be liable for damage of any kind if WeLoveYourWork has operated from inaccurate or incomplete information supplied to WeLoveYourWork by the Client or Service User, even if such information was supplied in good faith.
WeLoveYourWork shall treat all information entrusted by the Client or the Service User with the strictest confidence. Unless expressly stated in writing to the contrary, WeLoveYourWork shall not be liable for damage of any kind due to the disclosure by WeLoveYourWork of any information supplied by the Client or the Service User.
The Client will only record the Consultant during the assignment with the express permission of the Consultant.
It is incumbent upon the Client to ensure that arrangements are made within the Venue which suitably accommodates the assignment. As such, the Venue should be well lit and the Consultant should be positioned in such a manner that the Service User can clearly see and hear the Consultant and that the Consultant can clearly hear the Service User. The Client will ensure that any equipment as requested and agreed upon is available at the Venue.
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6. Force Majeure
In case of force majeure (overmacht), WeLoveYourWork has the right to cancel the assignment without entitling the Client or Service user to compensation for any damages.
In the present terms and conditions, force majeure (overmacht) shall be understood, in the addition to the legal definition and interpretation of the term, to include all exterior causes, whether anticipated or not, over which WeLoveYourWork or the Consultant or the Third party working for WeLoveYourWork cannot exercise any control, but which prevent WeLoveYourWork or the Consultant or the Third Party from being able to meet its commitments. Such circumstances shall in any case include fire, accident, family circumstances, illness, industrial action, war, governmental measures or hindrance or restriction of transport.
In case WeLoveYourWork decides to cancel the agreement for a reason other than force majeure, the Client is only entitled to reimbursement of any already paid amounts, not to any compensation for other damage.
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7. Liabilities
Except in the event of gross negligence or wilful misconduct on the part of WeLoveYourWork or the Consultant, WeLoveYourWork and the Consultant are not liable for any damage, arising directly or indirectly from the assignment, including, but not limited to, the interpretation of the Service Users language by the Consultant.
8. Intellectual Property
Unless it is expressly stated in writing to the contrary, WeLoveYourWork shall retain the copyright on all models, materials, ideas. advice, texts, imagery etc. provided by WeLoveYourWork.
The Client shall indemnify WeLoveYourWork from any claim by a third party regarding alleged breach of rights of ownership, patent, authors' copyright or other intellectual property in connection with the execution of the commission.
9 Complaints and disputes
The Client shall report complaints or any dissatisfaction concerning the work delivered by WeLoveYourWork as soon as possible and inform WeLoveYourWork in writing of dissatisfaction within 3 working days after the provision of the service. The reporting of a complaint shall in no way relieve the principal of his obligation to pay for the work delivered. Discrepancies must be submitted in a manner that accurately demonstrates the nature of the complaint. Failure to do so will mean WeLoveYourWork retains the right to invoice for the stated amount.
In the case of a well-founded complaint, WeLoveYourWork shall improve or replace the delivered work within a reasonable period of time, or - if WeLoveYourWork cannot reasonably comply with the request for improvement - agree to a reduction in the fee.
The Clients right to make a claim shall cease if he has revised - or has caused to be revised - the work as delivered and has subsequently passed it on to a third party.
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10 Law
The agreement and the WeLoveYourWork conditions shall be governed and construed in accordance with the laws of the Netherlands and shall be subject to the exclusive jurisdiction of the relevant courts of the Netherlands. If in case of dispute the court fully or partially rules in favour of WeLoveYourWork, all real costs for legal assistance will be borne by the opposing party.
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WeLoveYourWork will endeavour to look after the Client's best interest.