Version 2020

General terms and conditions for the provision of services by Einerhand Science & Innovation BV

General

Einerhand Science & Innovation is located in Alkmaar, The Netherlands and is registered at the Chamber of Commerce in Alkmaar, The Netherlands under registration number 64976173.

All orders shall be deemed to be given to and can only be accepted by Einerhand Science & Innovation BV. Applicability of Articles 7:404 and 7:407 paragraph 2 Dutch Civil Code is excluded. All stipulations in these general terms and conditions shall also apply in respect of anyone who, whether or not as an employee, performs work for Einerhand Science & Innovation BV.

Article 1. Definitions

1. In these general terms and conditions shall apply:

– Einerhand Science & Innovation BV: the user of these general terms and conditions for the provision of its services;
– Client: the person, company or organization who ordered the services;
– Services: all products and services provided by Einerhand Science & Innovation BV in the course of an assignment including consulting, training, coaching and other forms of support, all in the broadest sense, as well as any other benefit of the principal activities of any kind also conducted in the framework of a contract, including work not done at the express request of the client;
– Assignment: the offering of a service by Einerhand Science & Innovation BV and the acceptance thereof by the Client.
– Customer: a person who participates in consulting, training, coaching, workshop, seminar or counseling sessions. This could be the client him- or herself or an employee or guest of the client.

Article 2. Applicability of these conditions

1. These general terms and conditions shall apply to all offers, services, assignments and agreements between Einerhand Science & Innovation BV and the Client. Deviations from these general terms and conditions are only valid if explicitely agreed in writing;
2. Not only Einerhand Science & Innovation BV but also all persons or companies involved in the execution of any assignment of the client, may invoke these general terms and conditions;
3. These general terms and conditions also apply to additional and subsequent assignments of the client;
4. Any purchase or other general terms and conditions of the client do not apply, unless explicitly accepted in writing by Einerhand Science & Innovation BV.

Article 3. Offers

1. The offers made by Einerhand Science & Innovation BV are without any obligation; they are valid for 30 days, unless otherwise indicated. Einerhand Science & Innovation BV is only bound by the offers if the acceptance thereof by the other party is confirmed in writing within 30 days. After the client has given the assignment to Einerhand Science & Innovation BV in response to the offer, Einerhand Science & Innovation BV has the opportunity to withdraw the offer.
2. The prices stated in the quotations include VAT, unless otherwise indicated;
3. Offers are based on information available to Einerhand Science & Innovation BV.

Article 4. Execution of the agreement

1. Einerhand Science & Innovation BV shall execute the agreement to the best of her knowledge and ability.
2. If and insofar as the proper execution of the agreement, Einerhand Science & Innovation BV has the right to have certain work done by third parties. This will be done in consultation with the client when deemed necessary;
3. The client shall ensure that all data which Einerhand Science & Innovation BV deems necessary or which the client reasonably understands to be necessary for the execution of the agreement will be provided to Einerhand Science & Innovation BV. If the necessary information is not provided in a timely manner to Einerhand Science & Innovation BV, Einerhand Science & Innovation BV has the right to suspend the execution of the agreement and / or to charge the client for any additional costs arising from the delay according to the usual rates;
4.Einerhand Science & Innovation BV reserves the right to change the start time or date of commencement of the work or to terminate the assignment in cases of force majeure, such as illness, strikes or severe weather conditions.

Article 5. Contract Duration and Termination

1. If the agreement between the parties agreed refers to more than once delivering the same performance, it is considered to have gone on indefinitely unless explicitly agreed otherwise and stated as such in writing.
2. Either Party may at any time terminate the agreement in writing. This has no party consequences. Einerhand Science & Innovation BV can in no way be liable for any damages whatsoever arising from unilateral termination of the contract. If the duration of the contract is one year or longer, parties serve a notice of at least 2 months to comply. For all other agreements, a notice period of 2 weeks shall apply.

Article 6. Amendment of Agreement

1. If it is shown during the execution of the agreement that the work done needs to be changed and supplemented in order to ensure its proper execution, the parties will adapt the agreement accordingly in due time and in mutual consultation;
2. If parties agree that the Agreement needs to be amended or supplemented, this decision may influence the time of completion of the execution. Einerhand Science & Innovation BV will inform the client of this as soon as possible;
3. If the amendment or supplement to the agreement has financial and / or qualitative consequences, Einerhand Science & Innovation BV will inform the client in advance;
4. If a fixed fee has been agreed upon Einerhand Science & Innovation BV shall indicate to what extent the amendment or supplement to the agreement will increase this fee as a result.

Article 7. Confidentiality

1. The parties are obliged not to disclose any confidential information obtained in the course of their agreement from each other or from another source. Information is considered confidential if the other party so dictates or if this follows from the nature of the information.

Article 8. Intellectual property

1. As far as copyrights, trademarks, trade names or other intellectual property rights are held by Einerhand Science & Innovation BV before and during the implementation of the agreement services, Einerhand Science & Innovation BV remains to be the holder or owner of these rights. The client may use the material bearers of these rights only for the purpose for which they are provided to the client, not multiply them, and not modify or delete copyright, trademark, design, trade name or other intellectual property rights;
2. Einerhand Science & Innovation BV reserves the right to use the acquired knowledge gained due to the execution of the work for other purposes, provided that no confidential information is disclosed to third parties.

Article 9. Invoicing and Payment

1. The Client will generally receive an invoice at the end of the assignment and, when the costs in relation to the assignment are made over several months at the end of each calendar month. Payments on invoices must be made within 30 days after the invoice date unless otherwise agreed in writing, in a manner to be specified in the currency invoiced by Einerhand Science & Innovation BV. Payment shall be made without deduction, compensation or suspension for any reason whatsoever;
2. The necessary travel expenses will be separately charged in addition to the hourly rates.
3. If the principal amount is not paid by the due date, the client will automatically be in default without further notice being required. Einerhand Science & Innovation BV is entitled to immediately stop or suspend all the work for the client in the event of payment default by the client, without being held liable for any damages towards the client.
4. In the event of payment default by the client, also a default interest on the outstanding receivables at the statutory interest rate shall apply; The interest on the amount due and payable shall be calculated as from the day the client is in default until the moment he has paid the amount in full.
5. In the event of liquidation, bankruptcy or receivership of the client, the claims of Einerhand Science & Innovation BV and the obligations of the client towards Einerhand Science & Innovation BV are immediately due and payable;
6. The Principal Payments made to settle in the first place of all interest and costs, in the second place of outstanding invoices for the longest time, even if the client states that the payment relates to a later invoice;
7. Einerhand Science & Innovation BV can ask for payments (or equivalent security) requirements before commencement of activities in case a more than the usual effort is required from Einerhand Science & Innovation BV to implement the agreement.

Article 10. Collection costs

1. If Einerhand Science & Innovation BV for its own reasons decides a claim by legal means for non-payment of one or more unpaid bills, the client is held responsible to pay all reasonable judicial and extrajudicial costs in addition to the principal costs and interest. This will always include the cost of collection agencies, and the costs and fees of bailiffs and lawyers, even if they exceed the legal ways to increase costs. The remuneration of judicial and extrajudicial costs is at least 15% of the principal costs.

Article 11. Exclusion of Liability

1. Einerhand Science & Innovation BV accepts no liability, whatsoever, for damages caused by or in connection with its products or services.
2. The liability of Einerhand Science & Innovation BV is limited to the invoice value of the contract, at least that portion of the assignment which the liability relates to;
3. Notwithstanding the provisions of paragraph 2 of this Article, if an assignment has had  a duration longer than six months, the liability is limited to the amount of the invoices of the last six months in relation to the assignment
4. If by or in connection with the provision of services by Einerhand Science & Innovation BV or other damage to persons or property for which Einerhand Science & Innovation BV is liable, such liability shall be limited to the amount of the benefit concluded under the general liability insurance by Einerhand Science & Innovation BV, including the deductible which Einerhand Science & Innovation BV carries in connection with such insurance.
5. Any liability of Einerhand Science & Innovation BV for loss of profits or other indirect or consequential damages of any nature whatsoever, is expressly excluded.
6. Einerhand Science and Innovation BV is not liable for damages of any kind caused by the fact that Einerhand Science & Innovation BV worked on the basis of false and / or incomplete information provided by the client

Article 12. Cancellation / termination of the agreement

1. Einerhand Science & Innovation BV has the right without giving any reason a consultancy, training, guidance or coaching to cancel or refuse participation by a client or refuse the customer identified by the client, in which case the client has the right to a full refund of the amount paid to Einerhand Science & Innovation BV;
2. The client of a consulting, training, guidance or coaching session has the right to cancel this consultancy, training, mentoring or coaching session in writing by a way of a registered letter sent;
3. Cancellation of the order by the client is free of charge up to 4 weeks prior to counseling, training, mentoring or coaching. In the absence of cancellation in advance, the client has to pay the total amount of the relevant advisory, training, guidance or coaching.
4. Cancellation within 4 weeks to 1 week before a consultancy, training, mentoring or coaching, then Einerhand Science & Innovation BV is entitled to charge 50% of the amount due. If canceled within a week full amount has to be paid.
5. If the client, or the customer designated by the client, prematurely terminates the participation after starting a consultancy, training, mentoring or coaching or do not take it otherwise, the client is not entitled to any refund unless, in the opinion of Einerhand Science & Innovation BV, special circumstances otherwise warrant.
6. An individual tutoring or coaching session may be canceled or moved free of charge up to 48 hours before the start of the session. Cancellations or movement within 48 hours, then Einerhand Science & Innovation BV is entitled to the full fee agreed for the session. If the clinet or the designated customer does not appear at the scheduled session, the same tariffs are used.
7. If either party materially fails to meet its obligations within a reasonable time and after this has explicitly being stated by the other party, the other party is entitled to terminate the agreement without the terminating party to pay any fee to the defaulting party. The termination or achievements to be paid in the manner agreed.

Article 13. Personal

1. By entering into an agreement with Einerhand Science & Innovation BV the client grants permission for automatic processing of personal data obtained from the agreement. These personal details will Einerhand Science & Innovation BV solely use for its own activities.

Article 14. Complaints and Disputes

1. If you are not satisfied with the services provided by Einerhand Science & Innovation BV, you can file a complaint. This may be by letter or email. Complaints will be processed as soon as possible but no later than within four weeks.
2. Each agreement between Einerhand Science & Innovation BV and the client will fall under Dutch law;
3. Disputes arising from agreements to which these conditions apply and which do not fall under the jurisdiction of the district court shall be submitted to the competent court of the district in which Einerhand Science & Innovation BV is located.