Applicability
These general terms and conditions apply to all quotations and agreements made and concluded by Multiplyer. These general terms and conditions apply to all subsequent quotations and agreements made with and concluded with the same client, regardless of whether they are related to quotations already made or agreements already concluded. If and insofar as general terms and conditions used by the client conflict with these general terms and conditions, the client's terms and conditions shall not apply.
Quotations
All quotations from Multiplyer are without obligation, unless expressly stated otherwise in the quotation. An agreement is only formed once Multiplyer has confirmed in writing that it accepts the offer, assignment, or registration of the other party. The cooling-off period for clients is 14 days.
Price and price adjustment
The client owes a fee for the work carried out by Multiplyer, for the time that Multiplyer spends working on behalf of the client. The amount of the fee is stated in the quotation prepared by Multiplyer. The fee is expressed as an amount per hour, per man-day (or part thereof), or an amount per assignment. A man-day is understood to mean two half-days. A half-day is understood to mean a morning, an afternoon, or an evening, or part thereof, including travel time.
Exceeding the number of man-days or other costs budgeted in the quotation by no more than 10% of those budgeted man-days or costs will be invoiced to the client without prior consultation. Exceeding the budgeted man-days or costs by more than 10% will only lead to invoicing if agreement has been reached with the client through consultation. The client will be notified of any such excess in writing as soon as possible.
If the number of man-days or other costs budgeted in the quotation is undershot by more than 10% of those budgeted man-days or costs, the originally agreed fee will be reduced proportionately. This is at the discretion and determination of Multiplyer.
Performance of the agreement
In carrying out its work, Multiplyer is independent with regard to the manner in which the work is performed. It carries out its work within the conditions set by the client when granting the assignment.
Multiplyer keeps the client informed of progress, both with regard to content and process. Multiplyer takes into account the instructions and wishes of the client during the performance of the work, insofar as these instructions and wishes, in Multiplyer's opinion, do not adversely affect the desired result of the assignment.
Multiplyer will handle information obtained in the course of carrying out its work with the care that is customary in society. It will maintain confidentiality regarding information whose confidential nature is apparent.
Multiplyer has the right to have third parties assist in carrying out an assignment or to have part of the assignment carried out by third parties.
Multiplyer will make every effort to achieve the result intended by the assignment; however, achieving that result cannot be guaranteed.
Multiplyer is never liable for any direct and indirect costs and damages that are directly or indirectly connected with the performance of the agreement between Multiplyer and the client.
An assignment is also understood to include the provision of courses, training, education, interim management, and advisory assignments. A client is also understood to mean the natural person or legal entity that makes use of Multiplyer's activities on its own behalf or on behalf of others. The client shall ensure that Multiplyer has sufficient facilities and sufficient support from the client's employees to carry out the assignment.
With regard to education, courses, and training, use will be made of the facilities designated or approved by Multiplyer for that purpose. The costs of these facilities are for the client's account unless otherwise stated in the quotation. If Multiplyer is unable to carry out the agreed assignment because the client fails to provide the necessary cooperation or because of any other obstacle on the client's part, the client is in default and Multiplyer is entitled to compensation for the damage it has suffered.
The materials, methods, instruments, etc. developed by Multiplyer for the assignment remain the property of Multiplyer and may only be used by the client or others with Multiplyer's written permission. Multiplyer retains the copyright and reserves all rights with regard to the intellectual property of these items.
Termination
Termination of the assignment is possible at any time if both the client and Multiplyer agree to this in writing.
Furthermore, unilateral termination by either the client or Multiplyer is only possible if facts or circumstances arise that cause irreparable harm to the originally reached agreement, or if the performance of the assignment is hindered by changed circumstances that are not attributable to Multiplyer.
In the event of unilateral termination, the client is at all times obliged to compensate Multiplyer for the time spent up to that point, plus the capacity reserved by Multiplyer for the client over a period of a maximum of three calendar months.
Force majeure
If and insofar as Multiplyer is unable to fulfill its obligations under the agreement in full or in a timely manner due to force majeure, it is entitled to dissolve the relevant agreement without judicial intervention and without being liable for damages as a result, or to suspend the obligations under the relevant agreement for a reasonable period to be determined by it.
Force majeure includes, among other things: any unforeseeable disruption (including illness of one or more employees) in the normal course of business at Multiplyer or at a third party from whom Multiplyer obtains goods or services. Multiplyer will notify the client of any case of force majeure as soon as possible, providing available supporting documents.
Payment
Multiplyer will invoice for time spent and costs incurred in accordance with what has been agreed in the relevant quotation/assignment confirmation. All payments must be made within fourteen days of the invoice date, without any right to discount or set-off, even in the event of bankruptcy, at Multiplyer's office or by transfer to a bank or giro account designated by Multiplyer.
If the client has not paid within the aforementioned period, or within the separately agreed period, it is in default by operation of law, and Multiplyer has the right, without further demand or notice of default, to charge the other party interest of two percent per month from the due date, up to the date of full payment, without prejudice to Multiplyer's other rights.
All costs arising from judicial or extrajudicial collection of a claim against the client are for the client's account. If and insofar as the client is in default of payment, as well as in the event of bankruptcy, application for suspension of payment, and cessation or liquidation of its business, everything that Multiplyer has to claim from the client becomes immediately due and payable.
Multiplyer reserves the right to demand full or partial advance payment of the agreed price.
In special cases, Multiplyer applies a refund arrangement of 2 weeks.
Complaints procedure
If there is a complaint, the client must submit it in writing to Multiplyer no later than 4 weeks after the training. This can be emailed to: info@rob-kamp.nl. The client will receive written confirmation of receipt of the complaint within 1 week. The client will be offered a solution within 4 weeks of receipt of the complaint. If Multiplyer and the client together need more time to reach a solution, this will be communicated in writing within the 4 weeks. If a joint solution is not reached, Dutch law applies. All disputes arising from the agreements between Multiplyer and the client that do not fall within the jurisdiction of the subdistrict court must first be brought before and adjudicated by a district court in the Netherlands to be determined. Where these general terms and conditions do not provide for something, Multiplyer conforms to the code of conduct of the O.O.A./R.O.A. (contact details Order of Organizational Consultants, Nieuwstad 4A, 7241DN Lochem, tel +31(0) 651481247, www.ooa.nl)
A resolved complaint is kept on file for 1 year after the date in the designated file.
All complaints are treated confidentially.
The judgment of the appeals body is binding; any consequences will be dealt with promptly by Multiplyer.
Multiplyer is registered with the Chamber of Commerce under no.