you will find the general terms and conditions of the trade name Iwan Koenderman that apply to all my services. The trade name Iwan Koenderman will further be mentioned as Iwan Koenderman
a. client: the natural person of the client with whom the agreement for the delivery of products and services of Iwan Koenderman becomes;
b. Products and services of !Iwan Koenderman on the web the products and services to be exploited by Iwan Koenderman; this includes more online marketing activities, activities, communication and promotion activities, organizing events and campaigns, production of websites, delivery of standard products coaching and all other additional and products and services;
c. Agreement: any mutual acceptance, in writing or by electronic mail, of the delivery of one or more products or services from Iwan Koenderman.
a. Insofar as the parties have not deviated from this in writing, the articles below apply to every offer, agreement of agreement with Iwan Koenderman;
b. General terms and conditions of the client or third parties are not binding in the case of delivery by Iwan Koenderman
a. All offers and quotations made by Iwan Koenderman on the web are without obligation, unless stated otherwise in writing by Iwan Koenderman;
b. An offer of quotation made by Iwan Koenderman has a duration of 4 weeks, unless stated otherwise.
a. An agreement is concluded on the day that the conditions are met: the quotation or contract form, completed and signed by the client, has been received and accepted by Iwan Koenderman;
b. Additions and changes to the agreement must be made only and exclusively in writing.
a. Iwan Koenderman can terminate the agreement with immediate effect if the client does not, not properly or not fully comply with one or more of its obligations towards Iwan Koenderman or acts contrary thereto;
b. Iwan Koenderman has the right to terminate the agreement with immediate effect without notice of default or judicial intervention if the client has been declared bankrupt, has applied for or obtained a moratorium or has otherwise lost free management or its assets. The latter party is then not entitled to any compensation;
c. Without prejudice to the provisions of Article 14, Iwan Koenderman has the right to terminate the agreement with immediate effect and without judicial intervention if:
Client disseminates information that is in conflict with (inter)national laws and regulations;
Client disseminates information that is discriminatory with regard to appearance, race, religion, gender, culture, origin or otherwise offensive;
Client does not comply with the agreed payments stated in the written agreement.
Client disseminates information that conflicts with generally accepted standards and values;
a. Products are delivered in the agreed delivery time;
b. Iwan Koenderman is not liable for late delivery by third parties, and these products are subject to the general terms and conditions of the executing company;
c. If the agreed delivery time threatens to be exceeded, this will be communicated as soon as possible. In the event of force majeure on the part of Iwan Koenderman, the term will be extended by the term of that force majeure. Excessive exceeding of the delivery time can be regarded as a ground for dissolution of the agreement.
##7. FORCE MAJEURE a. Force majeure with regard to the agreement is understood to mean everything that is understood in this regard in law and jurisprudence;
b. Iwan Koenderman is not held to its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will then be dissolved.
##8. PRICES a. All prices mentioned, as well as agreed prices are in euros and exclusive of VAT, unless stated otherwise;
b. Iwan Koenderman:Reserves the right to adjust monthly subscription prices once a year with a maximum increase of 3.5%.
a. The payment relates to the product delivered by Iwan Koenderman, and commences on the day of the actual availability of products and services of Iwan Koenderman. If agreed, an advance can be requested by Iwan Koenderman. Iwan Koenderman uses a fixed payment term of 14 days unless otherwise stated or agreed;
b. The fee payable in respect of the agreement is exclusive of VAT and any other levies arising from statutory regulations. The Client also owes the fees arising from these terms and conditions;
c. The costs owed will be charged partly before delivery and partly after delivery (depending on agreement), and must be paid within 14 days. In the event of non-payment, !Bewust social on web reserves the right to (temporarily) stop the activities for the client;
d. If the client has not paid on time, the client will be informed of this and a further payment term will be determined. If payment is not made within that term, the client is in default without further notice of default;
e. If the client is of the opinion that the costs charged are incorrect, the client can make the objections known to Iwan Koenderman within two weeks after the date on the invoice. After receipt of the objection, Iwan Koenderman will conduct an investigation into the correctness of the invoice amount on the web. The client will be further informed of this within two weeks;
f. The client is in default from the time when the due fee cannot be collected due to the fault of the client or the payment has not been made to Iwan Koenderman;
g. If due amounts cannot be collected or not received due to the fault of the client, Iwan Koenderman will charge a default interest that is equal to the statutory interest, which will be owed from the moment the client is in default until the moment of collection.
##10. LIABILITY a. Iwan Koenderman is dependent in its activities on the cooperation, services and deliveries of third parties, over which Iwan Koenderman can exert little or no influence. Iwan Koenderman can therefore in no way be held liable for any damage whatsoever arising from the relationship with Iwan Koenderman or its termination, regardless of whether the damage arises or becomes visible during the relationship with Iwan Koenderman;
b. In the event of an attributable shortcoming in the fulfillment of the agreement, Iwan Koenderman is only liable for replacement compensation, i.e. compensation for the value of the failed performance. Any liability of Iwan Koenderman for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost turnover or profit;
c. The client indemnifies Iwan Koenderman against all claims for compensation that third parties may make in respect of damage that has arisen in any way through the unlawful or careless use of the products and services of Iwan Koenderman on web supplied to the client;
d. Given the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication, it must be taken into account that the information obtained or sent via the Internet is freely accessible. Iwan Koenderman cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information. Iwan Koenderman is not liable for security or misuse by third parties of the data that is stored;
e. Iwan Koendermanis not responsible or liable for the content of promotional material supplied by the client;
f. The client is liable for all damage that Iwan Koenderman may suffer on the web as a result of a shortcoming attributable to the client in the fulfillment of the obligations arising from the agreement and these terms and conditions;
g. Changes to the client's data must be communicated by the client immediately in writing toIwan Koenderman: If the client does not do this, the client is liable for any damage that Iwan Koenderman suffers as a result.
a. The parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without the prior written consent of the other party.
a. Iwan Koenderman has the right to (temporarily) put products and services out of use and/or to limit their use if the client does not fulfill an obligation towards !Conscious social op web with regard to the agreement or in conflict deals with these terms and conditions. Iwan Koenderman will inform the client of this in advance, unless this cannot reasonably be expected of Iwan Koenderman. The obligation to pay the amounts owed also continues to exist during the decommissioning;
b. The commissioning will be resumed if the client has fulfilled its obligations within a period set by !Bewust social on the web and has paid a determined amount for re-commissioning.
a. Client must complain in writing with regard to observable defects no later than 8 days after delivery, failing which any claim against !Bewust social on web lapses;
b. Complaints regarding invisible defects must be made in writing by means of a registered letter within 8 days after the defect has been discovered, could have been or should have been discovered. If this does not happen, any claim and respect of Iwan Koenderman will lapse;
c. If a complaint is justified, the delivered products or services will be adjusted, replaced or reimbursed after consultation;
d. Advertising does not suspend the obligations of the client.
a. Iwan Koenderman reserves the right to change or supplement these terms and conditions;
b. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notification of the change;
c. If the client does not want to accept a change in these terms and conditions, he can dissolve the agreement until the date on which the new terms and conditions come into effect on this date or on the receipt date of the cancellation if this is after the effective date of the change.
a. If by court decision one or more articles of these terms and conditions are declared invalid, other provisions of these general terms and conditions will remain in full force and Iwan Koenderman and the client will consult in order to obtain new provisions to replace the invalid, then agree on voided provisions, whereby the purpose and purport of the void or voided provisions are taken into account as much as possible;
b. The agreement is exclusively governed by Dutch law.
Utrecht, 2018 version 1.0, Iwan Koenderman, Oranjehof 62, 3511 RZ Utrecht Commercial Register Number 73674400