General conditions ImpactBuddy
ImpactBuddy is registered with the Netherlands Chamber of Commerce KVK under number 76364380.

General Terms and Conditions ImpactBuddy

 

1. General

ImpactBuddy is registered with the Netherlands Chamber of Commerce KVK under number 76364380. 

2. Applicability 

These general terms and conditions apply to all agreements with and all work performed by Marielle van Gorp, also known as ImpactBuddy, (whether in person, as sole proprietorship under Dutch law or through a legal entity as from time to time identified by Marielle van Gorp, in which case the  relationship shall be exclusively with such legal entity) (either relevant applicable type of enterprise hereafter  "ImpactBuddy") for and on behalf of you – as a Client, as well as on the legal relationship arising from or in connection  with such work. By entering into an agreement with and/or purchasing products and services from ImpactBuddy, you accept and agree to these terms and conditions. Deviations from these general terms and conditions are only valid if agreed in writing.

Your terms and conditions (if any) are explicitly rejected and not (tacitly) accepted. 

3. Relationship between the parties and scope of services 

3.1. Any engagement between ImpactBuddy and the Client, is considered a service provision arrangement under article  7:400 et seq. of the Dutch Civil Code. 

3.2. The work is carried out exclusively for the benefit of the Client. Third parties cannot derive any rights under the agreement between Client and ImpactBuddy or from the work performed by ImpactBuddy. 

3.3. ImpactBuddy will carry out each assignment to the best of her ability. This is a best effort obligation.

3.4 If necessary for the execution of an assignment, ImpactBuddy can have certain activities performed by third parties. The choice of any third parties to be engaged (impact measurement and sustainability experts, impact  software companies etc.) will be determined as far as possible and reasonably in consultation with the Client. Liability of ImpactBuddy for errors and/or shortcomings of these engaged persons or other third parties is excluded. ImpactBuddy may accept terms and conditions (including any limitations of liability) applied by said third parties on behalf of the Client. Additional costs may apply and will be discussed with the Client prior. 

4. Fees | Invoicing | Payment 

4.1. The fees agreed between the parties are in EURO, exclusive of costs, (travel) expenses, VAT and other applicable  charges and levies. Disbursements are charged at cost price (plus taxes).  

4.2. Unless agreed otherwise in writing between the parties, the fees are calculated on the basis of the time spent and the  hourly/daily rate agreed in respect of the work. 

4.3. Fees and disbursements are invoiced as soon as possible after the end of the relevant month. 

4.4. Invoices must be paid in full within 14 days after the date of invoice, without deduction or set-off. Suspension cannot  be claimed by the Client. 

4.5. If an invoice is not paid within the payment period, ImpactBuddy may charge the applicable statutory interest and/or  suspend his activities, after having notified the Client of his intention to do so. ImpactBuddy cannot be held liable for any  damage arising from any suspension of activities in accordance with this article. 

5. Liability

5.1. The liability of ImpactBuddy in respect of the work performed (or any (gross) negligence, or omission to (timely or duly)  perform or deliver) shall always be limited to direct damages actually suffered or incurred and will in any case not  exceed an amount equal to the average monthly fees charged to, and actually paid by the Client in the 12-month period  preceding the event that caused the (alleged) liability, with a maximum (cap) of EUR 1,000.--. Any indirect, special,  incidental, punitive, exemplary or consequential damages or losses (including loss of claim, contract, profit or revenue  or damage to goodwill or reputation) are hereby explicitly excluded and waived. 

5.2. A claim for compensation of damages by the Client will in any event lapse and expire if ImpactBuddy has not been  notified of such (alleged) claim within 1 month after the Client became or could reasonably be aware of the event, fact or omission that gave rise to claim or the (alleged) direct damage. The right to claim any damages shall in any event  be barred and expire 6 months after the relevant service that gave rise to the claim has been rendered or 3 months  after termination of this Agreement (whichever is earlier). 

6. Confidentiality 

ImpactBuddy agrees to use any confidential or proprietary information of the Client that he obtains or accesses during  the work performed for the Client only for the benefit of the Client and shall keep this information confidential, except to  the extent that (i) such information is or becomes part of the public domain and/or is, or becomes generally available,  (ii) ImpactBuddy can demonstrate that such confidential information was known by her prior to disclosure, and (iii)  ImpactBuddy can demonstrate that such information was obtained from a third party having an unrestricted right to  disclose such information to others. ImpactBuddy shall not be bound to non-disclosure under this article 5 in the event  that disclosure is required or mandated by law, governmental regulation or court order. 

7. Intellectual ownership 

All intellectual property rights to all works made available or delivered to the Client under the assignment, such as advice, agreements and other documents, are vested exclusively in ImpactBuddy. The Client may use these documents for its normal business operations.

8. Governing law | Jurisdiction 

These general conditions are governed by Dutch law. Any dispute arising out of or in connection to these general  conditions and/or the relationship between the parties, shall be exclusively settled by the competent court in Amsterdam,  the Netherlands.

 

Last modified: 15 December 2022