General terms and conditions MEYADE.
Mr. M. Curfs, trading under the name Meyade, is registered with the Chamber of Commerce under number 74930745 and is located at Van der Aastraat 32, 2597SL in The Hague.
Article 1 Definitions
- In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.
- Offer: any offer or quotation to the Client for the provision of Services by Meyade.
- Company: The natural or legal person who acts in the exercise of a profession or business.
- Consumer: The natural person who does not act in the course of a profession or business.
- Services: Giving workshops in the field of Bitcoins and other cryptocurrencies.
- Meyade: the service provider that offers Services to the Client.
- Client: The Company or Consumer appointed by Meyade has granted projects to Meyade for Services performed by Meyade, or to which Meyade has proposed an Agreement.
- Agreement: any Agreement and other obligations between the Client and Meyade, as well as Meyade’s proposals for Services provided to the Client by Meyade and which are accepted by the Client and are accepted and executed by Meyade, whereby these general terms and conditions form an unbreakable whole.
- Participant: the natural person who participates in the Services of Meyade.
Article 2 Applicability
- These general terms and conditions apply to every offer made by Meyade, every Agreement between Meyade and the Client and to every service offered by Meyade.
- Before an Agreement is concluded, the Client will have access to these general terms and conditions. If this is not reasonably possible, Meyade will indicate to the Client how the Client can view the general terms and conditions.
- Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from insofar as this has been explicitly agreed in writing with Meyade.
- These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
- The Client’s general terms and conditions are excluded.
- If one or more provisions of these general terms and conditions are partially or completely void or are nullified, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision (s) will be replaced by a provision with the same purport as the original determination.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
- The applicability of articles 7: 404 BW and 7: 407 paragraph 2 BW is explicitly excluded.
- If in these terms and conditions reference is made to she / her, this should also be understood as a reference to he / him / his, if and insofar as applicable.
- If Meyade has not always demanded compliance with these general terms and conditions, it will retain its right to demand full or partial compliance with these general terms and conditions.
Article 3 The Offer
- All offers made by Meyade are without obligation unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
- Meyade is only bound by an Offer if it is confirmed in writing by the Client within 30 days. Nevertheless, Meyade has the right to refuse an Agreement with a (potential) Client for a well-founded reason for Meyade.
- The offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be grounds for any compensation or termination of the Agreement.
- Offers or quotes do not automatically apply to follow-up orders.
- Delivery times in Meyade’s offer are in principle indicative and, if exceeded, do not entitle the Client to termination or compensation, unless expressly agreed otherwise.
Article 4 Realization of the Agreement
- The Agreement is concluded when the Client has explicitly and unambiguously accepted an Offer or Agreement from Meyade and has paid the invoice.
- Meyade has the right to revoke the (signed) Agreement within 5 working days after receipt of the acceptance.
- Meyade is not bound to an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or clerical error.
- If the Client cancels an already confirmed order, the costs actually incurred (including the time spent) will be charged to the Client.
- Any Agreement entered into with Meyade or any project assigned to Meyade by the Client rests with the company and not with an individual person associated with Meyade.
- The right of withdrawal of the Client being a Company is excluded, unless agreed otherwise. The Client, being a Consumer, has the right of withdrawal during the statutory period of 14 days, unless Meyade has already started the provision of services with the Client’s permission. Client waives its right of withdrawal by means of this permission.
- If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfilment of all obligations arising from the Agreement.
Article 5 Duration of the Agreement
- The Agreement is entered into for a definite period unless the content, nature or purport of the assignment means that it has been entered into for an indefinite period.
- Both the Client and Meyade can dissolve the Agreement on the basis of an attributable shortcoming in the fulfilment of the Agreement if the other party has been given notice of default in writing and has been given a reasonable period to fulfil its obligations and it still fails to fulfil its obligations correctly to come. This also includes the payment and cooperation obligations of the Client.
- The dissolution of the Agreement does not affect the Client’s payment obligations insofar as Meyade has already performed work or performed services at the time of the dissolution. The Client must pay the agreed fee.
- The Fixed-term Agreement ends by operation of law upon completion of the assignment. Premature termination of the Fixed-term Agreement is not possible.
- In the event of premature termination of the Agreement, the Client will owe the costs actually incurred by Meyade at the agreed (hourly) rate. The time registration of Meyade is leading in this.
- Both the Client and Meyade can terminate the Agreement in full or in part in writing with immediate effect without further notice of default if one of the parties is in the suspension of payment, bankruptcy has been applied for or the company concerned ends by liquidation. If a situation as mentioned above occurs, Meyade is never obliged to refund any money already received and / or compensation.
Article 6 Performance of the services
- Meyade will endeavor to perform the agreed service with the greatest possible care as may be required from a good service provider. Meyade guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless an explicit and written result has been agreed upon which is described in detail.
- The Agreement under which Meyade performs the Services governs the scope and scope of the services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
- The information and data provided by the Client are the basis on which the Services and prices offered by Meyade are based. Meyade has the right to adjust its services and prices if the information provided proves to be incorrect and / or incomplete.
- When performing the Services, Meyade is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions provide further work for Meyade, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new offer.
- Meyade is entitled to engage third parties at its own discretion for the execution of the Services.
- The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may have consequences for any established schedule. Meyade is never liable for adjusting the schedule. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all the information requested, or has not provided it in time or in the desired format, does not cooperate sufficiently, any advance has not been received in time by Meyade or due to other circumstances. which is at the expense and risk of the Client, there is a delay, Meyade is entitled to a reasonable extension of the delivery period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client.
Article 7 Obligations of the Client
- The client is obliged to provide all information requested by Meyade as well as relevant attachments and related information and data in a timely manner and / or before the start of the work and in the desired form for the correct and efficient performance of the Agreement. In the absence of this, it may happen that Meyade is unable to realize a complete implementation and / or delivery of the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Client.
- Meyade is not obliged to check the correctness and / or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is Meyade responsible for the correctness and completeness of the information compiled by Meyade for third parties and / or provided to third parties in the context of the Agreement.
- If necessary for the performance of the Agreement, Meyade may request additional information. Failing this, Meyade is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify Meyade of this immediately, or no later than 3 working days after the change has become known.
Article 8 Advice
- If instructed to do so, Meyade can draw up advice, a plan of action, design, reporting, planning and / or reporting for the services. The content of this is not binding and only advisory in nature, but Meyade will observe the duties of care resting on it. The client decides on its own responsibility whether it follows the advice.
- The advice provided by Meyade, in whatever form, can never be regarded as legal, tax and / or accounting technical or financial (within the meaning of the WWft) advice. If the Client views this advice as financial, the Client must first discuss this with a specialist trained for this purpose (tax specialist).
- The nature of the service implies that the result at all times depends on external factors that can influence Meyade’s reports and advice, such as the quality, correctness and timely delivery of required information and data from the Client and its employees. The client guarantees the quality and the timely and correct delivery of the required data and information.
- The Client will notify Meyade in writing prior to commencement of the work of all circumstances that are or may be important, including any points and priorities for which the Client wishes to draw attention.
Article 9 Workshops
- If instructed to do so, Meyade can provide workshops for the Client and / or the actual Participant.
- The workshop takes place at the location of the Client or at a location to be determined by Meyade or online. If the workshop takes place at the location of the Client, the Client is obliged to make the facilities required in the context of the workshop available on time. If a workshop cannot take place or is delayed because the Client has not complied with the aforementioned obligation, all consequences of this will be for the account and risk of the Client. Meyade is also entitled to give instructions with regard to the suitability of the location and the facilities present there before the workshop starts.
- The content of the workshop offered by Meyade and the advice given during the workshop are not binding and only advisory in nature, but Meyade will observe the duties of care resting on it. The workshop is, as far as possible, attuned to the wishes of the Client as well as the needs of the participant (s) concerned.
- The Client will notify Meyade in writing prior to the start of the coaching session of all circumstances that are or may be important, including any points and priorities for which the Client wishes to draw attention.
- Meyade is entitled to cancel the workshop or move it to another date if there are too few registrations. It is solely at Meyade’s discretion to move the workshop. If the Client is not available on the new set date, the Client has a pro rata right to a refund of monies already paid or can participate in a workshop on a different date. Parties will consult about this. If there are too many registrations, Meyade is entitled to have the workshop take place in several sessions. If applicable, the aforementioned situation will be discussed with the Client in time.
- The client is entitled to cancel the workshop in consultation or to move it to another date up to 48 hours prior to the workshop.
Article 10 Additional activities and changes
- If during the performance of the Agreement it appears that the Agreement needs to be adjusted or, at the request of the Client, further activities are required to achieve the desired result of the Client, the Client is obliged to pay for these additional activities according to the agreed rate. Meyade is not obliged to comply with this request and may require the Client to conclude a separate Agreement for this and / or refer it to an authorized third party.
- If the additional activities are the result of the negligence of Meyade, if Meyade has made an incorrect estimate or could reasonably have foreseen the activities concerned, these costs will not be passed on to the Client.
Article 11 Prices and payment
- All prices are in principle inclusive of sales tax (VAT), unless otherwise agreed.
- Meyade performs its services in accordance with the agreed rate unless expressly agreed otherwise.
- Travel time for the benefit of the Client and travel-related costs will be charged to the Client unless otherwise agreed.
- The Client is obliged to fully reimburse the costs of third parties deployed by Meyade after approval of the Client, unless expressly agreed otherwise.
- The client must pay the amount due on the basis of an advance or full payment in advance, unless otherwise agreed, before commencing the execution of the service.
- The client cannot derive any rights or expectations from a previously issued budget unless the parties have explicitly agreed otherwise.
- Meyade is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
- The Client must pay these costs in one go, without settlement or suspension, within the specified payment term as stated on the invoice to the account number and details of Meyade made known to it.
- In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or a request for payment towards the Client, the payment and all other obligations of the Client under the Agreement become immediately due and payable.
Article 12 Collection policy
- If the Client does not meet its payment obligation, and has not fulfilled its obligation within the set payment term, the Client, being a Company, will be in default by operation of law. The Client, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still comply with the payment obligation, including a statement of the extrajudicial costs if the Consumer does not fulfil its obligations within that period, before is in default.
- From the date that the Client is in default, Meyade will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the decision extrajudicial collection costs of 1 July 2012.
- If Meyade has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The integral judicial and execution costs incurred are also at the expense of the Client.
Article 13 Privacy, data processing and security
- Meyade handles the (personal) data of the Client with care and will only use them in accordance with the applicable standards. If requested, Meyade will inform the person concerned about this.
- The client is responsible for the processing of data that is processed using a Meyade service. The client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Meyade against any (legal) claim related to this information or the performance of the Agreement.
- If Meyade is required to provide security for information on the basis of the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.
Article 14 Suspension and termination
- Meyade has the right to retain the data, data files and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force if a valid reason for Meyade arises, which justifies suspension in that case.
- Meyade is entitled to suspend the fulfilment of its obligations as soon as the Client is in default with the fulfilment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed to the Client in writing.
- In that case, Meyade is not liable for damage, for whatever reason, as a result of the suspension of its activities.
- The suspension (and / or dissolution) does not affect the Client’s payment obligations for work already performed. In addition, the Client is obliged to compensate Meyade for any financial loss that Meyade suffers as a result of the Client’s default.
Article 15 Force majeure
- Meyade is not liable if it cannot fulfil its obligations under the Agreement as a result of a force majeure situation.
Force majeure on the part of Meyade is in any case understood but is not limited to: (i) force majeure of suppliers of Meyade, (ii) failure to properly fulfil obligations of suppliers prescribed to Meyade by the Client or its third parties. or recommended, (iii) deficiency of software or any third parties involved in the execution of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of (employees of)
- Meyade or advisers engaged by it and (vii) other situations that, in the opinion of Meyade, fall outside its sphere of influence that temporarily or permanently prevents the fulfilment of its obligations.
- In case of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the termination of the Agreement will, in that case, be paid by the Client. Meyade is not obliged to compensate the Client for any losses caused by such a withdrawal.