– Simone de Vaan Translations & Language lessons Modern Greek –
having its registered office at 7007 LR Doetinchem at Harz 21, hereinafter referred to as: Simone de Vaan.
Article 1. Definitions
1. In these general terms and conditions the following terms have the following meanings:
Simone de Vaan: Simone de Vaan Translations & Language lessons Modern Greek;
client: Simone de Vaan’s counterparty.
Article 2. Applicability of these conditions
1. These conditions apply to every offer and every agreement between Simone de Vaan and a client to which Simone de Vaan has declared these conditions applicable, insofar as the parties have not deviated from these conditions explicitly and in writing.
2. These terms and conditions also apply to all agreements with Simone de Vaan, for the execution of which third parties must be involved.
Article 3. Offers
1. All our offers are without obligation, unless a term for acceptance is stated in the offer.
2. The quotations made by Simone de Vaan are without obligation; they are valid for 30 days, unless stated otherwise. Simone de Vaan is only bound by the offers if their acceptance is confirmed in writing by the other party within 30 days.
3. The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise.
Article 4. Implementation of the agreement
1. Simone de Vaan will execute the agreement to the best of her knowledge and ability and in accordance with the requirements of good workmanship and on the basis of the state of the art at that time.
2. If and insofar as required for the proper execution of the agreement, Simone de Vaan has the right to have certain activities performed by third parties.
3. The client will ensure that all data, of which Simone de Vaan indicates that they are necessary or of which the client should reasonably understand that they are necessary for the execution of the agreement, are provided to Simone de Vaan in a timely manner. If the information required for the execution of the agreement is not provided to Simone de Vaan in time, Simone de Vaan has the right to suspend the execution of the agreement and / or to charge the additional costs resulting from the delay to the client according to the usual rates.
4. Simone de Vaan is not liable for damage, of whatever nature, because Simone de Vaan has assumed incorrect and / or incomplete information provided by the client, unless this inaccuracy or incompleteness should have been known to her.
5. If it has been agreed that the agreement will be performed in phases, Simone de Vaan can suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.
Article 5. Duration of the contract; implementation period
1. The agreement is entered into for an indefinite period of time, unless the parties explicitly agree otherwise in writing.
2. If a term has been agreed within the term of the agreement for the completion of certain activities, this is never a strict deadline. If the implementation period is exceeded, the client must therefore give Simone de Vaan written notice of default.
Article 6. Amendments to the agreement
1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in time and in good mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be affected. Simone de Vaan will inform the client of this as soon as possible.
3. If the change or addition to the agreement has financial and / or qualitative consequences, Simone de Vaan will inform the client in advance.
4. If a fixed fee has been agreed, Simone de Vaan will indicate to what extent the change or supplement to the agreement will result in this fee being exceeded.
5. Contrary to paragraph 3, Simone de Vaan will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to her.
Article 7. Confidentiality
Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
Article 8. Intellectual property
1. Without prejudice to the provisions of article 7 of these terms and conditions, Simone de Vaan reserves the rights and powers that she is entitled to under the Copyright Act.
2. All documents provided by Simone de Vaan, such as translations, reports, advice, designs, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be reproduced, made public or brought to the attention of third parties by him without prior permission from Simone de Vaan.
3. Simone de Vaan also reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 9. Cancellation
Both parties can terminate the agreement in writing at any time. In that case, the parties must observe a notice period of at least 2 full calendar months.
Article 10. Dissolution of the agreement
1. Simone de Vaan’s claims against the client are immediately due and payable in the following cases:
– circumstances that become known to Simone de Vaan after the conclusion of the agreement that give Simone de Vaan good reason to fear that the client will not fulfill its obligations;
– if Simone de Vaan has asked the client to provide security for compliance when concluding the agreement and this security is not provided or is insufficient.
2. In the aforementioned cases, Simone de Vaan is authorized to suspend the further execution of the agreement or to proceed to dissolution of the agreement, all this without prejudice to Simone de Vaan’s right to claim compensation.
Article 11. Defects; complaint periods
1. Complaints about the work performed must be reported in writing by the client to Simone de Vaan within 8 days after discovery, but no later than 14 days after completion of the work in question.
2. If a complaint is justified, Simone de Vaan will still perform the work as agreed, unless this has become demonstrably pointless for the client. The latter must be made known in writing by the client.
3. If it is no longer possible or useful to provide the agreed services, Simone de Vaan will only be liable within the limits of Article 15.
Article 12. Fee
1. Paragraphs 2, 5 and 6 of this article apply to offers and agreements in which a fixed fee is offered or agreed. If no fixed fee is agreed, paragraphs 3 to 6 of this article apply.
2. Parties can agree on a fixed fee when the agreement is concluded. The fixed fee is exclusive of VAT.
3. If no fixed fee is agreed, the fee will be determined on the basis of hours actually spent or words translated. The fee is calculated according to the usual hourly rates or rates per word of Simone de Vaan, valid for the period in which the work is performed, unless a different hourly rate or rate per word has been agreed.
4. Any cost estimates are exclusive of VAT.
5. For assignments with a term of more than 2 months, the costs due will be charged periodically, unless the parties have agreed otherwise.
6. If Simone de Vaan agrees a fixed fee, hourly rate or rate per word with the client, Simone de Vaan is nevertheless entitled to increase this fee or rate. Simone de Vaan may pass on price increases if Simone de Vaan can demonstrate that significant price changes have occurred between the time of the offer and delivery with regard to, for example, wages.
Article 13. Payment
1. Payment must be made within 30 days of the invoice date, in a manner to be indicated by Simone de Vaan in the currency in which the invoice was made, unless agreed otherwise by the parties.
2. After the expiry of 30 days after the invoice date, the client is in default; From the moment of default, the client owes interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies.
3. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of Simone de Vaan and the obligations of the client towards Simone de Vaan will be immediately due and payable.
4. Payments made by the client always serve to settle in the first place all interest and costs owed, in the second place of due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
Article 14. Collection costs
1. If the client is in default or fails to fulfill one or more of its obligations, all reasonable costs incurred in obtaining settlement out of court will be for the account of the client.
2. If Simone de Vaan demonstrates that it has incurred higher costs, which were reasonably necessary, these will also qualify for compensation.
Article 15. Liability
If Simone de Vaan is liable, that liability is limited as follows:
1. The liability of Simone de Vaan, insofar as it is covered by her liability insurance, is limited to the amount of the payment made by the insurer.
2. If in any case the insurer does not pay out or if damage is not covered by the insurance, Simone de Vaan’s liability is limited to twice the invoice value of the assignment, or that part of the assignment to which the liability relates.
3. Contrary to the provisions of paragraph 2 of this article above, in the case of an assignment with a duration longer than six months, the liability is further limited to the fee part due over the last three months.
4. The limitations of liability included in these conditions do not apply if the damage is due to intent or gross negligence on the part of Simone de Vaan.
5. Simone de Vaan is never liable for consequential damage.
Article 16. Force majeure
1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or not foreseen, on which Simone de Vaan cannot exert influence, but as a result of which Simone de Vaan is unable to fulfill her obligations.
2. Simone de Vaan also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Simone de Vaan should have fulfilled her obligation.
3. During force majeure, Simone de Vaan’s obligations will be suspended. If the period in which fulfillment of the obligations by Simone de Vaan is not possible due to force majeure lasts longer than 2 months, both parties are authorized to dissolve the agreement without there being an obligation to pay compensation in that case.
4. If Simone de Vaan has already partially fulfilled her obligations when the force majeure commences, or can only partially fulfill its obligations, it is entitled to separately invoice the already executed or executable part and the client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already performed or executable part has no independent value.
Article 17. Privacy legislation and cookies
1. The data and information that the consumer provides to Simone de Vaan and Simone de Vaan collects, Simone de Vaan will keep and process carefully, confidentially and in accordance with the applicable privacy legislation.
2. The data of any translation history of the consumer will be stored by Simone de Vaan for a period of at least one (1) year, or longer if a consumer wishes to receive copies of previous translations at cost.
3. Simone de Vaan will solely and exclusively use the consumer’s personal data in the context of the performance of her delivery obligation, the handling of a complaint or the provision of service, unless the consumer has explicitly given permission for other use.
4. Simone de Vaan will not lend, rent or sell the personal data of the consumer or make it public in any other way.
5. When visiting our website, Simone de Vaan may collect information from the consumer about the use of the website by means of cookies. The information that Simone de Vaan collects through cookies can be used for functional, analytical advertising purposes or (re)marketing.
6. If, on the basis of a statutory provision or a court decision, Simone de Vaan is obliged to provide confidential information to third parties, and Simone de Vaan cannot invoke a legal right or a right of refusal recognized or permitted by the competent court, then Simone de Vaan is not obliged to pay compensation or indemnification. The consumer is also not entitled to dissolve the agreement on the basis of any damage that has arisen as a result.
Article 18. Dispute resolution
The judge in Simone de Vaan’s place of residence has exclusive jurisdiction to hear disputes, unless the Subdistrict Court has jurisdiction. Nevertheless, Simone de Vaan has the right to summon her other party to appear before the competent court according to the law.
Article 19. Applicable law
Dutch law applies to every agreement between Simone de Vaan and the client.
Article 20. Changes and location of the conditions
These conditions have been filed at the office of the Chamber of Commerce in Doetinchem (Netherlands). The most recently filed version or the version that applied at the time of the realization of the present assignment is always applicable.