General Terms and Conditions eveHRyday BV
Article 1 Definitions
These general terms and conditions defines the key terms below as follows, unless expressly stated otherwise or unless the context requires otherwise:
- eveHRyday: the user of these general terms and conditions: eveHRyday BV, located at Scherpakkerweg 6 in (5616 HP) Eindhoven, registered with the Chamber of Commerce under Chamber of Commerce number 54001501;
- client: the counterparty of eveHRyday on whose order eveHRyday performs work or with whom eveHRyday enters into an agreement;
- agreement: the agreement between eveHRyday and the client.
eveHRyday and the client shall collectively be referred to as ‘parties’.
Article 2 General
2.1 These general terms and conditions apply to all agreements between eveHRyday and the client to which eveHRyday has declared these general terms and conditions to be applicable.
2.2 These general terms and conditions also apply to all agreements with eveHRyday that require the involvement of third parties for their execution.
2.3 Any deviations from these general terms and conditions are valid only if they have been expressly agreed in writing.
2.4 The applicability of any purchasing or other terms and conditions of the counterparty is explicitly rejected.
2.5 If one or more of the provisions in these general terms and conditions are declared null and void or annulled, the remaining provisions in these general terms and conditions shall remain fully applicable. In such cases, eveHRyday and the client shall consult with a view to introducing new provisions to replace the null and void or nullified provisions, whereby, as far as possible, the purpose and the meaning of the original provision shall be observed.
Article 3 Offers and quotes
3.1 All offers and quotes are without obligations, unless stated otherwise.
3.2 eveHRyday shall only be bound by a quote if its acceptance by the client is confirmed in writing or via e-mail within 30 days. The client assures the accuracy and completeness of the requirements and specifications, provided to eveHRyday by or on behalf of the client, relating to the performance and other information on which eveHRyday bases its offer.
3.3 If an offer is based on subsequent calculation, prices quoted only serve as guiding prices. The costs actually incurred by eveHRyday will be invoiced.
3.4 A composite quote does not require eveHRyday to perform a part of the contract against a corresponding part of the specified price.
3.5 Offers and quotes are not automatically valid for future orders.
3.7 eveHRyday shall not be bound by obvious errors or mistakes on eveHRyday’s website, in flyers, publications or recorded particulars.
3.8 Prices quoted, (hourly) rates and cost estimates, etc. are exclusive of VAT and exclusive of any other charges levied by the government.
Article 4 Implementation of the agreement
eveHRyday has the right to have certain activities executed by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded. If engaging third parties entails additional costs for the client, eveHRyday will request the client’s permission before engaging third parties, unless otherwise agreed.
Article 5 Client’s obligations
5.1 The client is required to fully cooperate with the execution of the agreement and to provide eveHRyday with all information required to that end. In addition, the client must provide eveHRyday with all of the powers and authorisations required to execute the assignment properly.
5.2 The client ensures the reliability, accuracy and completeness of the data and documents provided to eveHRyday, including those from third parties.
5.3 The client indemnifies eveHRyday against any claims by third parties that suffer damage relating to the performance of the agreement and which is attributable to the client.
Article 6 Fee
6.1 At the conclusion of the agreement, the parties may only agree to a fixed fee in writing or by e-mail.
6.2 If no fixed fee is agreed upon, the fee will be determined based on the actual number of hours worked by eveHRyday or the third parties engaged by eveHRyday for the client, unless otherwise agreed.
6.3 eveHRyday may only increase a fixed agreed fee if, during the performance of the work, it appears that the initially agreed or expected amount of work was insufficiently estimated at the time of the agreement was concluded and this is not attributable to eveHRyday, so that eveHRyday cannot reasonably be expected to perform the agreed work at the originally agreed fee.
Article 7 Payment
The client must pay invoices received from eveHRyday within 14 days of the invoice date, unless otherwise agreed.
Article 8 Complaints
8.1 Complaints about the work performed must be submitted by the client to eveHRyday in writing or by e-mail within 10 working days after performance of the work to which the complaint refers. Complaints should be reported to: eveHRyday Scherpakkerweg 6 in (5616 HP) Eindhoven, e-mail: hello@eveHRyday.com.
8.2 After lodging the complaint, the client shall give eveHRyday the opportunity to examine the validity of the complaint and, if necessary, give eveHRyday the opportunity to perform the agreed work.
8.3 If the performance of the agreed work is no longer possible or useful, eveHRyday will be liable only within the limits of Article 10 of these general terms and conditions.
Article 9 Liability and limitation
9.1 eveHRyday cannot be held liable for compensation for any damage which is directly or indirectly caused by:
a. an event that is in fact outside of its control and thus cannot be attributed to its actions, including but not limited to those defined in Article 11 of these general terms and conditions;
b. any act or omission of the client, its employees or other persons who are employed by or on behalf of the client.
9.2 eveHRyday shall not be liable for any damages of any kind, resulting from the use by eveHRyday of incorrect and/or incomplete data provided by the client, unless eveHRyday should reasonably have known that this data was inaccurate or incomplete.
9.3 eveHRyday shall in no event be liable for indirect damage, including consequential damages, lost profits and lost savings.
9.4 If eveHRyday is held liable for any damage, such liability is limited to the amount paid by the insurer of eveHRyday. If the insurer declines to pay or if the damage is not covered by insurance, eveHRyday’s liability is limited to the invoice amount, at least to that proportion of the assignment to which the liability relates, with a maximum of what the client was charged during the three months prior to the injurious event.
9.5 The limitations of liability contained in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of eveHRyday or its employees.
9.6 All claims against eveHRyday not submitted to eveHRyday within one year after they arise will expire by limitation.
Article 10 Force majeure
10.1 Force majeure exists if the implementation of the agreement in whole or in part, whether or not temporarily, is prevented by circumstances beyond the control of parties and/or by conditions on the side of eveHRyday, such as strike, staffing problems, transport problems or weather conditions, including default by suppliers on whom eveHRyday relies.
10.2 In case of force majeure, the obligations of the parties are suspended. If the force majeure situation lasts longer than two months, both parties to the agreement shall be entitled to dissolve the agreement by a written declaration to the other party for the part not yet executed, without either side being liable for any compensation.
10.3 If, at the start of the force majeure situation, eveHRyday has already partially fulfilled its obligations or can only partially fulfil its obligations, eveHRyday is entitled to invoice the part already delivered, separately from the part that is still to be delivered and the client shall be required to pay the invoice as if it were a separate agreement.
Article 11 Transfer
The client may not transfer the rights and obligations contained in this agreement to a third party without the prior written or electronic consent of eveHRyday.
Article 12 Miscellaneous provisions
12.1 The version of the general terms and conditions that was valid at the time of the conclusion of the agreement shall always apply, unless the client has accepted the validity of a revised version of the general terms and conditions after the conclusion of the agreement.
12.2 Only the competent court in the place of establishment of eveHRyday has jurisdiction over disputes, unless the law requires otherwise.
12.3 All agreements between eveHRyday and the client are governed exclusively by Dutch law.