General terms and conditions

DEFINITIONS

  1. TIDY: TIDY established in Tilburg, registered under Chamber of Commerce no. 85443417
  2. Client: the party with whom TIDY has entered into an agreement

Article 1 – Applicability

  1. These general terms and conditions apply to all quotations, in any form or by any means.
  2. Deviations from these general terms and conditions are only permitted if explicitly agreed in writing. In that case, the remaining provisions of these general terms and conditions remain fully in force. The agreed deviations apply only to the agreement for which the deviation was agreed.
  3. TIDY is authorized, at its own discretion, to use (services or products of) third parties in the performance of agreements. In such a case, these general terms and conditions also apply.

Article 2 – Quotations and Agreements

  1. Quotations and prices are non-binding and valid for 30 days unless otherwise indicated in writing. Quotations and prices are based on the wishes expressed by the client. The quotation includes a description of the services to be performed.
  2. Appointments with TIDY can be cancelled by the client free of charge up to 24 hours before the scheduled start time. If the cancellation occurs within this period, 25% of the quoted costs will be charged to the client.
  3. Appointments can be rescheduled free of charge up to 24 hours before the scheduled start time. If an appointment is rescheduled within this period, 15% of the quoted costs will be charged.
  4. Appointments may be canceled by TIDY in case of illness, incapacity for work, and/or other circumstances preventing TIDY from performing the assignment. Cancellation by TIDY does not entitle the client to compensation.
  5. An agreement is concluded at the moment a confirmation of assignment is delivered by TIDY to the client in any form or if the client agrees in writing to the quotation or allows the execution of the assignment to commence.
  6. If during the execution of the agreement it appears necessary for proper performance to modify or expand the services to be provided, the parties shall adjust the agreement accordingly in mutual consultation. Any (financial) consequences of this modification will be agreed upon between the parties.
  7. Times and deadlines mentioned in quotations, confirmations of assignment, or agreements are indicative. The client cannot derive any rights from them. If the client considers a deadline to be critical, this must be explicitly agreed upon in writing between the parties.

Article 3 – Prices

  1. All prices are in euros, exclusive of VAT, and include any costs incurred in the context of performing the agreement, unless stated otherwise in writing. Prices offered to consumers also include VAT.

Article 4 – Payment

  1. Invoices must be paid within fourteen days of the invoice date. TIDY is entitled to invoice the total price of an assignment in parts. The mere lapse of the payment term puts the client in default; a notice of default is not required.

  2. In case of non-(timely) payment by the client, the client owes interest of 1.5% per month on the outstanding balance from the day the payment was due until full payment. Any part of a month counts as a full month.

  3. The client is also responsible for all (extrajudicial and judicial) costs of any kind incurred by TIDY as a result of the client’s failure to fulfill their (payment) obligations. Extrajudicial costs amount to 15% of the principal, with a minimum of €200.00, exclusive of VAT.

  4. The client is not entitled to set-off, suspension, termination due to non-performance, and/or rescission unless provided in these general terms and conditions. TIDY has the right to offset any claims it holds, whether due or not, against the client.

Article 5 – Performance of Services

  1. If the client observes or reasonably could observe that TIDY has failed in performing its services, they must immediately notify TIDY in writing with reasons. In such cases, TIDY shall be granted a reasonable period to remedy the defect, if possible. All costs are borne by the client unless TIDY is liable as provided in these terms.

Article 6 – Inspection, Complaints

  1. Services provided by TIDY are deemed fully accepted by the client if the client does not indicate, within one week after delivery, in writing and with reasons, which parts of the services were not properly performed or delivered.

Article 7 – Guarantee and Liability

  1. Unless explicitly agreed otherwise in writing, TIDY’s obligation is always an obligation of best efforts toward the client. Therefore, no guarantee can be given regarding the result of the services provided by TIDY.

  2. TIDY is not obliged to compensate any damage to the client or third parties, unless due to intent or gross negligence on its part.

  3. TIDY does not accept any liability for indirect, consequential, or business damages, missed savings, or loss of profit or turnover.

  4. If TIDY is obliged to compensate any damage for any reason, that compensation is limited to the invoice amount for the services that caused the damage.

  5. The client indemnifies TIDY against any claims made by third parties regarding the execution of an agreement concluded with TIDY, insofar as the law does not prevent the damage and costs from being borne by the client.

  6. Any grounds that may give rise to a claim for damages must be reported in writing to TIDY no later than seven days after the client has discovered or could reasonably have discovered the damage, failing which the right to compensation lapses.

Article 8 – Force Majeure

  1. In the event of force majeure, TIDY is not obliged to fulfill its obligations to the client, or the obligation is suspended for the duration of the force majeure.

Article 9 – Suspension and Termination

  1. TIDY may terminate the agreement if circumstances arise such that performance is impossible or, according to standards of reasonableness and fairness, can no longer be demanded, or if circumstances arise such that it is not reasonable to expect the unchanged continuation of the agreement.

  2. TIDY may also terminate the agreement with immediate effect if it becomes clear during execution that, for any reason, it is not possible to achieve the agreed result.

  3. Amounts invoiced or to be invoiced by TIDY for services already performed remain fully payable and are immediately due upon termination of the agreement.

Article 10 – Applicable Law and Competent Court

  1. All quotations, confirmations of assignment, and agreements are exclusively governed by Dutch law.
  2. Disputes are submitted to the competent court in the district where TIDY is established, unless the law explicitly designates a different court. 

End, General Terms and Conditions