Terms and Conditions

Terms and Conditions
Article 1 – General
1. These general conditions apply to all offers, activities, offers and agreements between
– Wilma Vervoort freelance journalist (hereinafter referred to as “WV”) and
– her clients, respectively their legal successors
These conditions are attached to every quotation; upon signature of the order confirmation client accepts them automatically.
2. “Client” is the person or body that is legally authorized to enter into the agreement and issue the assignment
3. Dutch law is applicable.
Article 2 – Quotations and agreements
1. A quotation is always informal and valid for the specified period only. The quotation states exactly what will be delivered under which conditions. Extra work will only be performed after additional agreements have been made in writing. WV is not obliged to accept the proposed additional work.
Article 3 – Contract duration and execution
1. Agreed deadlines are only then valid when the client adheres exactly to the agreements made. If this is not the case, WV’s obligation to comply with the deadlines will lapse. In the latter case, WV can decide to suspend work and charge any costs that this entails.
Article 4 – Termination / termination of the agreement
1. Parties can terminate the agreement prematurely and unilaterally under a number of circumstances. The cancellation must always be done in writing and must be motivated.
a. If one of the parties gets in a state of bankruptcy, applies for suspension of payment or ceases operations, the agreement will immediately lapse without the need of a written and motivated cancellation.
b. if one of the parties thinks the agreement can no longer be executed in line with the agreements made and the other party fails to disprove this within 2 weeks after receiving the notification.
c. if on the client’s side matters change in such a way that the assignment given to WV must be postponed or withdrawn. In that case, WV is entitled to payment for the work performed. WV will not have to finalize work in progress or to deliver work and WV will be compensated for (among other things but certainly not exclusively the already scheduled hours for this part of the assignment) that part of the assignment WV was unable to perform.
Article 5 – Force majeure
1. In case of force majeure, WV has the right to not continue the agreement. WV will have to report force majeure to the client immediately.
2. As long as the force majeure continues, WV may suspend the obligations from the agreement. However, if this period lasts longer than one month, each of the parties may terminate the agreement without any obligation to pay compensation to the other party.
3. If the force majeure arises at the moment mutual obligations have already been partially fulfilled these will be invoiced separately. The client is obliged to pay this invoice.
4. If WV is unable to execute or complete the assignment due to force majeure, WV will try to find appropriate replacement.
5. WV is not liable for the direct or indirect consequences of the force majeure situation.
6. If WV does not find an appropriate replacement in case of force majeure, WV is not obliged to comply with agreed deadlines and the client cannot claim any compensation.
Article 6 – Payment conditions
1. Invoices to WV need to be paid within fifteen days. If the client does not pay (in time), WV may suspend the execution of the assignment.
3. If the client does not pay, WV will charge extrajudicial costs of 15 percent of the amount due, with a minimum of € 200.00.
4. Received payments will first be deducted from these costs and applicable interest. Remaining amounts will be deducted from the principal sum.
5. The client has no right to suspend payments or to settle payments whatsoever.
6. If the assignment is provided by more than one client, all clients are jointly and separately liable for the fulfillment of the obligations, regardless to whom of the parties the invoice was sent to.
Article 7 – Liability
1. WV is not liable for damage, of whatever nature, arising because of inaccurate and / or incomplete information provided by or on behalf of the client.
2. If it is considered that WV has not been careful and has not exercised all its expertise, WV is liable for shortcomings in the performance of the assignment. This liability is limited to a maximum of the invoice amount.
3. For contracts with a lead time longer than half a year, a further limitation of the liability applies up to a maximum of the invoices over the last six month.
4. WV can only be held liable for direct damage.
5. WV is never liable for indirect damage, such as consequential loss, lost profit, lost savings or damage due to business stagnation.
Article 8 – Indemnity
1. The Client, as a content expert, has the duty to check the products and services supplied by WV for inaccuracies and inaccuracies and accepts the liability that ensues.
Article 9 – Copyright, intellectual property and reproduction right / license
1. For all texts and other works within the meaning of the Dutch Copyright Act, WV grants an exclusive license for the one-off publishing right for the agreed use. An additional agreement must be concluded for any other use. This also applies to the placement of the text in any other medium than for which the text was written according to the assignment.
2. It is mandatory to state the name of WV in all work, unless there are objections to this that were known immediately when the assignment was granted and that WV has accepted. Conversely, WV can also demand that her name is not mentioned.
3. Copyrights are not included in the costs.
4. If WV’s knowledge has increased due to the execution of the assignment, she may also use it for other purposes, provided it is not strictly confidential information.
5. The provisions of this article also relate to products WV involves from third parties. WV guarantees the client he is entitled to use those products.
6. In the event of radical changes to the delivered text that have not received WV’s approval, WV may prohibit the use of its text on the grounds of the Copyright Act. In that case, the client is obliged to pay the work done until then. If this leads to the premature termination of the assignment, the client is obliged to pay compensation for the part of the assignment that has not yet been performed.
7. In the event of copyright infringement, the customer will owe compensation. As a violation of the copyright of WV is considered:
– publication of the work of WV for a use other than agreed;
– reuse of WV’s work without her permission;
– damage to the work of WV;
– publication of WV’s work without a mention of the name.
Article 10 – Confidentiality
1. WV keeps all information and data of the client secret.
2. The Client will never share any given advice by WV to third parties, except after WV’s explicit consent.
3. This mutual confidentiality also applies after termination of the assignment.
Article 11 – Third party work
1. If WV delivers a product for a third party with which the client has a contractual relationship, the client must inform this third party of these general terms and conditions and state that they also apply to the third party.
2. The client is responsible for compensation of all damage if the third party does not comply with the obligations.
3. The client must inform WV if the third party does not comply with the agreements or if it suspects that this third party will not comply with these agreements.