General Terms and Conditions JustBiz

Article 1 Scope

• These General Terms and Conditions are applicable to all legal relationships between client and JustBiz, save for amendments to these Terms and Conditions which have been explicitly confirmed in writing by both parties.
• In case a code of conduct and professional rules are applicable, they form part of the contract. The client undertakes to respect at all times the obligations imposed thereby on JustBiz.
• The applicability of any purchasing or other conditions of the client is expressly rejected.
• If, based on reasonableness and fairness, any article in these General Terms and Conditions can not be met, consequently a similar meaning will be applicable on which all parties can agree.

 Article 2 Provision of information by the client

• The client will make available in good time, in the required form and in the required manner all information and documentation which JustBiz considers necessary for the correct performance of the assignment.
• Additional expenses and additional fees arising out of delay in the performance of the engagement due to failure to provide the information and documentation required or failure to provide it on time or in the proper form will be borne by the client.

Article 3 Performance of the assignment

• JustBiz will execute the assignment with the due care that can reasonably be expected of a professional. JustBiz does not, however, guarantee that a certain result will be achieved.
• JustBiz will obtain the client’s consent before performing and charging the client for work which is additional to the scope of the assignment, except for activities necessary for exercising due professional care.

Article 4 Confidentiality

• Except where disclosure is required by law or professional duty, JustBiz will maintain confidentiality with respect to third parties.
• JustBiz will not use the information made available by the client for any purpose other than that for which it is provided, except where JustBiz acts on his own behalf in disciplinary, civil or criminal proceedings to which such documents may be relevant.
• The client will not, without JustBiz’s prior written consent, disclose the contents of reports or recommendations or other written or unwritten utterances by JustBiz which have not been formulated or made with a view to conveying the information contained therein to third parties.

Article 5 Fee

• JustBiz charges an hourly fee for services rendered unless the client and JustBiz have agreed otherwise.
• If there is any change in wages and/or prices after the inception of the contract but before completion of the assignment, JustBiz will be entitled to vary the agreed rate accordingly, unless the client and JustBiz have agreed otherwise.
• JustBiz’s fee will be invoiced to the client on a monthly basis unless the client and JustBiz have agreed otherwise. Value Added Tax will be charged separately on all amounts payable by the client to JustBiz.

 Article 6 Payment

• Payment will be made by the client, without deduction, discount or set-off, within fourteen days after the invoice date. Payment will be made in currency invoiced by transfer to a bank account to be designated by JustBiz.
• If the client fails to pay within the period referred to in 7.1, JustBiz will be entitled, after having presented the client with at least one reminder, without further notice of default or prejudice to JustBiz’s other rights, to charge the client with interest at the legal rate until the date of payment in full.
• In the case of liquidation, insolvency, attachment or suspension of payment of the client, the outstanding balances will become due and payable immediately.
• The client will be liable for all judicial and extrajudicial collection costs reasonably incurred by JustBiz as a consequence of the client’s non-performance of his obligation to pay.

 Article 7 Liability

JustBiz will execute the assignment with the due care that can reasonably be expected of a professional. If the client is able to demonstrate that he has suffered damages as the result of an error on the part of JustBiz which would have been avoided if JustBiz had exercised due care, JustBiz will be liable for such damages only up to a maximum of the amount of fee, invoiced for the assignment relating to the last three months, except in cases of intent or gross negligence amounting to intent on the part of JustBiz.

 Article 8 Applicable law and settlement of disputes

• Netherlands law will be applicable to all contracts between the client and JustBiz to which these General Terms and Conditions apply.
• All disputes relating to contracts between the client and JustBiz to which these General Terms and Conditions apply and which do not fall within the competence of the Sub-District Court will be brought before the competent court in the district in which JustBiz is resident.
• These general terms and conditions have been drawn up in Dutch and English. In the event of a dispute regarding the content or intent of these general conditions, the Dutch version will be binding.