Article 1 General

These terms and conditions are applicable to every offer and agreement between DeskGuru (“Contractor”), and all Clients to which the Contractor has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms in writing.

Article 2 Quotes, offers

All quotations and offers of Contractor are without obligation, unless the quotation stipulates a deadline for acceptance. If no acceptance period is stipulated, the offer always expires after 30 days.

Article 3 Agreement

The Agreement between the Contractor and the Client is entered into for a definite period, unless the Agreement does not specify a definite period.

Contractor has the right to have certain work performed by third parties.

Article 4 Force majeure

The Contractor is not obliged to fulfill any obligation to the Client if he is prevented from doing so as a result of a circumstance that is not due to fault, and which is not for his account by virtue of the law, a legal act or generally accepted practice.

In these general terms and conditions, force majeure means, in addition to its definition in the law and jurisprudence, all external causes, foreseen or unforeseen, over which Contractor cannot exercise any control, but which prevent Contractor from fulfilling its obligations.

Article 5 Payment and collection costs

Payment must always be made within 30 days of the invoice date, unless otherwise indicated in writing by Contractor.

If the Client fails to pay an invoice on time, the Client is in default and interest will be charged. The interest on the amount due will be calculated from the moment the Client is in default until the moment of payment of the full amount due.

If the Client is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining satisfaction shall be borne by the Client.

Article 6 Liability

Contractor shall not be liable for loss or damage of any kind incurred because Contractor relied on incorrect and/or incomplete information provided by or on behalf of the Client.

If Contractor should be liable for any damage whatsoever, Contractor’s liability shall be limited to a maximum of once the invoice value of the order, at least to that part of the order to which the liability relates.

Contractor shall only be liable for direct damage. Direct damage is understood to mean exclusively the reasonable costs incurred to establish the cause and extent of the damage, insofar as the establishment relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to have Contractor’s faulty performance conform to the agreement, insofar as they can be attributed to Contractor, and reasonable costs incurred to prevent or limit the damage, insofar as the Principal demonstrates that these costs led to a limitation of direct damage as referred to in these general terms and conditions. The Contractor shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.

The limitations of liability contained in this article shall not apply if the damage is due to intent or gross negligence on the part of Contractor.

Article 7 Indemnification

The Client shall indemnify the Contractor against any claims by third parties who suffer damage in connection with the performance of the Agreement and the cause of which is attributable to parties other than the Contractor. If Contractor should be sued by third parties for this reason, the Principal is obliged to assist Contractor both extra-judicially and judicially and to do immediately all that may be expected of him in that case. Should the Client fail to take adequate measures, Contractor shall be entitled, without notice of default, to take such measures itself. All costs and losses incurred on the part of Contractor and third parties as a result will be entirely at the expense and risk of Client.

Article 8 No-shows & late cancellations

Appointments moved or cancelled less than 24 hours before the agreed day & time and “no-shows” will be charged.

Article 9 Applicable law and disputes

All legal relationships to which the Contractor is a party shall be governed exclusively by Dutch law, even if all or part of an obligation is performed abroad or if the party involved in the legal relationship is domiciled there.

Unless otherwise prescribed by mandatory law, the court in the Contractor’s place of business has exclusive jurisdiction to hear disputes. Nevertheless, the Contractor is entitled to submit the dispute to the competent court according to law.

You can submit a complaint to the Geschillencommissie Arbodiensten.

The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.

The Dutch version of these Terms & Conditions is always leading, in case of misunderstandings.