General Terms and Conditions

ARTICLE 1 DEFINITIONS

These general terms and conditions apply to all agreements entered into by:

Welna Woningservice, established at: Solitudolaan 76, 1096 DS Amsterdam, CoC: 3435.8339.

  • Conditions are understood to mean the general terms and conditions of Welna Woningservice.
  • Agreement is understood to mean the agreement between the Client and Welna Woningservice.
  • An assignment is understood to mean the undertaking of a work.
  • By accepting the quotation from Welna Woningservice, the client accepts the terms and conditions of Welna Woningservice.
  • Deviations from these terms and conditions are only valid if agreed upon in writing.
  • Welna Woningservice will not invoke these terms and conditions in contracts with consumers if these terms and conditions infringe upon or prejudice the statutory rights of the consumer.

ARTICLE 2 APPLICABILITY OF THESE CONDITIONS

  1. These terms and conditions apply to every offer and every agreement between Welna Woningservice and a client to which Welna Woningservice has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly and in writing deviated from by the parties.
  2. These terms and conditions also apply to all agreements with Welna Woningservice for the execution of which third parties must be involved.

ARTICLE 3 QUOTATIONS

  1. All offers are without obligation, unless a period for acceptance is stated in the quotation or unless otherwise agreed in advance.
  2. Quotations issued by Welna Woningservice are non-binding; they are valid for 14 days, unless otherwise stated. Welna Woningservice is only bound by quotations if acceptance thereof by the other party is confirmed in writing within 14 days.
  3. The prices in the mentioned quotations are exclusive of VAT, unless otherwise stated.

ARTICLE 4 CALL-OUT CHARGES

  1. Welna Woningservice charges €25.00 for call-out charges within a radius of 25 km around its location in Amsterdam. Kilometers outside a radius of 25 kilometers are charged at €32.50 for call-out charges.
  2. Any parking costs shall be borne by the client.

ARTICLE 5 EXECUTION OF THE AGREEMENT

  1. Welna Woningservice will execute the agreement to the best of its knowledge and ability.
  2. If and to the extent that proper execution of the agreement requires this, Welna Woningservice has the right to have certain work performed by third parties.
  3. The Client shall ensure that all data, such as click notifications, and approvals including permits, exemptions, and decisions, which Welna Woningservice indicates are necessary or which the Client ought reasonably to understand are necessary for the execution of the agreement, are provided to Welna Woningservice in a timely manner.
  4. The Client shall ensure that the site and/or space where the assignment is to be carried out has sufficient opportunity for the supply, storage, and/or removal of construction materials, equipment, and machinery.
  5. The Client shall provide electricity and water for the execution of the assignment.
  6. The Client is not entitled to compensation for the matters mentioned in paragraphs 3, 4 and 5 unless otherwise agreed upon entering into the agreement.
  7. If the data required for the execution of the agreement or the delivery of certain materials are not provided to Welna Woningservice in a timely manner, Welna Woningservice reserves the right to suspend the execution of the agreement and/or to charge the Client for the additional costs arising from the delay at the customary rates.
  8. Welna Woningservice is not liable for damage of any kind resulting from Welna Woningservice relying on incorrect and/or incomplete information provided by the client, unless such inaccuracy or incompleteness should have been apparent to it.
  9. If it has been agreed that the agreement will be executed in phases, Welna Woningservice may suspend the execution of those parts belonging to a subsequent phase until the Client has approved the results of the preceding phase in writing.

ARTICLE 6 CONTRACT DURATION, EXECUTION PERIOD

  1. The agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing.
  2. If a deadline has been agreed within the term of the agreement for the completion of specific work, this is never a strict deadline. In the event of exceeding the execution deadline, the Client must therefore notify Welna Woningservice in writing of the default.

ARTICLE 7 AMENDMENT OF THE AGREEMENT

  1. If, during the execution of the agreement, it becomes apparent that it is necessary to modify or supplement the work to be performed for proper execution, the parties shall amend the agreement in a timely manner and by mutual consultation.
  2. If the parties agree that the agreement is to be amended or supplemented, the time of completion of the performance may be affected as a result. Welna Woningservice will inform the Client of this as soon as possible.
  3. If the amendment or addition to the agreement has financial and/or qualitative consequences, Welna Woningservice will inform the Client thereof in advance.
  4. If a fixed fee has been agreed, Welna Woningservice will indicate to what extent the modification or addition to the agreement results in an exceeding of this fee.

ARTICLE 8 CONFIDENTIAL INFORMATION AND PERSONAL DATA

  1. Welna Woningservice is obliged to keep all confidential information it receives from the client secret. This duty also applies to third parties engaged.
  2. Information is confidential if designated as such by one of the parties.
  3. When Welna Woningservice acts as a controller within the meaning of the GDPR, the following provisions apply:
    1. Welna Woningservice is responsible for the protection of personal data the use of which by Welna Woningservice is necessary for the proper execution of the agreement.
    2. When Welna Woningservice processes personal data, this is done with the utmost propriety and care and in accordance with the GDPR.
    3. Welna Woningservice uses personal data only to the extent necessary to provide services to the client. Personal data will not be retained longer than legally permitted or necessary for the performance of the agreement.
    4. Welna Woningservice takes technical and organizational measures to ensure an appropriate level of security with regard to personal data, taking into account the state of the art and the nature of the processing.
  4. If the data subject wishes to invoke one of the rights they have under the GDPR, this request may be submitted in writing to the Data Protection Officer via info@onzeklusjesman.nl. Welna Woningservice will process this request within the statutory time limits.
  5. Welna Woningservice only provides client data to third parties if this is necessary for the execution of the agreement or to comply with a legal obligation. Should Welna Woningservice provide client data to third parties for reasons other than these, Welna Woningservice will first request permission from the client.

ARTICLE 9 INTELLECTUAL PROPERTY

  1. Without prejudice to the provisions of Article 7 of these terms and conditions, Welna Woningservice reserves the rights and powers to which it is entitled under the Copyright Act.
  2. All documents provided by Welna Woningservice, such as reports, advice, designs, sketches, drawings, software, etc., are intended exclusively for use by the Client and may not be reproduced, published, or disclosed to third parties by the Client without the prior permission of Welna Woningservice.
  3. Welna Woningservice also reserves the right to use the knowledge gained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.

ARTICLE 10 ADVERTISING

  1. Unless otherwise agreed in writing in advance or unless otherwise stipulated in generally applicable plans, Welna Woningservice has the right to communicate freely regarding all elements pertaining to its assignment with respect to the agreement. In doing so, Welna Woningservice may make use of social media, among other media.
  2. The Client undertakes to mention the name Welna Woningservice when referring to any participating organizations in notices or publications.
  3. Parties shall receive at least one copy of all final publications or a notification with a link to the publication.

ARTICLE 11 CANCELLATION OR TERMINATION

  1. In the event of cancellation of the agreement for reasons other than force majeure, the Client shall pay the following cancellation fees to Welna Woningservice:
    1. In the event of cancellation less than or equal to 2 weeks prior to the start date of the assignment: the costs actually incurred by Welna Woningservice, with a minimum of 40% of the quotation;
    2. In case of cancellation less than or equal to 1 week before the start date of the assignment: 80% of the quotation;
    3. In case of cancellation 48 hours or less before the start date of the assignment: 100% of the quotation.
  2. For assignments with a duration of more than one month, both parties may terminate the agreement in writing at any time. In that case, the parties must observe a notice period of at least one month.

ARTICLE 12 TERMINATION OF THE AGREEMENT

  1. The claims of Welna Woningservice against the Client are immediately due and payable in the following cases:
    1. circumstances that have come to the attention of Welna Woningservice after the conclusion of the agreement give Welna Woningservice good grounds to fear that the Client will not fulfill its obligations;
    2. if Welna Woningservice has requested the Client to provide security for performance upon conclusion of the agreement and this security is not provided or is insufficient.
    3. In the aforementioned cases, Welna Woningservice is entitled to suspend further performance of the agreement or to dissolve the agreement, all without prejudice to Welna Woningservice's right to claim compensation.

ARTICLE 13 DEFECTS, COMPLAINT PERIODS

  1. Complaints regarding the work performed must be reported in writing to Welna Woningservice by the client within 8 days of discovery, but no later than 14 days after completion of the relevant work.
  2. If a complaint is justified, Welna Woningservice will still perform the work as agreed, unless this has demonstrably become pointless for the client. The latter must be communicated in writing by the client.
  3. If performing the agreed services is no longer possible or meaningful, Welna Woningservice shall only be liable within the limits of Article 15.

ARTICLE 14 FEES

  1. For offers and agreements in which a fixed fee is offered or agreed upon, paragraphs 2, 5, and 6 of this article apply. If no fixed fee is agreed upon, paragraphs 3 through 6 of this article apply.
  2. The parties may agree on a fixed fee when concluding the agreement. The fixed fee includes VAT for private individuals and excludes VAT for business clients.
  3. If no fixed fee is agreed upon, the fee shall be determined on the basis of actual hours spent. The fee shall be calculated in accordance with the customary hourly rates of Welna Woningservice applicable to the period in which the work is performed, unless a different hourly rate has been agreed upon.
  4. For assignments with a duration of more than one month, the costs due will be invoiced periodically.
  5. If Welna Woningservice agrees on a fixed fee or hourly rate with the client, Welna Woningservice is nevertheless entitled to increase this fee or rate. Welna Woningservice may pass on price increases if Welna Woningservice can demonstrate that significant price changes have occurred between the time of the quotation and delivery.

ARTICLE 15 PAYMENT

  1. Payment must be made within 14 days of the invoice date, in a manner specified by Welna Woningservice and in the currency in which the invoice was issued.
  2. After the expiration of 14 days from the invoice date, the Client is in default; from the moment of default, the Client owes interest on the outstanding amount of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate applies.
  3. In the event of liquidation, bankruptcy, or suspension of payments of the Client, the claims of Welna Woningservice and the obligations of the Client towards Welna Woningservice shall become immediately due and payable.
  4. Payments made by the Client shall always be applied first to all accrued interest and costs, and secondly to the oldest outstanding invoices, even if the Client states that the payment relates to a later invoice.

ARTICLE 16 COLLECTION COSTS

  1. If the Client is in default or in arrears with the fulfillment of one or more of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the Client. In any event, the Client shall owe:
    1. over the first € 3,000 15%
    2. on the amount exceeding € 6,000 10%
    3. on the amount exceeding €15,000 8%
    4. on the amount exceeding € 60,000 5%
    5. about the multiple 3%
  2. If Welna Woningservice demonstrates that it has incurred higher costs which were reasonably necessary, these shall also be eligible for reimbursement.

ARTICLE 17 LIABILITY

  1. If Welna Woningservice is liable, that liability is limited as follows:
    1. The liability of Welna Woningservice, to the extent covered by its liability insurance, is limited to the amount of the payment made by the insurer.
    2. If the insurer fails to pay out in any case or the damage is not covered by the insurance, the liability of Welna Woningservice is limited to the invoice value of the assignment, or at least that part of the assignment to which the liability relates.
    3. Notwithstanding the provisions of paragraph b of this article above, in the case of an assignment with a duration exceeding six months, liability shall be further limited to the portion of the fee due over the last six months.
    4. Welna Woningservice is never liable for consequential damages.
    5. Welna Woningservice is never liable for damage caused by the (temporary) non-(optimal) functioning of data communication on (parts of) the so-called World Wide Web (www).

ARTICLE 18 FORCE MAJEURE

  1. Force majeure entails circumstances that prevent Welna Woningservice from fulfilling its services, or from doing so in a timely or proper manner, without Welna Woningservice being at fault. In the event of force majeure, there is no attributable failure on the part of Welna Woningservice.
  2. Force majeure includes, for example: an accident involving a Welna Woningservice vehicle or a vehicle in which Welna Woningservice handyman(s) are being transported; a disaster or incident requiring the urgent deployment of Welna Woningservice's resources and/or handyman(s) to another location; pandemics; technical malfunctions; fire; theft; vandalism; riots; strikes; occupation of premises; business interruptions; war; or severe weather that jeopardizes or interrupts the execution of the assignment; situations of actual inaccessibility of the assignment location; changes in regulations; and failure to perform by a supplier of Welna Woningservice. Force majeure is also understood to include: malfunctions in a (telecommunication) network or connection or communication systems used, and/or the unavailability of the internet site at any given time.
  3. In the event of force majeure, Welna Woningservice may suspend the performance of the agreement or (partially) dissolve the agreement without being required to pay compensation to the Client.
  4. If Welna Woningservice has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already performed or performable separately, and the Client is obliged to pay this invoice as a separate contract. However, this does not apply if the part already performed or performable has no independent value.

ARTICLE 19 DISPUTE RESOLUTION

Should a dispute nevertheless arise, the client must turn to the competent court at the District Court of Amsterdam. The possibility of initiating a dispute before the court expires one year after the cause of the dispute arose.

ARTICLE 20 APPLICABLE LAW

Dutch law applies to all quotations, agreements, these general terms and conditions, and actions arising therefrom.