1. StartDock Holding BV: CoworkingNL, established in Amsterdam, Chamber of Commerce no. 71123687.
2. Customer: the party which StartDock Holding BV has entered into an agreement with.
3. Parties: StartDock Holding BV and customer together.
4. Consumer: a customer who isan individual acting for private purposes.
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of StartDock Holding BV.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
1. All prices used by StartDock Holding BV are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. StartDock Holding BV is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The parties agree on a total price for a service provided by StartDock Holding BV. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
4. StartDock Holding BV is entitled to deviate up to 10% of the target price.
5. If the target price exceeds 10%, StartDock Holding BV must let the customer know in due time why a higher price is justified.
6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
7. StartDock Holding BV has the right to adjust prices annually.
8. StartDock Holding BV will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
9. The consumer has the right to terminate the contract with StartDock Holding BV if he does not agree with the price increase.
1. StartDock Holding BV may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 1 month, after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without StartDock Holding BV having to send the customer a reminder or to put him in default.
4. StartDock Holding BV reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
1. If the customer does not pay within the agreed term, StartDock Holding BV is entitled to charge an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to StartDock Holding BV.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, StartDock Holding BV may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of StartDock Holding BV on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by StartDock Holding BV, he is still obliged to pay the agreed price to StartDock Holding BV.
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
- the purchase does not concern an (assignment to) urgent repair
- it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days right of withdrawel period and the consumer has not renounced his right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via firstname.lastname@example.org, if desired by using the withdrawal form that can be downloaded via the website of StartDock Holding BV, http://coworkingnl.com/.
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
The customer waives his right to settle any debt to StartDock Holding BV with any claim on StartDock Holding BV.
1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
- goods delivered that are necessary for the execution of the underlying agreement
- goods being property of StartDock Holding BV that are present at the premises of the customer
- goods that have been delivered under retention of title
2. At the first request of StartDock Holding BV, the customer provides the policy for these insurances for inspection.
When parties have entered into an agreement with services included, these services only contain best-effort obligations for StartDockHolding BV, not obligations of results.
1. StartDock Holding BV executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. StartDock Holding BV has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that StartDock Holding BV can start the implementation of the agreement on time.
5. If the customer has not ensured that StartDock Holding BV can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
1. The customer shall make available to StartDock Holding BV all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, StartDock Holding BV will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by StartDock Holding BV and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
1. The agreement between StartDock Holding BV and the customer is entered into for the duration of 1 years, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give StartDock Holding BV a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
The customer indemnifies StartDock Holding BV against all third-party claims that are related to the products and/or services supplied by StartDock Holding BV.
1. The customer must examine a product or service provided by StartDock Holding BV as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform StartDock Holding BV of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform StartDock Holding BV of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that StartDock Holding BV is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties. 6. If a complaint relates to ongoing work, this can in any case not lead to StartDock Holding BV being forced to perform other work than has been agreed.
1. The customer must provide any notice of default to StartDock Holding BV in writing.
2. It is the responsibility ofthe customer that a notice of default actually reaches StartDock Holding BV (intime).
If StartDock Holding BV enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to StartDock Holding BV under that agreement.
1. StartDock Holding BV is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If StartDock Holding BV is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. StartDock Holding BV is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If StartDock Holding BV is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from StartDock Holding BV shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6: 89 Dutch Civil Code.
1. The customer has the right to dissolve the agreement if StartDock Holding BV imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by StartDock Holding BV is not permanent or temporarily impossible, dissolution can only take place after StartDock Holding BV is in default.
3. StartDock Holding BV has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give StartDock Holding BV good grounds to fear that the customer will not be able to fulfill his obligations properly.
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of StartDock Holding BV in the fulfillment of any obligation to the customer cannot be attributed to StartDock Holding BV in any situation independent of the will of StartDock Holding BV, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from StartDock Holding BV . 2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which StartDock Holding BV cannot fulfill one or more obligations towards the customer, these obligations will be suspended until StartDock Holding BV can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. StartDock Holding BV does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjustthe agreement accordingly.
1. StartDock Holding BV is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by StartDock Holding BV with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
1. The customer cannot transfer its rights deferring from an agreement with StartDock Holding BV to third parties without the prior written consent of StartDock Holding BV.
2. This provision applies as aclause with a property law effect as referred to in Section 3:83 (2) DutchCivil Code.
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what StartDock Holding BV had in mind when drafting the conditions on that issue.
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where StartDock Holding BV is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on the 13 October 2022