These conditions apply to all offers and agreements with Dr2 Events & Campaigns BV Deviations from these conditions are only binding if confirmed in writing by the management of Dr2 Events & Campaigns BV The nullity of one or more provisions affects the validity and application of the other provisions.
The applicability of the general terms and conditions used by the other party is expressly rejected.
Article 1. Definitions
1.1 Contractor: the private limited company Dr2 Events & Campaigns B.V.
1.2 Client: The (legal) person who has given the contractor an order to advise on, organize or implement an event and / or campaign.
1.3 Agreement: an agreement between the client and the contractor to provide advice on, organization of, or the implementation of an event and / or campaign.
1.4 Production date: the (first) day on which the event to be organized or to be carried out by the contractor under the agreement will take place.
Article 2. Conclusion of the agreement
2.1 The offers made by the contractor are valid for 30 days, unless stated otherwise in writing. Offers can undergo changes due to unforeseen circumstances and / or changes in the advice or organizational and / or communication activities.
2.2 The contractor is only bound by the offers if the offers are accepted in writing by the client within 30 days. If the client fails to do so, but nevertheless agrees that the contractor commences the execution of the client’s assignment, the content of the offer will be deemed agreed. Further verbal agreements and stipulations are only binding on the contractor after these have been confirmed in writing by the contractor. Written confirmation by email only binds the contractor if receipt of the relevant email has been confirmed.
Article 3. Execution of the agreement
3.1 The Contractor will execute each agreement to the best of its ability and is entitled to engage third parties in and for the execution of the agreement.
3.2 The client must have obtained explicit written permission from the contractor for the contracting of third parties with the contract.
3.3 If during the execution of the agreement at the request of the client deviation from what was originally agreed, additional costs will be charged. Additional work only applies if this has been agreed in consultation with the client before the additional work is carried out. The costs and hours of third parties are specified separately.
Article 4. Responsibilities of the client
4.1 The client has a duty to ensure the timely acquisition of all permits, insurance and permissions from third parties required for the performance of the work. If after the conclusion of the agreement it appears that the necessary permit (s) and / or insurance cannot be obtained (in time), the client cannot invoke force majeure on those grounds.
4.2 The client is responsible for the acts and omissions of visitors to an event organized or performed by the contractor under the agreement.
4.3 Unless otherwise agreed, the client will, at its own expense, provide sufficient measures to guarantee the safety of artists and visitors to an event organized or performed under the agreement. If agreements have already been made about the aforementioned measures, the contractor is nevertheless entitled to impose additional requirements, if changed circumstances (such as, for example, the increased popularity of an artist) make this necessary.
4.4 If the client takes insufficient measures to guarantee the safe execution of an event, the contractor is entitled to cancel the event in whole or in part, without the client being able to claim any compensation or discount on the price agreed with the contractor.
Article 5. Dissolution / suspension
5.1 The contractor is entitled to suspend the further execution of the assignment if the client does not meet the payment conditions, as referred to in article 7, in whole or in part.
5.2 The contractor is entitled to dissolve the agreement without any liability for damages on its part if the client does not meet the obligations arising for it from the agreement on time, or in the event of bankruptcy or suspension of payment of the client, even after notice of default. In all these cases, the client owes an amount, calculated in accordance with the following article, related to the part of the assignment that has not been carried out.
Article 6. Cancellation by the client
6.1 In the event of postponement or cancellation by the client, the client is obliged to reimburse the contractor for all costs demonstrably incurred by the latter, as well as the following percentage of the fee of the contractor agreed or reasonably expected for the full implementation / advice of the event: (a) in in case of postponement or cancellation no later than one hundred and twenty days before the production date, 50% of that fee; (b) in case of postponement or cancellation in the period between one hundred and twenty days and thirty days before the production date, 75% of that fee; (c) in case of postponement or cancellation up to thirty days before the production date, 100% of that fee; (d) in the case of an urgent assignment, a shorter period applies (to be specified on a case-by-case basis). Without prejudice to the right of the contractor to claim full compensation
6.2 Furthermore, the client will indemnify the contractor against all claims from third parties involved in the execution of the agreement, insofar as these claims relate to the postponement or cancellation of the event. This does not affect the obligation of the client, in case of later implementation of the event, to still pay the full price plus the additional costs arising from the postponement.
Article 7. Payment
7.1 The prices stated in our quotations are always exclusive of VAT. and travel and accommodation costs, unless expressly stated otherwise.
7.2 The contractor is entitled to ask the client for an advance on the agreed price. The first installment concerns an advance of 40%, 60% and 80% of the total amount. This must be paid within 14 days after the conclusion of the agreement. The percentage depends on the period between the conclusion of the agreement and the date of the assignment, more than 6, more than 3, but less than 6 and less than 3 months, respectively. At least 80% of the total amount must be paid before the start of the event (production date).
7.3 The contractor has the right to charge a reasonable part of the fee every month for work performed and costs incurred for the execution of the assignment. These interim invoices must be paid within two weeks.
7.4 The remaining amount (including additional work) must be paid within two weeks after the end of the assignment. If no (full) payment has been received by the contractor after the expiry of this period, the client will be in default by operation of law and will owe interest from the due date. In commercial transactions, this interest is equal to the commercial interest (6: 119a BW) and in contracts with consumers it is equal to the statutory interest.
7.5 The damage that the contractor suffers in order to obtain payment of its invoice must be compensated by the client. This damage shall in any case include the extrajudicial costs incurred by the client, which are set at 15% (with a minimum of € 35.00) of the total amount stated in the invoice, as well as the judicial costs incurred.
7.6 Payment of the amount owed by the client to the contractor must be paid without settlement, discount or suspension.
7.7 Complaints as a result of an invoice must be communicated to the contractor by registered letter as soon as possible, but no later than eight days after the invoice date, under penalty of forfeiture of any claim whatsoever.
Article 8. Force majeure
8.1 A shortcoming on the part of the contractor cannot be attributed to the contractor due to force majeure, if it is not due to its fault, nor is it for its account under law, legal act or prevailing views.
8.2 If, after the agreement has been concluded, circumstances arise that the contractor did not know or should have known when entering into the agreement, as a result of which it is unable to fulfill its obligations under the agreement (in time), it is entitled to to suspend without being in default.
8.3 If fulfillment proves to be permanently impossible, the contractor has the right to change the agreement in such a way that execution remains possible. Unforeseen circumstances include: disasters, fire, strikes, work stoppages and amended regulations.
8.4 Insofar as the contractor is (partly) dependent on third parties, whether or not engaged by it, for the performance of the agreement, shortcomings resulting from the acts or omissions of these third parties cannot be attributed to the contractor. Such acts or omissions should also include the non-appearance of an artist, chairman, speaker due to illness.
Article 9. Liability
9.1 The contractor is only liable for direct damage to the client that results directly from the non, late or improper fulfillment of the agreement and if there is intent or gross negligence on the part of the contractor. The contractor is never liable for consequential damage such as loss of profit.
9.2 If liability of the contractor would arise, then this liability is limited to the amount to which the liability insurance of the contractor is entitled in the specific case, increased by the amount of the deductible.
9.3 Any claim by the client for compensation for damage must be made known to the contractor within eight days after the day on which the client became aware or could reasonably have been aware of both the damage and the liability of the contractor. In any case, a legal claim by the client for compensation of damage lapses after two weeks have passed since the event caused the damage.
9.4 A legal claim by the client for compensation for damage will lapse in any case eighteen months after the event that caused the damage.
Article 10. Intellectual property
10.1 The client indemnifies the contractor against all claims that third parties may turn out to have as a result of the instructions given by the client to publish or multiply material made available by the client.
10.2 Unless agreed otherwise in writing between the parties, all intellectual property rights arising from the assignment, including patent law, design right and copyright, belong to the contractor. Insofar as such a right can only be obtained by a deposit or registration, then only the contractor is authorized to do so.
Article 11. Disputes
11.1 Dutch law applies to the agreement between the client and the contractor. The judge who takes cognizance of disputes between the client and the contractor is the competent court in the district where the contractor is established.