terms

&

conditions

General Terms and Conditions

Definitions

Unless the Terms and Conditions expressly provide otherwise, the following applies to the interpretation of the General Terms and Conditions:

  • a reference to a person applies as a reference to a natural person, partnership or legal person;

And

  • the singular is considered to include the plural and vice versa and a reference to a masculine form is also deemed to include a reference to a feminine form and vice versa.;

Chamber of Commerce

  1. Emvision is established in Hierden and registered in the trade register of the Chamber of Commerce under number 71189475.

Terms

  1. An agreement is any agreement between the client and Emvision to provide services by Emvision on behalf of the client.
  2. Any deviation from these general terms and conditions is only valid if and insofar as they are in writing between the client and Emvision and agreed.
  3. Any purchase or general terms and conditions of the client do not apply, unless Emvision has accepted this explicitly in writing.

Quotations

  1. All offers from Emvision are without obligation. If no acceptance term is set, the offer always expires after 30 days.
  2. Emvision cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error.

Prices

  1. The prices stated in an offer are exclusive of VAT and other government levies, any costs to be incurred within the framework of the agreement, including travel and accommodation, shipping and administration costs, hired experts, unless stated otherwise.

Payment Terms

  1. Invoices must be paid within 14 days after the invoice date issued by Emvision as indicated on the invoice.
  2. If invoices from Emvision remains fully or partially unpaid, the client is in default without receiving a notice of default. An interest of 1% per month is payable on the unpaid amount.

Cancellation

  1. Cancellation by the client must be done by e-mail. In the event of cancellation by the client within 24 hours before the start of the activity concerned, the client will owe 100% of the costs of the cancelled hours or the agreed principal sum. In case of Cancellation between 24 and 72 hours before the start of the activities, 50% of these costs. The client owes 100% of the total agreed principal if he does not use the agreed services of Emvision without cancellation.

Intellectual Property Rights

  1. Emvision reserves the rights and powers that accrue to it under its intellectual property rights.
  2. If invoices from Emvision remains fully or partially unpaid, the client is in default without receiving a notice of default. An interest of 1% per month is payable on the unpaid amount.

Liability

  1. Any liability of Emvision, and of those who work for or on behalf of it, is limited to the amount that is paid out in the relevant case (including the client’s own risk) pursuant to the Emvision professional liability insurance. A copy of the policy with the conditions of professional liability insurance are available on request.
  2. If, for whatever reason, no insurance payment takes place under the professional liability insurance, the liability of Emvision towards the client is limited to the fee of the assignment to which the liability relates, with a maximum of € 5.000, -.
  3. Emvision will take due care when engaging third parties (such as lawyers, consultants, experts or service providers). Emvision is not liable for any errors or shortcomings of these third parties. In such a case, the client can only hold the engaged third parties liable and, if necessary, recover damages from these third parties.
  4. The client indemnifies Emvision against all claims (such as damages and legal claims) of third parties that are in the execution of the agreement between the client and Emvision, unless it concerns claims due to serious shortcomings of Emvision.

Juristiction

  1. The legal relationship between Emvision and the client, as well as those who make use of its services, is governed by Dutch law. Disputes will only be settled by the competent court.

Disputes

  1. If Emvision and the client has a dispute arising from this agreement, they are obliged first to try to resolve this dispute in consultation and if this fails, to make use of mediation.