Article 1 Definitions
Bedrijvengids Holland is a private limited liability company whose purpose is to map and commercially support businesses in the Netherlands.
In these General Terms and Conditions, "Customer" means: the natural person, legal entity, partnership of natural and/or legal persons, or the intermediary/representative acting on their behalf, who makes use of the Services of Bedrijvengids Holland as referred to in Article 1.4 of these General Terms and Conditions.
In these General Terms and Conditions, "Agreement" means: the legal relationship between Bedrijvengids Holland and the Customer, in the broadest sense.
In these General Terms and Conditions, "Services" means: all services provided to the Customer by Bedrijvengids Holland and/or by third parties engaged by it, including but not limited to: offering a business logo, publishing company content/location/opening hours online, unlimited advertising of the business, the use of data/SEO marketing/link building, a marketer providing marketing support, as well as all other work performed by Bedrijvengids Holland for the benefit of the Customer, of any nature, carried out within the framework of an assignment, including work not expressly requested by the Customer.
In these General Terms and Conditions, "Website" means: the website www.bedrijvengidsholland.nl
Article 2 Applicability of the General Terms and Conditions
These General Terms and Conditions apply to all Agreements concluded between the Customer and Bedrijvengids Holland under which Bedrijvengids Holland provides Services.
Deviations from these General Terms and Conditions are only valid if expressly agreed in writing with Bedrijvengids Holland.
The applicability of purchase or other conditions of the Customer is expressly rejected, unless expressly agreed otherwise in writing.
These General Terms and Conditions also apply to additional, amended, and/or repeated assignments from the Customer.
Bedrijvengids Holland is entitled to unilaterally amend these General Terms and Conditions, provided such changes are not unreasonably burdensome to the Customer. Bedrijvengids Holland will announce such changes within a reasonable period before they take effect.
Article 3 Formation of the Agreement
An Agreement between the Customer and Bedrijvengids Holland is concluded when the Customer signs the digital contract after registering via the contact form.
If Bedrijvengids Holland sends a confirmation to the Customer, this confirmation is decisive for the content and interpretation of the Agreement, subject to obvious errors or typos. Bedrijvengids Holland cannot be held to its offer if the Customer can reasonably understand that the offer, or part of it, contains an obvious mistake or error.
Once an Agreement has been concluded, it is valid for a period of twelve (12) months. The Customer can view the contract term via their own account.
Article 4 Performance of the Agreement
Bedrijvengids Holland will make every effort to perform the Services to the best of its knowledge and ability, in accordance with the requirements of good craftsmanship, and as much as possible in line with the written agreements.
If and insofar as proper performance of the Agreement requires this, Bedrijvengids Holland has the right to have certain work carried out by third parties, under conditions agreed in the Agreement. The applicability of Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code is expressly excluded.
The Customer must ensure that all information indicated by Bedrijvengids Holland as necessary—or which the Customer should reasonably understand to be necessary—for executing the Agreement is provided on time. If the necessary information is not provided in time, Bedrijvengids Holland has the right to suspend execution of the Agreement and/or charge the Customer additional costs arising from the delay, based on customary rates.
If a term has been agreed upon or specified for the execution of the Services, this term is never strict. If a term is exceeded, the Customer must put Bedrijvengids Holland in default in writing, granting a reasonable period to still fulfill the Agreement.
Article 5 Amendment of the Agreement
If during execution it appears that an amendment or supplement to the Agreement is necessary for proper performance, Bedrijvengids Holland and the Customer will consult in a timely manner to adjust the Agreement accordingly.
The non-performance or delayed performance of the amended Agreement does not constitute a breach by Bedrijvengids Holland and is no ground for the Customer to terminate or dissolve the Agreement.
Changes to the originally concluded Agreement are only valid once accepted in writing by both parties via a supplementary or amended Agreement.
Article 6 Suspension, Termination, and Interim Cancellation of the Agreement
Bedrijvengids Holland may suspend obligations or terminate the Agreement if the Customer fails to comply with obligations under the Agreement, fails to do so fully or on time, or if Bedrijvengids Holland has good reason to believe the Customer will not meet its obligations.
Furthermore, Bedrijvengids Holland may dissolve the Agreement if circumstances arise making performance impossible, or if unaltered continuation of the Agreement cannot reasonably be required.
If the Customer fails to fulfill obligations arising from the Agreement and such failure justifies termination, Bedrijvengids Holland may dissolve the Agreement immediately without any obligation to pay compensation.
Article 7 Costs, Fees, and Payment
All amounts stated in the quotation are exclusive of VAT, unless stated otherwise.
Bedrijvengids Holland has the right to correct obvious pricing errors. The Customer must immediately notify Bedrijvengids Holland of inaccuracies in payment details provided or stated.
The Customer must pay a one-time formatting fee of sixty euros (€60.00). From that same month, the Customer is also expected to pay the subscription costs of ten euros (€10.00) per month. The first month’s fee must be paid by bank transfer to the account number stated in the email.
After the first month, payment is made monthly via direct debit, for which the Customer has granted permission.
If the Customer fails to pay an invoice on time, the Customer is legally in default without the need for notice. The Customer then owes interest of 1.5% per month or part of a month on the outstanding amount, calculated from the date of default until payment in full. All costs incurred by Bedrijvengids Holland as a result of the Customer’s non-compliance are payable by the Customer.
Article 8 Liability
In accordance with Article 4.3 of these General Terms and Conditions, the Customer is responsible for providing correct and representative data and information necessary to execute the Agreement. Bedrijvengids Holland is not liable for damages, including due to incorrect orders, if the Customer has provided incorrect, unrepresentative, or irrelevant data.
Bedrijvengids Holland is not liable for consequences of exceeding deadlines under Article 4.4. Exceeding a deadline does not entitle the Customer to cancel Services or to refuse their receipt or payment.
Bedrijvengids Holland is not liable for errors or omissions of third parties engaged by it. By using the Services, the Customer authorizes Bedrijvengids Holland to accept, also on behalf of the Customer, any liability limitations stipulated by such third parties.
Bedrijvengids Holland is not liable for indirect damages, including but not limited to consequential damages such as business loss, downtime, missed savings, reduced goodwill, and lost profits.
Bedrijvengids Holland is not liable for failure or delay in fulfilling obligations under the Agreement if caused by force majeure as defined in Article 9.
The Customer is responsible for and manages their own dashboard, where company logo, content, opening hours, URL, and other information may be placed. Bedrijvengids Holland cannot be held liable for the content of this dashboard.
If Bedrijvengids Holland is held liable, it is only liable for direct damages actually suffered or incurred by the Customer due to demonstrable shortcomings by Bedrijvengids Holland, and such damage must be a direct and exclusive result of its actions.
Liability is limited to the amount covered and paid out by the insurer. If no insurance payout is made, liability is limited to an amount equal to the annual fee agreed in the Agreement.
This limitation does not apply in cases of intent or deliberate recklessness by Bedrijvengids Holland.
Nothing in this Article excludes liability insofar as liability cannot be limited or excluded by law.
Article 9 Force Majeure
Force majeure means: all external causes beyond the control of Bedrijvengids Holland, which make timely, complete, or correct performance impossible. This includes but is not limited to non-performance by a third party, illness of Bedrijvengids Holland’s staff or that of a third party.
In the event of force majeure, the performance of the Agreement is suspended for as long as the force majeure persists.
If the force majeure lasts three months or longer, both parties may terminate the Agreement without judicial intervention. In such case, Bedrijvengids Holland will refund any amounts already paid, minus costs incurred by Bedrijvengids Holland in connection with the Agreement.
Article 10 Warranty
Except as expressly stated in the Agreement and/or these General Terms and Conditions, Bedrijvengids Holland provides no other guarantees, commitments, or conditions regarding the Services.
The warranty provisions in these General Terms and Conditions do not affect the statutory warranty rights of the Customer.
Article 11 Confidentiality of Data
Both parties guarantee that all data received from the other party that is known or should reasonably be known to be confidential will remain secret. The receiving party will only use such data for the purpose for which it was provided. Data will in any case be considered confidential if designated as such by either party. Bedrijvengids Holland cannot be bound by this obligation if disclosure is required by court order, statutory provision, or necessary for proper performance of the Agreement.
Confidentiality applies both during the term of the Agreement and after its termination, unless prior written consent of the other party is obtained.
Parties undertake to comply with all obligations imposed on them under privacy legislation.
Article 12 Confidentiality of Data (Duplicate Article)
Both parties guarantee that all data received from the other party that is known or should reasonably be known to be confidential will remain secret. The receiving party will only use such data for the purpose for which it was provided. Data will in any case be considered confidential if designated as such by either party. Bedrijvengids Holland cannot be bound by this obligation if disclosure is required by court order, statutory provision, or necessary for proper performance of the Agreement.
Confidentiality applies both during the term of the Agreement and after its termination, unless prior written consent of the other party is obtained.
Article 13 Identity of Bedrijvengids Holland
Bedrijvengids Holland is registered with the Chamber of Commerce under number 72448369 and carries VAT identification number 8591.12.573.B.01. Its statutory seat and office are located at Noorddammerweg 17c, 1424NV de Kwakel.
Bedrijvengids Holland can be reached by email at info@bedrijvengidsholland.nl or by telephone at +31 (0) 640324509.
Article 14 Applicable Law and Competent Court
Dutch law applies to the legal relationship between Bedrijvengids Holland and the Customer.
All disputes arising between Bedrijvengids Holland and the Customer will be settled by the competent court of the Amsterdam District.
Article 15 Final Provision
In case of complaints, the Customer may send an email to info@bedrijvengidsholland.nl or report them by telephone at +31 (0) 640324509.
These General Terms and Conditions can be found on the Website and are attached to the confirmation email.