1. General
The General Terms of Service shall apply to all offers, work, quotations and agreements for (organizational) consultancy, coaching and training as well as other forms of professional services between MTcompany and clients, or their legal successors, unless otherwise agreed in writing. MTcompany is a trade name of MT Company Holding BV. By entering into an agreement, the client acknowledges knowing and accepting these general terms and conditions. General terms and conditions of the client do not apply either independently or in conjunction with these general terms and conditions.
2. Tenders
Quotes by MTcompany are based on the information provided by the client. The client guarantees that, to the best of his knowledge, he has thereby provided all essential information for the design and execution of the assignment. MTcompany shall perform the services to be provided by it to the best of its knowledge and ability and in accordance with the requirements of good workmanship. MTcompany offers are valid for 30 days unless otherwise stated in the offer. As long as the offer has not resulted in an assignment, MTcompany reserves the right to deploy the capacity elsewhere. If this right is exercised by MTcompany, the potential client will be notified within two working days. The work to be performed by MTcompany shall be considered a “best efforts obligation” unless otherwise agreed. After signing the quotation, the client has 7 working days for reflection. After the 7 days, our cancellation policy applies.
3. Assignment acceptance
MTcompany accepts only those assignments, for which it has the qualifications. MTcompany’s employees to be deployed in an assignment must be able to work on that assignment in an efficient manner through knowledge, experience and personal attributes. Both clients and MTcompany may, by mutual agreement, request employees other than those initially charged with carrying out the assignment, provided that this is not at the expense of quality and continuity. In order for the performance of the assignment to proceed properly and as far as possible in accordance with the timetable, the principal shall provide MTcompany with all documents and data required in a timely manner.
4. Staff
MTcompany may, in consultation with the principal, change the staffing of the assignment if it deems it necessary for the performance of the assignment. The change must not reduce the quality of the services to be provided or adversely affect the continuity of the contract. A change in staffing may also be made at the request of the client in consultation with MTcompany.
5. Rates and costs of the assignment
With regard to the rates and the cost estimates based thereon, the quotation will state whether it includes material costs, travel costs, travel and accommodation costs and other assignment-related costs. To the extent these costs are not included, they may be charged separately. Prices do not include VAT. An interim change in the level of wages and costs that requires MTcompany to adjust rates or adjust other cost allowances mentioned above shall be passed on.
6. Payment Terms
a. The fee as well as costs, as mentioned in Article 5, and to the extent that they are not included in the rates, will be charged in advance, unless otherwise agreed upon. Payment must be made within fourteen days from the date of the invoice. If the client has not paid within fourteen days of the invoice date, the client shall be deemed to be in default by operation of law without any summons or notice of default being required and legal interest may be charged.
b. If payment is not made, MTcompany may, relying on the uncertainty exception, suspend the performance of the assignment or declare the contract wholly or partially terminated by registered letter, without prejudice to MTcompany’s right to full compensation.
c. MTcompany shall always be entitled, both prior to acceptance of an assignment and in the interim, to require security from the principal for the payments agreed in connection with the assignment. In addition, the principal shall, at MTcompany’s first request, provide advance payments or guarantees if the assignment entails MTcompany entering into financial obligations in its own name towards third parties.
d. If the client is in default or otherwise fails to fulfill one or more of his obligations, all reasonable costs for obtaining satisfaction shall be borne by him, both judicial and extrajudicial. If the order is issued by more than one client, all clients are jointly and severally liable for the fulfillment of the obligations specified in this article (regardless of the ascription of the invoice).
7. Modification of the order, c.q. additional work
The parties may agree in the interim to expand or change the approach, method or scope of the assignment and/or the resulting work, on the understanding that changes cannot result in a reduction of the originally agreed scope of the assignment. The client accepts, that the time schedule may be affected by said changes or extensions.
8. Interim termination of assignment
MTcompany shall be entitled to withdraw from an assignment if, on account of circumstances beyond its control, proper performance of the assignment is impeded (force majeure). In such event, the principal shall owe MTcompany remuneration in proportion to the work performed to date.
9. Cancellation
For in-company trainings, it is possible to cancel free of charge up to 30 days before the start of the training. After that time, the client shall owe 100% of the agreed quotation amount.
10. Confidentiality
MTcompany shall exercise such care with respect to the use of information provided or coming to its knowledge in the training relationship as may reasonably be required. In general, information of a confidential nature can be used only when the interests of mission performance so require. In transmitting that information, care will be taken to ensure that it is not traceable to the source, if this could have adverse consequences for them. Data collected in the confidential sphere from employees of the client will be passed on to others only if its use has been communicated in a timely manner to the information provider and the latter has shown no objection.
11. Intellectual property
Models, techniques, tools, including software, used in the performance of the assignment and included in the training or education are and shall remain the property of MTcompany. Disclosure may therefore be made only after obtaining the written consent of MTcompany. The client is of course entitled to reproduce documents for use in his own organization, to the extent appropriate to the purpose of the assignment. In the event of interim termination of the assignment, the foregoing shall apply mutatis mutandis.
12. Liability
a. MTcompany shall not be liable to the principal for any damage which may be caused to the principal or its employees during the performance of the assignment by MTcompany or by any other person who has performed work in that context at the request of or in cooperation with MTcompany, unless there is intent or gross negligence.
b. In the event that a third party suffers loss as a result of the acts or omissions of MTcompany or a third party which has been engaged, and either such third party holds MTcompany liable in that respect, or such third party holds the principal liable in that respect and the latter wishes to take recourse against MTcompany, the parties shall agree that such loss shall ultimately be borne by the principal, unless there has been intent or gross negligence on the part of MTcompany.
13. Complaints
a. Complaints can be sent in writing to Sint Willibrordusstraat 10, 1074 XL, Amsterdam ovv Klacht.
b. If the complaint is justified and the client has paid for the training, the amount collected or paid will be refunded to the client’s account within 10 business days.
c. If a complaint is accepted, the principal shall in any event grant MTcompany a reasonable period of time, to be determined by mutual agreement, to remedy the defect.
d. Complaints shall not entitle the principal to suspend payment of amounts due to MTcompany. MTcompany’s obligation to remedy any defect shall not arise until payment has been made in full.
e. In the absence of complaint within the said 7-day period, the client shall be deemed to have accepted the goods or services, to the extent possible. Under no circumstances shall the principal be able to assert any claim against MTcompany after the principal has put into use or redelivered to third parties a delivered work or part thereof.
f. MTcompany shall not be liable for defects in any data or materials supplied by the client, nor for the consequences of such defects.
14. Applicable law and competent court
a. All contracts with MTcompany shall be governed by Dutch law.
b. All disputes related to contracts to which these terms and conditions apply shall be settled by the competent court in the canton or district where MTcompany has its registered office.
