Content Collectiv operates according to the following guidelines and general terms and conditions regarding assignments.
Considering
Content Collectiv, hereinafter referred to as the Contractor, is working as an entrepreneur, performing marketing activities on their own account and risk, and is registered with the Chamber of Commerce in The Hague under number 60767405;
- When an invoice is sent, it is always the result of a verbal or in-writing agreed assignment.
- Upon approval of a quotation, the Client owes the Contractor a fee of the agreed amount excluding VAT
- The Contractor will perform the activities at their discretion, expertise, and planning following the work situation.
- The notice period is always 2 months at Content Collectiv, unless otherwise agreed.
- The parties expressly do not wish to enter into an employment contract or a similar relationship.
- The parties have set out the conditions under which they wish to enter into this Agreement as follows.
Article 1. Assignment activities, General Terms and Conditions
- By approving the quotation, the Client assigns the Contractor to perform the mentioned activities as per the already stated period (see article 2.)
- The quotation is provided free of charge.
- The activities are carried out independently by the Contractor at a location of choice (home base, office, or flexible workspace).
- The Contractor independently schedules their activities, however, in coordination with the Client, to ensure optimal collaboration with others if necessary. If necessary for the activities, the Contractor adheres to the working hours at the Client’s site as discussed for parts of the quotation (photo sessions, offline marketing activities).
- The Client provides the Contractor with all authority and information needed for a proper execution of the assignment.
- The Contractor is in no way under the authority of the Client. Instructions or directives are limited exclusively to the location of the activities and/or the times.
- The agreement is subject to the conditions regarding the activities as stated in the Contractor’s quotation or invoice. Provisions herein apply, unless deviated from in this Agreement.
Article 2. Duration of the Agreement, (interim) termination
- The Agreement is entered into for a specific period which is preferably agreed in writing, but in some cases verbally. Assignments always last for 6 months, unless agreed otherwise in writing.
- After the 6 months, the agreement is tacitly renewed, with a notice period of 2 months.
- Interim termination with immediate effect by registered letter is possible in case the Client fails to meet their debts, and in case of (a strong suspicion of) bankruptcy, (provisional) suspension of payments, an underhand agreement with creditors, liquidation, or cessation of the business or if the other party becomes seriously commercially disreputed.
Article 3. Extension, replacement
- Parties can extend the activities for a new period in writing, verbally, or tacitly (see article 2); any change in conditions will be recorded in writing.
- In the event of prolonged hindrance or force majeure, the Contractor is authorized to appoint a substitute for the execution of the agreed activities, provided this person possesses all required qualifications and the Client agrees with the substitute. If the Contractor is unable to introduce a substitute reasonably acceptable to the Client, the Client is entitled to terminate the assignment immediately.
Article 4. Compensation
- The Client owes the Contractor the compensation in accordance with the quotation or invoice.
- Additional costs outside the original proposal or increasing the package are invoiced separately.
- The Contractor reserves the right to increase prices, provided they are communicated to the Client 4-6 weeks in advance. In this case, the Client has the right to dissolve the agreement with an adjusted notice period of one month.
- If advertising costs are included in the quotation and/or invoice, a commission may be incorporated for the Contractor. This is incorporated in the price.
- In this case, the Client has the right to dissolve the agreement with an adjusted notice period of one month.
Article 5. Payment
- In the last week of the month or on the last day of each month, the Contractor sends an invoice to the Client, based on the quotation approved by the Client.
- The Client ensures payment of the invoice within 14 days of the invoice date to account number: NL21 INGB 0006 5138 71. For each overdue invoice, the Client owes an interest of 1.5% per month, part of a month counted as a whole month. All costs associated with collection are borne by the Client.
- Payment is made without deduction, set-off, discount, or suspension.
Article 6. Quality control
For reasons of continuity and quality, regular consultations between the Contractor and the Client about the progress and execution of the work take place during the Agreement. These are defined in the quotation as meetings, analyses, or evaluations.
Article 7. Limitation of liability
The Contractor is not liable for material, emotional, or economic damage caused by their actions or those of their substitute, unless this is caused by intent or gross negligence of the Contractor or their substitute. In this case, the Contractor is only liable for direct damage up to a maximum amount of 50% of the contract value.
In the case of advertisements, social media statements, websites, and/or offline expressions (posters, flyers, etc.) that are delivered by or created with the involvement of the Contractor, the control and final responsibility rest with the Client.
Article 8. Confidentiality
- The parties are obliged to keep all knowledge, data, and information regarding each other confidential, insofar as this knowledge, information, and data have been provided confidentially or have an obvious confidential character.
- The obligation of confidentiality applies both during the duration of the Agreement and after its termination, for whatever reason.
Article 9. Applicable Law
Any disputes arising from this Agreement or further agreements that may result from it will, insofar as the law does not prescribe otherwise, be submitted to the competent court in Maastricht.
By approving the quotation or confirming receipt of the invoice, the Client indicates that they have taken note of the general terms and conditions and agree with them.
Last updated: 10-11-2023