GENERAL TERMS AND CONDITIONS KICK OFF – The Experience

E-mail: info@kickofftheexperience.nl
Website: www.kickofftheexperience.nl

Definitions

KICK OFF – The Experience: Jade Kloet Producties, established in Amsterdam, Chamber of Commerce no. 88007413.
Customer: the party which KICK OFF – The Experience has entered into an agreement with.
Parties: KICK OFF – The Experience and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of KICK OFF – The Experience.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices
All prices used by KICK OFF – The Experience are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
KICK OFF – The Experience is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
KICK OFF – The Experience has the right to adjust prices annually.

Payments and payment term
KICK OFF – The Experience may, at the conclusion of the agreement, require a payment in front up to 100% of the agreed amount.
The customer must have paid the full amount within 14 days, after after the agreement has been settled.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without KICK OFF – The Experience having to send the customer a reminder or to put him in default.
Customers of KICK OFF – The Experience (aswel fighters as visitors) can’t ask for a refund once the agreement is settled.
KICK OFF – The Experience reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment
If the customer does not pay within the agreed term, KICK OFF – The Experience is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to KICK OFF – The Experience.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, KICK OFF – The Experience may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of KICK OFF – The Experience on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by KICK OFF – The Experience, he is still obliged to pay the agreed price to KICK OFF – The Experience.
Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement
The customer waives his right to settle any debt to KICK OFF – The Experience with any claim on KICK OFF – The Experience.

Insurance
KICK OFF – The Experience hold the right to cancel their event(s) kick off retains all rights to cancel its events in case of force majeure. In that case customers can’t ask for a refund.

Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for KICK OFF – The Experience, not obligations of results.

Performance of the agreement
KICK OFF – The Experience executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
KICK OFF – The Experience has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.

Duty to inform by the customer
The customer shall make available to KICK OFF – The Experience all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, KICK OFF – The Experience will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by KICK OFF – The Experience and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Indemnity

The customer indemnifies KICK OFF – The Experience against all third-party claims that are related to the products and/or services supplied by KICK OFF – The Experience.

Complaints
The customer must examine a service provided by KICK OFF – The Experience as soon as possible for possible shortcomings.
If a delivered service does not comply with what the customer could reasonably expect from the agreement, the customer must inform KICK OFF – The Experience of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform KICK OFF – The Experience of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that KICK OFF – The Experience is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to KICK OFF – The Experience being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to KICK OFF – The Experience in writing.
It is the responsibility of the customer that a notice of default actually reaches KICK OFF – The Experience (in time).
Joint and several Client liabilities

If KICK OFF – The Experience enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to KICK OFF – The Experience under that agreement.

Liability of KICK OFF – The Experience
KICK OFF – The Experience is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If KICK OFF – The Experience is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
KICK OFF – The Experience is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If KICK OFF – The Experience is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from KICK OFF – The Experience shall, in any case, expire within 2 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution
The customer has the right to dissolve the agreement if KICK OFF – The Experience imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by KICK OFF – The Experience is not permanent or temporarily impossible, dissolution can only take place after KICK OFF – The Experience is in default.
KICK OFF – The Experience has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give KICK OFF – The Experience good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of KICK OFF – The Experience in the fulfillment of any obligation to the customer cannot be attributed to KICK OFF – The Experience in any situation independent of the will of KICK OFF – The Experience, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from KICK OFF – The Experience .
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which KICK OFF – The Experience cannot fulfill one or more obligations towards the customer, these obligations will be suspended until KICK OFF – The Experience can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
KICK OFF – The Experience does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions
KICK OFF – The Experience is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by KICK OFF – The Experience with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with KICK OFF – The Experience to third parties without the prior written consent of KICK OFF – The Experience.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Participants and visitors of KICK OFF – The Experience waive all rights with regard to the use of visual material made at an event or meeting of KICK OFF – The Experience in the broadest sense of the word.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what KICK OFF – The Experience had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where KICK OFF – The Experience is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 31 oktober 2022.