Backup Hedi: Backup Hedi, Chamber of Commerce number 82057982, located in The Hague.
Customer: the person with whom Backup Hedi has entered into an agreement.
Parties: Backup Hedi en customer together.
Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Backup Hedi.
Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotes
Offers and quotations from Backup Hedi are without obligation, unless expressly stated otherwise.
An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed to this in writing.
Upon acceptance of a quotation or offer without obligation, Backup Hedi reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
Spoken acceptance of the customer only binds Backup Hedi after the customer has confirmed this in writing (or electronically).
All prices that Backup Hedi uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
All prices that Backup Hedi uses for its products or services, on its website or that are otherwise made known, Backup Hedi can change at any time.
The price with regard to a service is determined by Backup Hedi on the basis of the hours actually spent.
The price is calculated according to Backup Hedi’s usual hourly rates, applicable for the period in which it performs the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service provided by Backup Hedi, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
Backup Hedi is entitled to deviate up to 10% from the target price.
If the target price is more than 10% higher, Backup Hedi must inform the customer in good time why a higher price is justified.
If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
Backup Hedi has the right to adjust the prices annually.
Prior to its effective date, Backup Hedi will communicate price adjustments to the customer.
The consumer has the right to cancel the agreement with Backup Hedi if he does not agree with the price increase.
Consequences of not paying on time
If the customer does not pay within the agreed term, Backup Hedi is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
If the customer is in default, he also owes extrajudicial collection costs and any compensation to Backup Hedi.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Backup Hedi may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Backup Hedi’s claims against the customer are immediately due and payable.
If the customer refuses to cooperate in the implementation of the agreement by Backup Hedi, he is still obliged to pay the agreed price to Backup Hedi.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Backup Hedi against a claim against Backup Hedi.
The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
delivered goods that are necessary for the execution of the underlying agreement
matters of Backup Hedi which are present at the customer
goods delivered under retention of title
At Backup Hedi’s first request, the customer makes the policy of these insurance policies available for inspection.
When the parties have entered into an agreement with a service-providing nature, this only contains obligations of effort for Backup Hedi, not obligations of results.
Performance of the agreement
Backup Hedi performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Backup Hedi 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 any agreed advance by the customer.
It is the responsibility of the customer that Backup Hedi can start the execution of the agreement in a timely manner.
If the customer has not ensured that Backup Hedi can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Information provided by the customer
The customer makes all information, data and documents relevant for the correct execution of the agreement available to Backup Hedi in a timely manner and in the desired form 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, insofar as the nature of the agreement does not dictate otherwise.
If and to the extent the customer requests, returns Backup Hedi