Terms and conditions
Article 1. Definitions
1.1. These terms and conditions shall use the following terms in the following meaning, unless expressly stated otherwise or shown otherwise in the context:
- StoryManagement: the user of these terms and conditions: Erik Mathlener, based at Hoofmeester 32 in Winsum, registered with the Chamber of Commerce under Chamber of Commerce number 01149200;
- customer: the natural or legal person who enters into an agreement with StoryManagement;
- agreement: the agreement between StoryManagement and the customer;
- participant: the person who takes part in an activity;
- activity: a training, workshop, webinar, presentation, consultation, coaching program, etc., provided by StoryManagement;
- employee: the natural person who executes the agreement on behalf of StoryManagement;
- materials: all advice, concepts, quotations, teaching and presentation materials, books or (electronic) files developed or made available by StoryManagement;
- website: an internet website that is owned and managed by StoryManagement, including www.storymanagement.nl.
Article 2. General
2.1. These terms and conditions apply to all quotations, offers and agreements regarding the performance of work by StoryManagement to the customer and also to all (other) legal actions between StoryManagement and the customer, including negotiation and other pre-contractual situations.
2.2. These terms and conditions also apply to all agreements with StoryManagement for the implementation of which third parties are to be involved.
2.3. The applicability of any purchasing or other terms and conditions of the customer is explicitly rejected.
2.4. If one or more provisions of these terms and conditions are annulled or could be annulled, the other provisions of these terms and conditions shall continue to apply in full. The annulled or destroyed provisions will be replaced by StoryManagement, taking into account as much as possible the purpose and scope of the original provision(s).
2.5. If StoryManagement does not always require strict compliance with these terms and conditions, this does not mean that its provisions do not apply, or that StoryManagement would lose the right to require, in other cases, the prompt compliance with the provisions of these terms and conditions.
Article 3. Offers and quotes
3.1. All quotations made by StoryManagement are without obligation.
3.2. The customer guarantees the correctness and completeness of the requirements and specifications of the performance and other information given by or on behalf of him to StoryManagement on which StoryManagement bases its offer or quotation.
3.3. Obvious errors or mistakes on the website, in quotes, publications, e-mail messages or agreements of StoryManagement do not bind StoryManagement.
3.4. Everything that is delivered by StoryManagement in the context of a quotation remains the inalienable property of StoryManagement and must be returned by the customer immediately at StoryManagement’s first request.
Article 4. Realization of the agreement
4.1. The agreement is concluded when the customer has accepted StoryManagement’s offer in writing, by e-mail or orally or when the customer has explicitly agreed to StoryManagement’s offer in any other way.
Article 5. Cancellation and reschedule of an activity by customer
5. 1. The agreement reached cannot be cancelled unless the offer and/or agreement expressly agree otherwise.
5.2. If the customer wishes to reschedule the activity to another date and/or wants the activity to be given at a different location, StoryManagement has the right to charge the customer the additional costs that result from it.
Article 6. Reschedule an activity by StoryManagement
6.1. StoryManagement reserves the right to change the date, starting time and/or place of the activity in cases of force majeure, as defined in Article 15.
6.2. The customer and the participant shall be informed as soon as possible of the changes mentioned in Article 6.1 by telephone or e-mail.
6.3. If, in view of the situation, it is not possible to change the date/start time/location of the activity, for example because StoryManagement acts as a speaker at an event organised by the customer on a fixed date and location or because the force majeure situation takes place shortly before the start of the activity, then StoryManagement will do its utmost to find a replacement. If StoryManagement cannot find a suitable replacement in time, StoryManagement has the right to terminate the agreement due to force majeure. In such a case StoryManagement is not liable for any damage that the customer suffers as a result.
Article 7. Performance of the Agreement
7.1. Every agreement leads to an effort obligation for StoryManagement, in which StoryManagement is obliged to fulfil its obligations to the best of its ability, with due care and the necessary craftsmanship. StoryManagement does not guarantee that its work will achieve the desired result. Success depends in part on the cooperation of both parties, on the commitment of the participant and on circumstances over which StoryManagement cannot exert influence.
7.2. StoryManagement has the right to have the agreement (partly) executed by third parties.
7.3. StoryManagement will never be obliged to perform its activities that are contrary to its professionalism, a right of third parties, a legal obligation or what is appropriate in society.
7.4. If StoryManagement is unable to carry out work for the customer due to illness, the customer will be notified by telephone as soon as possible and the provisions of Article 6 apply.
Article 8. Implementation period
8.1. In the event that a deadline has been agreed between StoryManagement and the customer in connection with the performance of the work, this term is only an approximation. StoryManagement does not offer any guarantee with regard to agreed implementation terms and late implementation does not entitle the customer to compensation, dissolution of the agreement or suspension of any obligation towards StoryManagement.
Article 9. Customer obligations
9.1 The customer ensures that all data, items and facilities, of which StoryManagement indicates that they are necessary for the execution of the agreement, are provided or made available to StoryManagement in a proper, complete and timely manner. If the data, items and facilities required for the implementation of the agreement are not provided or made available to StoryManagement on time, StoryManagement has the right to suspend the implementation of the agreement and / or the additional costs resulting from the delay in accordance with the to charge the customer at the usual rates.
9.2. The customer must refrain from conduct that makes StoryManagement impossible to carry out the assignment properly.
9.3. The customer is obliged to immediately inform StoryManagement about facts and circumstances that may be important in connection with the implementation of the agreement. The customer must notify StoryManagement of changes to his personal data, such as a change of address and a change in his telephone number, if possible in advance, in writing or by e-mail.
9.4. The customer is obliged to ensure that the participant complies with the provisions of these general terms and conditions. The customer is responsible for the behavior of the participant who has registered for the activity.
Article 10. Activity
10.1 StoryManagement is authorized to deny a participant who misbehaves or otherwise unreasonably impedes or prevents the proper execution of the activity from further access to the activity. In that case, the agreed compensation remains fully due, without prejudice to StoryManagement’s right to compensation for any damage.
10.2. The participant is expected to actively participate in the activity.
10.3. The use of alcoholic drinks or drugs during an activity is not allowed.
10.4. Smoking at the location where the activity is given is not allowed.
10.5. During the activity, the participant should not be disturbed by incoming telephone calls, (text) messages, or e-mails, unless the participant has received permission from StoryManagement to do so.
10.6. If, for whatever reason, the participant or participants concerned are not and remain not present at the agreed place and time, the agreed fee remains payable.
10.7. Costs resulting from damage and / or destruction caused by participants will, insofar as they cannot be recovered from the perpetrator(s) themselves, be paid by the customer who registered the participants.
Article 11. Changes to the Agreement
11.1. If the agreement is amended or supplemented, it may have financial or other consequences. StoryManagement will inform the customer about this in advance, if possible.
11.2. StoryManagement has the right to adjust the program of the activity if it deems this necessary. The customer will be informed of this.
Article 12. Prices and rates
12.1 The prices and rates stated for the customer being a company are in euros and exclusive of VAT, unless explicitly stated otherwise.
12.2. The stated prices and rates for the customer being a consumer are in euros and including VAT.
12.3. StoryManagement has the right to adjust its prices and rates from time to time.
Article 13. Payment
13.1. The customer must pay the invoices received from StoryManagement within the payment term stated on the invoice.
13.2. If the customer does not pay the amount invoiced in advance on time, StoryManagement has the right to suspend the execution of the agreement until the fully outstanding invoice amount has been paid. StoryManagement is not liable for any damage suffered by the customer as a result of the suspension.
13.3. If the payment term is exceeded, the customer owes the statutory commercial interest, in accordance with Article 6: 119a of the Dutch Civil Code, from the date on which the amount owed has become due and payable until the time of payment. If the customer is a consumer, then the customer owes the statutory interest in accordance with Article 6: 119 of the Dutch Civil Code from the moment that the customer is in default. In addition, all costs of collection, after the customer is in default, both judicial and extrajudicial, are at the expense of the customer. At the customer being a company, the extrajudicial collection costs are set at 15% of the principal sum with a minimum of € 100. With the customer being a consumer, the extrajudicial collection costs are set at 15% of the principal sum over the first € 2,500, 10% of the principal sum over the next € 2,500 and 5% of the principal sum over the next € 5,000. with a minimum of € 40.
13.3. Payments made by the customer always serve to settle, in the first place, all interest and costs owed, and secondly, due and payable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice.
13.4. In the event of liquidation, bankruptcy or suspension of payment from the customer, StoryManagement’s claims and the customer’s obligations to StoryManagement will be immediately payable.
13.5. StoryManagement is authorized to suspend the issue of matters that it has with the customer in connection with the execution of an agreement until all outstanding invoices have been paid by the customer.
Article 14. Complaints
14.1. Complaints about the work performed must be reported directly to StoryManagement by the customer. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that StoryManagement is able to respond adequately.
14.2. After submitting the complaint, the customer must give StoryManagement the opportunity to investigate the validity of the complaint and, if necessary, give it the opportunity to still perform the agreed work.
14.3. The fact that StoryManagement will investigate a complaint does not imply that StoryManagement recognizes that the work performed is deficient.
14.4. Complaints do not suspend the customer’s payment obligation.
14.5. If the performance of the agreed activities is no longer possible or useful, StoryManagement will only be liable within the limits of article 18 of these terms and conditions.
Article 15. Force Majeure
15.1. StoryManagement is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure.
15.2. Force majeure includes in any case: weather conditions; natural disasters; theft; fire; terrorism, riots or war; obstacles by third parties; illness; traffic obstructions; traffic accident; strikes; Internet malfunction; energy failure; virus infection or computer hacking by third parties; data loss due to computer failure and government measures.
15.3. Force majeure should also be understood to mean a non-attributable third party shortcoming of a party engaged by StoryManagement.
Article 16. Termination of the contract
16.1. StoryManagement is entitled to dissolve the agreement if the customer does not fulfill his obligations towards StoryManagement and the customer has not complied with a notice of default sent. If compliance is permanently impossible, a notice of default can be omitted.
16.2. StoryManagement is also authorized to dissolve the agreement or have it dissolved if circumstances arise of such a nature that fulfillment of the agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if circumstances of such nature arise in another way that unaltered maintenance of the agreement cannot reasonably be expected.
16.3. StoryManagement is authorized to dissolve the agreement, if the customer requests suspension of payment or if it is granted to the customer, if the customer is declared bankrupt or a request is made, if the customer is unable to pay his debts, proceeds to terminate or liquidate his company, is placed under guardianship, or in the event that an administrator is appointed.
16.4. StoryManagement is not obliged to compensate any direct or consequential damage suffered by the customer in the event of termination of the agreement.
16.5. If the agreement is dissolved or StoryManagement suspends the execution of the agreement, the work that has been carried out up to the moment of the dissolution or suspension will be invoiced to the customer, without prejudice to StoryManagement’s right to compensation for damage caused by the dissolution or suspension. suspension, such as loss of sales.
Article 17. Confidentiality
17.1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
17.2. If, on the basis of a statutory provision or a court decision, StoryManagement is obliged to also provide confidential information to third parties designated by law or the competent court and StoryManagement cannot rely on a legal or recognized court in this regard or permitted right to change, StoryManagement is not obliged to pay compensation and the customer is not entitled to dissolve the agreement on the basis of any damage caused by this.
Article 18. Liability and prescription
18.1. All participants are personally liable for all damage caused to themselves or third parties during the activity.
18.2. StoryManagement cannot be held to compensate any damage that is a direct or indirect consequence of:
a. an event that is in fact beyond his control and thus cannot be attributed to his actions and / or omissions, as described, among other things, in Article 15;
b. any act or omission of the customer, its subordinates, or other persons employed by or on behalf of the customer.
18.3. The customer is responsible under all circumstances for the correctness and completeness of the data and documents supplied by him. StoryManagement is never liable for any damage that is (partly) caused by the data, documents and advice provided by the customer that are incorrect and / or incomplete or by following the instructions given by the customer. The customer indemnifies StoryManagement against all claims in this regard.
18.4. The information on the website may contain inaccuracies and / or typing errors.
18.5. The participant must at all times behave in accordance with the instructions and rules of conduct given by StoryManagement. If the participant refuses to follow these instructions or rules, the participant and the customer are responsible for any resulting damage.
18.6. StoryManagement does not accept any liability for damage, physical or mental or of any kind to the participants that is related to participation in the activity.
18.7. The participant is at all times responsible for the choices made, his own behavior and the consequences thereof, both during the time that the participant and StoryManagement spend together and afterwards.
18.8. StoryManagement is not liable for a wrong interpretation by the participant of the content of the activity.
18.9. StoryManagement can never be held liable for damage, loss, theft or the loss of property of the customer or the participant on the StoryManagement site or at the location where the activity is given.
18.10 StoryManagement is not liable for mutilation or loss of data as a result of transmission of the data with the help of telecommunication facilities.
18.11. StoryManagement cannot be held liable by the customer if the result arising from the work performed by StoryManagement does not meet the customer’s expectations.
18.12. StoryManagement is never liable for indirect damage, including consequential damage, loss of profit, missed savings, damage to reputation, fines imposed and damage due to business interruption.
18.13. If StoryManagement should be liable for any damage, StoryManagement’s liability is limited to the amount of the payment made by StoryManagement’s insurer. If, in any case, the insurer does not pay out or the damage is not covered by the insurance, StoryManagement’s liability is limited to the amount that the customer has paid for the service, at least to that part to which the liability relates.
18.14. The limitations of liability included in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of StoryManagement or its subordinates.
18.15. The customer must institute all legal claims within 1 year if the customer is not satisfied with the work or the actions of StoryManagement. If the customer does not act on time, the legal claim will lapse.
18.16 If the customer should be in default in the proper fulfillment of what he is obliged to do towards StoryManagement or act unlawfully towards StoryManagement, then the customer is liable for all damage on the part of StoryManagement that arises directly or indirectly.
Article 19. Intellectual property rights
19.1. Unless StoryManagement and the customer have explicitly agreed otherwise in writing, StoryManagement is and remains fully and exclusively entitled to the intellectual property rights that rest on the materials.
19.2. StoryManagement grants the customer the right to use the materials exclusively within and for the benefit of his own organization, but only after the customer has fulfilled all his (payment) obligations under the order.
19.3. Without prior permission from StoryManagement, the customer is not permitted to make the materials available for inspection, to disclose or to reproduce in any way whatsoever.
19.4. StoryManagement reserves the right to use the work carried out for the customer for its own promotion.
19.5. If the customer acts in violation of StoryManagement’s intellectual property rights, the customer is liable for all damage that StoryManagement suffers as a result.
19.6. The customer indemnifies StoryManagement against claims from third parties with regard to intellectual property rights on materials or data provided by the customer that are used in the execution of the agreement.
19.7. Without prior permission from StoryManagement it is not allowed to make video and / or sound recordings of the activity.
19.8. Without the prior consent of StoryManagement it is not allowed to reproduce texts, images, photos, etc. that are mentioned on the website in any way, or to use them for own commercial benefit, regardless of whether this concerns an exact copy or an adaptation of the original stated on the website.
Article 20. Applicable law and competent court
20.1. Dutch law applies to all agreements and legal acts between the customer and StoryManagement.
20.2. All disputes regarding agreements between the customer and StoryManagement will be settled by the competent court in the Netherlands within whose jurisdiction the location of StoryManagement is located. The customer being a consumer has the option within 1 month after StoryManagement has invoked this article in writing to choose the competent court according to the law.