Disclaimer
General mediation and sales conditions for clients of the Tolken Centrale, hereinafter referred to as DTC
1. General
"Client" is taken to mean all natural or legal entities making use of or requesting detailed information regarding mediation by DTC. "Persons deployed" is taken to mean those persons brought into contact with the (prospective) client through mediation by DTC.
2. Validity
These conditions apply to all our offers, communications, acceptance and contracts, unless and insofar as we declare otherwise in writing. They always have prevalence above any comparable conditions of the client or persons deployed, which are hereby not accepted and are officially rejected in writing.
3. Offers
All offers, quotations and prices given by DTC are completely free of obligation.
4. Confidentiality
All information regarding DTC must be treated as confidential by the client and persons deployed.
5. Contracts
DTC is obliged to fulfil the contract with the client on the one hand and the person(s) deployed on the other, but only after it has been confirmed by DTC in writing. DTC regards the confirmation by the client and person(s) deployed to have been signed for acceptance if no reaction is received within 48 hours.
6. Mediation/Supply
Confirmation by DTC results, in principle, in a working contract between the client and person(s) deployed. It does not constitute any form of employment for any party. Person(s) deployed are personally responsible for payment of taxes and social security contributions. The person(s) deployed for the client through mediation of DTC will carry out such work for the risk of the client. Damage to persons or objects caused by the person(s) deployed is for the risk and account of the client. (Dutch Civil Code).
7. Working hours
The working hours of the person(s) deployed begin when he/she leaves his/her place of residence, unless he/she lives in the same municipality in which the work is to be carried out. Hostesses are employed for a minimum working period of four hours.
8. Liability
DTC or the person(s) deployed cannot be held liable for any damage suffered by the client as a result of mistakes, ommissions, incorrect word use or other errors, unless either party can be said to be in serious personal default. The amount of compensation claimed by the client may never exceed the costs of the interpretation work. Ambiguity of the texts to be translated or a representation, made orally or in writing to the best knowledge of the person(s) deployed, but otherwise intended by the client, exempts the person(s) deployed from any form of liability. Missing equipment, such as microphones, infra red beamers, receivers, headsets etc. will be settled with the client at the replacement value. Damage to DTC incurred through gross negligence or malpractice by the person(s) deployed, will be claimed by DTC from the person(s) deployed in question.
9. Force majeure
If in the event of force majeure, the person(s) deployed is unable to carry out his/her/their assignment, neither DTC nor the person(s) deployed can be held liable for this. Force majeure is taken to mean war, uprising, restrictive measures by governments at home and abroad, strikes, fire, traffic congestion, sabotage, hostility and generally all foreseen circumstances as a result of which we cannot reasonably be expected to comply with the contract.
10. Claims
Any claims must be made in writing by registered post to DTC within eight days of the actual or alleged grounds for claims becoming known.
11. Payments
Payments must be made by the client to DTC within two weeks of the invoice date. DTC Is entitled to charge a 2% surcharge of the invoice amount, per month, for all payments made after the two week period. If the outstanding debt is rendered collectible by a third party, it will be increased by all costs incurred, including interest of 2% of the invoice amount per month, with a minimum of € 175. DTC retains the right to demand a deposit from the client. This deposit will be deducted from the final payment by the client to DTC. The client is not permitted to make direct payment for services rendered, to the person(s) deployed. All expenses, such as travel, accommodation and parking costs, will be charged on to the client without further surcharge. All debt collection costs, both judicial and extrajudicial, will be for the account of the client. These amount to a minimum of 15% of the debt to be collected.
12. Competition clause
For a period of 24 months, client shall refrain from granting assignments directly to former person(s) deployed, counting from the time that the person(s) deployed was brought into contact with the client by DTC, or following termination of an (ad-hoc) cooperation. If the client is approached by a former person deployed within this given period, known to him via mediation by DTC, he is obliged to refer this person deployed to DTC. In the event of violation of the conditions of this article, the client shall be liable to a penalty of € 1000 per violation, increased by € 1000 for each day that the violation continues, without prejudice to DTC's right to claim full compensation. The terms of the above sentence also apply, vice versa, to the person(s) deployed.
13. Regular employment
If during the period described in article 11, the client and/or person deployed wishes to undertake a regular employment contract with a person deployed or client, respectively, DTC will grant exemption from article 11 upon payment of a mediation fee by the client, for the amount of 20% of the gross annual salary agreed by parties. When this request is made jointly to DTC, each party will pay 10% of the agreed gross annual salary as a mediation fee.
14. Cancellations
If the oral or written contract must be cancelled, for whatever reason whatsoever, the following conditions for cancellation apply:
I. Interpreting services and person(s) deployed
a) 50% of the agreed total sum if DTC is informed of the cancellation in writing less than 3 months prior to commencement of the assignment.
b) 75% of the agreed total sum if DTC is informed of the cancellation in writing less than 2 months prior to commencement of the assignment.
c) 100% of the agreed total sum if DTC is informed of the cancellation in writing less than 1 months prior to commencement of the assignment.
II. Other
a) 100% of the rate for contracts between DTC and third parties which apply to the cancelled contract between the client and DTC.
15. Law
These conditions are covered by Dutch law. The presiding judge of the Courts of Leiden shall judge any claims arising from disputes betwen parties. This article also counts as a reference as indicated in article 17 of the EEC Executive treaty.
