GENERAL TERMS AND CONDITIONS
How nice that you are interested in Binge Marketing. Of course I have tried to describe all products and services as clearly as possible, and we all make sure that we are happy with the agreements we make. I have therefore laid down a number of subjects in the general terms and conditions. If exceptions are made to these, then this will be agreed upon in the order confirmation.
1. These conditions apply to all offers and agreements of Carlijn Postma BV (hereafter referred to as Carlijn Postma).
2. Deviations from these conditions are only possible if agreed in writing.
3. An agreement is formed when the client accepts an offer from Carlijn Postma. Carlijn Postma will send the client an agreement as confirmation, which must be signed and returned within five days of receipt.
4. Additional work requested by the Client, which is not part of the Agreement, will be charged separately to the Client by Carlijn Postma. Additional work is understood to mean: all services and deliveries that Carlijn Postma performs for the Customer outside the scope of the order confirmation.
Prices and payment
5. All prices are exclusive of VAT and inclusive of travel and accommodation costs, unless stated otherwise.
6. The Client must pay the total agreed fee no later than 10 days before the first performance date.
7. If the Customer fails to pay, or fails to pay on time, the Customer is legally in default and Carlijn Postma is entitled to suspend performance of its obligations under the agreement, or to dissolve the agreement, without prejudice to Carlijn Postma’s right to compensation.
Provisions regarding the work of Carlijn Postma:
8. The Principal will ensure that the location where the services of Carlijn Postma are required is suitable in all respects. The Principal is liable for any damage suffered by Carlijn Postma as a result of the location being unsuitable.
9. The number of persons mentioned in the Agreement that are present at the performance of Carlijn Postma as participants/visitors is binding. If this number is exceeded by more than 50%, Carlijn Postma has the right to either refuse the performance in front of more people than agreed, or to attach further conditions to the performance.
Absence of Carlijn Postma:
10. If Carlijn Postma is unable to appear due to illness, an emergency, an important obligation or professional responsibility or other unforeseen circumstances or impossibilities, Carlijn Postma will:
-in consultation with the Principal, move the performance to another date;
-if possible, arrange for a substitute in consultation with the Principal, whereby any additional or lesser cost will be discussed with the Principal in advance; or – if Carlijn Postma and the Principal are unable to perform, Carlijn Postma will arrange for a substitute to perform.
-if Carlijn Postma and the Client do not reach an agreement, terminate the agreement while refunding any advances paid.
11. If Carlijn Postma arrives late at the event and gives the lecture after all, full payment of the rate applies.
12. Carlijn Postma is not obliged to compensate the Customer for any damage which the Customer suffers as a result of Carlijn Postma being unable to attend or absent on time.
13. The Client may cancel the agreement in whole or in part before or no later than the agreed date of performance, in which case it will owe the following cancellation fees:
– Up to 7 days before or on the first day of execution of the agreement: 100% of the agreed fee;
– 8 to 15 days before the first day of execution of the agreement: 50% of the agreed fee;
– 16 to 30 days or more before the first date of execution of the agreement: 25% of the agreed remuneration.
14. Carlijn Postma is entitled to terminate the agreement with immediate effect if the Client
– fails to meet its obligations.
– petitions for bankruptcy or is declared bankrupt
– applies for or is granted a moratorium on payments
– sells his company or liquidates it.
15. Notice of termination of the Agreement must be given in writing.
16. All assignments can be mentioned with the name of the Client and the name of the speaker in communications from Carlijn Postma, unless the Client explicitly states that it does not want this.
17. Information on the website of Carlijn Postma, including photographic material may be used by the Client for the promotion of the event. Carlijn Postma can supply more material (photos, press kit) on request. The conditions will be agreed separately.
18. Recordings (sound and/or film) of the contribution of Carlijn Postma may only be made in consultation with Carlijn Postma.
The name and photos of Carlijn Postma may not be used for promotional purposes other than the event itself (for example to promote a product or service).
20. The Customer must report any defects in the performance of the agreement to Carlijn Postma within a reasonable period of time, but in any event within 5 days of the planned date on which the relevant service was to be provided.
21. Carlijn Postma accepts no liability to third parties for damage of any kind, regardless of the cause, except due to malice or gross negligence by Carlijn Postma. The Client indemnifies Carlijn Postma against claims from third parties in connection with the execution of the Agreement.
22. Any liability of Carlijn Postma is limited to the agreed amount.
23. Dutch law applies to all agreements.
24. All disputes arising from the agreements between the parties, including the mere collection of the amount owed, will be submitted exclusively to the court in Amsterdam.