Sandco Terms & Conditions - 2018
Definitions and general terms
- Sandco (Sandrine Coosemans) is a sole trader registered with the Dutch chamber of commerce – KvK number 5721 733. VAT: NL 4089 73 177 B01. Address: Vaartkade 43, 1506 DZ Zaandam (the Netherlands)
- The client is the person or organization that has accepted Sandco’s offer.
- These terms and conditions apply to all agreements between client and Sandco.
Potential exceptions and changes shall be agreed upon by both parties in writing.
All contracts and agreements between said parties will only apply to the Sandco terms and conditions (unless otherwise agreed upon in writing).
- The agreement is concluded upon acceptance of Sandco’s proposal by the client. It is valid indefinitely.
- Specific conditions for specific assignment will be discussed in said proposal.
- Sandco will carry out any assignment to the best of her knowledge and ability
- Sandco may outsource parts of her work to third parties, insofar as the confidentiality of the assignment is not compromised – and only if this benefits the execution of the agreement.
- Sandco is free to work for third / other parties, unless this adversely affects her performance.
- Dutch law applies to these terms and conditions, as well as all agreements to which they relate. All disputes relating to these agreements between the client and Sandco shall be settled by the adequate court in Amsterdam, the Netherlands.
- Services will either be performed by Sandrine Coosemans herself, or subcontracted to other experts in the fields when Sandco deems this appropriate. Sandco will not need additional approval from the client in order to subcontract. The client will be informed of who is working on the service before it gets subcontracted + at any time upon simple request.
Invoicing and payment
- Sandco will invoice the client with all necessary taxes, and the client will not be subjected to payroll tax or social contributions as a consequence of the work performed by Sandco.
- Sandco will send an invoice every month.
Packages will be invoiced before the start of the month (advance payment). Payment must be in her bank or PayPal account at least 7 days before start of the assignment. Any additional hours, costs or work will be billed on the first working day of the following month.
- The client will pay Sandco’s invoice within 7 calendar days of the invoicing date.
- Method of payment will be agreed upon in writing. Possible methods of payment are bank transfer, PayPal, credit card or TransferWise.
- Sandco’s remuneration is based on either an hourly rate or all-in package for a certain assignment or amount of work.
- Necessary travel expenses or other costs will be charged separately, according to the current rate. Sandco will not engage in travel or other spending unless agreed upon in advance.
- All amounts mentioned exclude taxes, unless explicitly agreed on otherwise.
- Invoices will be sent out in Euro.
- Once the payment has been made and Sandco has started the work, it isn’t possible to get a refund. If at any time the client feels they’re not getting what they pay for, they are to get in touch with Sandco immediately to discuss this.
Termination of or changes in the agreement
- If the end date of the agreement is not specified, it can be terminated by either client or Sandco, with a 14 days notice period. Cancellation of the agreement happens by e-mail.
- If the client fails to fulfil their obligations, in case of bankruptcy or lack of payment (after due summon by Sandco), or if the company ceases to exist, Sandco has the right to suspend the execution of the agreement without summation or judicial intervention, until all bills have been paid and all conditions of the agreement met. Sandco will not owe any damages to the client in any of these cases.
- Any change in the original assignment of any kind is subject to a separate agreement in writing.
- Disease and temporary or permanent incapacity to work (force majeure) by Sandco, relieves Sandco from fulfilling the assignment within the agreed delivery period. In this case, the client will not be entitled to compensation for costs, damages or interest. Sandco will inform the client immediately.
Copyright, confidentiality, liability
- Sandco will be careful regarding the custody and use of items, digital tools and information entrusted by the client. Sandco is not liable for damage or loss of information during shipment or storage, unless caused by her own reckless behaviour or neglect. The client indemnifies Sandco for all claims of third parties arising out of or relating to the damage or loss of information as intended herein.
- Sandco will keep confidential information and company or client data with the highest degree of care and confidentiality, unless required by law to disclose certain information. The client can request to be informed of the way their information is stored at any time during the cooperation.
- If the client provides any materials to Sandco, the client indemnifies Sandco for all consequences of use or reproduction of said materials as part of the agreement.
- All intellectual property rights of text, image or film created by Sandco shall remain with her (unless otherwise agreed in writing).
- All liability for damage resulting from inadequate or non-timely execution of the work shall be limited to and excluded above the amount paid by the client for the work at hand.
- Sandco is not liable for damage due to inadequate or non-timely execution of the work, unless this is due to intent, neglect or recklessness.
- Any complaints must be lodged in writing within 14 days after completion of the assignment.
- Sandco is not liable for consequences of errors or lack of clarity in the assignments or the materials provided by the client.
Working hours and rates
- Sandco will keep track of her hours and costs, and make a report available to the client upon simple request (in writing). This does not apply if the agreement is based on a package rate.
- All working times are rounded up to quarters of an hour.
- Sandco chooses her own working hours. If she is asked to work evenings, weekends or European holidays at the client’s explicit request, these hours can be charged at 150% of the usual hourly rate – or they will count for 1,5-hour credit in a retainer package.
- Sandco’s rates may be changed at any time, with at least 1 months’ notice. Unless the client objects to the changes within a period of 14 days from the announcement, the changes will be applied in the first invoice of the following month.
- If the agreement applies to a fixed amount or a fixed number of hours, Sandco can perform more hours or spend more than mentioned in the agreement, if necessary for the proper execution of the contract. The client will be informed of these additional activities prior to performing them. Unless the client responds to this notice timely, Sandco is entitled to complete the work in full and charge the additional hours or amount to the client.