General Terms and Conditions
1. Definitions
a. Contractor CareerMirror: established in Amsterdam under Chamber of Commerce number 92160964
b. Client: the party with whom CareerMirror has entered into an agreement.
c. Parties: CareerMirror and Client together.
2. Applicability of general terms and conditions
a. These conditions apply to all quotations, offers, work,
agreements and provision of services by or on behalf of CareerMirror.
b. Parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.
c. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
d. These general terms and conditions also apply to any additional or follow-up orders.
3. Provision of information by the Client
a. The client shall make all information, data and documents relevant to the correct execution of the agreement available to CareerMirror in a timely manner and in the desired form and manner.
b. The client guarantees the correctness, completeness and reliability of the
information, data and documents made available, even if these originate from third parties, unless the nature of the agreement dictates otherwise.
c. If and to the extent the customer requests this, CareerMirror will return the relevant documents.
d. If the customer fails to provide the information reasonably requested by CareerMirror, or fails to do so in a timely manner or properly,
If information, data or documents are available and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours will be charged to the customer.
4. Force Majeure
a. If the parties are unable to fulfil their obligations under the Agreement, or are unable to fulfil them in a timely or proper manner, as a result of force majeure within the meaning of Article 6:75 of the Dutch Civil Code, those obligations will be suspended until such time as the parties are able to fulfil them in the agreed manner.
b. If the situation referred to in the first paragraph occurs, the parties have the right to
To terminate the Agreement in whole or in part and with immediate effect in writing,
without any right to compensation.
c. If CareerMirror has already partially fulfilled the agreed obligations when the force majeure situation occurs, CareerMirror is entitled to invoice the work performed separately and in the interim and the Client must pay this invoice as if it concerned a
individual transaction.
5. Rates and costs of the assignment
a. The work performed by CareerMirror will be charged to the Client based on time spent and costs incurred, unless the parties expressly agree otherwise, such as payment of a fixed price. Payment of the fee is not dependent on the result of the work unless otherwise agreed in writing. Travel time at
for the purpose of the work includes travel and any accommodation costs for the benefit of
activities are exclusive.
b. In addition to the fee, the expenses incurred by CareerMirror and the declarations of third parties engaged by CareerMirror will be charged to the Client.
c. CareerMirror will communicate price adjustments to the customer prior to their entry into force.
d. CareerMirror has the right to adjust prices annually.
6. Payment
a. Payment by the Client of the amounts owed to CareerMirror must be made within 14 days after the invoice date, without the Client being entitled to any deduction, discount, suspension or settlement, unless otherwise agreed. The day of payment is the day of
crediting of the amount due to the Contractor's account.
b. If the Client has not paid within the period referred to in the first paragraph, the Client will be in default by operation of law and the Contractor will be entitled to charge statutory (commercial) interest from that moment on and/or suspend ongoing work.
c. If Client has not paid within the period referred to in the first paragraph, Client is obliged to reimburse all judicial and extrajudicial (collection) costs actually incurred by CareerMirror. The reimbursement of the costs incurred is not limited to any costs award determined by the court.
d. All prices are exclusive of VAT and other government levies.
7. Execution of the agreement
a. CareerMirror will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
b. The agreement will be implemented in mutual consultation and after written agreement and payment of any agreed advance payment by the customer.
c. The involvement or engagement of third parties in the execution of the assignment by the client or by CareerMirror will only take place in mutual consultation.
8. Termination
a. Client and CareerMirror may at any time (interim) terminate the agreement with immediate effect without observing a notice period by means of a written notice to the other party. If the agreement ends before the assignment is completed, Client shall owe the fee in accordance with the hours specified by CareerMirror for work performed on behalf of Client.
b. If the Client decides to terminate the Agreement (interim), CareerMirror shall be entitled to compensation for any loss of occupancy incurred on its side that can be demonstrated, to compensation for any additional costs that CareerMirror has already incurred, and to compensation for costs resulting from any cancellation by third parties involved (such as - but not limited to - any costs relating to subcontracting).
c. If CareerMirror proceeds to (interim) termination, the Client is entitled to
CareerMirror's cooperation in the transfer of work to third parties, unless there is intent or deliberate recklessness on the part of the Client, as a result of which CareerMirror is forced to terminate the agreement. Condition for the right to cooperation as in
This member stipulates that the Client has paid all underlying outstanding advances or all invoices.
d. In the event that either party becomes bankrupt, applies for a suspension of payments or ceases business operations, the other party shall have the right to terminate the assignment without observing a notice period, subject to rights.
9. Intellectual property
a. The execution of the assignment by CareerMirror does not imply the transfer of intellectual property rights that rest with CareerMirror. All intellectual property rights that arise during, or result from, the execution of the assignment belong to CareerMirror.
b. The client is expressly prohibited from using the products containing intellectual property
proprietary rights of CareerMirror or products on which intellectual property rights are contained
property rights rest with regard to the use of which CareerMirror has acquired rights of use - including in this context in any case, but not exclusively: methods, advice, (model) contracts, reports, templates, macros and other intellectual products - to reproduce, disclose or exploit.
c. The client is not permitted to deliver the products referred to in the second paragraph without
prior written permission from CareerMirror to provide third parties, other than to obtain an expert opinion regarding the performance of the work by CareerMirror. In that case, the Client will impose its obligations under this article
to third parties engaged by him.
10. Confidentiality
CareerMirror and the Client undertake to treat all information and data of each other confidentially.
11. Liability
a. CareerMirror is liable for shortcomings in the execution of the assignment, insofar as these are the result of CareerMirror's failure to observe the care, expertise and professionalism that may be expected when providing advice in the context of the assignment in question. Liability for damage caused by an attributable shortcoming in the execution of the assignment is limited to the amount of the fee that CareerMirror has received for its work in the context of that assignment. For assignments that last longer than six months, a further limitation of the liability referred to here applies to a maximum of the invoice amount for the last six months.
Any form of consequential or indirect damage such as lost profits or losses incurred are excluded from compensation.
b. Any claims by the client in the sense referred to herein must be submitted within one year of discovering the damage, failing which the client shall have forfeited his rights.
c. The Client shall indemnify CareerMirror, its personnel and any third parties engaged by CareerMirror in connection with the performance of its obligations under this Agreement, against all claims by third parties for compensation for any damage (allegedly) suffered by these third parties, caused by or otherwise related to services provided by CareerMirror under this Agreement.
12. Amendment of general terms and conditions
a. CareerMirror is entitled to change or supplement these general terms and conditions.
b. Minor changes may be made at any time.
c. CareerMirror will discuss major substantive changes with the Client in advance as much as possible.
13. Applicable law
a. This agreement is governed by Dutch law.
14. Dispute resolution
a. All disputes which may arise as a result of the execution of this agreement or of subsequent agreements which may result therefrom, shall be submitted to the competent court in Amsterdam.
Created on May 21, 2024