Terms & Conditions
virtual assistant services from
Liezel Glaubitz | VA-Wonder Virtual Assistant
Chamber of Commerce | KVK nr. 68855648
Hereinafter referred to as the Virtual Assistant or contractor for all assignments that have been mutually accepted orally, in writing (on paper or digitally), or by e-mail, the following conditions apply.
article 1
Applicability of these terms and conditions.
These terms and conditions apply to every proposal and every agreement, in writing (on paper or digitally) or by e-mail.
article 2
Proposals
1. All quotations and proposals of the Virtual Assistant are without obligation unless a period for acceptance has been set in the quotation. If no acceptance period has been set, the offer will always expire after 30 days.
2. An assignment is accepted on the basis of a project price or separate hourly rate. The project rate is determined in advance in consultation.
3. Prices stated in quotations and agreements are exclusive of 21% VAT and in euros unless explicitly stated otherwise.
4. In quotations and agreements, the order confirmation and execution are carried out on the basis of a best efforts obligation.
article 3
Execution of the agreement
The Virtual Assistant will carry out the work to the best of her knowledge and ability and in accordance with the requirements of good workmanship.
1. The client shall ensure that all data, which the Virtual Assistant indicates are necessary for the execution of the agreement, are provided to the Virtual Assistant in a timely manner. If the information required for the execution of the agreement has not been provided to the Virtual Assistant in time, the Virtual Assistant has the right to suspend the execution of the agreement and/or to charge the extra costs resulting from the delay.
2. The Virtual Assistant is not liable for damage, whatever its nature, caused by the Virtual Assistant relying on the incorrect information provided by the client.
article 4
Modification of agreement
1. If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The Virtual Assistant will inform the client of this as soon as possible.
3. If the change or addition to the agreement has qualitative consequences, the Virtual Assistant will inform the client in advance.
article 5
Secrecy
1. Both parties are obliged to maintain the confidentiality of all confidential information 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 results from the nature of the information.
2. After termination of the cooperation, the Virtual Assistant is prohibited from using information and customer contacts without the prior consent of the client. In case of violation of this article, an amount of 5000 Euros is immediately due and payable per incident, to be paid by the Virtual Assistant to the client.
article 6
Intellectual Property
The Virtual Assistant reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is brought to the knowledge of third parties. Think of the acquired knowledge of systems. The intellectual property of the knowledge remains the property of the client at all times.
article 7
Dissolvement of the agreement
1. The claims of the Virtual Assistant against the client are immediately due and payable in the event of bankruptcy or (provisional) suspension of payment of the client.
2. In the above-mentioned case, the Virtual Assistant is entitled to suspend the further execution of the agreement, or to dissolve the agreement, all this without prejudice to the right of the Virtual Assistant to claim compensation.
3. If a disagreement arises or the client or the Virtual Assistant is no longer satisfied with the cooperation/execution of work, both parties have the right to dissolve the agreement immediately.
article 8
Complaints; complaint periods
1. Complaints about the work performed must be reported by the client to the Virtual Assistant in writing or orally immediately after discovery, or at the latest one day after the completion of the work in question.
2. If a complaint is well-founded, the Virtual Assistant will still perform the work as agreed, unless this has become meaningless for the client in the meantime. The latter must be made known by the client. If the provision of the agreed services is no longer possible or useful, the Virtual Assistant will only be liable within the limits of Article 14.
article 9
Rates
1. The parties may agree on a fixed rate when the agreement is concluded. The rate is exclusive of VAT, travel hours, travel costs, and accommodation costs if otherwise indicated.
2. If no fixed rate is agreed upon, the rate will be determined on the basis of hours actually spent. The rate is calculated according to the usual hourly rates of the Virtual Assistant, applicable for the period in which the work is performed unless a different hourly rate has been agreed upon.
3. Any cost estimates are exclusive of VAT, travel hours, and travel and accommodation costs.
article 10
Payment
1. The invoicing of assignments carried out on the basis of an hourly rate or project price shall be carried out before a project commence.
2. Payments must be made within 7 calendar days after the invoice date and before the assignment/work commence. After the expiry of the period stated in the notice of default, the client is in default; from the moment of default, the client owes the statutory interest on the amount due and payable.
3. In the event of liquidation, bankruptcy, or suspension of payment of the client, the obligations of the client will be immediately due and payable.
4. Payments made by the client are always intended to settle in the first place all interest and costs due, in the second place due and payable invoices that have been outstanding for the longest time, even if the client states that the payment relates to a later invoice.
article 11
Collection Costs
If the client is in default of the fulfillment of one or more of its obligations, all reasonable costs for obtaining satisfaction in and out of court will be borne by the client.
article 12
Liability
1. The Virtual Assistant cannot be held liable by the client (or third parties) for damage resulting from the work carried out. The client is responsible for checking the delivered work for illegalities at all times.
2. The client is responsible for the decisions he makes, whether or not in response to advice from the contractor.
3. The limitations of liability included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the Virtual Assistant.
4. The Virtual Assistant is liable for the payment of social insurance contributions and wage tax due.
article 13
Force majeure
1. In the event of force majeure, which in any case includes domestic disturbances, strikes, mobilization, obstructions in transport, war, lockout, business disruptions, fire, or flooding, the execution of the agreement will be suspended. If the period in which, due to force majeure, fulfillment of the obligations by the Virtual Assistant is not possible and lasts longer than two months, both parties are entitled to dissolve the agreement without there being an obligation to pay compensation in that case.
2. If the Virtual Assistant has already partially fulfilled its obligations at the onset of the force majeure, or can only partially meet its obligations, it is entitled to invoice the already executable part separately and the client is obliged to pay this invoice.
article 14
Choice of law and competence
These general terms and conditions are governed by Dutch law. All disputes will be settled exclusively by the competent court in the District of The Hague.
