Terms and Conditions
This document contains the text of the general terms and conditions that apply to all requests, offers, orders and agreements between Speak UP! and its counterparties.
1. Speak UP!
Speak UP!, file number Chamber of Commerce Amsterdam; 75055988. The company has its office in Haarlem, Botermarkt 9F, 2011XL. The company is referred to in these conditions as Speak UP!.
These terms and conditions apply to the creation, content and performance of all agreements between Speak UP! and their counterparties. Further agreements, promises and statements by or on behalf of Speak UP! only bind them if they have been confirmed in writing by them. In the event of a conflict, these general terms and conditions explicitly exclude the application of all general terms and conditions - of whatever nature - from the other party.
3. Realization of the agreements
Agreements between Speak UP! and the other party arise through the signing of the appropriate quotation or registration form by the other party, or by (re) confirming the registration of the other party by Speak UP!. This is possible both in writing and by e-mail.
4A. Cancellation or suspension of assignments: training
In the event of cancellation or suspension of an agreed assignment by the client, no costs are involved up to a month before the start of the execution of this assignment. From one month to 14 days before the start of the assignment, the client owes 50% of the agreed price to Speak UP!. In case of cancellation or suspension after 14 days before the start of the execution of the assignment, the full agreed price is due. Speak UP! can suspend the execution of an assignment (eg due to illness of a trainer). In that case, the client has the choice between the dissolution of the agreement or the performance thereof at a later date to be determined in mutual consultation.
4B. Cancellation or suspension of assignments: coaching
In the event of cancellation or suspension of an agreed coaching assignment by the client, no costs will be incurred up to 2 working days before the start of the execution of this assignment. From two to one working day before the start of the coaching assignment, the client owes 50% of the agreed price to Speak UP!. In the event of cancellation or suspension after one working day before the start of the coaching, the client owes the full agreed price. Cancellation or suspension of the short-term coaching assignment can be done by telephone via the Speak UP! office number. Speak UP! can suspend the execution of an assignment (for example due to illness of a coach) In that case the client has the choice between the dissolution of the agreement or the execution thereof at a later date to be determined in mutual consultation.
4C. Cancellation or suspension of participation in Speak UP!
In the event of cancellation or suspension of an agreed participation in Speak UP! by the customer, no costs will arise up to a month before the start of the Speak UP! Speakers-Workshop and the subsequent Speak UP! event. From one month to 14 days before the start of the Speak UP! Speakers-Workshop, the customer owes 50% of the agreed price to Speak UP !. In case of cancellation or suspension after 14 days before the start of the Speak UP! Speaker-Workshop, the full agreed price is due. Speak UP! can implement a suspension of the Speak UP! event (for example due to illness of the production team, cameraman, DJ). In that case the customer has the choice between the dissolution of the agreement or the implementation thereof on a date to be determined in mutual consultation. The payment of the costs for attending the Speak UP! Speakers-Workshop however, will be maintained unless it has been canceled by the organisation.
Substitution or replacement by the client or Speak UP! will be permitted unless the assignment is so personal in nature that it does not relate to this.
The agreed price per assignment, day (part) or hour, is exclusive of VAT. expenses and travel and accommodation costs, unless stated or agreed otherwise. Agreed adjustment costs will be settled on the basis of actual costs.
7. Payment and collection
A payment period of 14 days applies to all invoices from Speak UP!, unless stated otherwise. If payment is not made after notice of default, the client will pay the statutory interest ex. Section 6: 119a of the Dutch Civil Code. The extrajudicial collection costs are set at 15% of the agreed sum with a minimum of € 150.
8. Confidentiality of intellectual property
Both parties will maintain confidentiality with regard to all confidential information that they receive in the context of the agreement. They reserve intellectual property on all advice, works, documents, concepts, audiovisual products and services from Speak UP!. The client may only use the carriers to which this property relates for the purpose and the occasion for which they were provided by Speak UP!. Only with the prior written consent of Speak UP! may the media be copied, made public or distributed by the client.
8A. Copyright of intellectual property
The filmed/ photographed attendee/ participant/ person declares to be aware that photos or video recordings are made on the said event date in which he / she may be recognised and therefore unconditionally agrees to waver all copyright concerning the images still or in motion to Speak UP!. Further more, the photographed/ filmed person acknowledges the privilege that Speak UP! has to deviate from the actual recording still or in motion, or to supplement and / or change it.
The liability of Speak UP! for damage to the client as a result of a shortcoming in the execution of the assignment is limited to the agreed amount under the assignment, to a maximum of
€ 5,000 per contract. Speak UP! is not liable for consequential damage.
10. Customer information provision
Speak UP! communicates with its existing customers on a monthly basis via mailing or via social media, which contains updates of existing services, including content-related additional information for (former) participants. You have the opportunity to subscribe and unsubscribe at any time.
Our Privacy Statement clearly states how we as an organization handle data. This Privacy Statement can be read and downloaded at: www.speakupspeakers.eu/privacy
12. Applicable law and jurisdiction
At all with Speak UP! concluded agreements, Dutch law applies. The applicability of the conditions applied by the client is expressly excluded at all times, except in the case of explicitly agreed deviations. In all disputes, each of the parties is free - if they cannot reach agreement in mutual consultation - to turn to the competent civil court. In any case, the Haarlem District Court is competent to take cognizance of these disputes
13. Exceptional situations
If a situation occurs between parties that is not regulated in these terms and conditions, then this situation must be assessed in the spirit of these terms and conditions
Speak UP! Botermarkt 9F • 2011XL • Haarlem
Chamber of Commerce 75055988 • VAT NL002078553B31 • IBAN NL57INGB0009412941 www.speakupspeakers.eu