General
terms

General terms and conditions

AIM-Logistics (Amerom IT Management)

Chamber of Commerce: 73510572

Location: Dordrecht

IBAN: NL88 INGB 0008760737

Contact: arno@amerom.nl

 

Article 1 - Definitions

  1. Contractor: AIM-Logistics, trade name of Amerom IT Management, registered with the Chamber of Commerce under number 73510572, having its registered office in Dordrecht.
  2. Client: the natural person or legal entity concluding an agreement with the Contractor.
  3. Services: all work performed by the Contractor for or on behalf of the Client, including but not limited to IT consultancy, advice, project management, automation and logistical IT solutions.

 

Article 2 - Applicability

  1. These general terms and conditions apply to all offers, assignments and agreements between Contractor and Principal.
  2. Deviations are valid only if agreed in writing.

 

Article 3 - Offers and formation of the agreement

  1. All quotations from the Contractor are without obligation unless expressly stated otherwise.
  2. An agreement is concluded as soon as the Client accepts an offer or proposal in writing (by e-mail or digitally).

 

Article 4 - Execution of the assignment

  1. The Contractor shall perform the assignment to the best of his knowledge and ability, but this shall always be an obligation of effort.
  2. Client shall ensure that all necessary information is provided in a timely and complete manner.

 

Article 5 - Deadlines and planning

  1. Stated deadlines for execution of the order are indicative, unless otherwise agreed in writing.
  2. Exceeding a deadline shall not entitle the Client to compensation or dissolution, unless expressly agreed in writing.

 

Article 6 - Compensation and payment

  1. Unless otherwise agreed, work is based on an hourly rate of € [amount] excluding VAT.
  2. Payment must be made within 28 days of the invoice date.
  3. In case of non-timely payment, Client shall be in default and shall owe statutory interest.

 

Article 7 - Confidentiality and data

  1. Both parties are obliged to keep confidential all confidential information they obtain in the context of the agreement.
  2. The Contractor processes personal data in accordance with the applicable privacy legislation (AVG).

 

Article 8 - Intellectual property

  1. All documents, reports, advice, software and other materials developed by the Contractor shall remain the property of the Contractor, unless otherwise agreed in writing.
  2. Client is granted only a non-exclusive and non-transferable right of use.

 

Article 9 - Liability

  1. The Contractor shall only be liable for direct damage directly resulting from an attributable failure.
  2. Liability is limited to the amount of the invoice value of the order in the last three months, with a maximum of €25,000.
  3. The Contractor shall never be liable for indirect damage, such as consequential damage, loss of profit or loss of data.

 

Article 10 - Force majeure

  1. In case of force majeure (including illness, systems failures, internet or power outages, government measures), the Contractor may suspend or dissolve the agreement without being liable for damages.

 

Article 11 - Duration and termination

  1. An agreement is entered into for the duration of the assignment, unless otherwise agreed in writing.
  2. Either party may terminate the agreement in writing with one month's notice, unless otherwise agreed.
  3. Client is obliged to pay for work already performed.

 

Article 12 - Applicable law and disputes

  1. This agreement is exclusively governed by Dutch law.
  2. Disputes shall in the first instance be submitted to the competent court in the district where the Contractor is based.

 

Article 13 - DBA Act and self-employment

  1. The parties expressly declare that the agreement is entered into as an assignment contract within the meaning of Article 7:400 of the Dutch Civil Code and that no employment contract will be created.
  2. The contractor performs the work as an independent contractor and determines how and by what means the assignment is carried out.
  3. The Client does not exercise authority over the manner in which the work is performed. However, Client may give instructions and wishes regarding the intended result.
  4. The Contractor himself is responsible for the payment of taxes and contributions and indemnifies the Client against third-party claims in this respect.