General Terms And Conditions

Six Stars Agency

GENERAL TERMS AND CONDITIONS OF RECEPTIEHOSTESS.NL B.V.

Article 1: Definitions
1.1. In these general terms and conditions, the following terms are defined as follows:
a) Worker: Any individual who performs or will perform work for a Client through the intermediary of Receptiehostess.nl. This work is carried out by the Worker as a self-employed person (ZZP’er) or freelancer (via verloning.nl), and the Worker is therefore considered an auxiliary person of Receptiehostess.nl in the execution of the Agreement between the Client and Receptiehostess.nl.
b) Freelancer: A self-employed Worker who performs one or more Assignments on a personal basis in accordance with an agreement and is registered with the portal www.verloning.nl.
c) Assignment: The agreements between a Client and Receptiehostess.nl regarding the provision of services to the Client.
d) Client: Any individual or legal entity that enters into an Agreement with Receptiehostess.nl within the framework of an Assignment.
e) Agreement: A written or electronic agreement of intent between the Client and Receptiehostess.nl regarding an Assignment to be carried out by Receptiehostess.nl for the Client.
f) Parties: Receptiehostess.nl and the Client collectively.
g) Fee: The agreed or to-be-agreed compensation for the services to be provided by Receptiehostess.nl under the Assignment.
h) Work (or Services): The work the Worker is expected to perform, consisting of supportive tasks in the broadest sense of the term, as further described in the Agreement and/or coordinated between the Parties.
i) Receptiehostess.nl: Receptiehostess.nl B.V., registered with the Chamber of Commerce under number 78194148, with its statutory seat in Amstelveen, office located at Startbaan 6, (1185 XR) Amstelveen, tel. 085-1304838, email: info@receptiehostess.nl.
j) ZZP’er: A self-employed entrepreneur who performs one or more Assignments on a personal basis in accordance with an agreement.

1.2. The Client is not permitted, without prior written consent from Receptiehostess.nl, to disclose the personal data of Workers provided by Receptiehostess.nl to third parties.

Article 2: Agreement
2.1. These General Terms and Conditions apply to all offers, assignments, and other Agreements of Receptiehostess.nl insofar as they pertain to the provision of Workers to Clients in any form.

2.2. By signing the Agreement, the Client expressly acknowledges that its purchasing or other general terms and conditions are explicitly rejected by Receptiehostess.nl and do not apply between the Parties.

2.3. As long as the Client has not signed the Agreement for approval or confirmed it electronically, the Agreement serves as a quotation, except as provided in paragraphs 2.5 and 2.6 of this article, and unless a Worker from Receptiehostess.nl, whose details have been disclosed to the Client prior to signing or confirming the Agreement, commences the Work for the Client, regardless of the legal basis for such Work.

2.4. The quotation is dated and is valid for seven days from that date, unless otherwise stated in the Agreement.

2.5. All information provided by Receptiehostess.nl or produced on behalf of the Client remains the property of Receptiehostess.nl. Such information may not be shared with third parties with the intent to obtain a comparable offer, nor may it be copied or otherwise reproduced. If no agreement is reached, these documents must be returned to Receptiehostess.nl within 14 days.

2.6. The Client is not permitted, without prior written consent, to disclose the personal data of Workers proposed or deployed by Receptiehostess.nl to third parties. If the Client does not enter into an agreement with the Worker, the Client must destroy the Worker’s data.

Article 3: Prices and Service Delivery
3.1. Price quotations are always made based on the prices applicable at the time of the offer or the conclusion of the Agreement.

3.2. In the event of price increases between the time of the conclusion of the Agreement with the Client and the moment of fulfillment of the obligations under the Agreement by Receptiehostess.nl, Receptiehostess.nl is entitled to pass these increases on to the Client.

3.3. Except in cases where the Client does not act in the course of a profession or business, Receptiehostess.nl has the right to unilaterally change its rates, without the Client having the right to terminate the Agreement. The provisions regarding termination in the previous sentence do not apply if a rate change results in an increase of more than 5% of the price stated in the Agreement.

3.4. Receptiehostess.nl is authorized to engage auxiliary persons in the execution of (parts of) the Work. These auxiliary persons act on behalf of Receptiehostess.nl and do not affect the legal responsibility of Receptiehostess.nl for the fulfillment of the Agreement toward the Client.

Article 4: Payment Terms
4.1. Payment of the agreed price must be made no later than 14 days after the invoice date.

4.2. The payment terms referred to in article 4 constitute a final deadline as defined in article 6:83 of the Dutch Civil Code. From the day after the payment term expires, the Client is in default and, in addition to the principal sum, owes statutory interest, collection costs, and legal costs.

4.3. Collection costs amount to 15% of the agreed price, with a minimum of €40.00. Statutory interest is calculated based on the standard referred to in article 6:119a of the Dutch Civil Code. In the case of a Client acting as a private individual, not in the exercise of a profession or business, the calculation of collection costs and interest follows articles 6:96 and 6:119 of the Dutch Civil Code, as well as the decision on extrajudicial collection costs.

4.4. For Clients acting in the course of a profession or business, the suspension of payment obligations and/or offsetting of claims against Receptiehostess.nl is excluded.

4.5. Receptiehostess.nl reserves the right to demand advance payments on the agreed price and to stipulate that the Work will commence only after such advance payment has been made. For Clients not acting in the course of a profession or business, the advance payment will not exceed 50%.

Article 5
Information and the Assignment
5.1. If the Client accepts the Assignment, the Parties commit to performing the Assignment to the best of their ability and knowledge.

5.2. The Client shall provide Receptiehostess.nl with all the information required to fulfill the agreement to the best of its ability.

5.3. The Client is obligated to make available to Receptiehostess.nl, in a timely manner, all data, documents, and/or any reasonably requested cooperation that Receptiehostess.nl, in its judgment, deems necessary for the proper execution of the Assignment.

5.4. The Parties declare that the agreements between them are or will be entered into as a contract for services. The provisions of Articles 7:400 and following of the Dutch Civil Code apply to these agreements, except where deviations are made in the agreement or these general terms and conditions.

5.5. The Parties shall behave towards each other as good client and contractor.

Article 6
Complaints

6.1. Complaints from the Client regarding the performance of the agreement by Receptiehostess.nl must be submitted in writing or electronically, accompanied by sufficient reasoning or substantiation. Complaints must be submitted within a reasonable time after the complaint has arisen. In any case, a complaint is not deemed to have been made within a reasonable time if it is not submitted to Receptiehostess.nl in the prescribed manner within fourteen days after the Client became aware of the complaint.

6.2. Failure to comply with the provisions of Article 6.1 will result in the Client losing the right to file a complaint, unless the delay in filing the complaint did not actually harm Receptiehostess.nl’s ability to prove its case. In any case, the right to complain is forfeited twelve months after the Client became aware of the complaint or reasonably should have been aware.

6.3. Filing a complaint does not relieve the Client from its payment obligations towards Receptiehostess.nl nor suspend those obligations.

Article 7
Force Majeure

7.1. Force majeure refers to any circumstance beyond the control of Receptiehostess.nl that temporarily or permanently prevents the fulfillment of the agreement. In particular, force majeure includes: illness of any personnel required for the execution of the work, traffic disruptions, government mandates, government bans, pandemics, natural disasters, war, threats of war, civil unrest, strikes, transport difficulties, fire, and other serious disruptions at the business of Receptiehostess.nl or third parties engaged by it.

7.2. In the event of force majeure, Receptiehostess.nl has the right, at its discretion, to postpone the execution of the Agreement by up to two months, modify the Agreement, or terminate the Agreement, to the extent that it has not yet been performed, without being obliged to pay any compensation or refund any amounts already paid to Receptiehostess.nl.

7.3. The Client is excluded from terminating the Agreement if the non-performance by Receptiehostess.nl is due to force majeure, unless the Agreement was entered into by a Client who is not acting in the exercise of a profession or business.

Article 8
Amendments

8.1. Amendments and additions to an Agreement are only valid if they are recorded in writing or electronically and signed or approved by the Parties.

8.2. If, after the signing of the Agreement, changes occur in mandatory legal regulations that have consequences for the content and/or execution of the Agreement, the Parties shall make new arrangements as close as possible to the original intent of the Parties.

Article 9
Self-Employed Without Personnel (ZZP’er) / Freelancer

9.1. Receptiehostess.nl may engage self-employed individuals without personnel (ZZP’ers) and/or freelancers (via verloning.nl) as workforce to execute the Assignment.

9.2. The Client will be informed in a timely manner of the involvement or mediation of a ZZP’er.

9.3. When Receptiehostess.nl engages a ZZP’er or Freelancer, Receptiehostess.nl will ensure that a valid model agreement exists between the ZZP’er/Freelancer and Receptiehostess.nl. This model agreement must comply with the requirements set by the Dutch Tax Authorities. This includes, but is not limited to, ensuring that contractual agreements are made regarding the submission of a VAT number and a Chamber of Commerce extract by the ZZP’er, or, in the case of a Freelancer, compliance with the requirements as available via verloning.nl. Additionally, agreements will be made regarding liabilities between the Client and the ZZP’er/Freelancer, risks of non-payment, and so on.

9.4. The Client is responsible for creating a situation in which the ZZP’er can carry out the Work at their own discretion. Instructions that benefit the execution of the Work may still be provided by the Client to the ZZP’er.

9.5. The Client indemnifies Receptiehostess.nl from any claims that may be made by third parties (e.g., the Tax Authorities and/or other government bodies) against Receptiehostess.nl, to the extent that such a claim arises from the fact that the Client has not complied with the obligations under this article and/or the Agreement.

Article 10
Information and Safe Working Environment

10.1. Prior to the commencement of the Work, the Client will provide Receptiehostess.nl in writing with information regarding the required professional qualifications and the specific characteristics of the Work to be performed by the Workforce. If the Work at the Client entails specific risks that require precautionary measures, the Client will prepare or have a Risk Assessment and Evaluation (RI&E) prepared.

10.2. The Client is required to actively inform the Workforce about the working conditions present or applicable at the Client’s site, the health and safety regulations, and the provisions laid down in the RI&E, and is responsible for ensuring the safety of the Workforce.

10.3. If the Client fails to comply with the provisions in paragraphs 1 and 2 of this article, Receptiehostess.nl is entitled, without further notice or warning, to suspend its obligations under the Agreement or to terminate the Agreement. This is without prejudice to Receptiehostess.nl’s right to full compensation for damages resulting from the Client’s failure to comply with the Agreement.

10.4. If the Workforce suffers a workplace accident and/or occupational disease, the Client will, if legally required, notify the competent authorities without delay and ensure that a written report is promptly made. The report must record the circumstances of the accident in such a way that it can reasonably be determined whether and to what extent the accident was caused by a lack of preventive measures.

10.5. The Client will inform Receptiehostess.nl as soon as possible about the workplace accident or occupational disease and provide a copy of the prepared report.

10.6. The Client shall compensate the Workforce and indemnify Receptiehostess.nl for any damages (including costs, including actual legal fees) that the Workforce incurs in the course of their Work if and to the extent that the Client and/or Receptiehostess.nl is liable under Article 7:658 of the Dutch Civil Code.

10.7. If the workplace accident results in death, the Client is obliged to compensate damages (including costs, including actual legal fees) in accordance with Article 6:108 of the Dutch Civil Code to the persons mentioned in that article.

Article 11
Liability

11.1. The Client is required to exercise due care towards the Workforce, as stipulated in Article 7:658 of the Dutch Civil Code.

11.2. The Client is liable under Article 6:171 of the Dutch Civil Code for damage caused to a third party by the Workforce during, and in connection with, the performance of the Work.

11.3. Receptiehostess.nl is not liable for damages arising from or related to the Client’s failure to comply with (statutory) regulations, including all obligations set out in this Agreement and statutory obligations imposed on the Client.

11.4. The Client is required to take out insurance that sufficiently covers the liability risks as outlined in this Agreement. At Receptiehostess.nl’s request, the Client must provide proof of payment of the insurance premiums.

11.5. The Client indemnifies Receptiehostess.nl against any third-party claims for compensation of damages, provided that such damages were caused by negligence, carelessness, or improper handling by the Client, its staff, or third parties engaged by the Client.

11.6. Receptiehostess.nl is not liable for indirect damages, including consequential damages, lost profits, missed savings, and damages due to business interruption.

11.7. Receptiehostess.nl is not liable for damages caused by insufficient or incorrect information provided by the Client to Receptiehostess.nl regarding facts and circumstances related to the Assignment, the Work, and/or the Client’s business, unless such damages were also caused by intent or gross negligence on the part of Receptiehostess.nl.

11.8. Receptiehostess.nl is not liable for damages to personnel, materials, or premises made available by the Client.

11.9. Receptiehostess.nl is not liable for damages arising from or related to incorrect, invalid, or otherwise misleading information and/or references provided by or through the Workforce.

11.10. Receptiehostess.nl is not liable for damages caused by the actions or omissions of third parties involved in the execution of the Assignment unless such damages were also caused by intent or gross negligence on the part of Receptiehostess.nl.

11.11. Receptiehostess.nl accepts no liability for damages related to the engagement of Workforce members who fail to meet the requirements and expectations of the Client, except to the extent that such damages are demonstrably caused by an attributable failure of Receptiehostess.nl.

11.12. The liability of Receptiehostess.nl is always limited to a maximum of one time the amount charged to the Client by Receptiehostess.nl in connection with the Assignment, provided that in the case of an Agreement lasting longer than one month, the liability is limited to the amount owed based on a month. If the above is not upheld in court, the liability of Receptiehostess.nl is in any case limited to the amount paid out by the liability insurance taken out by Receptiehostess.nl. This does not apply in cases of intent or gross negligence on the part of Receptiehostess.nl.

11.13. Receptiehostess.nl is always entitled to limit or undo the Client’s damages as much as possible, for which the Client is required to provide full cooperation.

11.14. The Client indemnifies Receptiehostess.nl against any third-party claims for damages related to or arising from the Assignment performed by Receptiehostess.nl, to the extent that Receptiehostess.nl is not liable to the Client under the provisions of this article.

11.15. If the Client has insured any of the risks associated with the Agreement, the Client shall indemnify Receptiehostess.nl from such risks in advance.

11.16. The liability limitations outlined in the preceding provisions of this article also apply for the benefit of third parties and/or assistants engaged by Receptiehostess.nl in the execution of the Assignment (excluding the Workforce), who may directly invoke these liability limitations.

11.17. If Receptiehostess.nl is involved in legal proceedings, the Client is obligated to provide all cooperation regarding the provision of information and/or evidence deemed necessary by Receptiehostess.nl for its defense or claim in court.

Article 12
Hiring of Personnel
12.1. The Client is prohibited, during the term of the Agreement, from contacting a Worker in any way and/or having work performed by this Worker, either directly or indirectly, without the mediation of Receptiehostess.nl and/or based on an Agreement with Receptiehostess.nl, unless prior written consent is given by Receptiehostess.nl. Receptiehostess.nl is entitled to impose (financial) conditions on its consent.
12.2. The Client is prohibited, for a period of 1 (one) year after the termination of the Assignment/Agreement and/or completion of the Work and/or the offering or introduction of the Worker by or via Receptiehostess.nl, from contacting a Worker in any way and/or having work performed by this Worker, either directly or indirectly, without the mediation of Receptiehostess.nl and/or based on an Agreement with Receptiehostess.nl, unless written consent is given and/or, in case an Agreement was terminated less than 1 (one) year ago, payment of reasonable compensation to Receptiehostess.nl is made.
12.3. The reasonable compensation referred to in the last sentence of paragraph 2 of this article amounts to €8,500.00 (in words: eight thousand five hundred euros). This compensation is also owed, notwithstanding article 16, if it is found that the Client has directly or indirectly employed the Worker or otherwise has the Worker perform work for payment without the consent of Receptiehostess.nl, after Receptiehostess.nl has disclosed the Worker’s details to the Client.
Article 13
Duration and (Early) Termination of the Agreement
13.1. Agreements commence on the date of signing or electronic confirmation and are valid for an indefinite period unless the Agreement explicitly indicates that it has been entered into for a fixed term. Unless otherwise agreed in writing in the Agreement, the Agreement may be terminated in writing at any time with a notice period of one month. Termination is not possible if the Agreement has already been completed. Early termination is not possible for agreements entered into for a fixed term unless otherwise specified in the Agreement, or if the Client does not act in the course of a profession or business.
13.2. Either Party may immediately terminate this agreement and/or one or more individual agreements (partially), without judicial intervention and/or notice of default being required, and without being liable for compensation in the following cases:
a. In the event of non-compliance by the other party with any obligation under this agreement or an individual agreement, unless the other party complies within seven days;
b. In the event of the other party’s bankruptcy, if the other party applies for a suspension of payments, or if its assets are seized;
c. If the other party applies for the statutory debt restructuring scheme, the other party is placed under guardianship, or a part of its assets is placed under administration, or if the other party disclaims its assets.
13.3. Unless otherwise specified in these General Terms and Conditions and/or the Agreement, the Client may cancel the Agreement under the following conditions:
a) The Client may amend and/or cancel the Agreement free of charge up to 21 days before the start of the Agreement.
b) In the event of amendment and/or cancellation of the Agreement between 14 and 21 business days before the start of the Agreement, a fee of 25% of the agreed price is due.
c) In the event of amendment and/or cancellation of the Agreement between 7 and 14 business days before the start of the Agreement, a fee of 75% of the agreed price is due.
d) In the event of amendment and/or cancellation of the Agreement 7 business days or fewer before the start of the Agreement, a fee of 100% of the agreed price is due.
Article 14
Confidentiality and Data Destruction
14.1. Both Parties are obligated to maintain strict confidentiality regarding all matters of the other Party and its affiliated companies, the confidential nature of which is presumed to be known by the Parties, both during the term of this Agreement and after its termination.
Article 15
Intellectual Property
15.1. Receptiehostess.nl is entitled to the intellectual property rights arising from the execution of the Agreement, both in the Netherlands and abroad, for a period of one year after its conclusion. At Receptiehostess.nl’s request, the Client will provide all notifications and complete any formalities necessary for Receptiehostess.nl to secure the rights mentioned in this article in its name, even if the initial application is in the Client’s name, by transferring the rights to Receptiehostess.nl.
15.2. Intellectual property includes, but is not limited to, visual and/or film material created during the performance of the Assignment, audio fragments, and other images related to the Assignment and the Work/Services.
Article 16
Penalty Clauses
16.1. In case of a breach of obligations mentioned in article 2, paragraph 5, article 10, article 12, article 11, paragraph 5, and article 14, the Client is liable to pay a non-reducible penalty of €15,000.00 (in words: fifteen thousand euros) to Receptiehostess.nl, followed by a penalty of €500.00 (in words: five hundred euros) for each day the violation continues. The penalty is due notwithstanding the (legal) rights of Receptiehostess.nl to demand performance and/or termination and/or additional compensation, if the damage exceeds the penalty.
Article 17
Miscellaneous Provisions, Applicable Law, and Disputes
17.1. All agreements and/or Assignments between Receptiehostess.nl and the Client are governed by Dutch law.
17.2. In case of conflict between any provision in these General Terms and Conditions and the Agreement(s), the provisions in the Agreement will prevail.
17.3. Any disputes between Receptiehostess.nl and the Client regarding the Agreement will be submitted to the competent court in Amsterdam, unless mandatory legal provisions dictate otherwise.