Our Terms and Conditions
In these terms and conditions, the following definitions apply:
1.1. STW: Strongwood detective agency BV – InterPI Global, a detective agency licensed by the Ministry of Justice and Security;
1.2. Client: any natural or legal person who enters into an Agreement with STW or receives an offer to that effect;
1.3. Agreement: every agreement that is concluded between STW and the Client and every indication thereof;
2.1. These terms and conditions apply to all offers made by STW and agreements concluded with STW, unless the parties have agreed otherwise in writing.
2.2. Any conditions of the Client, including additions to or extensions of these conditions, do not apply, unless they have been expressly accepted in writing by STW.
2.3. STW reserves the right to change these terms and conditions with immediate effect by giving written notice to the Client. The change or changes will or will apply to all offers and Agreements that are offered or concluded after the effective date of the change.
2.4. If at any time one or more provisions of these terms and conditions are wholly or partially void or destroyed, the remainder of these terms and conditions will continue to apply. STW and the Client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the void provisions.
2.5. After they have become part of any Agreement between STW and the Client, these terms and conditions will form part of every Agreement concluded subsequently between STW and the Client, or offer from STW, even if no reference is made to the applicability of these terms and conditions, unless parties have expressly agreed otherwise.
3.1. All offers and quotations from STW are without obligation. In its offers, STW gives the best possible picture of the work to be performed/services to be performed. STW's offers and quotations are based on information provided by the Client at the time of the offer.
3.2. The offers are valid for two months, counting from the day of the offer, unless the offer states otherwise. As long as the offer has not led to an Agreement, STW reserves the right to deploy its capacity elsewhere.
4. CONCLUSION OF AGREEMENT
4.1. Agreements between STW and the Client are concluded when an offer made by STW is accepted in writing by the Client in full.
4.2. Agreed amendments, additions or extensions thereof must be recorded in writing by the parties.
5. ORDER EXECUTION
5.1. STW will make every effort to perform the services to be provided by it with the best insight and ability and in accordance with the requirements of good workmanship. However, STW does not guarantee the achievement of the intended result.
5.2. The assignment, execution, nature and scope of the work are laid down in STW's offer and/or in the Agreement between the parties.
5.3. If it has been agreed that the services will be provided in phases, STW may postpone the commencement of services belonging to a following phase until the Client has approved the results of the preceding phase in writing.
5.4. The Client is obliged to fully cooperate with the execution of the Agreement and to provide STW with all that is required for this purpose, including all facts and circumstances that may be important for the correct execution of the Agreement, in a timely and complete manner. provide and/or provide. The Client is responsible for the correctness and completeness of all data and information provided to STW.
5.5. The client accepts that STW will destroy all data (including documents and reports) of the research the moment this is no longer relevant for the research. As provided by law, the personal data will be destroyed within four weeks after registration. Electronic data destruction on our disks is carried out in accordance with certified data destruction and method as prescribed by the Dutch Data Protection Authority.
5.6. The Client accepts that STW will destroy each report one year after the official delivery, as stated in the relevant legislation.
6. PRICE AND PAYMENT OBLIGATIONS
6.1. STW charges a price for its work, which will be charged per month on the basis of the actual time spent. Expenses, travel and accommodation costs, as well as a fixed allowance of 5% for office costs (plus VAT) and costs incurred by third parties will be charged separately by STW. VAT is also charged separately by STW.
6.2. If a fixed price is included in the offer, this fixed price applies as the agreed price.
6.3. STW reserves the right to revise the (hourly) rates on which the calculation of the costs of the assignment is based in the interim if the development of wages and costs gives cause to do so. The Client will be notified one month in advance of the rate change.
6.4. STW is always entitled to demand an advance on the price from the Contractor.
6.5. Payment must be made without discount or settlement within 14 days of the invoice date. If payment has not been made within this period, the Client will be in default by operation of law and will owe statutory (commercial) interest on the outstanding amounts from that moment on.
6.6. In the event that the Client:
A) is declared bankrupt, submits a request for suspension of payments, or a substantial part of his assets is attached;
B) dies or is placed under guardianship;
C) fails to fulfill any obligation towards STW;
D) discontinues or transfers his business or a substantial part there, including the contribution of his business to a company to be established or already existing, or changes the objective of his business, amounts still owed, insofar as they are not yet due, immediately due and STW has the right by the mere occurrence of one of the aforementioned circumstances to dissolve the Agreement(s) concluded with the Client in whole or in part, without any judicial intervention being required.
6.7. All (extra) judicial costs to be incurred are for the account of the Client, even if extrajudicial costs relate to the sending of one or more summonses, whereby these are set at 15% of the principal sum claimed (including VAT), unless the costs actually incurred are a higher amount, in which case the Client will owe that higher amount.
6.8. In the event of a joint assignment, the Clients are jointly and severally liable for payment of the amount of the invoice, and STW is entitled to payment of the amount or amounts of the entire invoice vis-à-vis each of them, regardless of the name of the invoice.
7. CHANGES AND ADDITIONAL WORK
7.1. The Client accepts that, if the parties agree that the services to be provided will be expanded or changed, the time of completion of the services may be affected as a result. STW will inform the Client about this as soon as possible
7.2. If a fixed price has been agreed for the services, STW will inform the Client in advance if an extension or change as referred to above results in the agreed price being changed.
8.1. STW and the Client guarantee to each other that they will keep secret all information and data which they should understand to be of a confidential nature and which they have received from the other party before and after entering into an Agreement. unless there is a legal obligation or a court order to disclose.
8.2. If, on the basis of a statutory provision or a court decision, STW is obliged to also provide confidential information to third parties designated by the law or the competent court, and STW cannot rely on a legal or competent court recognized in this regard. or permitted right of non-disclosure, STW is not obliged to pay compensation or indemnification and the other party is not entitled to dissolve the Agreement on the basis of any shortcoming in the fulfillment thereof.
8.3. In addition to the articles mentioned above, we are obliged, in accordance with the Personal Data Protection Act (Article 12), to maintain strict confidentiality with regard to all information that has become known when entering into and carrying out an investigation and agreement. This confidentiality obligation also extends to the identity of you as a client. The duty of confidentiality continues unabated after suspension of the execution or termination of the investigation.
8.4. The Client accepts that, if communication is necessary, a unique case code is created per file and that no information is provided without stating this case code. The case code will be stated by STW on the order confirmation and the (possible) confirmation link of the order confirmation. STW cannot be held liable or responsible for loss of such a case code by the client.
9. SUSPENSION, CANCELLATION, TERMINATION
9.1. STW is authorized to suspend the fulfillment of the obligations under the Agreement or to terminate the Agreement with immediate effect, if the Client does not fulfill the obligations under the Agreement, or does not fulfill them on time or in full. STW is also authorized to suspend the fulfillment of its obligations under the Agreement or to terminate the Agreement with immediate effect if it has valid reasons to believe that the Client will not or will not be able to fulfill its obligations.
9.2. In the event of (premature) termination of the Agreement, invoicing will be based on the status of the work performed by STW at the time of termination. In addition, if the Client has made use of an early termination option, the Client is obliged to reimburse STW for the costs of the capacity that STW has reserved for the Client during 3 months after early termination and which STW was no longer able to deploy elsewhere.
10.1. STW is only liable for direct damage suffered by the Client that is the result of an attributable failure on the part of STW in the fulfillment of its obligations towards the Client under an Agreement, insofar as the Client proves that this damage is the direct result of an attributable shortcoming.
10.2. STW is in no way liable for indirect damage or consequential damage of any kind, such as, but not expressly limited to, lost profit, lost savings and damage due to business interruption, personal injury and death.
10.3. The limitation and exclusion of liability as set out above does not apply if the damage is due to intent or willful recklessness on the part of STW or its employees.
10.4. Without prejudice to the foregoing, STW's liability is in all cases limited to the amount paid out to STW by its professional liability insurer. If, for whatever reason, no payment is made by the insurer, any liability of STW is limited to the value of the work performed by STW for the Client in the relevant calendar year, up to a maximum of EUR 2,500.00 (including VAT). ).
10.5. The Client indemnifies STW against all claims by third parties for compensation for any damage (allegedly) suffered by these third parties caused by or otherwise related to the performances delivered by STW under the Agreement and/or these terms and conditions.
11. APPLICABLE LAW, JURISDICTION AND DISPUTES
11.1. All offers from and Agreements with STW are exclusively governed by Dutch law.
11.2. All disputes arising from or related to any Agreement to which these terms and conditions have been declared applicable will be settled in accordance with the procedure of the Complaints and/or Disputes Committee for Private Investigation Agencies (Private Security Organizations and Investigation Agencies Act), a representation of which can be found on the website. of STW, as well as by law has been filed with the Justis service of the Ministry of Justice and Security.
11.3. If any dispute between the parties is not suitable for handling by the aforementioned committee or if it arises from the handling or decision of the aforementioned committee, it will be settled exclusively by the competent court in Amsterdam, unless STW chooses to submit the dispute to the competent court in the domicile or place of business of the Client.
11.4. In the event of any difference of opinion between the parties regarding the content and/or purport of these general terms and conditions, the Dutch version of these general terms and conditions shall prevail and be binding.