1 LE CONCIERGE is a Limited Liability Partnership based in Amsterdam.
2 These Terms and Conditions apply to all quotations, offers and agreements made between LE CONCIERGE and the client.
3 Client is understood to mean: counterparty of LE CONCIERGE.
4 An agreement is reached by assignment confirmation by LE CONCIERGE.
5 All prices quoted by LE CONCIERGE are excluding VAT. In addition to the fee, LE CONCIERGE will charge 21% VAT, unless client is located outside the Netherlands.
6 If an assignment requires purchases, the client is required to pay an advance sufficient to completely cover the costs of the purchases. LE CONCIERGE is not required to execute or continue with the assignment unless payment in advance as referred to in item 8 has been made.
7 On purchases LE CONCIERGE charges a standard handling, traffic & management fee of 15%.
8 Where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.
Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, equipment, pre-booked food and beverage charges. In addition, the client will settle any third party charges incurred by LE CONCIERGE on behalf of the client.
Cancellation Clause %
More than 120 working days prior to the event Nil
120 to 61 working days prior to the event 50%
60 to 31 working days prior to the event 80%
31 working days or less prior to the event 100%
All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.
When the number of participants in an event will be reduced, the initial total cost will only be reduced to a maximum of 10%, regardless the actual number of decrease in participants.
9 LE CONCIERGE charges its activities afterwards on a monthly basis, with a term of payment of 14 days. This is a fatal term, meaning that client in case of non-timely payment is in default, without requiring a reminder or notice of default. From that moment, legal interest is owed, and LE CONCIERGE is authorized to take collection measures. From the moment the business client is in default, client is liable for a 15% collection fee. Extrajudicial (debt collection) costs will be charged to private clients according to the extrajudicial offsetting as meant in article 6:96 paragraph 4 of the Civil Code.
10 LE CONCIERGE may, in case of non-timely payment of its invoices by client, without further consultation, notice or notice of termination of services, suspend or permanently discontinue all agreements with the client. In that case, LE CONCIERGE will immediately inform the client in writing.
11 LE CONCIERGE has the right to dissolve the agreement with the client if: – client requests postponement of payment or this has already been granted to the client; – client is declared bankrupt or bankruptcy is requested; – client (partially or wholly) transfers, liquidates or shuts down his company; – executory seizure of assets of the client takes place.
12 If LE CONCIERGE has dissolved the agreement with the client, claims plus interest, damage and costs, are immediately and fully due.
13 LE CONCIERGE may, in connection with the agreement with the client, only be held liable for direct damage, up to the height of the price agreed for the assignment. LE CONCIERGE is not liable for loss of profits, company damage, consequential loss or other financial disadvantages.
14 LE CONCIERGE is entitled to use third parties in the performance of the agreement.
15 The client is liable for damage to LE CONCIERGE caused by items or matters entrusted to LE CONCIERGE as part of or resulting from the agreement. This includes software provided by the client. Furthermore, the client is liable to LE CONCIERGE for incorrect, inaccurate or late instructions and not making available of items or matters at the agreed time, and the debt or negligence in general of the client, his subordinates and/or third parties engaged by the client.
16 All intellectual property rights with respect to everything LE CONCIERGE achieves for the client, will be granted to LE CONCIERGE, unless explicitly agreed otherwise in writing.
17 All ideas and concepts proposed by LE CONCIERGE, spoken or in writing, are the intellectual property of LE CONCIERGE.
18 The client only has derivative rights of use with respect to what is realized under the agreement, in so far as these rights are explicitly granted by LE CONCIERGE. These usage rights will be awarded to the client by means of an appropriate deed. Granted rights are not transferable, unless expressly agreed otherwise in writing.
19 Indications by LE CONCIERGE of rights relating to intellectual property, know-how or confidentiality, may not be removed by the client.
20 LE CONCIERGE has the right to mention the name of the client in advertisements. This includes the right to show the work done for the client online, in company presentations or promotions.
21 The client guarantees that what is made available to LE CONCIERGE under the agreement does not infringe any intellectual property rights of third parties and will indemnify LE Concierge for claims related to these rights.
22 The property rights of goods delivered by LE CONCIERGE will go to the client once the client has fulfilled all his financial obligations towards LE CONCIERGE, including those resulting from previous transactions.
23 Licenses and usage rights provided by LE CONCIERGE to client will only come into effect after the above mentioned obligations have been fully met.
24 Drawings, models, tender materials or other goods provided to the client by LE CONCIERGE, at all times remain property of LE CONCIERGE. At the request of LE CONCIERGE, these items shall be returned without delay. In the event the client does not comply, the client owes the value in question, to be determined by LE CONCIERGE, to LE CONCIERGE.
25 Client commits himself to submit questions and/or remarks about the work of LE CONCIERGE within 14 days after being reasonably known, in writing and motivated, to LE CONCIERGE, after which LE CONCIERGE will respond within 7 days. By no means the client is entitled to suspend his payment obligations towards LE CONCIERGE.
26 Parties may only deviate from these terms and conditions by means of a written description of the deviations, signed by both parties.
27 The legal relationship between the client and LE CONCIERGE is subject to Dutch law. All disputes arising from that legal relationship will in the first instance only be submitted to the Amsterdam Court.