General Terms and Conditions STORMPUNT

Last update: 27 May 2020

 

You will find our general terms and conditions on this page. These apply to all agreements and services provided by STORMPUNT. They will be updated on this website. If you have any questions, please contact us via contact@stormpunt.nl.

 

Definitions

  • Activity : all types of activities organised by STORMPUNT, such as innovation projects, training courses and the Innovation Scan.
  • Participant : someone who participates in the activities organized and/or supervised by STORMPUNT.
  • Contract : the agreement that arises as a result of the client agreeing to the offer.
  • Client : the person or organisation that instructs STORMPUNT to carry out activities.
  • Quotation : the proposal from STORMPUNT to the client.
  • Online STORMPUNT training : an online training organized by STORMPUNT that takes place on the basis of open registration.

 

Applicability

  1. These general terms and conditions apply to all offers, assignments and services of STORMPUNT. By placing an order, the client agrees to these terms and conditions.
  2. If these general terms and conditions conflict in any way with what is stated in the contract, what is stated in the contract takes precedence.
  3. STORMPUNT is entitled to amend the general terms and conditions unilaterally. The client has the right to cancel the assignment within 4 weeks after becoming aware of these amendments if he does not agree with the amendments made to the general terms and conditions.
  4. The applicability of the client’s purchase or other (delivery) conditions are expressly rejected.

 

Services and delivery

  1. STORMPUNT provides activities and services aimed at promoting innovation within the public and commercial sectors.
  2. All activities and services of STORMPUNT are carried out on the basis of a best-efforts commitment, unless STORMPUNT has explicitly promised a result and the result concerned has been defined with sufficient certainty.
  3. Prior to the granting of an assignment by the client, STORMPUNT will always provide a quotation in which the activities and services provided within the assignment are described.
  4. STORMPUNT will make every effort to perform its services with care, in accordance with the stipulations in the quotation and, where relevant, supplemented with additional written agreements made with the client.

 

Rates and invoicing

  1. The rates in the quotation are valid until 2 months after the quotation date.
  2. The rates included in the quotation include costs for preparation of the activity and materials unless otherwise stated.
  3. The rates are exclusive of costs for location and associated costs such as coffee/tea/lunch etc. unless stated otherwise.
  4. The rates are exclusive of travel costs (0.22 eurocent per kilometre calculated from Utrecht) and any accommodation costs. CO2 emissions of the kilometres will be compensated through Trees for All.
  5. Invoices must be paid within 30 days from date of invoice.

 

Cancellation and modification

  1. Activities can be rescheduled or cancelled free of charge by a client no later than four weeks prior to the start of the activities.
  2. If an activity is cancelled less than four weeks before the start, 50% of the rate will be charged.
  3. If an activity is cancelled less than two weeks before the start, 100% of the rate will be charged.
  4. If an activity is rescheduled less than four weeks before the start, 50% of the rate will be charged immediately and the remaining 50% as soon as a new date is scheduled.
  5. If an activity is rescheduled less than two weeks before the start, 100% of the rate will be charged immediately and an additional 50% as soon as a new date is scheduled.
  6. In case a participant needs to cancel less than two weeks before the start of the activity, the participant’s seat may be transferred to a colleague, subject to STORMPUNT’s restrictions regarding the type of participants for the activity in question.
  7. Participation in an online STORMPUNT training can be cancelled free of charge up to 7 days before the start of the training. In case of cancellation within 7 days, the training seat can be transferred to a colleague, depending on STORMPUNT’s restrictions with regard to the type of participants for the training in question.

 

Intellectual property

  1. All intellectual property rights, including copyright, of services and materials developed and used by STORMPUNT belong to STORMPUNT and/or its suppliers.
  2. By participating in a STORMPUNT activity, the client only acquires the rights of use on services and materials provided by STORMPUNT. The client is not permitted to reproduce, publish or exploit the aforementioned materials, unless STORMPUNT gives its explicit permission for this.
  3. All concepts, ideas and/or plans developed during the execution of an assignment are the property of the client. All intellectual property rights relating to these concepts, ideas and/or plans are vested in the client and STORMPUNT is not permitted to reproduce, publish or exploit them, unless the client gives its express permission.
  4. Without prejudice to the property rights of the client, the client grants STORMPUNT permission to communicate about the assignment as part of its promotional activities.

 

Confidentiality

  1. Unless any statutory provision, regulation or other rule obliges it to do so, STORMPUNT and third parties engaged by STORMPUNT for the performance of the assignment are under an obligation of confidentiality with regard to confidential information obtained from the client.
  2. Except with the written consent of the client, STORMPUNT is not entitled to use the confidential information made available to it by the client for any purpose other than that for which it was obtained.
  3. Unless there is any statutory provision, regulation or other rule to this effect, the client will not disclose the contents of quotations and/or other competitive sensitive information provided by STORMPUNT to third parties.
  4. STORMPUNT and the client will impose the obligations pursuant to this article on third parties engaged by them.

 

Liability

  1. STORMPUNT accepts no liability for indirect damage, consequential damage, loss of profit, missed savings and damage due to business stagnation as a result of the services it provides.
  2. STORMPUNT uses the services of third parties for the execution of its services. These include physical locations, online applications, additional facilitators, and so on. When STORMPUNT engages third parties for the execution of an assignment, STORMPUNT is not liable towards its client for errors made by these third parties, including the (temporary) unavailability of a service provided by a third party that is necessary for the execution of the assignment.
  3. Should STORMPUNT (have to) decide that it cannot carry out an activity it has planned, STORMPUNT will offer to undertake this activity free of charge at a later date. The client is free to subsequently cancel the cancelled activity free of charge. This right only applies to the cancelled activity, not to the other activities within the granted assignment.
  4. In the unlikely event that STORMPUNT would nevertheless be bound to any form of liability, the liability is limited per event and at most to the payment that takes place under the professional and/or company liability insurance.

 

Storage and processing of personal data

  1. The client grants permission to process the (personal) data provided within STORMPUNT’s organization and to bring these to the attention of those within STORMPUNT and any third parties engaged by STORMPUNT for whom access to said data is useful in connection with the execution of the assignment or the management of the client’s relationship with STORMPUNT.
  2. The client grants permission to use all means of communication customary at that time, in particular Internet and e-mail.

 

Other provisions

  1. The relationship between STORMPUNT and its clients is exclusively governed by Dutch law. Any disputes will be submitted exclusively to the competent court in Utrecht.
  2. These general terms and conditions have been drawn up in Dutch and English. In the event of a dispute about the content or purport of these general terms and conditions, the Dutch text will be binding.
  3. If any provision of these general terms and conditions is null and void or annulled, the other provisions of these general terms and conditions shall remain in full force and effect. In that case, STORMPUNT and the client will enter into consultation with the aim of agreeing a replacement provision, whereby the aim and purport of the invalid or annulled provision will be maintained as far as possible.

 

STORMPUNT has its registered office in Utrecht and is registered in the trade register with the Chamber of Commerce under number 73433128. These terms and conditions can be consulted on www.stormpunt.nl.