Publieke Zaken B.V. ("Publieke Zaken") uses the following general terms and conditions for all its operations.

 

Applicability

1. These general terms and conditions apply to all work performed by Publieke Zaken.
2. Applicability of the client's general or purchase conditions is expressly rejected.
3. Deviation from these general terms and conditions may only be made in writing.
4. If any provision of these general terms and conditions is null and void or destroyed, the remaining provisions shall remain in full force and effect.

 

Legal relationship exclusively with Publieke Zaken

5. All assignments and other services are accepted and performed exclusively by Publieke Zaken, regardless of any other intention. Sections 7:404 of the Dutch Civil Code(assignment with a view to person) and section 7:407 (2) of the Dutch Civil Code(joint and several liability of multiple contractors) do not apply.
6. Third parties cannot derive any rights from work done by Publieke Zaken.

 

Work execution

7. The client shall promptly provide Publieke Zaken with all necessary information, and give Publieke Zaken all reasonable cooperation, to enable Publieke Zaken to perform its work.
8. The client guarantees the accuracy, completeness and reliability of the information it provides, even if it comes from third parties.
9. Publieke Zaken performs assignments and other work solely on the basis of a best-efforts obligation.
10. Publieke Zaken is not liable for damages of the client or third parties resulting from any third party information or data.
11. Where Publieke Zaken 's services involve interpretation of third-party information or data, such as government documents (including policy documents, debate reports, bills, motions and amendments) or financial information (such as third-party analyses, stock market prices or indices), Publieke Zaken does not guarantee the accuracy of the interpretation, information or data and no rights or liability of Publieke Zaken may be derived from either the information or data or the interpretation.
12. Publieke Zaken may engage third party(ies) on behalf of the client on the terms and conditions set by the third party. Publieke Zaken may accept the terms and conditions, including any limitation of liability, on behalf of the client. Publieke Zaken shall not be liable for any failure of such third party.
13. The client or addressee of communications from Publieke Zaken is not permitted to publish, reproduce or otherwise make available to third parties the results, documents, information and ideas arising from or related to the work performed or to be performed by Publieke Zaken without the express written permission of Publieke Zaken .

 

Postings (this article applies only if posting is involved)

14. In the event of secondment, Publieke Zaken will make one or more persons affiliated with Publieke Zaken available to the principal for the agreed time and period to perform the agreed work under the principal's responsibility. The results of the work are at the client's risk. Publieke Zaken also in this case only provides a best-efforts obligation.
15. If more hours are worked than agreed upon at the client's request, the client shall owe the agreed hourly rate for these hours. If no hourly rate has been agreed upon, the standard rate according to job level shall apply.
16. The client may only use the seconded person(s) for work other than that agreed upon if Publieke Zaken has given its prior written consent.
17. In the event that persons seconded by Publieke Zaken perform work at the client's location, the client shall provide the necessary working space that meets all legal requirements and sufficient facilities, such as suitable computer and network facilities, in a timely manner and free of charge.
18. The client is not permitted to lend or allow the employee made available to third parties or to perform work for or by third parties.
19. Publieke Zaken may make persons associated with it available to multiple clients.

 

Rates and billing

20. Publieke Zaken invoices monthly based on time spent, unless otherwise agreed. If applicable, invoices are increased by VAT and other taxes. The payment period is 14 days.
21. Publieke Zaken uses the agreed hourly rates, to be increased annually by Publieke Zaken with an inflation adjustment and from time to time in response to changes such as promotions of employees performing the work. If no rates have been agreed upon, Publieke Zaken uses its standard rates.
22. Expenses incurred in carrying out an assignment may be charged.

 

Liability

23. An error or carelessness in the services provided by Publieke Zaken can only result in liability of Publieke Zaken. Such liability is limited to the amount paid out in connection therewith under the liability insurance taken out by Publieke Zaken , plus the excess under the policy of that insurance.
24. If no payment is made under the aforementioned insurance, Publieke Zaken 's liability shall be limited to the amount charged or to be charged to the client(s) for the work in connection with which the damage arose in the 12-month period preceding the assertion of liability with a maximum of EUR 10,000.
25. Persons affiliated with Publieke Zaken are not liable under any circumstances. The term "persons affiliated with Publieke Zaken " includes all former, current and future shareholders (directly or indirectly), entities affiliated with Publieke Zaken and employees, consultants, directors, trainees, temporary workers and freelancers affiliated with Publieke Zaken . They may also rely on these general terms and conditions.
26. The limitations of liability contained in these general terms and conditions also apply if the damage is caused by (mobile) devices, digital services and/or applications used in the execution of the order.
27. The client indemnifies Publieke Zaken and the persons associated with Publieke Zaken against all third-party claims. This indemnification also includes the related costs.
28. The client will communicate the house and security rules applicable within its organization to the persons deployed by Publieke Zaken before the start of the work.

 

Data Protection

29. All electronic communications, including e-mail, shall be deemed to be in writing. Publieke Zaken uses digital communications, data storage and cloud computing for its services Publieke Zaken shall not be liable for any damages resulting from their use.
30. Publieke Zaken processes personal data of its clients and persons working there for its services. The privacy statement of Publieke Zaken can be found here.

 

Choice of law and forum

31. All legal relations with Publieke Zaken are governed by Dutch law.
32. Disputes shall be submitted in first instance exclusively to the competent court in the district of The Hague.