Terms and Conditions
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
2. Offer: any offer or quotation to the Client for the delivery of Products and/or the performance of Services and/or Work by Eventic.
3. Services: the services offered by «CompanyShortName» are the planning and organization of events in the broadest sense, as well as taking care of the catering of the aforementioned events, and the deployment of Artists or Personnel.
4. Event: the event organized by «CompanyShortName» for the benefit of the Client.
5. Eventic: the service provider who offers Services to the Client and/or the contractor who has the work carried out independently or under his supervision by others.
6. Client: the natural or legal person who acts in the exercise of a profession or business that Eventic has appointed, has provided projects to Eventic for Services that are performed by Eventic, or to which Eventic has made a proposal on the basis of an Agreement.
7. Agreement: any Agreement and other obligations between the Client and Eventic, as well as proposals from Eventic for Services that are provided by Eventic to the Client and that are accepted by the Client and have been accepted and performed by Eventic with which these general terms and conditions form an inseparable whole.
8. Artist: any artist (in the broadest sense), speaker or musician, alone or in a group, who has committed himself towards the Contractor to give a performance.
9. Performance: an Event or otherwise for which the Client wishes to hire or has hired an Artist and for which Eventic has concluded an Artist Agreement on behalf of the Artist and the Client.
10. Artist Agreement: the (written) agreement between the Client and a third party with regard to (a) booked Performance(s) by the Artist.
11. Personnel: the employees of Eventic. 12. Website: https://www.eventic.nl/.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer from Eventic, every Agreement between Eventic and the Client and to every Service, Product and/or Work offered by Eventic.
2. Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Eventic will indicate to the Client how the Client can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, it is possible to deviate from the general terms and conditions insofar as this has been explicitly agreed in writing with Eventic.
4. These general terms and conditions also apply to additional, amended and follow-up orders from the Client.
5. The general terms and conditions of the Client are excluded.
6. If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. If reference is made to she/her in these general terms and conditions, this should also be understood as a reference to he/him/his, if and insofar as applicable.
10. In the event that Eventic has not always demanded compliance with these general terms and conditions, it will retain its right to demand compliance with these general terms and conditions in full or in part.
Article 3 - The Offer
1. All offers made by Eventic are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
2. Eventic is only bound by an Offer if it is confirmed in writing by the Client within 14 days. Nevertheless, Eventic has the right to refuse an Agreement with a (potential) Client for a reason that is justified for Eventic.
3. The offer contains a description of the Services offered. The description is sufficiently specified, so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or dissolution of the Agreement.
4. Offers or quotations do not automatically apply to follow-up orders.5. Delivery times in Eventic's offer are in principle indicative and if they are exceeded, do not entitle the Client to dissolution or compensation, unless expressly agreed otherwise.
Article 4 - Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Client has accepted an Offer or Agreement from Eventic by returning a signed copy (scanned or original) to Eventic and has paid the down payment (commitment fee).
2. Eventic has the right to revoke the (signed) Agreement within 5 working days after receipt of the acceptance.
3. Eventic is not obliged to an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.
4. If the Client cancels an order that has already been confirmed, the costs already incurred (including the time spent) will be charged to the Client.
5. Every Agreement that is entered into with Eventic or a project that is awarded to Eventic by the Client, rests with the company and not with an individual person associated with Eventic.
6. The Client's right of withdrawal is excluded, unless otherwise agreed.
7. If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
Article 5 - Term of the Agreement
1. The Agreement is entered into for a definite period of time, unless the content, nature or purport of the assignment implies that it has been entered into for an indefinite period of time. The duration of the assignment also depends on external factors, including but not limited to the quality and the timely delivery of the information that Eventic obtains from the Client.
2. Both the Client and Eventic can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given notice of default in writing and it has been given a reasonable term to fulfill its obligations and it still fails to fulfill its obligations in that case. to comply correctly. This also includes the payment and cooperation obligations of the Client.
3. The dissolution of the Agreement does not affect the payment obligations of the Client insofar as Eventic has already performed work or delivered services at the time of the dissolution. The client must pay the agreed fee.
4. In the event of premature termination of the Agreement, the Client owes Eventic the costs actually incurred up to that point at the agreed (hourly) rate.
5. Both the Client and Eventic can terminate the Agreement in writing, in whole or in part, without further notice of default, with immediate effect if one of the parties is granted a moratorium, bankruptcy has been filed or the company concerned ends due to liquidation. If a situation as stated above occurs, Eventic is never obliged to refund monies already received and/or compensation.
Article 6 - Performance of the Agreement
1. Eventic will make every effort to perform the agreed service with the greatest possible care, as may be expected of a good service provider. Eventic guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing which is described in detail.
2. The Agreement on the basis of which Eventic performs the Services is leading for the size and scope of the service. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the Services offered by Eventic and the prices are based. Eventic has the right to adjust its services and prices if the information provided turns out to be incorrect and/or incomplete.
4. In the performance of the Services, Eventic is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Eventic, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. Eventic is entitled to engage third parties for the performance of the Services at its own discretion.
6. If the nature and duration of the assignment so require, Eventic will keep the Client informed of the progress in the interim via the agreed manner.
7. The performance of the Services is based on the information provided by the Client. If the information has to be changed, this may have consequences for any established planning. Eventic is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all the requested information or has not provided it on time or in the desired format, does not provide sufficient cooperation, any advance payment has not been received in time by Eventic or due to other circumstances , which are at the expense and risk of the Client, there is a delay, Eventic is entitled to a reasonable extension of the (completion) term. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client.
Article 7 - Obligations of the Client
1. The Client is obliged to provide all information requested by Eventic as well as relevant appendices and related information and data in good time and/or before the start of the work and in the desired form for the correct and efficient execution of the Agreement. Failing this, Eventic may not be able to fully implement and/or deliver the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Client.
2. Eventic is not obliged to check the correctness and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is Eventic responsible for the correctness and completeness of the information compiled by Eventic for third parties and/or provided to third parties in the context of the Agreement.
3. Eventic may, if this is necessary for the execution of the Agreement, request additional information. Failing this, Eventic is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify Eventic of this immediately or no later than 3 working days after the change has become known.
Article 8 - Advice
1. Eventic can draw up advice, plan of approach, design, reporting, planning and/or reporting for the benefit of the service if instructed to do so. The content of this is not binding and only of an advisory nature, but Eventic will observe its duties of care. The client decides itself and under its own responsibility whether to follow the advice.
2. The advice provided by Eventic, in whatever form, can never be regarded as binding advice.
3. At the first request of Eventic, the client is obliged to assess proposals it has provided. If Eventic is delayed in its work because the Client does not or not timely provide an assessment of a proposal made by Eventic, the Client is at all times responsible for the resulting consequences, such as delay.
4. The nature of the service means that the result always depends on external factors that can influence Eventic's reports and advice, such as the quality, correctness and timely delivery of the necessary information and data from the Client and its employees. . The client guarantees the quality and the timely and correct delivery of the required data and information.
5. The Client will notify Eventic in writing prior to the commencement of the work of all circumstances that are or may be important, including any points and priorities to which the Client wishes attention.
Article 9 - Additional activities and changes
1. If during the performance of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the Client's request to achieve the desired result for the Client, the Client is obliged to pay for this additional work in accordance with the agreed rate. . Eventic is not obliged to comply with this request, and may require the Client to conclude a separate Agreement and/or refer it to an authorized third party.
2. If the additional work is the result of negligence on the part of Eventic, Eventic has made an incorrect estimate or could have reasonably foreseen the work in question, these costs will not be passed on to the Client.
Article 10 - Prices and payment
1. All prices are in principle exclusive of turnover tax (VAT), unless otherwise agreed. 2. Eventic performs its services in accordance with the agreed (hourly) rate.
3. Travel time for the benefit of the Client and costs related to travel will be passed on to the Client, unless otherwise agreed.
4. The Client is obliged to fully reimburse the costs of third parties, which are deployed by Eventic after the Client's approval, unless expressly agreed otherwise.
5. The parties can agree that the Client must pay an advance. If an advance has been agreed, the Client must pay the advance before a start is made with the performance of the service.
6. If the Client has a periodic payment obligation, Eventic is entitled to adjust the applicable prices and rates (only) in accordance with the conditions of the Agreement in writing, with due observance of a period of at least 3 months from the conclusion of the Agreement. where prices do not rise. In the event of price increases within 3 months after the conclusion of the Agreement, the Client is authorized to dissolve the Agreement by means of a written statement. If the Client has not informed Eventic within 30 days of notification of the price change that it wishes to make use of its right to dissolve, Eventic may legitimately rely on the fact that the Client has agreed to the price change.
7. The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
8. Eventic is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
9. The client must pay these costs at once, without settlement or suspension, within the specified payment term as stated on the invoice to the account number and details of Eventic that have been made known to it.
10. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement will become immediately due and payable.
11. If there are any changes in legislation and regulations and these changes lead to extra costs for Eventic, these costs will be passed on to the Client, even if these changes occur during the Agreement with the Client.
Article 11 - Collection policy
1. If the Client does not meet its payment obligation, and has not fulfilled its obligation within the specified payment term, the Client is legally in default.
2. From the date that the Client is in default, Eventic will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decision. compensation for extrajudicial collection costs from 1 July 2012.3. If Eventic has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full legal and execution costs incurred are also for the account of the Client.
Article 12 - Privacy, data processing and security
1. Eventic handles the (personal) data of the Client with care and will only use it in accordance with the applicable standards. If so requested, Eventic will inform the data subject about this.
2. The client is responsible for the processing of data that are processed using an Eventic service. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Eventic against any (legal) claim related to this data or the execution of the Agreement.
3. If Eventic is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.
Article 13 - Suspension and dissolution
1. Eventic has the right to keep the data, data files and more it has received or realized by it if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force if a reason that is justified for Eventic arises which justifies suspension in that case.
2. Eventic is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed in writing to the Client.
3. In that case Eventic is not liable for damage, for whatever reason, as a result of the suspension of its activities.
4. The suspension (and/or dissolution) does not affect the Client's payment obligations for work already performed. In addition, the Client is obliged to compensate Eventic for any financial loss that Eventic suffers as a result of the Client's default.
Article 14 - Force majeure
1. Eventic is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of Eventic is in any case understood to mean, but is not limited to: (i) force majeure of suppliers of Eventic, (ii) failure to properly fulfill obligations of suppliers that the Client or its third parties have to Eventic prescribed or recommended, (iii) defective software or any third parties involved in the performance of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of Eventic or advisors engaged by it and (vii) other situations that, in the opinion of Eventic, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In that case, all costs incurred before the dissolution of the Agreement will be paid by the Client. Eventic is not obliged to compensate the Client for any losses caused by such revocation.
Article 15 - Limitation of liability
1. If any result laid down in the Agreement is not achieved, a shortcoming on the part of Eventic will only be deemed to exist if Eventic has expressly promised this result when accepting the Agreement.
2. In the event of an attributable shortcoming on the part of Eventic, Eventic is only obliged to pay any compensation if the Client has given Eventic notice of default within 14 days after discovery of the shortcoming and Eventic has not subsequently remedied this shortcoming within a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that Eventic is able to respond adequately.
3. If the provision of Services by Eventic leads to liability on the part of Eventic, that liability is limited to the total amount invoiced in the context of the Agreement, but only with regard to the direct damage suffered by the Client unless the damage is the result of intent or recklessness bordering on intent on the part of Eventic. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability and the method of repair. The liability is in any case limited to the maximum amount of damage that is paid out by the insurance company per claim per year.
4. Eventic expressly excludes all liability for consequential damage. Eventic is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption, capital losses, damage due to delay, interest damage and immaterial damage.
5. The Client indemnifies Eventic against all claims from third parties as a result of a defect as a result of a service provided by the Client to a third party and which also consisted of Services provided by Eventic, unless the Client can demonstrate that the damage was solely caused by the service. from Eventic.
6. Any advice provided by Eventic, based on information that is incomplete and/or incorrectly provided by the Client, is never a ground for liability of Eventic.
7. The content of Eventic's advice is not binding and is of an advisory nature only. The Client decides itself and under its own responsibility whether it will follow the proposals and advice of Eventic mentioned herein. All consequences arising from the follow-up of the advice are for the account and risk of the Client. The client is at all times free to make its own choices that deviate from the advice provided by Eventic. Eventic is not obliged to any form of refund if this is the case.
8. If a third party is engaged by or on behalf of the Client, Eventic is never liable for the actions and advice of the third party engaged by the Client as well as the processing of results (of advice prepared) of the third party engaged by the Client in Eventic's own advice.
9. Eventic does not guarantee a correct and complete transmission of the content of and e- mail sent by/on behalf of Eventic, nor for the timely receipt thereof.
10. All claims by the Client due to shortcomings on the part of Eventic will lapse if they have not been reported to Eventic in writing and with reasons within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, Eventic's liability lapses.
Article 16 - Confidentiality
1. Eventic and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/commonly known, the information is not confidential and/or the information has not been made known to Eventic during the Agreement with the Client and/or has been obtained by Eventic in some other way.
2. In particular, the secrecy pertains to advice, reports, designs, working methods and/or reports drawn up by Eventic regarding the assignment of the Client. The Client is expressly prohibited from sharing its contents with employees who are not authorized to take cognizance of this and with (unauthorized) third parties. Furthermore, Eventic always exercises the required care in dealing with all business-sensitive information provided by the Client.
3. If Eventic is obliged on the basis of a statutory provision or a court decision to (partly) provide the confidential information to the law or competent court or indicated third party and Eventic cannot invoke a right of nondisclosure, Eventic is not obliged to compensation and does not give the Client any ground for dissolution of the Agreement.4. For the transfer or distribution of information to third parties and/or publication of statements, advice or productions provided by Eventic to third parties, the written permission of Eventic is required, unless such permission has been expressly agreed in advance. The Client will indemnify Eventic against all claims by such third parties as a result of reliance on such information that has been distributed without Eventic's written permission.5. Eventic and the Client also impose the confidentiality obligation on third parties to be engaged by them.
Article 17 - Intellectual Property Rights
1. All IP rights and copyrights of Eventic, including but not limited to all designs, models, reports and advice, are vested exclusively in Eventic and will not be transferred to the Client unless expressly agreed otherwise.
2. If it has been agreed that one or more of the aforementioned items or works of Eventic will be transferred to the Client, Eventic is entitled to conclude a separate Agreement for this and to demand appropriate monetary compensation from the Client. Such compensation must be paid by the Client before it acquires the relevant items or works with the IP rights resting thereon.
3. The Client is prohibited from disclosing and/or multiplying, changing or making available to third parties (including use for commercial purposes) all documents and software on which Eventic's IP rights and copyrights rest without express prior written permission. from Eventic. If the Client wishes to make changes to goods delivered by Eventic, Eventic must explicitly agree to the intended changes.
4. The Client is prohibited from using the items and documents on which Eventic's intellectual property rights rest other than as agreed in the Agreement.
5. The parties will inform each other and take joint measures if an infringement of IP rights occurs.
Article 18 - Disclaimer and correctness of information
1. The Client is responsible for the correctness, reliability and completeness of all data, information, documents and/or documents, in whatever form, that they provide to Eventic in the context of an Agreement, as well as for the data they receive from third parties. has obtained and which have been provided to Eventic for the purpose of the execution of the Agreement.
2. The Client indemnifies Eventic against any liability as a result of the failure or late fulfillment of its obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or documents.
3. The Client indemnifies Eventic against all claims from the Client and third parties engaged by it or working under it, as well as from clients of the Client, based on the failure to (timely) obtain any subsidies and/or permissions required in the context of the implementation of the Agreement.
4. The Client indemnifies Eventic against all claims from third parties arising from the work performed for the Client, including but not limited to intellectual property rights on the data and information provided by the Client that can be used in the performance of the Agreement and/ or the acts or omissions of the Client towards third parties.
5. If the Client provides Eventic with electronic files, software or information carriers, the Client guarantees that these are free of viruses and defects.
Article 19 - Complaints
1. If the Client is not satisfied with Eventic's service or otherwise has complaints about the execution of its assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported verbally or in writing via hello@eventic.nl with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Client if Eventic is to be able to handle the complaint.
3. Eventic will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.
Article 20 - Applicable law
1. Dutch law applies to the legal relationship between Eventicen Client. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. Eventic has the right to change these general terms and conditions and will inform the Client thereof.
3. In the event of translations of these general terms and conditions, the Dutch version shall prevail.
4. All disputes arising from or as a result of the Agreement between Eventic and the Client will be settled by the competent court of the Amsterdam District Court, Amsterdam location, unless mandatory provisions designate another competent court.
Part II Project management and organization Events
Part II contains additional and/or deviating provisions to Part I. If no additional or deviating provisions are included in Part II compared to Part I, then reference is made to the content of Part I in this regard.
Article 21 - Implementation of the Agreement
1. If activities are performed by Eventic or third parties engaged by Eventic in the context of the agreement at the location of the Client or a location designated by the Client, the Client will provide the facilities reasonably desired by or on behalf of Eventic free of charge.
2. If the Agreement is executed in phases, Eventic can suspend the execution of those parts that belong to a following phase until the Client has approved the results of the preceding phase in writing. Eventic is entitled to perform the Agreement in different phases and to invoice the part thus performed separately.
3. Eventic can, if instructed to do so, mediate in the conclusion of one or more agreements between the Client and a third party for the actual execution of (project) work in order to create a work of a material nature and/or goods to deliver.
4. Eventic only requests permits or other documents and permissions from governments or other authorities on behalf of the Client if this is explicitly requested. Damage and/or delay as a result of the lack of these permits or permissions will be at the expense and risk of the Client. The client explicitly indemnifies Eventic against all (consequential) damage as a result of the lack of permits and permissions.
5. Execution of work to deliver a work of a material nature will at all times be performed by third parties with whom the Client has entered into a direct agreement. Eventic is in no way involved in the implementation of this agreement by the third party concerned. Eventic can only advise and manage the project, but is never involved in the actual implementation by these third parties, except in the case in which Eventic itself and directly has concluded an Agreement with the aforementioned third parties.
6. If and insofar as goods are delivered by third parties, this will only take place within the scope of the agreement between this third party and the Client, in accordance with the conditions of this third party. If and insofar as any guarantee is provided, this guarantee is only enforceable against this third party. Complaints must be submitted directly to the third party unless agreement has been reached between all parties involved that Eventic is authorized to submit complaints on behalf of the Client.
7. Parties make clear agreements about communication. Eventic is leading in this and indicates guidelines that must be followed by the Client, including but not limited to response times, a contact person with whom Eventic can communicate, contact moments and more. If the Client does not attend any contact moment with Eventic, the resulting consequences will be at the risk of the Client.
8. Eventic has the right to have certain work performed by third parties at its own discretion, including printed matter.
9. Communication with third parties engaged by Eventic takes place exclusively through Eventic.
Article 22 - Client's obligations
1. The Client is obliged to ensure that:
a. Eventic has timely and free access to and free access to the site, the building and/or the location on which or in which the Event is organized or the Services are to be performed; b. The site, building and/or location on which or in which the Services are to be performed meets the applicable legal (safety) requirements and working conditions;
c. The third parties engaged by it carry out their work and/or deliveries in such a way that Eventic is not hindered in the execution of the Agreement;
d. The goods prescribed by the Client, as well as auxiliary persons, are delivered and/or available on time. Eventic is not obliged to contract these independent assistants unless expressly agreed otherwise. All damage caused by the auxiliary persons proposed by the Client will be at the expense and risk of the Client.
2. The Client grants Eventic permission to use the information it provides, including but not limited to its logo and brand names for the promotion of the Event.
3. If the Parties have agreed on the delivery and/or production of printed matter, the Client itself is responsible for the timely and correct delivery of the content, as well as for the final inspection of the printed matter. If, after the Client's inspection, any errors are found in the printed matter, the repair costs thereof will be borne by the Client.
Article 23 - Indemnification and correctness of information
The Client indemnifies Eventic against all claims from the Client arising from the actual performance of work by third parties for the Client.
Article 24 - Cancellation conditions
1. The client must immediately notify Eventic by registered letter of full or partial cancellation of the agreement concluded with Eventic.
2. If the Client cancels an Agreement that has already been concluded, the following costs will be charged:
● In the event of (partial) cancellation up to three months before the Event, the Client owes Eventic in addition to any compensation, at least 30% of the total invoice amount.
● In the event of (partial) cancellation up to two months before the Event, the Client owes Eventic in addition to any compensation, at least 50% of the total invoice amount.
● In the event of (partial) cancellation up to one month before the Event, the Client owes Eventic, in addition to any compensation, at least 75% of the total invoice amount.
● If the Client cancels (partially) the Agreement with Eventic within 14 days before the Event, he owes the entire invoice amount. Eventic is at all times entitled to charge higher costs if it has incurred more costs for the performance of the Agreement.
3. If Eventic has rented a location on behalf of the Client, the general terms and conditions of the location in question with regard to cancellation also apply to the assignment. If the Client wishes to cancel the reserved location, the Client must reimburse the costs of such cancellation.
4. The Client indemnifies Eventic against all claims from third parties involved in the execution of the Agreement insofar as those claims relate to the postponement or cancellation of the Event.
Article 25 - Catering
1. Eventic can provide catering if instructed to do so.
2. Eventic is not obliged to make any refunds in the event of too limited or incorrect service. If this is the case, Eventic will be given the opportunity to repair the defect. The parties may agree to waive recovery. Instead, Eventic provides the Client with a discount to be determined by Eventic on a subsequent order.
3. Eventic acts in accordance with the regulations applicable to it with regard to food safety and hygiene (HACCP).
4. The Client is obliged to communicate the number of attendees in good time prior to the desired delivery date.
5. Eventic does not guarantee the presence of traces of foodstuffs of which the Client has informed Eventic regarding the presence of any allergies. Eventic is not liable for any injury and/or damage to the Client and/or other attendees/participants as a result.
Part III Betting Artists and/or SpeakersPart III contains additional and/or deviating provisions to Part I. If no additional or deviating provisions are included in Part III compared to Part I, then reference is made to the contents of Part I in this regard.
Article 26 - Performance of the service
1. Eventic can deploy Artists and/or Speakers for the performance of the Agreement if so instructed. Eventic always performs its Services within the framework of a best efforts obligation and undertakes to use adequate Artists with the greatest possible care for the Services requested by the Client. When deploying Artists, Eventic puts the wishes and requirements of the Client first at all times, but cannot guarantee that the Artists it deploys meet the wishes and expectations of the Client at all times.
2. The Client declares to be fully familiar with the performance of the contracted Artist, as well as with the type and/or nature of the contracted performance.
3. The Client is aware of and agrees with the fact that, although the form of the Performance is determined by the Client in close consultation with the Artist, the Artist is fully independent in the manner of performance of the Performance and that the Artist is fully independent about his content. contribution itself has final say.
4. The artist is obliged to be present well in advance, with all items necessary for the performance, unless agreed in writing in advance.
5. BUMA/STEMRA/SENA rights are for the account of the Client, unless otherwise agreed in writing. The Client will have to pay for these rights itself.
6. The Artist is obliged to comply with the Client's wishes, with regard to the sequence of a program, unless expressly agreed otherwise in writing. The artist is obliged to cooperate in collegiality with other performing artists and the like and to cooperate in the smooth running of the meeting.
7. The Artist is prepared to comply with the Client's wishes for the meeting/performance or the visiting public, especially with regard to the choice of repertoire and performance. Endowments and the like do not entitle the parties to extra payment, unless this has been agreed in writing between the parties.
8. The Client guarantees the following:
a. that in the case of an open-air performance, a stage is present and that this stage is sound, shielded and covered, so that the weather conditions cannot reasonably cause damage to those involved and/or matters of the Artist, supplier and/or Eventic.
b. The client also ensures that crush barriers are installed at a good distance from the stage. The Client will ensure that Eventic has obtained all necessary information about the Performance in a timely manner, including the location of the Performance.
c. that the Artist can travel the distance between dressing room and stage undisturbed and safely;
d. that there is a neat and lockable dressing room for the Artist, in any case equipped with the necessary washing facilities, tables and chairs, mirror and necessary heating;
e. that, if it appears that the popularity of the Artist on the date of the event has increased significantly compared to the time of entering into the agreement, further adjusted security measures may be taken, failing which Eventic is entitled to cancel the performance in question without this to become liable for damages;
f. that the Artist and his employees, who must necessarily be present at the performance, are entitled to two free drinks per hour during the performance, unless otherwise agreed in writing in advance;
g. that the Artist and his employees, who must necessarily be present at the performance, are entitled to a free simple meal if their participation in the Event lasts longer than 4 hours, that the Artist is entitled to take a ten-minute break for each contracted hour, unless otherwise agreed in writing in advance.
9. Eventic will ensure that the Artist is present in time before the start of the Performance with everything necessary for the Performance, unless otherwise agreed.
10. The time and duration of the Performance discussed in advance by Eventic with the Client and recorded in writing in the Artist Agreement is binding. If the Client makes a request during the performance of the Performance to postpone the agreed end time, the Artist or Eventic is entitled to refuse the request or to accept it as additional work. The final time of the end of the Performance is binding as the basis for the calculation of the additional work.
Article 27 - Publicity/recordings
1. The Client is not permitted to make sound and/or image recordings of the Performance or have them made without the prior written consent of Eventic or the Artist.
2 The Client is not permitted to sell sound carriers, posters, photos and/or other articles in which the name and/or image of the Artist are used, before or during or immediately after the Performance, without the prior written consent of Eventic.
3. If the Client uses the name and/or likeness of the Artist in publicity material or invitations relating to. If you wish to use the Event, the publicity material or the invitation itself, as well as the manner in which or the conditions under which this occurs, must be agreed in advance with Eventic on behalf of the Artist.
Article 28 - Limitation of liability
In no event is Eventic liable if the Artists it deploys do not meet the expectations of the Client, unless the Client has made these expectations known to Eventic prior to the Agreement and Eventic has explicitly promised the result intended by the Client.
Part IV Personnel
Part IV contains additional and/or deviating provisions to Part I. If no additional or deviating provisions are included in Part IV compared to Part I, then reference is made to the content of Part I in this regard.
Article 29 - Deployment of Personnel
1. Eventic can deploy Personnel for the performance of the Agreement if instructed to do so. Eventic always performs its Services within the framework of a best efforts obligation and is obliged to make an effort to deploy adequate Personnel with the greatest possible care for the Services requested by the Client.
2. Eventic puts the wishes and requirements of the Client first at all times, but cannot guarantee that the Personnel deployed by it meet the wishes and expectations of the Client at all times.
3. The Personnel is obliged to comply with the wishes of the Client, unless otherwise agreed.
4. The Personnel is obliged to cooperate in a collegial manner with other colleagues and to cooperate in the smooth running of the company.
5. Eventic will ensure that the Personnel is present on time, unless otherwise agreed.
6. If a force majeure situation (temporarily) prevents the performance of the Work, the Staff will inform Eventic of this as soon as possible. The Personnel will resume their work as soon as possible.
Article 30 - Prices and payment
1. The Client owes Eventic the agreed agency fee (10% of the budget) when deploying Personnel, unless otherwise agreed. If agreed, Eventic will receive compensation for each hour worked by the Personnel. Eventic also charges an estimated number of event coordination working hours for an hourly rate of €60. This amount will be specified in the official offer.
2. A surcharge will be charged for Work performed by Personnel outside normal working hours and Work on public holidays and weekends, as specified in the quotation.
3. If Personnel incur additional costs, such as but not limited to parking costs, the Client is at all times obliged to reimburse these. Such costs will be passed on.
Article 31 - Limitation of liability
In no event is Eventic liable if the Personnel deployed by it do not meet the expectations of the Client, unless the Client has made these expectations known to Eventic prior to the Agreement and Eventic has explicitly promised the result intended by the Client.