Stucadoor prijzen

General Contract Terms and Conditions of stucadoors-vergelijken.nl / Tellus B.V. 
 
APPLICABILITY
 
All offers made by Tellus B.V. (hereafter: “Tellus”) and all cooperation agreements entered into by Tellus are exclusively governed by these General Contract Terms and Conditions. Tellus will only be bound by deviating provisions after it has approved of these in writing and will only be bound as regards the agreement to which the approval pertains. The prospective partner or the party to whom Tellus has made an offer is deemed to have accepted these General Contract Terms and Conditions, even if this party avails itself of general terms and conditions, whether or not registered, upon the entering into the cooperation agreement. The latter terms and conditions shall not apply to offers made by Tellus and/or agreements entered into by or on behalf of Tellus and are hereby explicitly rejected.
 
 
 
ARTICLE 1
OBJECT OF TELLUS
 
The object of Tellus is to bring private and business customers who are looking for specific services into contact with Tellus partners who are able to provide these services. Such customers are indicated by the term “leads”.
 
 
ARTICLE 2
OBLIGATIONS OF THE PARTIES
 
Tellus undertakes:
•         To make known to the Tellus partner as soon as possible which leads fit the profile as indicated by the Tellus partner (nature, type, and region).
•         To pass on the name and address details of the customer exclusively to Tellus partners.
 
The Tellus partner undertakes:
•         To endeavour to contact the customer as soon as he has received a customer’s name and address details from Tellus.
•         To perform the work as assigned by the customer to the Tellus partner to the best of his ability and under his own responsibility. Upon engaging third parties (such as subcontractors), the Tellus partner shall remain responsible and liable for the actions or failures to act of the third party at all times.
 
 
ARTICLE 3
RATES AND PAYMENT CONDITIONS
 
For each lead sent via Tellus, a fixed rate is charged. This amount can vary according to nature, type or region. Specific projects may be charged on the basis of a graduated scale of rates.   

Tellus may alter the prices annually. The Tellus partner will receive a notice of this by e-mail in advance.
 
At the start of each month, Tellus will charge the Tellus partner for the leads sent to him in the preceding month. The Tellus partner will receive an invoice by post, fax or e-mail clearly stating the amount to be charged or collected.
 
 
ARTICLE 4
COMPLAINTS AND CREDITING
 
The Tellus partner may complain and ask for a credit within 10 working days after the offer date. These credits will then be deducted from the next invoice amount. A credit is given when:
•         a lead is sent twice or more on the same day
•         the duplicates are sent by Tellus
•         both telephone number and E-mail address are incorrect or missing. (telephone nr does not exist, e-mails come back as undelivered)
•         a lead is obviously fake,
•         a lead is outside of the listing area /category
 
 
ARTICLE 5
METHODS OF PAYMENT
 
Tellus accepts the following methods of payment:
•                   By creditcard
•                   By direct debit
•                   By pre-payment
 
In the event of failure to pay, the partner is deemed to be in default by operation of law and Tellus will be entitled to claim all costs from the partner, both legal and non-legal costs, which are caused by the non-payment of the Tellus partner. Non-legal costs are payable by the Tellus partner in each event when Tellus has engaged a third party in order to collect its claim.
 
 
ARTICLE 6
PROTECTION OF PRIVACY
 
The Tellus partner undertakes to comply with the Dutch Data Protection Act (Wet Persoonsregistraties) and the Dutch Personal Data Protection Act (Wet Bescherming Persoonsgegevens) and to indemnify Tellus against possible claims by third parties in that respect. More specifically, the Tellus partner undertakes to use the personal details of the customers as supplied by Tellus for internal purposes only, i.e. the handling of the customer’s request and the performance of the work by the Tellus partner.
 
 
ARTICLE 7
DURATION AND TERMINATION OF THE CONTRACT
 
Tellus does not apply a minimum or maximum duration of the contract. Both Tellus and the Tellus partner can terminate the contract with immediate effect at all times. Termination may take place by e-mail.
 
 
ARTICLE 8
LIABILITY
 
Tellus can only be liable towards the Tellus partner as follows: Tellus will be liable for damage resulting from what it has delivered only if the damage is caused by an intentional act or gross negligence on the part of Tellus. The liability of Tellus is limited to the invoice amount of the delivery to which the liability pertains. Tellus will never be liable for consequential damage, such as trading loss, incurred by the Tellus partner or by third parties. Should Tellus be held liable for this by third parties, the Tellus partner will indemnify Tellus against this.
 
 
ARTICLE 9
RESPONSIBILITIES
 
The Tellus partner is responsible for the correctness of the information given by the Tellus partner to Tellus for the purpose of spreading this information by means of the website.
 
Tellus aims to keep its websites continuously available for web-users, but will accept no liability whatsoever for the damage possibly incurred by the Tellus partner as a result of the website not being accessible at all times.
 
The use of electronic mail traffic will be accepted in the communications between Tellus and the Tellus partner and will be considered as evidence between the parties.
 
No precontractual or contractual status between the web-user and the Tellus partner can be derived at any time from the proposals, requests for information, advice, tips, articles, electronic mail traffic, etc on the Tellus website and which are aimed at the web user or are communicated to them in any way. The agreements for the provision of services are agreed upon directly by the customer and the Tellus partner at all times, without any intervention of Tellus. Tellus is therefore never bound by contract to the customer and falls outside the scope of the legal relationship coming into effect between the Tellus partner and the customer.
 
 
ARTICLE 10
NULLITY OF A PROVISION
 
If any provision of this document is declared void or is declared to be inapplicable, the other provisions as agreed between the parties will remain fully in effect insofar as these are legally permitted. Consequently, nullity or inapplicability of one or more provisions does not result in complete nullity of these General Contract Terms and Conditions.
 
 
ARTICLE 11
NON-TRANSFERABILITY OF THE CONTRACT
 
The Tellus partner is not permitted to transfer rights and obligations under the contract to any other party without prior written approval of Tellus. This also applies in the event that the Tellus partner changes his registration with the Chamber of Commerce (for instance in the event of takeovers or mergers). This provision does not prejudice the right of the Tellus partner to engage third parties for the provision of services.
 
 
ARTICLE 12
APPLICABLE LAW – COMPETENT COURT
 
Dutch law applies to these General Contract Terms and Conditions and all offers and agreements governed thereby. Any dispute arising from these General Contract Terms and Conditions or offers and agreements governed thereby shall be submitted exclusively to the competent court in Rotterdam.
 
These General Contract Terms and Conditions have been registered with the Chamber of Commerce under number 24310194.