GENERAL TERMS AND CONDITIONS
- Amethist B.V. is a private limited company with its registered office in Amsterdam. The company’s objects are to perform formal and informal mediation and pre-mediation, including conciliation, tax law activities and HR activities.
- The stipulations in these general terms and conditions were drawn up not just for Amethist B.V. but also for all persons working for Amethist B.V. or who were working for Amethist B.V. when the activities were being carried out, and all persons who were engaged by Amethist B.V. for the execution of any assignments and all persons for whose actions and omissions Amethist B.V. could be legally liable (“stipulations regarding third parties”).
- These general terms and conditions apply to all contracts to perform services that are concluded by the client and Amethist B.V. (including supplementary contracts and follow-up contracts), as well as to the phase prior to the formation of the contract. Contracts to perform services are concluded between the client and Amethist B.V. as such, and therefore not between the client and persons working for Amethist B.V. This still applies even if it is the express or tacit intention of the client that the assignment should be performed by a particular individual. The scope of Section 404, Book 7 of the Dutch Civil Code, which gives rules for the latter situation, and the scope of Section 407, Book 7 of the Dutch Civil Code, which assigns joint and several liability in situations where an assignment is given to two or more persons, are expressly excluded.
- If the performance of an assignment by Amethist B.V. should lead to any liability, that liability will always be limited to the amount that is paid out by the insurer to Amethist B.V. in the case in question under the applicable liability insurance of Amethist B.V., including the liability insurance policy excess that is borne by Amethist B.V. in the case in question. Liability for indirect loss or consequential loss is excluded in all circumstances. Claims relating to alleged liability on the part of Amethist B.V. must be submitted as soon as possible in writing and with supporting arguments, and in any event no later than three (3) months after the case in question has been dealt with. The contract to perform services is performed exclusively for the client. Third parties cannot derive any rights from the contents of the contract to perform services or from the work performed, even if they can be deemed to have a direct or indirect stake in the result of that work. Amethist B.V. does not accept any liability with respect to third parties for work performed for a client.
- The choice of third parties to be engaged by Amethist B.V. will, where possible and reasonable, take place after consultation with the client and with due observance of the care that can reasonably be expected from Amethist B.V. Amethist B.V. does not bear any responsibility for the manner in which third parties engaged by it perform their work and is not liable for any shortcomings of these third parties, expect in the case of wilful misconduct or gross negligence on the part of Amethist B.V. If these third parties wish to limit their liability relating to the performance of an assignment for a client of Amethist B.V., Amethist B.V. is authorised to accept such a stipulation without consulting the client beforehand. The client indemnifies Amethist B.V., as well as all persons referred to in Clause 2, against any claims by third parties who claim they have suffered losses because of or in connection with the work performed by Amethist B.V. for the client.
- Amethist B.V. has the right to change its hourly rates at regular intervals (every year on 1 January). The client will be informed as soon as possible of any change in the hourly rates. The fee for the work to be performed by Amethist B.V. will be determined by multiplying the number of hours worked by the hourly rates applicable for Amethist B.V.
- All contracts concluded between the client and Amethist B.V. are subject to Dutch law.
Amsterdam, August 2017