GENERAL TERMS AND CONDITIONS
On Queer Time
Website: onqueertime.com
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Practitioner: On Queer Time, registered at the Dutch Chamber of Commerce (Kamer van Koophandel) under number 89963652, who uses these general terms and conditions for the provision of services.
2. Client: the natural person, company or other organization taking the services of Practitioner.
3. Parties: Practitioner and Client together.
4. Customer: the person who receives the services offered by Practitioner.
Article 2 – Applicability
1. These terms and conditions will apply to all quotations, offers, activities and agreements by or on behalf of Practitioner.
2. Parties can only deviate from these general terms and conditions if they have explicitly agreed upon in writing.
3. Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of Client or of third parties.
Article 3 – Offers and quotations
1. Offers and quotations from Practitioner are without engagement, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 3 months from its date, unless another acceptance period is stated in the offer or quotation. If Client does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
3. Offers and quotations do not apply to additional assignments, unless Parties have agreed upon this explicitly and in writing.
4. All prices used by Practitioner are in euros, are exclusive of VAT for entrepreneurs and including VAT for private clients, and are exclusive any other costs (such as administration costs, levies and travel costs), unless expressly stated otherwise or agreed otherwise.
5. Parties can agree on a fixed fee for the services when concluding the agreement.
6. If no fixed price has been agreed, the fee shall be calculated on the basis of the number of hours worked multiplied by the hourly rate of Practitioner.
7. Practitioner reserves the right to adjust prices annually. Practitioner will communicate price adjustments to Client prior to the moment the price increase becomes effective. Client has the right to terminate the agreement with Practitioner if they do not agree with the price increase.
Article 4 – Payments and payment term
1. Practitioner will send an invoice to Client for the executed services. Invoices must be paid within 7 days after the invoice date, unless Parties have made other arrangements in writing or a different payment term is stated on the invoice.
2. Client will reimburse the travel and rental costs incurred by Practitioner in respect of the execution of the services.
3. Payments will be made without deduction, compensation or suspension for any reason whatsoever.
4. If Client does not pay an invoice within the agreed term, they will be in default by operation of law, without further notice of default being required. From that moment on, Practitioner is entitled to suspend the execution of the agreement with immediate effect until Client has met their payment obligations.
5. If Client is in default, in addition to the principal sum, Client owes default interest on the outstanding claims equal to the statutory (commercial) interest. If Client remains in default, Practitioner will proceed with collection.
6. In addition, Client will owe Practitioner extrajudicial costs. If Client is a natural person, Practitioner will first send a reminder to pay the invoice within 14 days, calculated from the day following the day of the reminder by Practitioner. If Client did not pay after the above mentioned reminder, Practitioner is entitled to pass on the costs equal to the legally maximum permitted compensation for extrajudicial collection costs.
7. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of Client, the claims of Practitioner on Client are immediately due and payable.
8. If Client refuses to cooperate with the execution of the agreement by Practitioner, they are still obliged to pay the agreed price to Practitioner.
Article 5 – Duty to inform by Client
1. Client shall ensure that all information, data and documents necessary for the correct execution of the agreement are provided to Practitioner in time and in the desired format and manner.
2. Client guarantees the correctness, completeness and reliability of the provided information, data and documents, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. Client will inform Practitioner about changes that occur in the data after the agreement has been concluded.
4. Client indemnifies Practitioner against any damage in any form whatsoever resulting from failure to comply with the provisions of the first paragraph of this article.
5. If Client requests this, Practitioner will return the relevant documents.
6. If the information, data or documents required for the correct execution of the agreement has not been provided to Practitioner in time, Practitioner has the right to suspend the execution of the agreement and/or the resulting additional costs and extra hours will be charged to Client.
Article 6 – Execution of the agreement
1. The agreement leads to a best efforts obligation for Practitioner, not a results obligation.
2. Practitioner executes the agreement to the best of their knowledge and ability and in accordance with the requirements of good workmanship.
3. Practitioner has the right to have the agreed services (partially) performed by third parties.
4. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by Client.
5. It is the responsibility of Client that Practitioner can start the execution of the agreement in time. If Client has not ensured that Practitioner can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be charged to Client.
Article 7 – Duration and cancellation
1. The agreement between Practitioner and Client is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or Parties have expressly agreed otherwise in writing.
2. The agreement for a definite period ends by operation of law by the expiration of the agreed time period or as the result of the occurrence of a predetermined objectively determinable event.
3. If the agreement has been concluded for an indefinite term and does not end at the completion of the service, or if there are profound reasons for its termination, Practitioner reserves the right to terminate the agreement.
4. Client can terminate the agreement at any time. Client agrees to compensate Practitioner for all services rendered through and including the effective date of termination of the agreement.
Article 8 – Amendment of the agreement
1. If during the agreement it appears that it is necessary to change or supplement the provided services, Parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If Parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. Practitioner will inform Client about this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, Practitioner will inform Client about this in writing as soon as possible.
4. If Parties have agreed on a fixed fee, Practitioner will indicate to what extent the change or addition to the agreement will result in this fee being exceeded.
Article 9 – Force majeure
1. Practitioner is not liable if, as a result of a force majeure situation, Practitioner is unable to fulfill the obligations under the agreement in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Practitioner.
2. If a situation of force majeure arises as a result of which Practitioner cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Practitioner can comply with it.
3. Practitioner does not owe any (damage) compensation in a situation of force majeure
4. If Practitioner already provided part of their services up to the moment of the force majeure situation, Practitioner may separately invoice that part.
Article 10 – Transfer of rights
Client cannot transfer their rights arising from an agreement with Practitioner to third parties without the prior written consent of Practitioner.
Article 11 – Liability of Practitioner
1. Practitioner makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon and rendered.
2. If Client is an entrepreneur and proves that they have suffered damage as a result of an attributable shortcoming of Practitioner, arising from or related to the execution of the services, the liability of Practitioner shall be limited to the fee for the services.
3. The liability of Practitioner is not limited for damage resulting from intent of willful recklessness on the part of Practitioner.
4. Damage is exclusively understood to mean damage to property and direct financial loss. Practitioner is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
Article 12 – Liability of Client
If Practitioner enters into an agreement with several clients, each of them shall be jointly and severally liable for the full amounts due to Practitioner under that agreement.
Article 13 – Indemnity
Client indemnifies Practitioner against all third-party claims that are related to the services supplied by Practitioner.
Article 14 – Complaints
1. Client or Customer is obliged to report and motivate in writing any complaints about the provided services with convenient speed to Practitioner after they have discovered that fault or after they reasonably should have discovered it. Failing this, Client or Customer will be deemed to have agreed with the provided service.
2. Practitioner will treat every complaint accurately and confidentially.
3. Parties will first try to come to a solution together.
4. If the route followed in paragraph 3 does not lead to a solution, Client or Customer can submit a complaint to a complaints officer.
5. Client or Customer must demonstrate that the complaint relates to an agreement between Parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Practitioner being forced to perform other work than has been agreed.
Article 15 – Notice of default
1. Client must provide any notice of default to Practitioner in writing.
2. It is the responsibility of Client that a notice of default actually reaches Practitioner (in time).
Article 16 – Intellectual property
1. Practitioner retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, tools, writings, data carriers or other information, quotations, images, etc., that they create and use in their work, unless Parties have agreed otherwise in writing.
2. The aforementioned intellectual property rights may not be copied, shown to third parties and/or provided or used in any other way without the written permission of Practitioner.
Article 17 – Penalties
1. If Client violates the article of these general terms and conditions about intellectual property, then Client forfeits on behalf of Practitioner an immediately due and payable fine of € 1.000 if Client is a private client and € 5.000 if Client is an entrepreneur, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues, with a maximum of € 10.000,00 if Client is a private client. This is regardless of whether the violation can be attributed to Client. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
2. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Practitioner including its right to claim compensation in addition to the fine.
Article 18 – Confidentiality
1. Practitioner abides by the professional norms of confidentiality, established in the Professional Code published by BPSW: https://www.bpsw.nl/app/data/uploads/2021/10/BPSW-Beroepscode-2021.pdf
2. The duty to confidentiality described in this article does not apply to information:
◦ which was already made public before the Practitioner learned this information or which later became public without being the result of a violation of their duty to confidentiality;
◦ which the Practitioner has received from a third party whereby this third party was entitled to provide this information to the receiving party;
◦ which is shared by the receiving party due to a legal obligation.
Article 19 – Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between Parties.
2. If one or more provisions of these general terms and conditions shall be held to be invalid or unenforceable, the remaining provisions of these terms and conditions shall continue to be valid and enforceable.
3. If a provision of these general terms and conditions shall be held to be invalid or unenforceable, Parties will negotiate in good faith about the substitute provisions.
4. Any dispute regarding the agreement between Parties will be submitted to the competent Dutch court of the district in which Practitioner is established.
Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).
These general terms and conditions were updated up on 24 June 2025.
