General terms and conditions for Prompt!-Schrijven and Prompt! Writing
Prompt! Schrijven and Prompt! Writing (from here on – Prompt!), are trading names of Kiezel Communicatie VOF
Drawn up: August 2021
Address: Torenallee 36 Unit 12 -5617 BD Eindhoven
Contact: (010) 433 34 36; firstname.lastname@example.org
Chamber of Commerce (KvK) Eindhoven: 24447790
Article 1 – General
- These terms and conditions apply to all proposals, work activities and agreements between Prompt! and our subscribers.
- The word ‘you’ refers to our subscriber(s) and we also use ‘we’ when referring to Prompt!.
- All our work activities are governed by Dutch law.
Article 2 – Result and liability
- We carry out our services to the best of our ability and in accordance with the requirements of good professional practice. All our services have the nature of a best efforts obligation since we cannot guarantee the intended result.
- We cannot be held liable in any way whatsoever for possible direct or indirect damages on the part of the client.
Article 3 – Duration of contract and implementation
- We are permitted to outsource work to third parties, such as staff members or freelancers.
- We meet agreements and time frames as far as possible. That means we will send you a newsletter every week and give you access to the closed Facebook group or the Slack workspace.
- If, during the implementation, it becomes clear that we will have to change or augment the agreement, this could affect the investment and the period of implementation. In that case we will modify the agreement as soon as possible and in mutual consultation.
Article 4 – Ending the contract
- You have the right to end the contract within three weeks, for all types of subscription. Any subscription fees already paid will be refunded.
- You start your subscription by choosing for either a monthly or an annual subscription. Both types can be ended after these three weeks with one full calendar month’s notice. You can end the contract prematurely and unilaterally under the following circumstances:
- if we do not fulfil our side of the contract (by failing to email you a weekly Prompt!)
We can end the contract unilaterally:
- if you fail to meet your payment obligation.
- We both have a period of no more than 14 days.
- Should one of the parties be declared bankrupt, apply for suspension of payment or cease business operations, the other party has the right to end the contract immediately.
If you cancel a subscription for any of the abovementioned reasons, we will invoice you for the Prompt!s you have already received.
Article 5 – Force majeure
- In the event of force majeure, we have the right to no longer fulfil the contract. Naturally, we will notify you immediately in that case.
- We cannot be held liable for the direct or indirect consequences of such force majeure.
Article 6 – Conditions of payment
- Partial payments do not result in any rights.
- When payment is overdue, we deduct partial payments first from the costs, then from the interest owed and lastly from the principal sume and the accrued interest.
Article 7 – Copyright, intellectual property, reproduction rights
- Copyright on all the Prompt!s you receive rests with us. You are not permitted to pass the texts on to other or reproduce them in any way whatsoever. If you cite from the, you are required to mention the source (Prompt! Schrijven or Prompt! Writing).
- The provisions of this article also apply to products that Prompt! procures from third parties. Prompt! guarantees that you have the right to read, watch or listen to them.
- If you would like to use our texts for something other than their original purpose, please get in touch with us.
- Naturally, the results of the assignments that you share in the group remain explicitly your property. However, we are permitted to cite from your contribution in new Prompt!s, mentioning your name.
- If we ever want to use one of your texts for a publicly available publication, we will get in touch with you.
Article 8 – Confidentiality
- Our Prompt!s and the tips and tops in the feedback subscriptions are intended only for subscribers. You may not make them available to third parties unless we have given you our explicit permission to do so.