our terms and conditions

These are YesContent's general terms and conditions (Contractor).

Address: Van Nelleweg 1, 3044 BC Rotterdam

Contact: Via tom@yescontent.nl or benjamin@yescontent.nl,
(Both directors of the Company under YesContent Company)

KvK number: 75820919

YesContent has the right to change these terms and conditions at any time. You agree that the latest version of these terms and conditions will always apply to the assignment. Parties can record deviating agreements in writing.

Article 1 - General

These general terms and conditions apply to every offer, quote and order between Contractor and you (Client). Contractor will send you these general terms and conditions free of charge upon request. They are also available at https://www.yescontent.nl/.

Article 2 - Conclusion of the order

The order is concluded when the Contractor sends a written confirmation to the Client.

Article 3 - Offers and offers

1. All offers and quotes from the Contractor are without obligation, unless otherwise agreed. An offer in a quote only applies to the specific underlying order (and not to any future orders).
2. If the Client provides information to the Contractor, the Contractor may assume that these are correct and will base its offer on this.

Article 4 - Price

1. Contractor may increase the price in the meantime if unforeseen and cost-increasing circumstances occur after the conclusion of the order. The client will be informed about this.
2. The price does not include any expenses incurred by the Contractor and excludes VAT and other government levies.

Article 5 - Payment and collection costs

1. The client must always pay within fourteen days of the invoice date. Contractor will invoice monthly.
2. If the Client does not pay the invoice on time, he is in default by operation of law. The client then owes the statutory interest (if he is a consumer) or the statutory commercial interest (if he is a company) plus 1%. The interest on the due amount is calculated from the moment that the Client is in default until the moment of payment of the full amount due.
3. The Contractor's entire claim against the Client is immediately due and payable if:

1. Client exceeds a payment period;
2. Client is bankrupt or in suspension of payment;
3. Client (company) is dissolved or liquidated;
4. Client (natural person) is placed under guardianship or dies.

1. If the client does not pay on time, he is immediately in default. He then owes the Contractor all extrajudicial collection costs. With an invoice amount of up to €300, these costs will be €40. With a higher invoice amount, the maximum collection costs are as follows:

1. 15% over the first €2500;
2. 10% on the part that remains afterwards, up to €5000;
3. 5% on the part that remains afterwards, up to €10,000;
4. 1% on the part that remains afterwards, up to €200,000;
5. 0.5% over the remaining part.

Article 6 - Implementation period

1. If the Client owes an advance payment or has to provide information or materials, the period within which the Contractor must complete the work (the execution period) only starts when payment, information or materials have been received by the Contractor.
2. If a period has been agreed or specified for the execution of the order, this is never a deadline. If a period is exceeded, the Client must first give Contractor notice of default in writing.
3. The Client cannot terminate the order due to the Contractor exceeding the deadline. This does not apply if the execution is permanently impossible or if the Contractor also does not carry out the assignment within a period of time specified by him again in writing.

Article 7 - Third parties

Contractor may have work carried out (partly) by third parties. Articles 7:404 of the Dutch Civil Code (execution by a specific person), article 7:407 paragraph 2 (joint and several liability) and 7:409 of the Dutch Civil Code (death of a specific person) do not apply.
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Article 8 - Execution of the order

1. Contractor will carry out the assignment to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. The Client ensures that all information or materials necessary to carry out the order are provided in a timely manner.
3. If the Client does not provide the necessary information or materials in time, the Contractor may suspend the execution of the order and invoice the additional costs resulting from the delay. The Contractor is not liable for damage that occurs because the Contractor relied on incorrect or incomplete information provided by the Client.
    
    

Article 9 - Change of order

1. If during the assignment it appears that it is necessary to change or supplement the content of the assignment for proper execution, the parties will do so in mutual consultation.
2. Contractor can increase or decrease the agreed price. The Contractor will (if possible) provide a quote in advance. A change in the order may also change the specified period of execution. Client accepts the possibility of changing the order, price and execution period.
3. The Contractor may refuse a request to change the Client's order if this may have a qualitative or quantitative effect on the work.

Article 10 - Suspension, dissolution

1. Contractor may suspend the assignment if, due to circumstances (that are outside his control or of which he was not aware), he is temporarily unable to fulfil his obligations.
2. If compliance is permanently impossible, the parties can terminate the order for the part that has not yet been fulfilled.
3. The Contractor may suspend or terminate fulfillment of the order if the Client does not fulfill its obligations, does not fully or not fulfil its obligations on time. The Client must then pay or indemnify the Contractor compensation.

Article 11 - Early termination

1. If the Contractor cancels the order prematurely, the Contractor will transfer the work still to be performed to third parties, unless the termination is attributable to the Client. If the transfer of the work involves additional costs for the Contractor, the costs will be borne by the Client.
2. Contractor may terminate the order immediately (and is not obliged to pay compensation or compensation) in one of the following cases:

1. Client exceeds a payment term;
2. Client is bankrupt or in suspension of payment;
3. Client (company) is dissolved or liquidated;
4. Client (natural person) is placed under guardianship or dies;
5. There is another circumstance that means that the Client can no longer freely dispose of its assets.
   

Article 12 - Force majeure

1. Contractor does not have to fulfil its obligations in the event of force majeure.
2. During the period that the force majeure continues, the Contractor can suspend the obligations under the order. If this period lasts longer than 2 months, both parties may terminate the order without being obliged to pay compensation.
3. If the Contractor has partially fulfilled its obligations and if the fulfilled part has independent value, the Contractor may invoice the fulfilled part.
    
    

Article 13 - Reservation of ownership

1. Everything that the Contractor delivers remains the property of the Contractor until the Client has fully fulfilled all its obligations.
2. The Client must do everything it can reasonably do to secure the Contractor's property.
3. If the Contractor wants to exercise its property rights, the Client gives the Contractor unconditional and irrevocable permission to enter all places where the properties are located so that the Contractor can take them back.

Article 14 - Guarantees

1. Contractor guarantees that what he delivers meets the usual requirements and standards that may be set at the time of delivery.
2. This does not apply if a defect in the delivered goods occurs because the Client is incorrect or if the defect is caused by circumstances over which the Contractor cannot influence.

Article 15 - Research

1. The client must examine the delivered goods when they receive them or when the work has been carried out. The Client must investigate whether the quality and quantity of the delivered goods are in line with what has been agreed and whether it meets the requirements that the parties have agreed upon.
2. The Client must inform the Contractor in writing of any visible defects within fourteen days of delivery. He must inform the Contractor in writing of any invisible defects thirty days after their discovery. The report must include a detailed description of the defect.

Article 16 - Complaints

1. The client must report any complaints in writing and within one month of discovery (or - in case of invisible defects - after he was able to discover the defects).
2. If the Client submits a complaint on time, this does not suspend its payment obligation.
3. If the Client reports a complaint later, he is no longer entitled to repair, replacement or compensation.
4. If it is established that an item is defective and this has been reported on time, the Contractor will replace, repair or reimburse the defective item by the Client within a reasonable period of time after written notice of the defect.
5. If it is established that a complaint is unfounded, then the Contractor's costs that have arisen as a result (such as research costs) will be borne entirely by the Client.

Article 17 - Liability

1. The Contractor is only liable for direct damage suffered by the Client, which is directly and exclusively the result of a shortcoming on the part of the Contractor.
2. The Contractor is not liable for damage caused by relying on incorrect or incomplete information provided by the Client.
3. The Contractor's liability is always limited to the invoice value with a maximum of €0.00.
4. In any case, the Contractor's liability is limited to the amount that his insurer pays out in that case.
5. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Contractor.

Article 18 - Limitation period

The limitation period for all claims and defenses against the Contractor is 1 year.

Article 19 - Indemnification

1. The Client indemnifies the Contractor against any third-party claims that suffer damage as a result of the execution of the order and whose cause is not attributable to the Contractor.
2. If third parties appeal to the Contractor, the Client will assist him both outside and in court and will do everything that can be expected of him in that case.
3. If the Client does not take any measures, the Contractor may do so himself. All costs and damage that arise as a result for the Contractor are entirely at the expense and risk of the Client.

Article 20 - Intellectual Property

1. Contractor reserves all rights to plans, documents, images, drawings, software, creations and related information made by him. This also applies if you have been charged for this or if improvements have been made later.
2. The Client may not copy the items mentioned in the previous paragraph (if this is not for the Client's internal use), show them to third parties or make them available for any purpose other than for which they were provided by the Contractor, except with the Contractor's written consent.

Article 21 - Confidentiality

1. Unless there is a legal or professional obligation to disclose, the Contractor will keep all of the Client's information confidential from third parties.
2. The Contractor will not use the information provided by the Client for any purpose other than that for which it was obtained, except if the Contractor acts in a procedure where these documents may be important.
3. The Client will not disclose the content of agreements, order confirmations, offers, reports, advice or other statements, whether written or not, made by the Contractor and ensure that third parties do not see their content.

Article 22 - Nullity

If part of these terms and conditions is null and void or voidable, this does not affect the validity of the rest of the Agreement. The void or nullified part is replaced by a provision that follows the content of the void provision as much as possible.

Article 23 - Conflicting clause

In the event that these terms and conditions and the agreement contain conflicting terms, the terms contained in the agreement apply.

Article 24 - Applicable law and competent court

Dutch law. Amsterdam District Court

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