Terms & conditions

Terms and Conditions Settle Down Support

1. Definitions

For the purpose of these Terms and conditions the following definitions, where capitalised and either singular or in plural, will have the meaning as indicated here below:
Agreement: any agreement between the Parties that exists of an Offer made by one Party and the acceptance thereof by the other Party.
Customer: the Party or person that accepted an Offer from SDS and entered into the Agreement with SDS.
Offer: a written proposal made by SDS that states the scope and content of the SDS Services.
Parties: SDS and customer together.
Party: one of the Parties, either Customer or SDS.
SDS: Settle Down Support, registered at Waterlinie 635, 5658NR Eindhoven, known by the Dutch Chambers of Commerce (“Kamer van Koophandel”) by number: 77245776 and represented by Marijke Nelisse.
Services: all Services that SDS has to offer and Parties agreed upon in the specific Agreement. SDS provides Services as (but not limited to): (i) advise on the use of materials, (ii) companies that supply the necessary materials, (iii) advise in relation to moving companies and contractors, (iv) knowledge of the Dutch culture in relation to moving, decoration and construction, (v) calculations of all related costs. Services may also include a Written report.
Written/in Writing: any written statement made by a Party or the Parties whether in hardcopy or digital, including (but not limited to) e-mail and text messages.
The Terms: These Terms and Conditions, used by Settle Down Support that apply on all Offers and Agreements of SDS.

2. Offers and execution of the Agreement

2.1. The Customer shall accept or reject the Offer within 60 (sixty) days after receiving the Offer.
2.2. The Agreement embodies the Offer made by SDS and the acceptance thereof by Customer.
2.3. Any changes to the Offer or the Agreement will be valid only if accepted by both Parties in Writing.
2.4. The scope of the Agreement and SDS activities related to Customer, can only be adapted with mutual prior Written consent.
2.5. The Services, as set out in the Offer, will start as soon as possible and in mutual agreement between Parties.
2.6. The Services will be considered to be delivered, when SDS has provided all hours and/or services and/or documents as set out in the Offer that Parties agreed upon.
2.7. SDS has an advisor role only. SDS will not make any physical changes to Customer’s building(s) and will only advise Customer on how to make all the arrangements for interior changes, decorating and moving-in.

3. Pricing and payment terms

3.1. The price for the SDS services is as set out in the Offer that Customer accepted. SDS will not change Customer’s price during the Agreement, unless it is in Customer’s favor.
3.2. Without prejudice to what is provided in 3.1, SDS will have the right to change prices from time to time at its own discretion.
3.3. SDS will invoice Customer 25% (twenty-five percent) of the agreed amount in advance. The payment of the other 75% (seventy-five percent) will invoiced when the Services as listed in the Offer are finished.
3.4. Customer will pay SDS’ invoices within 14 (fourteen) calendar days after the issuing date.
3.5. If Customer fails to meet the payment term as mentioned above, SDS will issue a notice of default. If Customer fails to pay the invoice before the date mentioned in such notice, Customer will be in default.

4. Parties obligations

4.1. SDS will use their expertise to provide Customer the necessary advise and the information, as set out in the Offer, in a professional manner.
4.2. Dates and deadlines mentioned in the Offer or other communication between the Parties are an estimate and will usually be met by SDS. If given dates or deadlines are not met, SDS will previously notify Customer in Writing and provide a new date or deadline.
4.3. Customer will provide SDS all information needed and will make sure all information is provided on time and that it is correct, free of error and complete.
4.4. SDS cannot be held responsible for missing a deadline in case the delay is due to Customer’s breach of the obligations mentioned in 4.3.
4.4. Customer understands SDS only advices customer on the amount and type of materials to be used and third parties that Customer could contact. Customer will contract third parties and buy materials on his own liability. SDS cannot be held responsible for the lack of quality of the work and materials provided by such third parties, unless SDS could have or should have known the materials or third parties were not up to standard.
4.5. SDS will do anything in her power to avoid bad choices in material, products or companies/third parties, as may be expected from a Dutch professional in this business. However, SDS cannot give any guarantee or warranty for events SDS has no influence on.
4.6. SDS will help and advise Customer in order to help create the home Customer wants, within the budget Customer has. Despite all effort and expertise, SDS cannot guarantee the results will be what Customer envisioned.

5. Confidentiality

5.1. All information and documents provided by Customer will be treated as confidential.
5.2. Both parties shall undertake to keep confidential all information and documentation that can be assumed to be sensitive information.

6. Intellectual property rights

6.1. SDS may create works in the definition of the Dutch Copyright Act (“Auteurswet 1912”) during the execution of the Agreement. SDS will retain all rights of intellectual property at all times and nothing in The Terms or any other notice or document, Written or otherwise, will imply the transfer to – or grant Customer any intellectual property right SDS may have.
6.2. Customer may use the work provided by SDS for the purpose as set out in the Offer or Agreement and/or any other written notice issued by SDS.
6.3. Without prejudice to provision 6.2 above, Customer may not publish, copy or otherwise make available to the public any of the work created by SDS, other than for the purpose of the Agreement.

7. Liability

7.1. SDS accepts all reasonable liability for damages that are directly caused by SDS and as far as required by any applicable and obligatory law.
7.2. As far as permitted by law, SDS cannot be held responsible or liable for damages or breaches caused third parties hired by Customer other than specified in paragraph 4. of The Terms.
7.3. As far as permitted by law and without prejudice to what is stated in paragraph 4. of The Terms, SDS has no influence on, or liability towards, the quality and availability of any products or materials purchased by Customer.

8. Term and termination of the Agreement

8.1. Unless stated otherwise, the Agreement will expire after 1 (one) year, or when the Services, as set out in the Offer, are delivered.
8.2. The Agreement may be terminated by Customer at any time and for any reason, without any liability towards SDS.
8.3. In case of termination of the Agreement, SDS has the right to invoice Customer with reasonable costs for time and expenses that SDS already made on behalf of Customer.

9. Language

9.1. Parties acknowledge and agree that English is or may not be both Parties, or one of the Parties, native language. In case of a misunderstanding or miscommunication, this will be taken into account.
9.2. Both Parties will communicate openly and will do their utmost best to avoid miscommunication due to language interpretation.

10. Governing law

The Terms and all Offers, Agreements and other Written notices or documents between the Parties will be governed by the laws of The Netherlands.