Identity of the entrepreneur
Name entrepreneur: Let’s build IT B.V.
Trading under the name(s): Let’s build IT
Hereinafter referred to as LBI
Registered & visiting address:
Veranda 104, 1628 JZ, Hoorn
CoC number: 55483127
VAT number: NL851732653B01
These general terms and conditions apply to the creation, content and compliance of all agreements concluded with LBI. Further agreements, commitments and statements by or on behalf of LBI are only mandatory for LBI if they have been confirmed in writing by LBI. In case of a conflict, these general terms and conditions expressly exclude the application of all general terms and conditions, of whatever nature, of the client.
The origin of assignments
The agreement between LBI and the client is created by offering (quotation) and acceptance. LBI will strive for a written confirmation of the agreement from the client, including confirmation by means of electronic messaging. After the commencement of the work by LBI, even without written confirmation of the agreement by the client, it will be assumed that the assignment has been provided in accordance with the quotation.
Cancellation of assignments
The cancellation of an assignment by the client is only possible with the written consent of LBI. After awarding the cancellation, the client is obliged to compensate LBI for all damage that LBI, as a result of the cancellation, has suffered or will suffer. This includes the loss of profit of LBI, as well as other rights of LBI.
Execution of the assignment
LBI will execute the assignment to the best of its knowledge, ability, and in accordance with the requirements of good workmanship, all based on the current state of knowledge. If and to the extent that this is required for the proper execution of the assignment, LBI has the right to have the assignment executed in whole or in part by third parties.
Upon entering into the assignment, LBI will indicate which tariffs will be applicable in the execution of the assignment. Unless explicitly stated otherwise, this tariff is exclusive of VAT and excluding any costs. Any additional costs will be indicated.
The amount stated on the invoice must be paid within 30 days of the invoice date. In the event of an overdue payment, the client is in default without any notice of default being provided by LBI. After expiry of the payment term, the client owes interest on the invoice amount, without further notice of default, from the day the payment term has expired. The interest to be paid is 1% of the invoice amount for each month or part of it. In the event of an overdue payment, the client will be summoned by LBI in writing, initially by e-mail or ordinary mail. If no timely and full payment is made after this reminder, LBI will send a reminder by registered post. For this reminder, the client will, in respect of LBI, comply with the official collection costs. The Collection Costs Act (W.I.K.) as of 1 July 2012 states:
15% of the amount of the principal sum of the claim over the first € 2,500 of the claim, with a minimum of € 40;
10% of the amount of the principal sum of the claim over the next € 2,500 of the claim;
5% of the amount of the principal sum of the claim over the next € 5,000 of the claim;
1% of the amount of the principal sum of the claim over the next € 190,000 of the claim;
0.5% of the amount of the principal sum of the claim over the excess, with a maximum of € 6,775.
LBI retains all its intellectual property rights, including copyrights, in respect of everything that has been created, made and/or delivered in connection with the execution of the assignment between LBI and the client. LBI is permitted to use works produced within the framework of the assignment for its own promotional purposes.
LBI’s liability for damage of the client as a result of shortcomings in the execution of the assignment is limited to the amount that LBI has charged for the assignment in question. In the case of a standing order for which invoices are periodically sent, LBI’s liability is limited to the amount invoiced by LBI in the six months prior to the loss event. LBI is not liable for any consequential damage of the client. LBI’s liability to the client is in any case limited to the amount to which the liability insurance taken out by LBI entitles.
Applicable law and jurisdiction
Dutch law applies to all agreements concluded with LBI. Disputes arising from agreements concluded with LBI will only be submitted to the competent court in Amsterdam.