AskHelmaGeneral Terms and Conditions
1.1. These general terms and conditions apply to all activities, quotations, and agreements of AskHelma and its clients, unless both parties have explicitly agreed to deviate from these terms and conditions in writing. If you are acting on behalf of a third party, these terms and conditions also apply to them. It is your responsibility to inform the third party about this. The direct client remains liable in the event of damage or non-fulfilled obligations, even if caused by a third party.
If one or more provisions of these general terms and conditions is/are wholly or partially destroyed or declared null or void by the court at any time, this will not affect the operation of the other provisions.
An exploratory meeting is free of charge.
All quotations are without obligation and valid for fourteen days, unless otherwise agreed.
As soon as a client approves a quotation from AskHelma, it is considered an assignment. This applies to both written and verbal approvals. Assignments are binding and these general terms and conditions apply to them.
In a quotation from AskHelma you will find a description of the assignment.
If a term has been agreed for the execution of certain activities or the delivery of certain items, this is not a deadline, unless stated otherwise. If this term is exceeded, the client therefore cannot attribute a shortcoming to AskHelma. Based on this, an assignment cannot be cancelled, and the client is not entitled to compensation. However, the client can set a reasonable new term for AskHelma to still execute the assignment. Exceeding this new term may provide grounds for the client to cancel the assignment.
In the quotation and on the invoice, AskHelma can make a distinction between different costs and hourly rates for different activities, if applicable.
The prices stated in an offer are exclusive of VAT and other government levies, unless stated otherwise. Necessary travel costs and other costs such as telephone costs associated with the assignment are charged separately. Unless these costs are included in the price.
3. Change, cancellation, and early termination of the assignment
If the assignment is supplemented or expanded after confirmation, the additional costs for this will be charged separately. An addition or extension of the assignment can also lead to the assignment being completed later.
If a client postpones or withdraws the assignment, AskHelma is under no obligation to edit/translate texts that have not yet been edited/translated. However, AskHelma is entitled to payment for the work performed and compensation for the part of the assignment that has not been executed.
In case of force majeure (such as illness) at AskHelma, the client will be notified of this immediately. During this period of force majeure, AskHelma’s obligations are suspended. I fit appears that compliance with the obligations is no longer possible, both parties have the right to dissolve the agreement by means of a written statement. The client is obliged to pay for the part of the assignment already carried out. AskHelma is in no way obliged to compensate damages and costs.
AskHelma has the right to terminate the assignment in whole or in part without summons and/or judicial intervention without obligation to pay compensation:
– if the client does not fulfil the obligation under the agreement;
– in case of (application for) bankruptcy or suspension of payment of the client;
– in the event of liquidation of the client’s company.
AskHelma’s claims on the client are in that case immediately due and payable.
4. Provision of necessary data
Data and information that are required to be able to perform a good text correction and/or translation must be delivered to AskHelma in a timely, clear, and complete manner.
The payment term of each invoice is 30 days.
Assignments that are completed within one month will be invoiced after completion of the work. For assignments that are not completed within one month, AskHelma has the right to invoice the work performed in the interim.
If the client fails to pay an invoice in time, the client will be in default by operation of law. The client then owes the statutory interest. The interest will be calculated from the moment the client is in default until the moment of payment of the full amount due. Extrajudicial or judicial collection costs are also at the expense of the client. These amount to at least 15% of the invoice amount with a minimum of €50,00 excluding VAT, unless the law provides otherwise.
In case of non-fulfilment of payment obligations, the client may not use the edited/translated texts provided by AskHelma in any way.
The payment obligation also applies when the client does not use the edited/translated texts.
If the client’s conduct or actions are the cause of AskHelma not being able to complete the assignment in a reasonable manner, AskHelma has the right to abandon the assignment. AskHelma is then entitled to the full fee as agreed in the quotation.
AskHelma is not liable for errors in the text after it has been checked and/or approved by the client.
AskHelma is not liable for errors made by third parties.
AskHelma does not accept any liability for any damage, unless intent or recklessness can be demonstrated. In that case AskHelma is only liable for compensation of the damage up to a maximum of the invoice amount or AskHelma will the delivered text free of charge.
AskHelma is not liable for damage, loss or destruction of objects, materials or data made available by the client.
7. Complaints and disputes
Visible defects must be reported to AskHelma in writing within eight days of delivery of the texts.
Invisible defects must be reported to AskHelma in writing within eight days of discovery.
Complaints about invoices must be reported to AskHelma in writing within eight days of the invoice date.
Unless proof to the contrary is provided, the data from AskHelma’s administration is decisive.
Every agreement between AskHelma and the client is exclusively governed by Dutch law, even if an obligation is wholly or partially implemented abroad or if the party involved in the legal relationship is domiciled there.
Both the client and AskHelma are obliged to keep secret all confidential data they process for the collaboration. This also applies after completion/termination of the assignment. Information is confidential if it is known or could reasonably have been known to be confidential.
Telephone +31 (0)6 5262 9434