General conditions of service and performance of work by Allround Pro Security Team

General

Article 1

Paragraph 1

These general terms and conditions of provision of services and performance of work apply to all agreements concluded by the company hereinafter referred to as: Allround Pro Security Team BV with respect to the provision of services and performance of work for its client, hereinafter referred to as: the client. These general conditions also apply to all stages preceding the conclusion of such an agreement and to the services and work performed by the company prior to the conclusion thereof.

Paragraph 2

The clients own terms and conditions, which he would wish to declare applicable to the agreements referred to in paragraph 1 and the stages preceding their conclusion, do not apply, unless the company has expressly agreed to these terms and conditions, in whole or in part, in writing. has accepted.

Paragraph 3

If two agreements have been concluded with regard to the services to be provided, the date of the latter will apply.

Article 2

Paragraph 1

By concluding an agreement as referred to here, the company undertakes to provide normal Security services. Such normal services in any case do not include breaking strikes, becoming involved in any way in political or similar disputes, or becoming involved in disputes between the client and one or more third parties.

Paragraph 2

The company retains its services and works to the best of its knowledge and ability to thoroughly suggest the government requirements for private security organizations.

Article 3

The client undertakes to pay the price agreed between the parties for the services mentioned in the previous article, taking into account the conditions stated below. In addition, the client undertakes to provide the company with the opportunity to perform the agreed services and activities in a proper manner. This includes providing sufficient information to determine the necessary work.

Article 4

Paragraph 1

All quotations from the company are only binding if they are made in writing and accepted in writing by the client. Requests made by the client to provide services or carry out work will only create an agreement if these requests have been accepted in writing by the company.

Paragraph 2

If and to the extent that these general terms and conditions, or the agreement concluded between the company and the client, are deviated from, these deviations must be expressly agreed in writing. The provisions of these general terms and conditions from which no deviations are made remain fully applicable.

PRICE CHANGE

Article 4

If during the term of the agreement concluded by the company with the client, price-increasing changes occur as a result of, among other things, changes in wages and other employment conditions, surcharges on wages, premium increases for social laws, increases in expense reimbursements, as well as cost price increases due to external costs, the company is entitled to increase the rate agreed with the client in the interim, taking into account the rules set and to be set by the government in this regard. This authority only arises after three months have passed since the time at which the company and the client concluded the agreement.

PAYMENT

Article 6

Paragraph 1

The company is entitled to submit its invoice to the client at the beginning of the term for which payment must be made. In that case, the client is obliged to pay within 30 working days after the invoice date. In all other cases, the client is obliged to pay within 14 days after the invoice date. If no payment has been made within the stated periods, the client owes statutory interest on the invoice amount without further notice or notice of default, to be calculated respectively 14 days after the invoice date. The client will then also be liable for administration and collection costs, including court and bailiff costs, which always amount to 20% of the principal amount due, unless the actual costs are higher.

Paragraph 2

The client is not entitled to apply any discount or compensation to the price agreed with the company.

TERMINATION AND RENEWAL

Article 7

Paragraph 1

The agreements between the client and the company are entered into for an indefinite period, unless otherwise agreed. Parties are entitled to terminate an agreement for an indefinite period by registered letter, taking into account a notice period of three months.

Paragraph 2

A fixed-term agreement is deemed to have been extended for the same period after the agreed period unless the agreement has been canceled by the client or the company by registered letter no later than three months before the date of the end of the period.

BANKRUPTCY AND SURSÉANCE OF PAYMENTS

Article 8

The termination condition for the agreement concluded between the parties is the circumstance in which one of the parties is declared bankrupt or obtains (provisional) suspension of payments. If either situation threatens to occur at the client, the company is entitled to suspend its services.

LIABILITY

Article 9

The company is never liable for damage that cannot be avoided with the method of working applied, if urgency required by or on behalf of the client or by circumstances forces this method of working.

Article 10

Paragraph 1

The company is not liable for failure to perform the agreed work or to perform it incompletely if this is the result of force majeure. Force majeure is in any case understood to mean war, state of war, state of siege, civil war, rebellion, revolution, military or other takeover of power and plunder in connection with these circumstances, strikes and other labor conflicts elsewhere insofar as this makes it difficult for the company to provide its services , squatting, seriously hindering weather conditions, traffic disruptions, and more generally any cause that cannot be attributed to the company. The foregoing does not affect the company's obligation to try to prevent and avoid force majeure situations as much as possible.

Paragraph 2

If there is transport of goods by road, where the company acts as carrier, and to which the Road Transport Agreement Act applies, the company is not liable for damage caused by damage, insofar as this is caused by a circumstance that a careful carrier has not been able to avoid and insofar as such a carrier has not been able to prevent the consequences thereof.

Article 11

The company is not liable for damage if the client has provided insufficient or incorrect information on the basis of which the services or work to be provided by the company have been determined and carried out.

Article 12

The company is not liable for damage if the client has not held the company liable by registered letter within one week after the damage incident, and the company is limited in its possibilities to investigate the determine the damage and its causes.

Article 13

Paragraph 1

The company is only liable for damage to the client that is the result of gross negligence or intent on the part of the staff or management of the company, if and insofar as the gross negligence or intent is proven by the client.

Paragraph 2 

Without prejudice to the company's own liability, the company's employees will not be personally liable to the client for damage caused in the employment relationship, unless this concerns damage caused intentionally or due to gross negligence.

Article 14

Paragraph 1 

The company is not liable for business damage.

Paragraph 2 

The company is not liable for consequential damages.

Article 15

The Client undertakes to ensure that the working conditions under which company employees perform security services for the Client comply with working conditions legislation and related regulations. The Client is liable for all damage, including physical injury, to employees of the company, caused by or arising during the performance of the security services, and indemnifies the company against all claims from employees of the company on duty.

Paragraph 2

Damage resulting from the need to replace keys and/or locks, because company personnel have lost keys or the like, which are entrusted to the company in the context of the execution of the agreement, is limited to an amount of € 11.350 per event. After becoming aware of the loss or loss of the keys, the client undertakes to ensure that keys and key systems are replaced within 48 hours. The company is not liable for damage that occurs after the 48-hour period has expired because unauthorized persons have gained access to the premises to which the agreement relates using lost or lost keys.

Article 16

The client indemnifies the company against claims from third parties against the company against its personnel, with regard to the loss of or damage to goods in respect of which the company must provide services or work. This is insofar as those claims exceed the aforementioned maximums.

Article 17

If company personnel discover a criminal offense, it will be reported to the client. The decision to report this criminal offense is accepted by the client. This declaration will only be made by the company's staff at the client's request and under the client's responsibility. The client indemnifies the company and its staff against all claims from third parties in connection with such a declaration, regardless of whether the company or its staff are at fault in connection with the declaration.

PERSONNEL ACQUISITION

Article 18

The client will not in any way exercise or cause to be exerted influence on, or provide or cause to be provided, cooperation, in any form whatsoever, to an employee who works for the company, to be employed by him or third parties or to work directly for him or third parties, subject to forfeiting an immediately payable fine of € 11.350 per violation.

TERMS AND CONDITIONS OF SERVICES FOR EVENTS.

Article 19

Services are provided for the client in accordance with the instructions of Allround Pro-Security Team bv.

Article 20

The law is used at all times for all services and execution of the work.

Article 21

At the start of the services, the Allround Pro-Security Team bv employee identifies himself/herself with his/her identification card.

Article 22

All services include surcharges evening - night and weekend except public holidays.

Article 23

All services include travel costs and travel time reimbursement.

Article 24

All overtime hours will be charged extra. Article 22 does apply here.

Article 25

When you have signed, this is considered a legal order confirmation.

Article 26

Allround Pro-Security Team BV. can never be held liable under the chain liability law.

Article 27

Allround Pro-Security Team BV can never be held liable for destruction by third parties.

PAYMENT TERMS FOR EVENTS

Article 28

Voor alle facturen van de Allround Pro-Security Team geldt een aanbetaling van 70 % van de totale offerte, deze dienen 14 dagen voor de opdracht te zijn voldaan op ons rekening nummer die bij u staat vermeld bij de contact gegevens in de offerte. Tenzij anders schriftelijk overeengekomen. 

Subsequent calculation of events

Article 30

The remaining 30% and the additional or fewer hours will have to be paid on the basis of subsequent calculation, minus the deduction of the down payment, no later than 14 days after sending the final invoice. Event responsibility.

Article 31

The client is responsible for timely and full payment of the contractor's invoices unless otherwise agreed in writing. Liability during events.

Article 32

Allround Pro-Security Team BV is insured against damage and (possible) consequential damage that may arise during and as a result of the execution of the work, in accordance with the condition stated in the insurance policy and the general terms and conditions of Allround Pro-Security Team. See also delivery conditions filed with the Chamber of Commerce under no. 93262787.

CHOICE OF LAW AND JURISDICTION

Article 33

Dutch law applies to the agreements between the company and the client.

Article 34

All disputes arising or arising in connection with agreements between the company and the client will be submitted for settlement exclusively to the District Court in The Hague, or any other competent court, if the Company so chooses.

ENTRY INTO FORCE

Article 35

The above-mentioned General Terms and Conditions of services and performance of work and payment and delivery conditions of quotations, services and performance of work by Allround Pro-Security Team Bv come into effect on the day of filing with the Chamber of Commerce in The Hague, i.e. March 25, 2024 .

They must be stated as follows: Payment and delivery conditions for quotations and execution of work by Allround Pro-Security Team Bv.