Terms & Conditions
Article 1: Definitions
1.1. User: Amanda Motion and its legal successors.
1.2. Customer: natural and legal persons entering into an agreement with Amanda Motion.
1.2. Customer: natural and legal persons entering into an agreement with Amanda Motion.
Article 2: General
2.1. These terms and conditions apply to all quotations and agreements between the user and the customer, unless expressly deviated from in writing.
2.2. The user expressly rejects the applicability of any conditions of the customer.
2.3. If any condition is wholly or partially void or annulled, the remaining conditions shall remain in full force. The user shall, in conjunction with the customer, replace the void or annulled condition with a new one. The new condition shall be drawn up in line with the purpose and intent of the condition being replaced.
2.4. These conditions also apply to agreements in which the user engages third parties for execution.
2.5. In case of ambiguity regarding a condition, it shall be interpreted in the spirit of these conditions. This interpretation shall also apply when a situation arises that is not covered by these conditions.
2.6. The user may deviate from or provide a different execution of these conditions in favor of the customer. However, this does not imply that these conditions are not applicable. The user retains the right to enforce compliance with these conditions.
2.2. The user expressly rejects the applicability of any conditions of the customer.
2.3. If any condition is wholly or partially void or annulled, the remaining conditions shall remain in full force. The user shall, in conjunction with the customer, replace the void or annulled condition with a new one. The new condition shall be drawn up in line with the purpose and intent of the condition being replaced.
2.4. These conditions also apply to agreements in which the user engages third parties for execution.
2.5. In case of ambiguity regarding a condition, it shall be interpreted in the spirit of these conditions. This interpretation shall also apply when a situation arises that is not covered by these conditions.
2.6. The user may deviate from or provide a different execution of these conditions in favor of the customer. However, this does not imply that these conditions are not applicable. The user retains the right to enforce compliance with these conditions.
Article 3: Quotation
3.1. The quotation is non-binding and valid for 14 days from the date of issue.
3.2. If the customer does not accept the quotation in writing within the stipulated period, the quotation expires, and the user is entitled to amend or withdraw the quotation.
3.3. The user has the right to amend or withdraw a quotation if it is based on incorrect or incomplete information provided by the customer.
3.2. If the customer does not accept the quotation in writing within the stipulated period, the quotation expires, and the user is entitled to amend or withdraw the quotation.
3.3. The user has the right to amend or withdraw a quotation if it is based on incorrect or incomplete information provided by the customer.
Article 4: Agreement
4.1. The agreement is concluded digitally or in writing and for an indefinite period, unless the nature or content of the agreement dictates otherwise.
4.2. The agreement specifies the services to be provided and includes the hourly rate or agreed-upon price. If it becomes apparent during the execution that the agreement is insufficient or if either party wishes to modify the agreement, this can be done by mutual agreement. The agreed-upon price may also be changed in such cases. The modification shall be agreed upon digitally or in writing.
4.3. During the execution of the agreement, the user shall adhere to the standards of good craftsmanship. The user shall carry out the agreement to the best of their knowledge and abilities, based on the state of knowledge at the time. The user has an obligation to make an effort and does not guarantee the achievement of a specific result.
4.4. If the agreement can be divided into separate parts, the user may choose to invoice these parts separately. The user may suspend parts of the agreement when approval is needed for the outcome of the previous part.
4.5. The user has the right to modify or terminate the agreement if the agreement is based on incorrect or incomplete information provided by the customer. The user may suspend the agreement or charge additional fees if the required information is not provided by the customer in a timely, correct, or complete manner.
4.6. The user may terminate or modify the agreement with one month's notice in favor of the customer. The user may terminate or modify the agreement without notice if circumstances arise that make it impossible to execute the agreement or if the unmodified continuation of the agreement cannot be reasonably expected from the user. The customer cannot terminate or modify the agreement prematurely.
4.7. At the user's discretion, the agreement may be fully or partially executed by third parties.
4.8. The user may suspend or terminate the agreement with immediate effect if the customer fails to fulfill obligations arising from the agreement or these conditions in a timely manner, and if such non-performance justifies suspension or termination. In this case, the user is not obligated to pay damages or compensation, while the customer is obligated to do so due to non-performance.
4.9. The user has the right to terminate the agreement with immediate effect, without notice or demand, if the customer applies for a suspension of payments, is granted a suspension of payments, files for bankruptcy or debt restructuring, is declared bankrupt, or if their business is liquidated.
4.2. The agreement specifies the services to be provided and includes the hourly rate or agreed-upon price. If it becomes apparent during the execution that the agreement is insufficient or if either party wishes to modify the agreement, this can be done by mutual agreement. The agreed-upon price may also be changed in such cases. The modification shall be agreed upon digitally or in writing.
4.3. During the execution of the agreement, the user shall adhere to the standards of good craftsmanship. The user shall carry out the agreement to the best of their knowledge and abilities, based on the state of knowledge at the time. The user has an obligation to make an effort and does not guarantee the achievement of a specific result.
4.4. If the agreement can be divided into separate parts, the user may choose to invoice these parts separately. The user may suspend parts of the agreement when approval is needed for the outcome of the previous part.
4.5. The user has the right to modify or terminate the agreement if the agreement is based on incorrect or incomplete information provided by the customer. The user may suspend the agreement or charge additional fees if the required information is not provided by the customer in a timely, correct, or complete manner.
4.6. The user may terminate or modify the agreement with one month's notice in favor of the customer. The user may terminate or modify the agreement without notice if circumstances arise that make it impossible to execute the agreement or if the unmodified continuation of the agreement cannot be reasonably expected from the user. The customer cannot terminate or modify the agreement prematurely.
4.7. At the user's discretion, the agreement may be fully or partially executed by third parties.
4.8. The user may suspend or terminate the agreement with immediate effect if the customer fails to fulfill obligations arising from the agreement or these conditions in a timely manner, and if such non-performance justifies suspension or termination. In this case, the user is not obligated to pay damages or compensation, while the customer is obligated to do so due to non-performance.
4.9. The user has the right to terminate the agreement with immediate effect, without notice or demand, if the customer applies for a suspension of payments, is granted a suspension of payments, files for bankruptcy or debt restructuring, is declared bankrupt, or if their business is liquidated.
Article 5: Amendment of Conditions
5.1. The user reserves the right to amend these conditions. The amended conditions will only come into effect once they have been communicated to the customer.
5.2. The customer has the right to terminate the agreement within two weeks after being notified of the amended conditions.
5.3. If the customer does not respond within two weeks to the notification, the user is entitled to assume that the customer has accepted the amended conditions.
5.2. The customer has the right to terminate the agreement within two weeks after being notified of the amended conditions.
5.3. If the customer does not respond within two weeks to the notification, the user is entitled to assume that the customer has accepted the amended conditions.
Article 6: Data and Deadlines
6.1. The customer shall provide the necessary data in a timely and complete manner. The customer is responsible for the accuracy of the data and declares that they are authorized to use this data. The customer indemnifies the user against third-party claims.
6.2. An agreed-upon deadline only starts after any materials and information have been provided by the customer. If applicable, a deadline only starts after payment of an agreed-upon advance.
6.3. The user will make every effort to meet the agreed-upon deadlines stated in the agreement. Exceeding the agreed-upon deadlines does not put the user in default.
6.4. What the user has delivered may be used by the user for publicity and promotional purposes.
6.2. An agreed-upon deadline only starts after any materials and information have been provided by the customer. If applicable, a deadline only starts after payment of an agreed-upon advance.
6.3. The user will make every effort to meet the agreed-upon deadlines stated in the agreement. Exceeding the agreed-upon deadlines does not put the user in default.
6.4. What the user has delivered may be used by the user for publicity and promotional purposes.
Article 7: Prices and Payment
7.1. The agreed-upon prices are exclusive of value-added tax.
7.2. Payment must be made within one month from the invoice date, to an account specified by the user, in the currency in which the invoice was issued.
7.3. Objections to the invoice amount must be reported in writing to the user within 14 days from the date of the invoice.
7.4. The customer is in default by operation of law if they do not make payment within the payment term. The customer is liable for statutory interest on the outstanding amount from the moment of default until the time of full payment.
7.5. If the customer remains in default, all reasonable extrajudicial and usual judicial costs related to collection will be borne by the customer. Statutory interest will also be charged on these costs.
7.6. Payments made by the customer shall first be used to settle the collection costs, followed by interest, and finally the principal amount, even if the customer indicates otherwise when making payment.
7.7. The customer is never entitled to set off a claim against the user without the user's consent. Objections by the customer to the delivered services or the invoice amount do not suspend the payment obligations. The customer may not suspend payment for any other reasons unless they can invoke one of the articles under section 6.5.3 of Book 6 of the Dutch Civil Code.
7.8. The user is entitled to request an advance payment from the customer. The customer is obliged to supplement this advance payment if the user deems it necessary.
7.2. Payment must be made within one month from the invoice date, to an account specified by the user, in the currency in which the invoice was issued.
7.3. Objections to the invoice amount must be reported in writing to the user within 14 days from the date of the invoice.
7.4. The customer is in default by operation of law if they do not make payment within the payment term. The customer is liable for statutory interest on the outstanding amount from the moment of default until the time of full payment.
7.5. If the customer remains in default, all reasonable extrajudicial and usual judicial costs related to collection will be borne by the customer. Statutory interest will also be charged on these costs.
7.6. Payments made by the customer shall first be used to settle the collection costs, followed by interest, and finally the principal amount, even if the customer indicates otherwise when making payment.
7.7. The customer is never entitled to set off a claim against the user without the user's consent. Objections by the customer to the delivered services or the invoice amount do not suspend the payment obligations. The customer may not suspend payment for any other reasons unless they can invoke one of the articles under section 6.5.3 of Book 6 of the Dutch Civil Code.
7.8. The user is entitled to request an advance payment from the customer. The customer is obliged to supplement this advance payment if the user deems it necessary.
Article 8: Liability
8.1. If the user were to be liable for any damage, their liability is limited to direct damage. The user's liability is limited to a maximum of the invoice value of the agreement, or that portion of the agreement to which the liability relates. The user's liability is in any case limited to the amount for which the user is insured.
8.2. The user is never liable for indirect damage, including consequential damage, loss of profits, missed savings, and damage due to business interruption. Furthermore, the user is never liable for damage arising from the user relying on incorrect or incomplete data provided by or on behalf of the customer.
8.3. Direct damage is solely defined as: the reasonable costs incurred to determine the cause and extent of the damage, the reasonable costs incurred to perform the agreement correctly, and reasonable costs to prevent or limit the damage. These costs are only considered direct damage when it is determined that the damage is attributable to the user.
8.4. The limitation of the user's liability is only valid when there is no damage as a direct result of willful misconduct or gross negligence of the user, one of their subordinates, or third parties engaged by them.8.5. If the user is unable to perform the agreement or perform it properly due to actions by the customer, the customer is liable for all direct and indirect damages incurred by the user.
8.6. The customer indemnifies the user against any claims by third parties who suffer damage in connection with the execution of the agreement and for which the cause is attributable to factors other than the user. If the user is held liable by third parties in this regard, the customer is obligated to provide assistance to the user, both in and out of court, promptly and in accordance with what is expected of them. If the customer fails to take adequate measures, the user is entitled, without notice, to take such measures themselves. All costs and damages incurred by the user and third parties as a result thereof shall be borne in full by the customer.
8.2. The user is never liable for indirect damage, including consequential damage, loss of profits, missed savings, and damage due to business interruption. Furthermore, the user is never liable for damage arising from the user relying on incorrect or incomplete data provided by or on behalf of the customer.
8.3. Direct damage is solely defined as: the reasonable costs incurred to determine the cause and extent of the damage, the reasonable costs incurred to perform the agreement correctly, and reasonable costs to prevent or limit the damage. These costs are only considered direct damage when it is determined that the damage is attributable to the user.
8.4. The limitation of the user's liability is only valid when there is no damage as a direct result of willful misconduct or gross negligence of the user, one of their subordinates, or third parties engaged by them.8.5. If the user is unable to perform the agreement or perform it properly due to actions by the customer, the customer is liable for all direct and indirect damages incurred by the user.
8.6. The customer indemnifies the user against any claims by third parties who suffer damage in connection with the execution of the agreement and for which the cause is attributable to factors other than the user. If the user is held liable by third parties in this regard, the customer is obligated to provide assistance to the user, both in and out of court, promptly and in accordance with what is expected of them. If the customer fails to take adequate measures, the user is entitled, without notice, to take such measures themselves. All costs and damages incurred by the user and third parties as a result thereof shall be borne in full by the customer.
Article 9: Intellectual Property
9.1. The user retains all intellectual property rights.
9.2. Any knowledge acquired by the user through the execution of the closed agreement may be used by the user for other purposes, unless it concerns confidential data from the customer.
9.2. Any knowledge acquired by the user through the execution of the closed agreement may be used by the user for other purposes, unless it concerns confidential data from the customer.
Article 10: Force Majeure
10.1. In the event of force majeure, the user's obligations arising from the closed agreement with the customer are suspended. The user shall inform the customer of the force majeure situation as soon as possible.
10.2. Force majeure includes, in addition to what is understood in law and jurisprudence as force majeure, all external causes, foreseen or unforeseen, over which the user has no influence and that prevent the user from fulfilling their obligations. This may include, among other things, labor strikes, technical complications, illness of personnel involved, government measures, and disruptions.
10.3. The user has the right to suspend their obligations during the force majeure situation. The user is not obliged to pay any compensation for damage resulting from the force majeure situation.
10.4. Parties have the right to terminate the agreement if the force majeure situation lasts longer than 60 days. Parties are not obliged to pay any compensation for damage resulting from the termination.
10.5. If the user has already partially fulfilled the agreement or can still fulfill it, and this part has independent value, the user has the right to invoice this part separately. This constitutes a separate agreement, and the customer is obliged to pay this invoice.
10.2. Force majeure includes, in addition to what is understood in law and jurisprudence as force majeure, all external causes, foreseen or unforeseen, over which the user has no influence and that prevent the user from fulfilling their obligations. This may include, among other things, labor strikes, technical complications, illness of personnel involved, government measures, and disruptions.
10.3. The user has the right to suspend their obligations during the force majeure situation. The user is not obliged to pay any compensation for damage resulting from the force majeure situation.
10.4. Parties have the right to terminate the agreement if the force majeure situation lasts longer than 60 days. Parties are not obliged to pay any compensation for damage resulting from the termination.
10.5. If the user has already partially fulfilled the agreement or can still fulfill it, and this part has independent value, the user has the right to invoice this part separately. This constitutes a separate agreement, and the customer is obliged to pay this invoice.
Article 11: Applicable Law and Disputes
11.1. Dutch law exclusively applies to all legal relationships in which the user is a party, even if an agreement is fully or partially executed abroad or if one of the parties involved in the legal relationship has their place of residence there. The application of the Vienna Sales Convention is excluded.
11.2. The court in the user's place of business has exclusive jurisdiction to hear disputes, unless the law stipulates otherwise. Nevertheless, the user has the right to submit the dispute to the competent court as prescribed by law.
11.3. Parties shall only resort to the courts after making every effort to resolve the dispute through mutual consultation.
11.2. The court in the user's place of business has exclusive jurisdiction to hear disputes, unless the law stipulates otherwise. Nevertheless, the user has the right to submit the dispute to the competent court as prescribed by law.
11.3. Parties shall only resort to the courts after making every effort to resolve the dispute through mutual consultation.