- Streamugo: Streamugo BV, established in Amersfoort under Chamber of Commerce no. 75699656.
- Customer: the person with whom Streamugo has entered into an agreement.
- Parties: Streamugo and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Streamugo.
- The parties can only deviate from these terms and conditions if they have expressly agreed this in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
- All prices that Streamugo uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
- All prices that Streamugo uses for its products or services, on its website or that have otherwise been made known, Streamugo may change at any time.
- The price relating to a service is determined by Streamugo on the basis of the hours actually spent.
- The price is calculated according to streamugo’s usual hourly rates, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
- If the parties have agreed on a total amount for a service provided by Streamugo, this is always a target price, unless the parties have expressly agreed in writing on a fixed price from which it is not possible to deviate.
- Streamugo is entitled to deviate from the target price up to 10%.
- If the target price is more than 10% higher, Streamugo must inform the customer in good time why a higher price is justified.
- If the target price is more than 10% higher, the customer has the right to cancel the part of the assignment that exceeds the target price plus 10%.
- Streamugo has the right to adjust the prices annually.
- Prior to its entry, Streamugo will communicate price adjustments to the customer.
- The consumer has the right to terminate the agreement with Streamugo if he does not agree with the price increase.
Consequences of not paying on time
- If the customer does not pay within the agreed period, Streamugo is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby a part of a month is charged for a whole month.
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to Streamugo.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Streamugo may suspend its obligations until the customer has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, streamugo’s claims against the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by Streamugo, he is still obliged to pay the agreed price to Streamugo.
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Unless the customer is a consumer, the customer waives his right to set off a debt to Streamugo against a claim against Streamugo.
- The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
- delivered goods that are necessary for the execution of the underlying agreement
- Streamugo business that is present at the customer’s premises
- goods delivered under retention of title
- At Streamugo’s first request, the customer provides the policy of these insurances for inspection.
When the parties have entered into an agreement with a service character, this only contains best efforts obligations for Streamugo, no result obligations.
Execution of the agreement
- Streamugo executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Streamugo has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
- It is the customer’s responsibility that Streamugo can start the execution of the agreement in a timely manner.
- If the customer has not ensured that Streamugo can start the execution of the agreement in time, the resulting extra costs and / or extra hours will be borne by the customer.
Provision of information by the customer
- The customer shall make all information, data and documents relevant for the correct execution of the agreement available to Streamugo in a timely manner and in the desired form and manner.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they come from third parties, insofar as the nature of the agreement does not result otherwise.
- If and insofar as the customer so requests, Streamugo will return the relevant documents.
- If the customer does not, not timely or not properly make available the information, data or documents required by Streamugoredelijkelijks and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.
Duration of the agreement
- The agreement between Streamugo and the customer is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
- If a fixed-term agreement has been entered into, it will be tacitly converted into an agreement for an indefinite period of time after the expiry of the term, unless 1 of the parties terminates the agreement with due observance of a notice period of 2 month (s), or a consumer terminates the agreement with due observance of a notice period of 1 month, then the agreement ends by operation of law.
- If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a deadline. If this period is exceeded, the customer must give Streamugo written notice of default.
Termination of the agreement for an indefinite period of time
- The customer can terminate an agreement that has been entered into for an indefinite period of time at any time with due observance of a notice period of 2 months.
- A consumer has the right to terminate an agreement for an indefinite period of time with due observance of a notice period of 1 month.
The customer indemnifies Streamugo against all claims from third parties that are related to the products and/or services delivered by Streamugo.
- The customer must examine a product or service provided by Streamugo as soon as possible for any shortcomings.
- If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Streamugo thereof as soon as possible, but in any case, within 1 month after discovery of the shortcomings.
- Consumers must inform Streamugo of this within 2 months after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that Streamugo can respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Streamugo being held to perform other work than agreed.
- The customer must make any notice of default known to Streamugo in writing.
- It is the customer’s responsibility that a notice of default reaches Streamugo (in time).
Customer joint and several liability
If Streamugo enters into an agreement with several customers, each of them is joint and severally liable for the full amounts that they owe to Streamugo under that agreement.
- Streamugo is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- If Streamugo is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
- Streamugo is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
- If Streamugo is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Streamugo expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right of rescission
- The customer has the right to dissolve the agreement if Streamugo impreciably fails to comply with its obligations, unless this shortcoming, given its special nature or minor importance, does not justify the dissolution.
- If streamugo does not permanently or temporarily impossible to fulfil its obligations, dissolution can only take place after Streamugo is in default.
- Streamugo has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Streamugo has become aware of circumstances that give him good reason to fear that the customer will not be able to properly fulfill his obligations.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Streamugo in the fulfilment of any obligation towards the customer cannot be attributed to Streamugo in a situation independent of streamugo’s will, because of which the fulfilment of its obligations towards the customer is prevented in whole or in part or because of which the fulfilment of its obligations cannot reasonably be required of Streamugo.
- The force majeure situation referred to in paragraph 1 also includes – but not exclusively – a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which Streamugo cannot fulfil 1 or more obligations to the customer, those obligations will be suspended until Streamugo can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Streamugo does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement for its execution, it appears necessary to change or supplement its content, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
Modification of general terms and conditions
- Streamugo is entitled to change or supplement these general terms and conditions.
- Minor changes can be made at any time.
- Streamugo will discuss major substantive changes with the customer as much as possible in advance.
- Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Streamugo.
- This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Streamugo had in mind when drawing up the conditions on that point.
Applicable law and competent court
- Any agreement between the parties is exclusively governed by Dutch law.
- The Dutch court in the district where Streamugo is located/ practices/ has its office has exclusive jurisdiction to take cognizable of any disputes between the parties, unless the law prescribes otherwise.
Duly noted on 14 November 2021.