Terms and conditions Globawork International B.V.

Private limited company Globawork International B.V. (hereinafter: Globawork International) is registered with the Chamber of Commerce under number 84717211 and is located at Schiphol Boulevard 127 (1118BG) in Schiphol.

Article 1 - Definitions

1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.
2. Offer: any offer or quotation to the Client for the provision of Services by Globawork International.
3. Services: the Services that Globawork International offers are management and administrative support, including but not limited to social media management, agenda management, WhatsApp Business, preparing quotations, invoicing, newsletters, organizing events, meetings, marketing services and related activities.
4. Service provider: Private company Globawork International B.V., incorporated under Dutch law, established in the Netherlands and offering Services to the Client.
5. Events: Any performance and/or other manifestations in the broadest sense of the word.
6. Client: the legal entity that acts in the course of a business that Globawork International has appointed, has provided projects to Globawork International for Services that are performed by Globawork International, or to which Globawork International has made a proposal under an Agreement.
7. Agreement: any Agreement and other obligations between the Client and Globawork International, as well as proposals from Globawork International for Services that are provided by Globawork International to the Client and that are accepted by the Client and are accepted and performed by Globawork International with which these general terms and conditions form an inseparable whole .
8. Website: https://globawork.eu/

Article 2 - Applicability

1. These general terms and conditions apply to every Offer of Globawork International, every Agreement between Globawork International and the Client and to every service offered by Globawork International.
2. Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Globawork International will indicate to the Client how the Client can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from insofar as this has been explicitly agreed in writing with Globawork International.
4. These general terms and conditions also apply to additional, amended and follow-up orders from the Client.
5. The general terms and conditions of the Client are excluded.
6. If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and to the extent applicable.
10. In the event that Globawork International has not always demanded compliance with these general terms and conditions, it retains its right to demand compliance in whole or in part with these general terms and conditions.

Article 3 - The Offer

1. All offers made by Globawork International are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
2. Globawork International is only bound by an Offer if it is confirmed in writing by the Client within 30 days. Globawork International nevertheless has the right to refuse an Agreement with a (potential) Client for reasons that are justified for Globawork International.
3. The offer contains a description of the Services offered. The description is sufficiently specified, so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or dissolution of the Agreement.
4. Offers or quotations do not automatically apply to follow-up orders.
5. Delivery times in Globawork International's offer are in principle indicative and, if they are exceeded, do not entitle the Client to dissolution or compensation, unless expressly agreed otherwise.
6. A composite quotation does not oblige Globawork International to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price.

Article 4 - Conclusion of the Agreement

1. The Agreement is concluded at the moment that the Client has accepted an Offer or Agreement from Globawork International by returning a signed copy (scanned or original) to Globawork International, or gives an explicit and unambiguous agreement to the Offer by e-mail.
2. Globawork International has the right to revoke the (signed) Agreement within 7 working days after receipt of the acceptance.
3. Globawork International is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.
4. If the Client cancels an order that has already been confirmed, the costs already actually incurred (including the time spent) will be charged to the Client.
5. Any Agreement entered into with Globawork International or a project assigned to Globawork International by the Client rests with the company and not with an individual person associated with Globawork International.
6. The Client's right of withdrawal is excluded.
7. If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.

Article 5 - Term of the Agreement

1. The Agreement is entered into for a definite period of time, unless the content, nature or purport of the assignment implies that it has been entered into for an indefinite period of time. The duration of the assignment also depends on external factors, including but not limited to the quality and timely delivery of the information that Globawork International obtains from the Client.
2. Both the Client and Globawork International can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given written notice of default and it has been given a reasonable term to fulfill its obligations and it still fails to fulfill its obligations correctly to fulfill. This also includes the payment and cooperation obligations of the Client.
3. The dissolution of the Agreement does not affect the payment obligations of the Client insofar as Globawork International has already performed work or delivered services at the time of the dissolution. The Client must pay the agreed fee.
4. In the event of premature termination of the Agreement, the Client owes Globawork International the costs actually incurred up to that point at the agreed (hourly) rate. The time registration of Globawork International is leading in this.
5. Both the Client and Globawork International can terminate the Agreement in full or in part in writing with immediate effect without further notice of default being required if one of the parties is granted a moratorium, bankruptcy has been filed or the company concerned ends due to liquidation. If a situation as stated above occurs, Globawork International is never obliged to refund monies already received and/or compensation.

Article 6 - Performance of the service

1. Globawork International will make every effort to perform the agreed service with the greatest possible care, as may be expected of a good service provider. Globawork International guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing which is described in detail.
2. The Agreement on the basis of which Globawork International performs the Services is leading for the size and scope of the service. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the Services offered by Globawork International and the prices are based. Globawork International has the right to adjust its services and prices if the information provided turns out to be incorrect and/or incomplete.
4. In the performance of the Services, Globawork International is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Globawork International, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. Globawork International is entitled to engage third parties for the performance of the Services at its own discretion.
6. If the nature and duration of the assignment so require, Globawork International will keep the Client informed of the progress in the interim in the agreed manner.
7. If the parties have agreed that Globawork International will transcribe audio files supplied by the Client, Globawork International will make every effort to do this word for word, however Globawork International cannot rule out the possibility that it is incorrect on some points with regard to the sound recording of the Client. This also applies if the parties have agreed that Globawork International will take minutes during the meetings of the Client.
8. The performance of the Services is based on the information provided by the Client. If the information has to be changed, this may have consequences for any established planning. Globawork International is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all the requested information or has not provided all requested information on time or in the desired format, does not provide sufficient cooperation, any advance payment has not been received in time by Globawork International or if other circumstances, which are at the expense and risk of the Client, there is a delay Globawork International is entitled to a reasonable extension of the delivery or completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client.
9. The source code as well as the technical documentation of the website is at all times excluded from the right of use or object of a transfer to the Client.
10. Globawork International is not obliged to provide the Client with a physical carrier with the software.
11. If Globawork International also makes a backup of the Client's data on the basis of the Agreement, Globawork International will make a backup at fixed times in accordance with the Agreement and keep it in accordance with the agreed term. However, the Client is itself responsible for complying with the statutory retention and administration obligations that apply to it.
12. Globawork International is entitled, but never obliged, to investigate the correctness, completeness or coherence of the source materials, requirements or specifications made available to it and to suspend the agreed work upon discovery of any deficiencies until the Client has received the relevant deficiencies. taken away.
13. Globawork International has the right, unless otherwise agreed, to use images, software and components from third parties, including stock photos and open source software, in the development, configuration or modification of Design. The Client expressly indemnifies Globawork International against claims from third parties with regard to the use of the above.
14. Globawork International will keep the source files of the designs for as long as Globawork International provides Services for the Client, or it is likely that Globawork International will provide Services for the Client. Globawork International is entitled to delete the source files after this period. If the Client only gives follow-up orders with regard to this Design after this period, Globawork International is entitled to charge costs for the redevelopment, repair or recovery of these source files.

Article 7 - Obligations of the Client

1. The Client is obliged to provide all information requested by Globawork International as well as relevant appendices and related information and data in good time and/or before the start of the work and in the desired form for the correct and efficient execution of the Agreement. Failing this, Globawork International may not be able to fully implement and/or deliver the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Client.
2. Globawork International is not obliged to check the accuracy and/or completeness of the information provided to it or to update Client with regard to the information if it has changed over time, nor is Globawork International responsible for the correctness and completeness of the information compiled by Globawork International for third parties and/or provided to third parties in the context of the Agreement.
3. Globawork International may, if necessary for the performance of the Agreement, request additional information. Failing this, Globawork International is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify Globawork International immediately or no later than 3 working days after the change has become known.
4. The Client is obliged to protect all technical protections and other facilities of the Globawork International website, and to respect the intellectual property rights resting on the website.
5. The Client is responsible for suitable equipment and a user environment.

Article 8 - Organizing events and/or meetings

1. If the parties have agreed that Globawork International will organize events and/or meetings for the Client, the following provisions apply without prejudice to the provisions of article 6 of these general terms and conditions.
2. Globawork International can, if instructed to do so, represent the Client in the conclusion of one or more agreements between the Client and a third party for the actual execution of (project) activities to create a work of a material nature and/or supply or provide services.
3. Parties make clear agreements about communication. Globawork International is leading in this and indicates guidelines that must be followed by the Client, including but not limited to response times, a contact person with whom Globawork International can communicate, contact moments and more. If the Client does not attend any contact moment with Globawork International, the resulting consequences will be at the risk of the Client.
4. Parties must make clear agreements about possible calamities and safety. Globawork International is leading in this and indicates the guidelines that must be followed by the Client. The Client indemnifies Globawork International against all damage and consequential damage suffered by it if the Client, its employees or third parties engaged by it do not comply with (security) agreements made during the Event.
5. Communication with third parties engaged by Globawork International takes place exclusively through Globawork International.
6. If and insofar as goods are delivered by third parties, this will only take place within the scope of the Agreement between this third party and the Client, in accordance with the conditions of this third party. If and insofar as any guarantee is provided, this guarantee is only enforceable against this third party.
7. Globawork International is not obliged to disclose quotations, quotations, agreements, offers or other information from its suppliers to the Client.
8. The Client is hereby obliged to ensure that Globawork International has timely access to and free access to the Client's site, building and/or location on which or in which the Event is organized or the Services are to be performed;
9. The third parties engaged by it carry out their work and/or deliveries in such a way that Globawork International is not hindered in the execution of the Agreement;
10. The goods prescribed by the Client, as well as auxiliary persons, are delivered and/or available on time. Globawork International is not obliged to contract these independent assistants unless expressly agreed otherwise. All damage caused by the auxiliary persons proposed by the Client will be at the expense and risk of the Client.
11. The Client and other Clients must behave during the Event in accordance with public order, morality and the rules of decency applicable to the nature of the Visited Event. If and insofar as applicable, the Client must in this respect adhere to the directions and instructions given by (employees of) Globawork International.

Article 9 - Course and/or Workshop

1. If an order has been given to do so, Globawork International can provide a course for the Client and its employees. If a course is referred to below, this also includes a workshop.
2. The course takes place virtually.
3. The content of the course offered by Globawork International and the advice given during the course are not binding and only of an advisory nature, but Globawork International will observe its duties of care. The course is tailored as far as possible to the wishes of the Client as well as the needs of the relevant participant(s).
4. The Client will notify Globawork International in writing prior to the start of the course all circumstances that are or may be important, including any points and priorities to which the Client wishes attention.
5. Globawork International is entitled to cancel or move the course to another date if there are too few registrations. It is at the sole discretion of Globawork International to reschedule the course. If the Client is not available on the new date set, the Client is entitled to a pro rata refund of monies already paid or can participate in the course on another date. The parties will consult on this. If there are too many registrations, Globawork International is entitled to have the course take place in several sessions. If applicable, the aforementioned situation will be discussed with the Client in a timely manner.
   

Article 10 - Calender management, e-mail management, WhatsApp and spreadsheets

1. As part of the service, Globawork International can manage the Client's email account, calendar, WhatsApp and spreadsheets. If it has been agreed that Globawork International will carry out such management, the Client must provide its full cooperation, as well as access to its account and all required codes, login details and other necessary documentation at Globawork International's first request, unless otherwise agreed.
2. The scope of the management only extends to what has been explicitly agreed by the parties.
3. The nature of the service means that any results to be achieved depend on various external factors that can influence the results of the service, such as the quality and availability of the software or services of third parties required for the performance of the service, including Google. The aforementioned provisions never provide the Client with a ground for dissolution of the Agreement or a right to compensation.
4. In addition, management always depends on the human actions of third parties. Globawork International therefore does not guarantee the achievement of a certain number of sales and agreements.
5. If, in the opinion of Globawork International, the work exceeds its services, it is entitled to engage a third party for such work or to provide mediation between the Client and a third party for the performance of the service.
6. Despite the agreed service from Globawork International, the Client, in addition, always has an independent responsibility for the use of his e-mail account.
   
   

Article 11 - Telephone account management

1. In the context of telephone account management, Globawork International provides the following services: relationship management, customer contact, scheduling appointments and other related services.
2. Globawork International is responsible for applying for and obtaining the necessary insurances, permits and permissions required for the effective execution of the Agreement, such as in any case a Certificate of Good Conduct (VOG) for the employees involved in the execution of the Agreement. All employees of Globawork International meet the minimum language level insofar as can reasonably be expected of them for the effective execution of the Agreement. This has been determined based on the insight and experience of Globawork International.
3. The Client will make all resources requested by Globawork International, including in particular software, available, possibly against payment in an agreed manner, insofar as the performance of Globawork International's activities requires this. Globawork International has the right to impose additional conditions on the resources or items required for the execution of the Agreement.
4. The client is at all times personally and ultimately responsible for contact with its customers. Globawork International is only an intermediary in this and never represents (the company of) the Client.
5. Globawork International must receive a list of customer data from the Client in a timely and complete manner, before the start of the service. The persons on this list have the right to sign up for the Do Not Call Registry. If customers or prospects of the Client are registered in this register, Globawork International will not approach these persons. If, as a result, fewer people are called than expected in advance by the Client, this will be entirely at the expense and risk of the Client.
   
   

Article 12 - Social media management

1. As part of the service, Globawork International can manage the social media accounts of the Client for the purpose of improving the account, the market position, brand awareness or image (promotion). If it has been agreed that Globawork International will carry out such social media management, the Client must provide its full cooperation, as well as access to its website, account and all required codes and login details at Globawork International's first request, unless otherwise agreed.
2. The scope of social media management only extends to what has been explicitly agreed by the parties. In principle, Globawork International only places the content insofar as this has been supplied by the Client itself or insofar as the Client has given explicit prior permission for this. Globawork International will never post content without (prior) knowledge or approval of the Client. All content, changes (of layout) or otherwise implementing improvements on the part of Globawork International will be proposed to the Client insofar as Globawork International considers the implementation of these changes to be in the Client's interest.
3. The nature of the service means that any results to be achieved depend on various external factors that can influence the results of the service, such as the quality and availability of the software or services of third parties required for the performance of the service, including Google. . External factors such as, but not limited to, algorithms, rules, guidelines, policy, technological developments as well as human actions such as surfing behavior, can therefore influence the results and working method of Globawork International. Globawork International will carry out its activities with due observance of the aforementioned factors and any changes thereof. The aforementioned provisions never provide the Client with a ground for dissolution of the Agreement or a right to compensation.
4. The execution of social media management is also always dependent on the human actions of third parties. Globawork International therefore does not guarantee achieving a certain number of likes, new followers, views, etc. When placing Content for the Client, Globawork International adheres to the terms of use of the relevant social media parties. The Client cannot derive any rights if it suffers damage in any way whatsoever with regard to the customs and rules as applied by such social media parties.
5. If, in the opinion of Globawork International, the work exceeds its services, it is entitled to engage a third party for such work or to provide mediation between the Client and a third party for the performance of the service. This applies to writing texts, designing logos, layouts, taking photos and more.
6. Despite the agreed services from Globawork International, the Client always has an independent responsibility for the use of its social media account(s). If third-party licenses are necessary for the use of social media or works of intellectual property of third parties (such as photos, videos, layouts), the Client will purchase these licenses and ensure that the provisions contained therein are strictly observed.
7. Unless otherwise agreed, the Client is obliged to deliver all content intended for posts at least 1 week before the posting of these posts.
8. Carrying out social media management can cause (temporary) interruptions or changes in search position (ranking) on ​​the various social media channels with regard to the Client's account, which does not justify the Client's right to compensation.
9. For the implementation of social media management, Globawork International is at all times dependent on the availability and functionality of the relevant social media channels, as well as on the guidelines, rules and policies of these channels, but also the policies of third parties, including Google. The services are therefore performed with due observance of the restrictions set by the parties concerned.
10. If the Client itself wishes to make interim changes to the social media account or has such changes made by third parties, it must first consult with Globawork International before these changes are implemented. The Client is responsible for all consequences of changes or adjustments at the initiative of the Client that have not been explicitly approved in advance by Globawork International or that it has otherwise agreed to in advance. Any harmful consequences due to the aforementioned changes or adjustments are not a ground for liability of Globawork International.
    
    

Article 13 - Advice, quotations, invoices, newsletters and agreements

1. Globawork International can draw up advice, quotations, invoices, newsletters and agreements for the benefit of the services if so instructed.
2. The advice provided by Globawork International, in whatever form, can never be regarded as binding advice.
3. At Globawork International's first request, the client is obliged to assess proposals it has provided. If Globawork International is delayed in its work because the Client does not or not timely provide an assessment of a proposal made by Globawork International, the Client is at all times responsible for the resulting consequences, such as delay.
4. The nature of the service means that the result always depends on external factors that can influence the proposals and advice of Globawork International, such as the quality, correctness and timely delivery of the necessary information and data from the Client and its employees. The client guarantees the quality and the timely and correct delivery of the required data and information.
5. The Client will notify Globawork International in writing prior to the commencement of the work of all circumstances that are or may be important, including any points and priorities to which the Client wishes attention.
   
   

Article 14 - (Online) marketing services

1. Globawork International does not guarantee results regarding the provision of marketing services. Globawork International only applies a certain strategy that has yielded results in the past. Nor can Globawork International make any promises in this regard, but Globawork International will endeavor to obtain an improved position for the Client in Google or otherwise a visibility.
2. If Globawork International sets up SEO for the benefit of the Client, the budget for the SEO will be determined by the Client. If the Client wishes more work than is possible on the basis of the current rate, more costs must be charged for this. Such services in the context of SEO are clearly recorded in writing. The Client can supply content and/or information for this purpose.
3. Globawork International can supply SEO texts for the Client itself. Globawork International uses its own approach and style with regard to SEO services. If the Client has agreed to the performance of SEO services by Globawork International, the Client has also agreed to the approach used by Globawork International and the texts drawn up by Globawork International. The Client must make further agreements about this with Globawork International.
4. The performance of the SEO services is also dependent on guidelines, rules and policies of third parties such as Google. The services are performed by Globawork International subject to the restrictions imposed by the relevant third parties. If agreed, the Client must first give its approval before the advertisement can be further drawn up and/or placed.
   
   

Article 15 - Content creation

1. Globawork International can, if instructed to do so, take care of content creation, whether or not in the context of the marketing services. If any guarantee is given, this is limited to what has been expressly agreed in writing.
2. The Client will notify Globawork International in writing prior to the commencement of the work of all circumstances that are or may be important, including any points and priorities to which the Client wishes attention.
3. Content creation is an expression of creativity and taste. If the Client agrees to the Quotation as used by Globawork International, this also means that the Client agrees with Globawork International's own approach and style. Globawork International has the right to carry out the work according to its own technical and creative insight, insofar as nothing has been explicitly reported about this by the Client. All specific requirements and wishes of the Client must be jointly recorded in writing by the parties.
4. If Globawork International is required to hire additional material or space, or the expertise of third parties, or if it later appears that more time is required for the effective implementation of the agreement, additional costs may be charged during the Agreement. based on subsequent calculation. Globawork International will inform the Client of this in good time. The client must give written approval for this.
5. Globawork International may require the Client to make additional agreements regarding the execution, costs or duration of the Agreement if, in Globawork International's opinion, weather conditions or other external factors stand in the way of an effective execution of the agreement. In such a case, such circumstances may give rise to additional work.
6. The copyright on the works of Globawork International rests exclusively with Globawork International, unless explicitly agreed otherwise. Permission for use of a work by the Client is only granted in advance in writing in the form of a license as described by Globawork International in the offer in terms of nature and scope. Article 25 Copyright Act applies to the transferability of copyrights, attribution to a work or an infringement of Globawork International's copyrights.
7. If the Client requests ownership of the works, this can only be transferred with the explicit permission of Globawork International, whereby additional costs will be charged. Globawork International may require the Client to conclude a separate agreement for this. However, Globawork International is never obliged to comply with this request.
   
   

Article 16 - Website development

1. The Client is obliged to provide all necessary information in a timely manner, completely, correctly and in the desired form for the purpose of developing the website (including data files, software, documentation, advice, reports, analyzes and designs).
2. The parties will record all characteristics, functionalities, properties and more of the website to be developed in writing. The website is made solely on the basis of these written agreements. If the agreements made are too brief to meet the wishes of the Client, the parties must enter into consultation and adjust the agreements or the Agreement accordingly.
3. Globawork International is at all times entitled to request approval from the Client before a work developed by him is delivered or an associated user license is transferred.
4. The Client acquires a non-exclusive, non-transferable and non-sublicensable right to use the website from the moment that the Client has fully complied with its (payment) obligations, unless the parties have explicitly agreed otherwise in writing. The source files are explicitly excluded from the use of the Client. Unless the parties have explicitly agreed otherwise in writing, source files will not be delivered to the Client.
5. The website developed by Globawork International is delivered when the Client has signed or has given explicit approval for the website within a maximum period of 7 calendar days, unless a longer period has been agreed. To this end, the Client can check the written agreements. After the unused expiry of this term, the Client is deemed to have agreed with the website. Any repair work after this period is regarded as additional costs.
6. The parties can agree on a test period in which the Client determines any errors and/or defects. These defects must be reported in writing to Globawork International. The repair work is for the account of Globawork International, unless there are errors of use or errors that cannot be attributed to Globawork International. The repair period concerns a reasonable period, at least 7 days after the defects have been reported or confirmed by Globawork International.
7. If, after the test period and/or delivery, changes have to be made to the website, whether or not at the request of the Client, which have not been previously agreed in writing, the changes must be made on the basis of a new order. The Client is only entitled to a limited number of revision rounds, which are determined in consultation in the Agreement.
8. At Globawork International's first request, the client is obliged to assess proposals provided by Globawork International, at least within the agreed period. If Globawork International is delayed in its work because the Client does not or not timely make an assessment of a proposal made by Globawork International, the Client is at all times responsible for the resulting consequences, such as delay.
9. The nature of the service means that the result also depends on external factors that can influence the development, such as the quality, correctness and timely delivery of the necessary information and data from the Client and/or its employees. The client guarantees the quality and the timely and correct delivery of the required data and information.
   
   

Article 17 - Delivery of Services

1. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all the requested information or has not provided it on time, does not provide sufficient cooperation, the advance has not been received in time by Globawork International or due to other circumstances, which For the account and risk of the Client, Globawork International is entitled to a reasonable extension of the delivery or completion period. Under no circumstances are the specified terms strict deadlines, nor can Globawork International be held liable for exceeding the agreed term.
2. All damage and additional costs as a result of delay due to a cause referred to in paragraph 1 are for the account and risk of the Client and will be charged to the Client by Globawork International.
3. If the Client has to give approval, Globawork International is entitled to suspend the execution of the Agreement until the moment that the Client has given its approval.
4. Globawork International makes every effort to realize the service within the agreed term, insofar as this can reasonably be expected of it. In case of urgency, the Client is obliged to reimburse Globawork International for the additional costs involved.
5. Globawork International makes every effort to provide the Service in accordance with the Offer as much as possible.
6. Globawork International has the right to sign all design websites designed and/or developed by him, or to have his name mentioned. It also has the right to use all its designs, designs and all items to which its intellectual property rights rest for the purpose of its own promotion and/or publicity without obtaining (prior) explicit permission from the Client.
7. After delivery, the responsibility lies for correct compliance with the relevant third-party licenses when using the product developed by the Client. Globawork International will provide the Client with sufficient information about the applicable license conditions.
   
   

Article 18 - Additional activities and changes

1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the Client's request to achieve the desired result for the Client, the Client is obliged to pay for this additional work in accordance with the agreed rate. Globawork International is not obliged to comply with this request and may require the Client to conclude a separate Agreement and/or to refer it to an authorized third party.
2. If the additional work is the result of negligence on the part of Globawork International, Globawork International has made an incorrect estimate or could have reasonably foreseen the work in question, these costs will not be passed on to the Client.
3. If a fixed price has been agreed for the Services, Globawork International will inform the Client about the additional costs or financial consequences of the additional work.
4. If and insofar as a fixed price has been agreed for the performance of certain Services, and the performance of those Services leads to extra work that cannot reasonably be considered to be included in the fixed price, or the price has to be increased as a result of the incorrect data provided by the Client which are important for the price determination (unless Globawork International should have discovered the incorrectness of the data before determining the price), Globawork International is entitled to charge these costs, after consultation with the Client. to be delivered to the Client.
   
   

Article 19 - Risk transfer

1. The risk of theft and loss, misappropriation or damage to data, documents, software, data files and/or items that are used, made or delivered in the context of the execution of the Agreement, is transferred to the Client at the moment when these are actually in use. have been made to the Client's decision, or at the time of the first use of the web.
   
   

Article 20 - Warranties

1. Globawork International performs the Services in accordance with industry standards. If any guarantee is given, this is limited to what has been expressly agreed in writing. During the warranty period, Globawork International guarantees a sound and customary quality of the delivered.
2. The Client can only invoke the guarantee given by Globawork International if the Client has fully complied with its payment obligations.
3. If the Client rightly invokes the warranty, Globawork International is obliged to carry out a repair or replacement free of charge. In addition, if there is any additional damage, the applicable liability provisions of these general terms and conditions will be adhered to.
4. Globawork International does not guarantee that the website functions without errors and/or interruptions. Globawork International makes every effort to correct errors in the software within a reasonable period of time. The repair only applies to the website that has been developed by Globawork International itself, and the defects have been reported in time by the Client. Globawork International is entitled to postpone the repair until a new version of the software is put into use. Defects in software not developed by Globawork International can be repaired in consultation at the expense and risk of the Client.
5. Client accepts the website 'As is'.
6. The Client must immediately and in detail report any defects found to Globawork International in writing in such a way that Globawork International is able to reproduce and repair the defects. The defect is reported the moment the Client of Globawork International provides a confirmation of the report to the Client.
7. Any advice provided by Globawork International, based on information that is incomplete and/or incorrectly provided by the Client, is never a ground for liability on the part of Globawork International.
8. The content of the advice provided by Globawork International is not binding and only advisory in nature. The Client itself decides and under its own responsibility whether it will follow the proposals and advice mentioned herein from Globawork International. All consequences arising from the follow-up of the advice are for the account and risk of the Client. The Client is at all times free to make its own choices that deviate from the advice provided by Globawork International. Globawork International is not bound by any form of refund if this is the case.
9. Recovery also includes the provision of temporary solutions. The warranty never covers the recovery of corrupted or lost data. Globawork International is not obliged to restore this data. If agreed, Globawork International can reasonably cooperate, but is never responsible or obliged to restore any mutilated and/or lost data. The Client must at all times take measures to prevent and limit malfunctions, defects, mutilation and/or loss of data, whether or not on the basis of information provided by Globawork International.
10. Globawork International is not responsible for errors and/or irregularities in the functionality of the website and is not liable for the unavailability of the website for any reason. This also includes the unavailability of the Client's website as a result of an unforeseen malfunction or force majeure.
11. Globawork International's liability for (the functioning of) third-party plug-ins is excluded. Globawork International is not liable for damage arising as a result of or in connection with changes made or work performed in or to the Globawork International website that took place without the express permission of Globawork International.
12. During the warranty period, the Client can only invoke this warranty provision and Globawork International is not obliged to pay any compensation arising from the defects found during the warranty period.
13. If a defect is not covered by the free repair during the warranty period, the Client must reimburse the relevant costs.
    

Article 21 - Use and maintenance website

1. Globawork International makes the agreed and developed website available to the Client for use during the term of the Agreement on the basis of a user license. The right to use the website is non-exclusive, non-transferable, non-pledgeable and non-sublicensable and limited to these terms and conditions.
2. If agreed, Globawork International will perform maintenance on the website. The scope of the maintenance obligation extends to what has been explicitly agreed by the Parties. Even if this has not been explicitly agreed, Globawork International can carry out maintenance work or interrupt the performance of its services if it deems this necessary for the purpose of being able to perform maintenance. Carrying out maintenance can also cause interruptions in the performance of the services, which does not justify the Client's right to compensation.
3. The Client is obliged to report any defects, errors or other malfunctions in the website in writing to Globawork International, after which Globawork International will repair the errors and/or make improvements in accordance with its usual procedures. If desired, Globawork International is entitled to first apply temporary solutions, after which a structural solution can be devised and implemented in consultation with the Client.
4. The client is obliged to cooperate with Globawork International on first request.
5. Despite the agreed maintenance obligations of Globawork International, the Client has an independent responsibility for the management and use of the website.
6. For the purpose of maintenance, Globawork International is authorized to check (data) files for, among other things, computer attacks, computer viruses and unsafe and/or illegal acts, as well as to perform other acts that are necessary for the purpose of maintenance. The Client is also responsible for the instruction and use of the website by third parties engaged by the Client.
7. In principle, the maintenance includes the following Services (i) corrective, (ii) preventive and (iii) adaptive maintenance. In the event of corrective, preventive and/or adaptive maintenance, Globawork International is entitled to (temporarily) decommission the Service in whole or in part. The Client is not entitled to any compensation during this interruption. Globawork International will have the interruption take place outside office hours as much as possible and no longer than is necessary for maintenance.Globawork International is entitled to make changes in the technology of the data network or telecommunications network and other changes in the services offered by Globawork International. These changes may affect the peripheral equipment used by the Client, for which Globawork International cannot be held to pay any compensation.
   
   

Article 22 - Domain name registration

1. Globawork International offers domain name registration at the request of the Client at the applicable rates. The Client is responsible for being aware of the applicable laws and regulations. The Client is aware that a domain name registration does not entail registration of trademark rights.
2. The domain name registration, including the application, allocation, use and ownership of a domain name, is always subject to the rules of the relevant registration authority. Globawork International only has a best efforts obligation and offers no guarantee regarding the assignment of a domain name. The client is responsible for the correct delivery of a domain name and cannot hold Globawork International liable for registering a wrong domain name due to a (typing) error on the part of Globawork International. It is up to the Client to check this and adjust it if necessary.
3. The Client owes Globawork International a fee for the registration, use and ownership of the domain name. To this end, the Client concludes an agreement for an indefinite period, which can be terminated on a daily basis. The client is obliged to pay the fee in advance each year in one go.
4. The Client indemnifies Globawork International against any claims from third parties arising from infringements of intellectual property rights and all claims related to the use and ownership of the domain name. This also includes all claims by third parties with regard to the content of the Webshop, whereby Globawork International is held liable as holder and/or administrator of the domain name. The Client remains responsible and liable at all times for all claims from third parties. Globawork International will exercise its right of recourse if possible.
   
   

Article 23 - Prices and payment

1. All prices are in principle exclusive of turnover tax (VAT), unless otherwise agreed.
2. Globawork International carries out its services in accordance with the agreed hourly rate. The costs of the work are calculated afterwards on the basis of the time registration drawn up by Globawork International (actual calculation).
3. Expenses are passed on to the Client.
4. The Client is obliged to fully reimburse the costs of third parties, which are deployed by Globawork International after the Client's approval, unless expressly agreed otherwise.
5. The parties can agree that the Client must pay an advance. If an advance has been agreed, the Client must pay the advance before a start is made with the performance of the service.
6. The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
7. Globawork International is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
8. The Client must pay these costs at once, without settlement or suspension, within the specified payment term to the account number and details of Globawork International made known to it.
9. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement will become immediately due and payable.
   
   

Article 24 - Collection policy

1. If the Client does not meet its payment obligation, and has not fulfilled its obligation within the specified payment term, the Client is legally in default.
2. From the date that the Client is in default, Globawork International will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the compensation decision. for extrajudicial collection costs from 1 July 2012.
3. If Globawork International has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full legal and execution costs incurred are also for the account of the Client.
   

Article 25 - Privacy, data processing and security

1. Globawork International handles the (personal) data of the Client with care and will only use it in accordance with the applicable standards. If requested, Globawork International will inform the data subject about this.
2. The Client is responsible for the processing of data that are processed using a Globawork International service. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Globawork International against any (legal) claim related to this data or the execution of the Agreement.
3. If Globawork International is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, is not is unreasonable.
4. Globawork International can at all times be regarded as a (sub) Processor for the processing of the personal data of (the customers of) the Client. As Data Controller, the Client is at all times ultimately responsible for all processing that is carried out on behalf of and/or for the benefit of the Client. The client is obliged to conclude a processing agreement with Globawork International.
   
   

Article 26 - Suspension and dissolution

1. Globawork International has the right to retain the data, data files and more that it has received or realized if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force if a reason for Globawork International arises which justifies suspension in that case.
2. Globawork International is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed in writing to the Client.
3. In that case Globawork International is not liable for damage, for whatever reason, as a result of the suspension of its activities.
4. The suspension (and/or dissolution) does not affect the payment obligations of the Client for work already performed. In addition, the Client is obliged to compensate Globawork International for any financial loss that Globawork International suffers as a result of the Client's default.
   
   

Article 27 - Force majeure

1. Globawork International is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of Globawork International in any case includes, but is not limited to: (i) force majeure of suppliers of Globawork International, (ii) failure to properly fulfill obligations of suppliers that the Client or its third parties have given Globawork International are prescribed or recommended, (iii) defective software or any third parties involved in the execution of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of Globawork International or advisors engaged by it and (vii) other situations that in Globawork International's opinion fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In that case, all costs incurred before the dissolution of the Agreement will be paid by the Client. Globawork International is not obliged to compensate Client for any losses caused by such withdrawal.
   
   

Article 28 - Limitation of liability

1. If any result laid down in the Agreement is not achieved, a shortcoming on the part of Globawork International will only be deemed to exist if Globawork International has expressly promised this result when accepting the Agreement.
2. In the event of an attributable shortcoming on the part of Globawork International, Globawork International is only obliged to pay any compensation if the Client has given Globawork International notice of default within 14 days after discovery of the shortcoming and Globawork International has subsequently failed to remedy this shortcoming within a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that Globawork International is able to respond adequately.
3. If the provision of Services by Globawork International leads to liability on the part of Globawork International, that liability is limited to the total amount invoiced in the context of the Agreement, but only with regard to the direct damage suffered by the Client, unless the damage is the result of of intent or recklessness bordering on intent on the part of Globawork International. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability and the method of repair.
4. Globawork International expressly excludes all liability for consequential damage. Globawork International is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
5. The Client indemnifies Globawork International against all third-party claims as a result of a defect as a result of a service provided by the Client to a third party and which also consisted of Services provided by Globawork International, unless the Client can demonstrate that the damage was solely caused by the service. from Globawork International.
6. Any advice provided by Globawork International, based on information that is incomplete and/or incorrectly provided by the Client, is never a ground for liability on the part of Globawork International.
7. The content of the advice provided by Globawork International is not binding and only advisory in nature. The Client itself decides and under its own responsibility whether it will follow the proposals and advice mentioned herein from Globawork International. All consequences arising from the follow-up of the advice are for the account and risk of the Client. The Client is at all times free to make its own choices that deviate from the advice provided by Globawork International. Globawork International is not bound by any form of refund if this is the case.
8. Globawork International is not responsible for errors and/or irregularities in the functionality of the website, malfunctions or the unavailability of the website for any reason.
9. The Client is responsible for the correct security of its own computer, the security of passwords and more. In no event shall Globawork International be liable.
10. If and insofar as the Client provides login details for its (social media) account or other login details, this is done at all times at the Client's own expense and risk.
11. If the Client itself makes changes or adjustments to social media accounts or instructs a third party to do so, all consequences of this will be for the account and risk of the Client. Any consequences resulting from changes not expressly approved in advance by Globawork International or to which Globawork International has not expressly agreed and any harmful consequences thereof shall not constitute a basis for any liability on the part of Globawork International.
12. If the minutes and/or transcripts of Globawork International are not entirely correct, this will never lead to liability, unless there is intent or willful recklessness on the part of Globawork International.
13. If a third party is engaged by or on behalf of the Client, Globawork International is never liable for the actions and advice of the third party engaged by the Client as well as the processing of results (of advice prepared) of the third party engaged by the Client in Globawork International's own advice.
14. Globawork International does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Globawork International, nor for the timely receipt thereof.
15. All claims by the Client due to shortcomings on the part of Globawork International will lapse if these have not been reported to Globawork International in writing and with reasons within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. Globawork International's liability lapses one year after the termination of the Agreement between the parties.

    
    

Article 29 - Limitation of liability organizing events and/or meetings

1. If the services provided by Globawork International relate to the organization of events and/or meetings, the following provisions apply in addition to what is laid down in Article 28 of these general terms and conditions.
2. Globawork International is not liable for the way in which the program is completed, whether or not in modified form, including the content and duration of the program of the Event.
3. Globawork International excludes its liability for loss of goods and/or other property of the Client and as such does not accept any liability.
4. The Client is liable for damage to goods and/or items of Globawork International caused during the Event.
5. Globawork International expressly excludes all liability for damage resulting from failure to follow instructions given by Globawork International and to failure to observe the generally applicable rules of decency.
   
   

Article 30 - Confidentiality

1. Globawork International and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/commonly known, the information is not confidential and/or the information was not disclosed to Globawork International during the Agreement with the Client and/or was obtained by Globawork International in any other way.
2. In particular, the confidentiality relates to advice, reports, designs, working methods and/or reporting regarding the assignment of the Client drawn up by Globawork International. The Client is expressly prohibited from sharing its contents with employees who are not authorized to take cognizance of this and with (unauthorized) third parties. Furthermore, Globawork International always exercises the required care in dealing with all business-sensitive information provided by the Client.
3. If Globawork International is obliged by virtue of a statutory provision or a court decision to (partly) provide the confidential information to the law or competent court or a designated third party and Globawork International cannot invoke a right of nondisclosure, Globawork International is not obliged to any compensation and does not give the Client any ground for dissolution of the Agreement.
4. The transfer or dissemination of information to third parties and/or publication of statements, advice or productions provided by Globawork International to third parties requires the written consent of Globawork International, unless such consent has been expressly agreed in advance. The Client shall indemnify Globawork International against all claims by such third parties as a result of reliance on such information distributed without Globawork International's written consent.
5. Globawork International and the Client also impose the confidentiality obligation on third parties to be engaged by them.
   
   

Article 31 - Intellectual Property Rights

1. All IP rights and copyrights of Globawork International, including but not limited to all designs, models, reports and advice, are vested exclusively in Globawork International and will not be transferred to the Client unless expressly agreed otherwise.
2. If it has been agreed that one or more of the aforementioned items or works of Globawork International will be transferred to the Client, Globawork International is entitled to conclude a separate Agreement for this and to demand appropriate monetary compensation from the Client. Such compensation must be paid by the Client before it acquires the relevant items or works with the IP rights resting thereon.
3. The Client is prohibited from disclosing and/or multiplying, changing or making available to third parties (including use for commercial purposes) all documents and software to which the IP rights and copyrights of Globawork International rest, without the express prior written permission of Globalwork International. If the Client wishes to make changes to goods delivered by Globawork International, Globawork International must explicitly agree to the intended changes.
4. The Client is prohibited from using the items and documents on which the intellectual property rights of Globawork International rest other than as agreed in the Agreement.
5. The parties will inform each other and take joint measures if an infringement of IP rights occurs.
6. In the event of an infringement of the intellectual property rights, the Client owes an immediately due and payable fine in the amount of EUR 50,000, as well as EUR 500 for each day that the violation continues. This is without prejudice to Globawork International's right to claim additional compensation.
   
   

Article 32 - Indemnification and accuracy of information

1. The Client is responsible for the correctness, reliability and completeness of all data, information, documents and/or documents, in whatever form, that it provides to Globawork International in the context of an Agreement, as well as for the data that it has from third parties. obtained and which have been provided to Globawork International for the performance of the Service.
2. The Client indemnifies Globawork International against any liability as a result of the failure to fulfill or not timely fulfill its obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or documents.
3. The Client indemnifies Globawork International against all claims from the Client and third parties engaged by it or working under it, as well as from clients of the Client, based on the failure to obtain (timely) any subsidies and/or permissions required in the context of the execution of the Agreement.
4. The Client indemnifies Globawork International against all third-party claims arising from the work performed for the Client, including but not limited to intellectual property rights on the data and information provided by the Client that can be used in the performance of the Agreement and/or the acts or omissions of the Client towards third parties.
5. If the Client provides Globawork International with electronic files, software or information carriers, the Client guarantees that these are free of viruses and defects.
   
   

Article 33 - Complaints

1. If the Client is not satisfied with the service of Globawork International or otherwise has complaints about the execution of its assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported verbally or in writing via info@globawork.eu with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Client if Globawork International is to be able to handle the complaint.
3. Globawork International will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.The parties will try to find a solution together.
   

Article 34 - Applicable law

1. Dutch law applies to the legal relationship between Globawork International and the Client.
2. Globawork International has the right to change these general terms and conditions and will inform the Client thereof.
3. In the event of translations of these general terms and conditions, the Dutch version shall prevail.
4. All disputes arising from or as a result of the Agreement between Globawork International and the Client will be settled by the competent court of the Noord-Holland District Court, Haarlem location, unless mandatory provisions designate another competent court.
   

Schiphol, 1 February 2022.