1.1 In these general terms and conditions, the following capitalized terms are used in the following meaning, unless expressly stated otherwise or the context shows otherwise:
Purchase Agreement: The agreement for the contracting of work, the agreement for services and any other agreement for the performance of work, the delivery of services and/or products between the Contractor and the Quotation Requester;
Duo Home Solutions: The user of these general terms and conditions: Duo Home Solutions, registered with the Chamber of Commerce under Chamber of Commerce number 84354798;
Quotation request: The request for quotation that a Quotation Requester has submitted via the Website or that Duo Home Solutions or in any other way has received from the Quotation Requester;
Quotation Requester: The natural or legal person who has submitted a Quotation Request to Duo Home Solutions for the performance of work and/or for the provision of services or products;
Contractor: The legal person or natural person who acts in the exercise of his profession or his company who has entered into an Agreement with Duo Home Solutions.
Agreement: The brokerage agreement between Duo Home Solutions and the Contractor;
In writing: In writing or by e-mail;
Website: The website www.duohomesolutions.nl managed by Duo Home Solutions.
1.2 Unless the context indicates otherwise, defined terms in the singular also refer to the plural and vice versa.
Article 2. General
2.1 These general terms and conditions apply to all Agreements between Duo Home Solutions and the Contractor.
2.2 The present terms and conditions also apply to all Agreements for the execution for which Duo Home Solutions engages third parties.
2.3 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in Writing.
2.4 The applicability of the (purchase) conditions used by the Contractor is expressly rejected.
2.5 If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. In that case, Duo Home Solutions has the right to substitute a provision that is not unreasonably onerous for the Contractor and that approaches the invalid provision as closely as possible.
2.6 Duo Home Solutions has the right to unilaterally change these general terms and conditions and to declare the amended general terms and conditions applicable to the existing Agreement. The Contractor will be informed In Writing of the amended general terms and conditions and of the effective date.
2.7 If Duo Home Solutions does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that Duo Home Solutions would to any extent lose the right to ensure strict compliance with the provisions of to request these general terms and conditions.
Article 3.Establishment of the Agreement
3.1 The Agreement is concluded at the moment that Duo Home Solutions and the Contractor have signed the Agreement.
4.1 The Contractor can create an account on the Website.
4.2 The Contractor must keep his username and password with which he can log in to the Website secret.
4.3 If the Contractor finds that a third party is making unauthorized use of his account, the Contractor must: To notify Duo Home Solutions thereof without delay; Change his password.
4.4 If the Contractor has forgotten his password, the Contractor can submit a request via the Website to reset his password. An e-mail will then be sent to the Contractor with which he can reset his password.
4.5 Duo Home Solutions cannot be held liable in any way for the loss of the login data applied by the Contractor or for unauthorized use by a third party of the Contractor’s account.
4.6 Duo Home Solutions has the right to block the Contractor’s access to his account on the Website without the Contractor being entitled to any form of compensation, if:
The Contractor acts contrary to the objective of the Website, legislation or regulations, the Agreement and/or these general terms and conditions;
The Contractor acts unlawfully towards Duo Home Solutions.
4.7 Duo Home Solutions is not liable for any damage suffered by the Contractor as a result of blocking access to his account on the Website.
Article 5.Implementation of the Agreement
5.1 Duo Home Solutions’ commitment to the Contractor is an obligation of best efforts and not an obligation of result. Duo Home Solutions does not guarantee that the Agreement will lead to one or more Purchase Agreements, to more brand awareness, to more customers or more website visitors.
5.2 Entering into the Agreement with Duo Home Solutions does not mean that Duo Home Solutions is obliged to send Quotation Requests to the Contractor.
5.3 The Agreement is not entered into on an exclusive basis. Therefore, Duo Home Solutions has the right to send a Request for Quotation sent to the Contractor to other cooperation partners of Duo Home Solutions.
Article 6. Details of the Quotation Requester
6.1 The Contractor will treat the (personal) data of a Quotation Requester confidentially and will only use it for submitting the quotation and for the execution of the Purchase Agreement. Use for any other purpose is prohibited, including:
Sending unsolicited e-mail(s), the content of which is of a general or commercial nature (so-called spam);
Selling personal data of Quotation Applicants.
6.2 Information from the Quotation Applicants may not be shared with third parties without the permission of Duo Home Solutions.
6.3 The Contractor must process personal data of Quotation Applicants in accordance with the law, and in particular reference is made to the General Data Protection Regulation (GDPR) and the Telecommunications Act.
Article 7.Position of Duo Home Solutions
7.1 Duo Home Solutions is not a party to the Purchase Agreement. Therefore, Duo Home Solutions is never liable for any problems or conflict, such as failure to pay, that arises between the Contractor and the Quotation Requester. If the Quotation Applicant fails to fulfil his obligations towards the Contractor, this is a matter between the Quotation Applicant and the Contractor.
7.2 Duo Home Solutions does not guarantee that information provided by a Quotation Requester corresponds to the truth. Duo Home Solutions is never liable if a Quotation Requester has provided incorrect information to Duo Home Solutions or to the Contractor.
Article 8.Obligations of the Contractor
8.1 All information that the Contractor provides to Duo Home Solutions when the Agreement is concluded and during the Agreement must be correct, complete and current. If changes occur in its data, the Contractor must immediately notify Duo Home Solutions of such changes.
8.2 The Contractor will not use the Request for Quotation and other data of the Quotation Requester forwarded by Duo Home Solutions in such a way that:
The privacy interests of the Quotation Requester are harmed;
Acting is contrary to the purpose of use made known by Duo Home Solutions;
The good name of Duo Home Solutions is being damaged.
8.3 The Contractor indemnifies Duo Home Solutions against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Contractor.
8.4 If the Contractor acts contrary to these general terms and conditions, the Agreement, laws and regulations, or violates the rights of third parties, Duo Home Solutions is entitled to terminate the Agreement with the Contractor with immediate effect and restrict access for the Contractor to its account on the Website. The Contractor will be informed of this by e-mail.
9.1 The fee that the Contractor owes Duo Home Solutions for its services is clearly stated in the Agreement.
9.2 Duo Home Solutions has the right to adjust its rates during the Agreement. The Contractor will be notified In Writing of a rate adjustment and of the effective date. If the Contractor does not agree with the rate change, the Contractor may terminate the Agreement by means of a Written statement.
Article 10. Invoicing and payment
10.1 The invoice will be sent to the Contractor by e-mail.
10.2 Payment must be made within 30 days of the invoice date. After the expiry of this strict payment term of 30 days after the invoice date, the Contractor is in default without further summons being required. From the moment the Contractor is in default until the full outstanding invoice amount has been paid, the Contractor owes the statutory interest for commercial transactions. In addition, all judicial and extrajudicial costs that Duo Home Solutions must incur to collect the claims against the Contractor are for the account of the Contractor. The extrajudicial collection costs are set at 15% of the principal sum with a minimum of €100.
10.3 In the event of liquidation, bankruptcy or suspension of payment of the Contractor, the claims of Duo Home Solutions and the obligations of the Contractor towards Duo Home Solutions will be immediately due and payable.
10.4 Every payment by the Contractor will first serve to pay the interest owed and then to pay the collection costs. Only after payment of these amounts will any payment by the Contractor serve to settle the principal sum that has been outstanding the longest.
Article 11. Force majeure
11.1 Duo Home Solutions is not obliged to perform the Agreement if it is prevented from doing so as a result of force majeure. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Duo Home Solutions cannot exert any influence, but as a result of which Duo Home Solutions is unable to fulfil obligations. Force majeure includes in any case: extreme weather conditions; floods; theft; natural disasters; terrorism; riot; epidemics; pandemic; quarantine obligation; barriers by third parties, including governments; illness or personal (family) circumstances of the natural person who performs the Agreement on behalf of Duo Home Solutions; traffic obstructions; car breakdown; wars or dangers of war; fire; Internet malfunction; Power failure; computer intrusion; hacker attack; cyber attack; disruption in e-mail traffic; government measures; changes in laws and regulations.
Article 12. Liability and limitation
12.1 Duo Home Solutions cannot guarantee the continuous availability of the Website. Duo Home Solutions is not liable if the Website is temporarily unavailable or if the Contractor is temporarily unable to log in to the Website.
12.2 Duo Home Solutions is not liable for damage, of whatever nature, because Duo Home Solutions has based on incorrect and/or incomplete information provided by the Contractor.
12.3 If a forwarded Request for Quotation does not lead to a Purchase Agreement, Duo Home Solutions is not liable for this.
12.4 Duo Home Solutions is not liable if entering into the Agreement does not lead to the result desired by the Contractor, such as more new customers.
12.5 Duo Home Solutions is not liable for mutilation or loss of data as a result of sending the data using telecommunications facilities.
12.6 Duo Home Solutions is not liable for damage caused by hacker activities.
12.7 Duo Home Solutions is never liable for indirect damage, including consequential damage, lost turnover, lost profit, lost savings, damage due to business interruption, labour costs, fines imposed and reputational damage.
12.8 If Duo Home Solutions should be liable for any damage, the liability of Duo Home Solutions is limited to the amount that Duo Home Solutions has invoiced for the services to which the liability relates.
12.9 Any legal claim against Duo Home Solutions due to a defect in the execution of the Agreement lapses 1 year after the Contractor has discovered or could reasonably have discovered the damage.
Article 13. Dissolution and suspension
13.1 Duo Home Solutions is authorized to suspend the fulfilment of the obligations or to dissolve the Agreement with immediate effect by means of a Written statement, if:
The Contractor does not or not fully comply with the obligations under the Agreement;
After the Agreement has been concluded, Duo Home Solutions has become aware of circumstances that give good grounds to fear that the Contractor will not fulfil its obligations.
13.2 Duo Home Solutions is also authorized to dissolve the Agreement if circumstances arise of such a nature that fulfilment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature. are that unaltered maintenance of the Agreement cannot reasonably be expected.
13.3 Duo Home Solutions is authorized to dissolve the Agreement if the Contractor requests suspension of payments or if this is granted to the Contractor, if the Contractor is declared bankrupt or a request is submitted to that effect, if the Contractor is unable to pay its debts. proceeds to termination or liquidation of his business, is placed under guardianship, or if a trustee is appointed.
13.4 If the Agreement is dissolved, Duo Home Solutions’ claims against the Contractor are immediately due and payable.
Article 14.Intellectual property
14.1 Every intellectual property right with regard to the Website and where it concerns information provided by Duo Home Solutions to the Contractor, remains with Duo Home Solutions.
14.2 The Contractor must respect the intellectual property rights of Duo Home Solutions at all times.
Article 15. Confidentiality
15.1 Duo Home Solutions and the Contractor are obliged to maintain the confidentiality of all confidential information that they have obtained from each other in the context of their Agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
15.2 If, on the basis of a statutory provision or a court decision, Duo Home Solutions is obliged to provide confidential information to a third party designated by the law or the competent court and Duo Home Solutions cannot rely on a legal or competent court in this regard. recognized or permitted right of non-disclosure, Duo Home Solutions is not obliged to pay compensation or compensation.
Article 16.Personal data
Article 17. Customer service
17.1 For questions about the services of Duo Home Solutions or to submit a complaint, the Contractor can contact the customer service of Duo Home Solutions. Duo Home Solutions customer service can be reached via:
17.2 Questions and/or complaints will be dealt with by Duo Home Solutions as soon as possible.
17.3 The Contractor must give Duo Home Solutions the opportunity to investigate the complaint.
Article 18. Expiration period
18.1 Insofar as not provided otherwise in these general terms and conditions, rights of action of the Contractor for whatever reason against Duo Home Solutions in connection with the performance of work by Duo Home Solutions in any case after 1 year after the moment at which the Contractor became known or could reasonably have been aware of the existence of these rights.
Article 19. Applicable law and competent court
19.1 All Agreements between the parties and obligations arising therefrom or in connection therewith are governed by Dutch law.
19.2 All disputes that may arise between Duo Home Solutions and the Contractor will be adjudicated exclusively by the competent court in the Netherlands within whose jurisdiction the registered office of Duo Home Solutions is located.