1. General terms and conditions
These general terms and conditions apply to all quotations, activities and assignments in the broadest sense of the word, as well as to the agreements thus concluded or legal acts carried out by RDM Next on behalf of the client.
2. Deviation from conditions
Stipulations and agreements deviating from these conditions are only legally valid if they have been confirmed in writing by RDM Next.
3. Purchasing or other conditions
The applicability of any purchasing or other conditions of the client is expressly rejected.
4. Dutch law
Dutch law applies to the relationship between RDM Next and the client.
5. Client
The Client is every natural person and legal entity that uses the services of RDM Next
6. Costs
Costs, all costs approved by the client and paid to third parties incurred by RDM Next BV in the context of the fulfillment of the assignment.
Assignment
7. Contents of assignment
RDM Next puts the content of the assignment in writing based on data collected during conversations with the client.
8. Start work
As soon as the assignment, in the form of an agreement, has been signed by both parties, RDM Next starts the agreed activities.
9. Change of assignment
Changes to the content of the assignment are regarded as premature termination of the existing assignment and as the granting of a new assignment.
10. Change of activities
If during the execution of the agreement it appears that it is necessary for proper execution to change or supplement the work to be performed, the parties will adjust the agreement accordingly in mutual consultation.
11. Time of completion
If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. RDM Next will inform the client of this as soon as possible.
12. Information about changes
If the change or addition to the agreement will have financial and/or qualitative consequences, RDM Next will inform the client of this in advance.
13. Information about exceeding the fee
If a fixed fee has been agreed, the contractor will indicate to what extent the amendment or addition to the agreement will result in this fee being exceeded.
14. Additional costs
Notwithstanding Article 12, the contractor will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to the contractor.
15a. Cancellation
If the tenant does not make use of the rental after agreeing to the quotation, the tenant remains obliged to pay the full rental price and the (additional) costs.
15b. Regular cancellation
Client has the right to cancel the rental. This can only be done in writing. After acceptance of the quotation, the following cancellation conditions apply:
- If you cancel at least 4-3 weeks in advance, 50% will be charged of the quoted amount.
- If you cancel at least 2-1 weeks in advance, 75% of the quoted amount will be charged.
- If you cancel at least 1 week in advance, 100% of the quoted amount will be charged.
15c. Cancellation due to force majeure
Both parties clearly agree that the tenant cannot invoke force majeure when canceling the rental agreement, whether in whole or in part.
15d. Cancellation during Covid-19
If a pandemic/epidemic such as Covid-19 occurs in a certain year, or if there are government measures in the Netherlands that make it impossible for the tenant to carry out the event, the tenant can move the event to another date within 13 months. The tenant then pays administrative and preparation costs of 10% of the rental price, with a minimum of € 500.00 excl. VAT. If the event still cannot take place after relocation for the same reasons, the tenant does not have to fulfill the rental agreement and must pay the administrative and preparation costs again.
15th. Government regulations
If the government offers a financial arrangement that the tenant can rely on if the event cannot take place due to government measures, then Article 15D applies. not. In that case, the tenant must submit an application with the full budget, including the rental price and additional costs of RDM Next. If the tenant forgets to submit an application on time, or if the application is rejected, the provisions of Articles 15B and 15C remain in force.
16. Best efforts obligation.
The assignment will be carried out by (or on behalf of) the contractor to the best of his knowledge and ability, and in accordance with the requirements of good workmanship. RDM Next BV assumes a best-efforts obligation with the agreement and therefore gives no guarantee regarding the results of the assignment.
16b. Third parties
RDM Next reserves the right to have certain work carried out by third parties after consultation with the client.
17. Liability
RDM Next expressly excludes any liability as a result of the services - including consequential damage - provided by or on behalf of RDM Next.
18. Information provision
To enable correct execution of the assignment, the client will provide all essential information, documents and data that RDM Next requires in a timely manner. The contractor is not liable for delays in the assignment if data is supplied too late by the client.
If the information required for the execution of the agreement has not been provided to the contractor in a timely manner, the contractor has the right to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay in accordance with the usual rates. to take. The contractor is not liable for damage of any nature whatsoever because the contractor relied on incorrect and/or incomplete information provided by the client, unless this incorrectness or incompleteness should have been known to the contractor.
19. Timely provision of employees
In the event of the provision of employees from the client's own organization who are (or will be) involved in the work of RDM Next, this must also be done in a timely manner to enable the correct execution of the assignment.
20. Force majeure
During force majeure, the obligations of RDM Next BV are suspended. If the period during which RDM Next is unable to fulfill its obligations due to force majeure lasts longer than two months, both parties are entitled to terminate the agreement without any obligation to pay compensation in that case.
Force majeure in this article includes, but is not limited to, illness, incapacity for work of the contractor and/or persons working for the contractor and what is meant by force majeure by law and case law. If RDM Next BV has already partially fulfilled its obligations before the force majeure occurs, RDM Next BV is entitled to separately invoice the already executed or executable part and the client is obliged to pay this invoice.
21. Confidential Information
Both parties are obliged to maintain confidentiality of all confidential information they have received from each other in the context of the agreement.
22. Industrial and intellectual property
Without prejudice to the provisions of Article 21, RDM Next BV reserves all industrial and intellectual property rights that have been developed by or on behalf of RDM Next BV during the execution of the assignment, or had already been developed by or on behalf of RDM Next BV.
Rate and other conditions
23. Rate
RDM Next BV uses a daily rate or a fixed price rate in accordance with the provisions included in the agreement.
24. Travel and accommodation expenses
RDM Next BV calculates travel and accommodation costs, if applicable, in accordance with the provisions included in the agreement.
25. Billing
Invoicing will be done in installments, in accordance with the provisions included in the agreement. RDM Next charges an advance upon entering into the assignment (quote agreement). This advance must be paid before the start of the rental period.
26. Invoices within 14 days
The client is obliged to pay the invoices submitted by RDM Next within 14 days of the date, in the currency in which the invoice was declared. The first installment will, as stated in Article 25, be paid immediately upon placing the order. Objections to the amount of the invoices do not suspend the payment obligation.
27. Commercials
Complaints regarding invoices will be submitted in writing to RDM Next BV within two weeks of the date of the invoice. Complaints about the work to be carried out must be reported in writing by the client to RDM Next BV within 8 days of discovery, but no later than 14 days after completion of the work in question. The notice of default must contain as detailed a description as possible of the shortcoming, so that RDM Next BV is able to respond adequately.
28. Default
If the client fails to make payment within the period of 14 days, the client is legally in default. The Client then owes interest of 1.5% per month, unless the statutory interest is higher, in which case the statutory interest applies. The interest on the amount due will be calculated from the moment the client is in default until the moment the full amount is paid.
In the event of liquidation, bankruptcy, seizure, application of the Debt Restructuring of Natural Persons Act or suspension of payment of the client, the contractor's claims on the client are immediately due and payable.
RDM Next has the right to have payments made by the client firstly deducted from the costs, then from the accrued interest and finally from the principal amount and current interest.
29. Default Fees
If the client is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the client. If the client fails to pay a sum of money on time, he will forfeit an immediately payable fine of 15% on the amount still due. This with a minimum of €50.00.
If RDM Next has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement. Any reasonable legal and enforcement costs incurred will also be borne by the client. The Client owes interest on collection costs incurred.
30. Mandatory purchase of facilities and services by the client
RDM Next offers the following services and facilities (through regular suppliers), which in principle must be obtained from RDM Next. The tenant is expressly not permitted to provide these services and facilities himself or through third parties without written permission from RDM Next:
– Location manager,
– Electricity, water and heating;
– Parking (guidance), cloakroom (staff) and toilet (staff)
– Cleaning and waste disposal;
– Catering;
– Event branding at specified locations via RDM Next
- Security*;
– First aid and prevention officers;
– Technical service and technical installations;
– Advertising (insofar as the rented property is rented as a trade fair, exhibiting is free) and sampling;
– ICT, rental ICT services,
– Video and audio technology and
– resources, such as internet, wireless Wi-Fi / transmitting equipment;
31. Weight of materials
If the customer or guests wish to take one or more objects into the room, they must weigh less than 45 kg per complete item. For objects above this weight, written permission from RDM Next is required in connection with the maximum permitted floor load. RDM Next invokes the right to deny one or more (too) heavy objects access to the space. Objects over 95KG may never be taken into space.
32. Opening hours, time slots and construction times
The opening hours of RDM Next are on working days from 08:30 to 22:00. The Client can purchase the RDM Next spaces per time period. A time period refers to one of the following times:
- One day: 09:00 to 17:30
- A half-day:
- The morning: 08:30 to 12:30
- The afternoon: 1:30 PM to 5:30 PM
- The evening: 6:00 PM to 10:00 PM
Construction and dismantling by the client must take place within the designated time periods. The client is expressly not permitted to enter the areas managed by RDM Next outside the designated periods, unless written permission has been given by RDM Next.
33. Provisional reservations
RDM Next BV can provide an option to a potential tenant by means of a unilateral written statement to that effect. Until a rental agreement has been concluded, RDM Next BV is entitled to revoke any option and rental offer at any time without RDM Next BV being bound to pay any compensation, for example if large-scale events, necessary maintenance work, etc. give reason to do so, under obligation to refund what has already been paid. If no rental agreement has been concluded within two weeks, the option will lapse. The option cannot be extended.
34. Materials in the rooms
Screens, furniture, crockery and other RDM Next property present in the rooms may not be removed from the rooms without written permission. RDM Next reserves the right to remove materials from the areas at any time. An overview of which materials are in which rooms can be found in this document.
Date: 11/10/2023 Location: Rotterdam
RDM Next
