GENERAL TERMS AND CONDITIONS
General Terms and Conditions - IVY OFFICE HILVERSUM B.V.
Last updated March 2024
General Terms and Conditions - IVY OFFICE HILVERSUM B.V.
2024
Definitions
Ivy Office: Ivy Office Hilversum B.V., located in Hilversum, Chamber of Commerce no. 83479244.
Client: The party with whom Ivy Office has entered into an agreement.
Parties: Ivy Office and the client collectively.
Consumer: A client who is a private individual acting for personal purposes.
Applicability
These terms and conditions apply to all quotes, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Ivy Office. Parties may only deviate from these terms if expressly agreed upon in writing. The applicability of any additional and/or deviating terms and conditions from the client or third parties is explicitly excluded by the parties.
Prices
All prices used by Ivy Office are in euros, exclusive of VAT and any additional costs such as administration fees, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or agreed upon.
Ivy Office reserves the right to adjust prices for its products or services at any time.
Increases in the cost price of products or parts thereof, which Ivy Office could not foresee when issuing a quote or entering into an agreement, may lead to price increases.
The consumer has the right to terminate an agreement due to a price increase as referred to in paragraph 3, unless the increase results from legal regulations.
The price of services is determined by Ivy Office based on the actual hours worked.
The price is calculated according to Ivy Office's usual hourly rates for the period in which the work is performed unless a different hourly rate has been agreed upon.
If parties have agreed on a total amount for a service provided by Ivy Office, this is always a guideline price unless a fixed price has been expressly agreed upon in writing.
Ivy Office is entitled to deviate from the guideline price by up to 10%.
If the guideline price exceeds 10%, Ivy Office must inform the client in a timely manner why a higher price is justified.
If the guideline price exceeds 10%, the client has the right to cancel the portion of the order that exceeds the guideline price by 10%.
Ivy Office has the right to adjust prices annually.
Ivy Office will inform the client of price adjustments before they take effect.
The consumer has the right to terminate the agreement with Ivy Office if they do not agree with the price increase.
Payments and Payment Terms - Store
Products are paid for immediately in-store.
Payment Terms
After receiving payment, the client gains access to the services booked by Ivy Office. This applies during Ivy Office's opening hours.
The client is granted full access to the internet, printer, and scanner of Ivy Office (within reasonable proportions).
It is prohibited to use Ivy Office's internet for distributing viruses or inappropriate content of any kind.
Ivy Office expects the client to treat the furniture, equipment provided by the company, and all other property of Ivy Office with respect and care.
Professional recordings are not permitted without the permission of Ivy Office.
Food or drinks not provided by Ivy Office may not be consumed on our premises.
Meeting Rooms
Reservations for meeting rooms can be made online through our website or by direct contact with Ivy Office. Prepayment is required unless otherwise agreed.
Meeting rooms with a digital screen: It is the client's responsibility to check with Ivy Office beforehand whether their electronic device is compatible with ours.
Any costs incurred by Ivy Office in connection with the service, such as personal adjustments, will be charged to the client if canceled within 24 hours before the booking. Ivy Office may deduct this from the refund.
Events
At Ivy Office, it is possible to use our location outside regular opening hours. The type of events held must align with our concept. Any questions regarding the rental of our location can be made through direct contact with Ivy Office.
Prepayment is required. Bookings made within two weeks of the event are non-refundable in case of cancellation. Bookings made outside this 2-week period may be canceled based on a credit if specifically stated in the event's text. This credit must be used within 6 months, can only be applied to similar events, and cannot be refunded or paid out in cash.
Any costs incurred by Ivy Office related to the service before the booking that cannot be refunded will be charged to the client.
Cancellation Policy
Ivy Office allows clients to cancel at no cost up to 24 hours before the booking. Any cancellations within 24 hours of the booking will be fully charged. Cancellation is only possible based on a credit. This credit must be used within 6 months, can only be applied to similar bookings, and cannot be refunded or paid out in cash.
The booking can be canceled through direct contact with Ivy Office or by responding to the confirmation email.
In case of exceptional circumstances, Ivy Office will try to find a suitable solution to ensure mutual satisfaction.
Consequences of Late Payment
If the client does not pay within the agreed-upon term, Ivy Office is entitled to charge interest of 2% per month for non-commercial transactions and 8% per month for commercial transactions from the day the client is in default, with part of a month counting as a full month.
When the client is in default, they are also liable for extrajudicial collection costs and may be required to pay compensation to Ivy Office.
The collection costs are calculated based on the Compensation for Extrajudicial Collection Costs.
If the client does not pay on time, Ivy Office may suspend its obligations until the client fulfills their payment obligation.
In case of liquidation, bankruptcy, seizure, or suspension of payment by the client, Ivy Office's claims against the client become immediately due.
If the client refuses to cooperate in the execution of the agreement by Ivy Office, they remain obligated to pay the agreed price to Ivy Office.
Suspension of Obligations by the Client
The client waives the right to suspend the fulfillment of any obligation under this agreement.
Retention of Title
Ivy Office may invoke its retention of title and in that case, withhold the products sold to the client until the client has paid all outstanding invoices to Ivy Office, unless the client has provided sufficient security for these payments.
The retention of title also applies on the basis of previous agreements from which the client still owes payments to Ivy Office.
Ivy Office is never liable for any damage the client may suffer as a result of exercising its retention of title.
Set-Off
The client waives their right to set off any debt to Ivy Office against any claim against Ivy Office.
Warranty
When parties have entered into an agreement that includes services, these services for Ivy Office only entail a best-efforts obligation, not a result obligation.
The warranty regarding products only applies to defects caused by faulty manufacturing, construction, or material.
The warranty does not apply in case of normal wear and tear, and damage caused by accidents, modifications to the product, negligence, or improper use by the client, or if the cause of the defect cannot be clearly determined.
The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the client when these products are legally and/or physically delivered to the client or a third party who receives the product on behalf of the client.
Exchanges
Exchanges are only possible if the following conditions are met:
The exchange takes place within 14 days of purchase upon presentation of the original invoice.
The product is returned in the original packaging or with the original (price) tags still attached.
The product has not been used.
Discounted items, non-stock items such as food, custom-made items, or specially customized items for the client cannot be exchanged.
Execution of the Agreement
Ivy Office executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Ivy Office has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after the client has agreed in writing and paid any advance agreed upon.
It is the client's responsibility to ensure that Ivy Office can begin the execution of the agreement on time.
If the client has not ensured that Ivy Office can start the execution of the agreement on time, the resulting additional costs and/or additional hours will be charged to the client.
Duty to Provide Information by the Client
The client provides all information, data, and documents relevant for the correct execution of the agreement in a timely manner and in the desired form and manner to Ivy Office.
The client guarantees the accuracy, completeness, and reliability of the information, data, and documents provided, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
If and to the extent the client requests, Ivy Office will return the relevant documents.
If the client does not provide the information, data, or documents requested by Ivy Office in a timely and proper manner and the execution of the agreement is delayed as a result, the additional costs and additional hours resulting from this will be charged to the client.
Data Protection
Ivy Office has the right to collect personal data about the client in order to improve and inform the client about the services. This includes adding the client to the mailing list, from which the client can unsubscribe at any time.
The collected personal data may be processed by third parties who contribute to the management of Ivy Office and the processing and execution of services.
Ivy Office has video surveillance. This is only for the safety of the company and the client for business purposes. The data is handled with care.
The client has the right to access, modify, and object to the collected personal data. More information can be found in the Ivy Office privacy policy.
10-Hour Pass / Coupon
A 10-hour pass is valid for a maximum of 3 months after purchase. All rates are exclusive of VAT and additional costs.
Membership
All membership rates are exclusive of VAT and additional costs.
A membership can be taken out and paid for on a monthly basis. A light membership provides 8 entries per month within opening hours and must be booked online by reserving workspace using the email address.
A membership is for an indefinite period and can be canceled with 3 calendar months' notice unless otherwise indicated.
Ivy Office Hilversum B.V. collects the monthly membership fees and additional costs, such as food, drinks, and extra services, via the Stripe payment system. Collections take place monthly between the 25th and 30th of the month. If the collection fails, a fee of €17.50 will be charged. For a reversal, a fee of €25 will be charged. For re-registering or downgrading a membership, an administration fee of €25 will be charged. All memberships always run from the 1st to the 1st or from the 15th to the 15th of the month.
Premium and Business memberships include drinks, which are understood to mean all coffee and tea. Commercial drinks such as Coca-Cola, Lemonaid, Marie-Stella, and Schulp are not included.
Lockers can be rented monthly at the rate associated with the membership.
Duration of a Membership or Agreement
A membership or agreement between Ivy Office and the client is entered into for an indefinite period unless the nature of the agreement dictates otherwise or parties have expressly agreed otherwise in writing.
The cancellation period for a light membership of €180 per month, a premium membership of €280 per month, and a business membership of €380 per month is 1 calendar month. For a light membership of €165 per month, a premium membership of €265 per month, and a business membership of €365 per month, the cancellation period is 3 calendar months.
Cancellation is only valid via email to info@ivyoffice.nl, where receipt must be confirmed by us, or via www.ivyoffice.nl/cancellation, where you must have received confirmation of receipt.
If parties have agreed on a deadline for completing certain work, this is never a strict deadline, unless expressly agreed otherwise in writing. If the deadline is exceeded, the client must set a reasonable deadline in writing for Ivy Office to complete the work before they can dissolve the agreement or claim damages.
Termination of the Membership and/or Agreement for an Indefinite Period
The cancellation period is 3 calendar months unless otherwise agreed.
Confidentiality
The client shall keep all information received from Ivy Office (in any form) confidential.
This also applies to all other information about Ivy Office that the client knows or reasonably should suspect is confidential or for which they can expect that its disclosure would cause damage to Ivy Office.
The client shall take all necessary measures to ensure that they keep the information referred to in paragraphs 1 and 2 confidential.
The confidentiality obligation described in this article does not apply to information that was already publicly disclosed before the client became aware of it, or that later became publicly known without this being the result of a breach of confidentiality by the client, or information that the client is obliged to disclose due to a legal obligation.
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its termination.
Penalties
If the client violates the articles of these general terms and conditions regarding confidentiality or intellectual property, they shall forfeit to Ivy Office an immediately payable penalty of €1000 if the client is a consumer and €5000 if the client is a business, for each violation, and in addition, an amount of 5% of the aforementioned sum for each day the violation continues.
No actual damage, prior notice of default, or legal proceedings are required for the forfeiture of the penalty referred to in the first paragraph of this article.
The forfeiture of the penalty referred to in the first paragraph of this article does not affect the other rights of Ivy Office, including its right to claim damages in addition to the penalty.
Indemnification
The client indemnifies Ivy Office against all third-party claims related to the products and/or services provided by Ivy Office.
Complaints
The client should examine a product or service provided by Ivy Office as soon as possible for any shortcomings.
If a product or service delivered does not meet what the client reasonably expected based on the agreement, the client must notify Ivy Office as soon as possible, but in any case within 1 month after discovering the shortcomings.
The consumer must notify Ivy Office within two months of discovering the shortcomings.
The client provides as detailed a description of the shortcomings as possible, so that Ivy Office is able to respond adequately.
The client must prove that the complaint relates to an agreement between the parties.
If a complaint concerns ongoing work, this can, in any case, not result in Ivy Office being required to perform work other than agreed.
Default Notice
The client must give Ivy Office written notice of default.
It is the client's responsibility to ensure that a notice of default actually reaches Ivy Office (in time).
Joint Liability of the Client
If Ivy Office enters into an agreement with multiple clients, each of them is jointly and severally liable for the full amounts owed to Ivy Office under that agreement.
Liability of Ivy Office
Ivy Office is only liable for damages suffered by the client if and insofar as such damage is the result of intent or gross negligence.
If Ivy Office is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
Ivy Office is never liable for indirect damage, such as consequential damage, lost profits, missed savings, or damage to third parties.
If Ivy Office is liable, its liability is limited to the amount paid out by a professional liability insurance policy and, in the absence of (full) payment by an insurance company, the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and approximate, and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
General Disclaimers
Ivy Office cannot be held liable for the loss or damage of the client's property. It is the client's own responsibility to keep an eye on their belongings.
Ivy Office cannot be held liable for food or drinks provided by third parties.
It may happen that third parties have activities that cause noise for the client. Nonetheless, Ivy Office will do its best to avoid or minimize these noises within its capabilities. However, Ivy Office cannot be held responsible for any disturbance caused by third parties.
The client can book a chair of their choice online, but this is the client's own responsibility. Ivy Office cannot be held liable for dissatisfaction with the chair.
Ivy Office expects its clients to behave professionally and not disturb other clients. For phone calls, we provide a soundproof phone booth.
Expiry Period
Any right of the client to compensation from Ivy Office expires in any case within 12 months after the event from which the liability directly or indirectly arises. This does not exclude what is stated in Article 6:89 of the Dutch Civil Code.
Dissolution
The client has the right to dissolve the agreement if Ivy Office fails to meet its obligations unless this failure, given its special nature or because it is of minor significance, does not justify dissolution.
If the fulfillment of Ivy Office's obligations is not permanently or temporarily impossible, dissolution can only take place after Ivy Office is in default.
Ivy Office has the right to dissolve the agreement with the client if the client does not fully or timely fulfill their obligations under the agreement, or if circumstances give Ivy Office good reason to fear that the client will not be able to properly fulfill their obligations.
Force Majeure
In addition to the provisions of Article 6:75 of the Dutch Civil Code, any shortcoming of Ivy Office in the fulfillment of any obligation towards the client cannot be attributed to Ivy Office in any situation independent of the will of Ivy Office, when the fulfillment of its obligations towards the client is wholly or partly prevented or when the fulfillment of its obligations cannot reasonably be expected of Ivy Office.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure by suppliers, deliverers, or other third parties; unexpected power, electricity, internet, computer, or telecom outages; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather, and work interruptions.
If a force majeure situation occurs as a result of which Ivy Office cannot fulfill one or more obligations towards the client, these obligations will be suspended until Ivy Office can meet them.
From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
In a force majeure situation, Ivy Office is not obliged to pay any (damage) compensation, even if it has obtained any advantage as a result of the force majeure situation.
Changes to the General Terms and Conditions
Ivy Office is entitled to amend or supplement these general terms and conditions.
Minor changes can be made at any time.
Significant substantive changes will be discussed with the client in advance as much as possible.
The consumer has the right to terminate the agreement in the event of a significant change to the general terms and conditions.
Transfer of Rights
The client cannot transfer their rights under an agreement with Ivy Office to third parties without the prior written consent of Ivy Office.
This provision has the effect of a property law clause as referred to in Article 3:83(2) of the Dutch Civil Code.
Consequences of Nullity or Voidability
If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the remaining provisions of these terms and conditions.
In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what Ivy Office had in mind when drafting the conditions at that point.
Virtual Office and Registration with the Chamber of Commerce
Monthly Cancellability: The use of the virtual office services can be canceled monthly. Cancellation must be made in writing and submitted no later than 1 calendar month before the desired cancellation date.
Payment and Cancellation: If payment is not received, the virtual office service will be automatically terminated. In the event of termination, the client must personally cancel the registration at the Chamber of Commerce at the Ivy Office Hilversum B.V. address within one month of termination.
Penalty Clause: If the client fails to cancel the registration at the Chamber of Commerce within one month after termination, a penalty of €75 per day will be imposed, with a maximum of €25,000.
Acceptance Terms: The use of the virtual office services is subject to approval by Ivy Office Hilversum B.V. after receipt and acceptance of the registration form.
Limitation of Services: The services only include the use of a postal address for business correspondence.
Applicable Law and Competent Court
All agreements between parties are exclusively governed by Dutch law.
The Dutch court in the district where Ivy Office is located has exclusive jurisdiction in case of disputes between the parties unless otherwise prescribed by law.
These general terms and conditions are part of our house rules and privacy policy and can all be found on our website www.ivyoffice.nl.