Terms & conditions
1. In these Terms and Conditions, Service Provider is understood to mean: Hoetmer Labor Mediation and its possible legal successors, its directors and employees, as well as any legal or natural person appointed by Hoetmer Labor Mediation or, within the framework of the services provided by Hoetmer Labor Mediation, with the cooperation or consent of Hoetmer Labor mediation is engaged for the performance of the services referred to herein.
2. These Terms and Conditions apply to every service provided by the Service Provider to a party that uses its services and that has or will have a legal relationship with Hoetmer Labor Mediation (hereinafter also referred to as ‘the Customer’), by virtue of an order or otherwise and independently. Whether any order for the services has been given by the Customer or another party. The Terms and Conditions also apply to parties other than the Customer if they enter into a legal relationship with Hoetmer Labor Mediation as a result of or otherwise with regard to the service.
3. These Terms and Conditions have also been stipulated for the benefit of third parties engaged or involved in the performance of the service.
4. The Service Provider may engage third parties for the services. These Terms and Conditions also apply if the third party engaged in this way contracts independently with the Customer.
5. The Customer agrees to communication by e-mail by the Service Provider and accepts the associated risks.
6. The Customer grants permission that his data and any confidential documents and the particulars of the project concerned are used by the Service Provider and within the organization of Hoetmer Labor Mediation, insofar as this use is reasonably related to the service provision.
7. Unless otherwise agreed, the client or, if there is no contract for services, owes the Buyer (hereinafter also referred to as “the Payee”) a fee for the services that has been agreed in advance or, in the absence of an agreement about this, will be determined by Hoetmer Labor Mediation on the basis of its rates.
8. If the order is withdrawn before the project has been completed, the Paying Person will owe a fee that will be determined by the Service Provider as a reasonable compensation for his efforts and the costs related to the project concerned; without prejudice to the contractual rights of the Service Provider under the assignment.
9. The fee must be paid to Hoetmer Labor Mediation or the person designated by Hoetmer Labor Mediation for this purpose.
10. The Service Provider is entitled to require that the Payee pays an advance on the fee owed before he starts or continues his work. The Service Provider is entitled to send interim partial invoices for its fee.
11. The Payee must pay invoices for fees and advances within 14 days of the invoice date. If this payment term is exceeded, the statutory interest on the invoiced amount is due. If the Service Provider hands over an invoice for collection due to lack of timely payment, the Payee owes a surcharge of 15% on the invoice amount, including accrued interest, with a minimum of €150.
12. Any liability of the Service Provider arising from or in connection with the service provision is limited to the amount of the fee that it has received and/or is due for the project concerned. Settlement will be allowed.
13. The Service Provider is never liable for indirect damage and/or consequential damage.
14. If one or more provisions of these Terms and Conditions is void or destroyed, the remaining provisions will remain fully applicable. In that case, Hoetmer Labor Mediation and the Customer will agree on one or more new provisions in mutual consultation that will achieve as much as possible the same result as the void or nullified provision(s) attempted to achieve. In the absence of agreement, they will appoint a binding advisor who will draft a new provision that provides for this as much as possible.