Terms & Conditions
These terms and conditions apply to all offers and agreements with van Lennep Mediation and all legal relationships arising from it.
Article 1: Definitions
All work/tasks/services provided/conducted by van Lennep Mediation for the Client in the context of the mediation. If two or more parties request work/tasks/services to be provided/conducted, they are both considered (together and individually) to be the Client.
The natural or legal person(s) for whom van Lennep Mediation endeavours to fulfil the agreed Assignment.
The written agreement concluded between van Lennep Mediation and the Client for the services to be provided by van Lennep Mediation.
Mediation Federatie Nederland (Mediation Federation Netherlands).
Stichting Kwaliteit Mediators (for filing complaints).
Terms and Conditions
These terms and conditions that are stated on the website and have been handed over to the Client prior to the signing of the Mediation Agreement.
Van Lennep Mediation
Registered in the Trade Register in Amsterdam under Chamber of Commerce number 81385358 and acting under VAT number NL003552689B79.
Article 2: Applicability
- These Terms and Conditions apply to every assignment including any follow-up assignment, new assignment or amended or additional assignment that is given to van Lennep Mediation as well as to all legal relationships as a result thereof or in connection with it. Any Terms and Conditions on the part of the Client do not apply to the Assignment between van Lennep Mediation and the Client.
- The Terms and Conditions also apply to all assignments with van Lennep Mediation for the performance of which third parties must be involved.
- Any deviation from the Terms and Conditions must be made in advance, both explicitly and in writing, between van Lennep Mediation and the Client and only applies to the amended provisions in the relevant Mediation Agreement. The other provisions in the Mediation Agreement therefore remain unchanged.
- The Terms and Conditions will be made available to the Client electronically before or during the signing of the Mediation Agreement.
- The MfN Rules, the MfN Code of Conduct and the SKM Complaints Procedure apply to all mediations conducted by van Lennep Mediation.
- Van Lennep Mediation is entitled to unilaterally amend the Terms and Conditions. Changes will be announced on the website www.vanlennepmediation.com.
Article 3: Services
- Van Lennep Mediation will perform the Assignment to the best of its knowledge, expertise and ability.
- Van Lennep Mediation will never be obliged to perform tasks that are contrary to its professionalism, a right of third parties, a legal obligationor what is considered an acceptable norm in society.
- If required for the proper execution of the Assignment, van Lennep Mediation can – after explicit permission from the Client – have certain tasks performed by third parties or involve third parties in the execution of the mediation or other activities. The costs of these third parties will be charged to the Client.
Article 4: Quotations
- All offers and quotations are without obligation, unless stated otherwise.
- Obvious errors or mistakes on the website, in folders, publications and quotations from van Lennep Mediation do not bind van Lennep Mediation.
Article 5: Mediation Agreement
- By signing the Mediation Agreement, the mediation is deemed to have commenced and the conditions declared applicable in the Mediation Agreement come into effect.
- The accepted Assignment leads to an obligation of best efforts on the part of van Lennep Mediation and not an obligation of result.
Article 6: Provision of Information
- The Client will ensure that all relevant documents, information and contacts required for the proper execution of the Assignment will be provided to van Lennep Mediation in a timely manner. Van Lennep Mediation has the right to suspend the Assignment until all documents are available.
- Van Lennep Mediation is not liable for damage of any kind if the Client has not complied with its obligation to provide all information in a timely manner.
Article 7: Duration and Modification of the Assignment
- The Assignment is entered into for an indefinite period of time and is valid until van Lennep Mediation terminates the Assignment in writing.
- The Client accepts that if the parties decide along the way to change the approach, method or scope of the Assignment and the resulting activities this can influence the time schedule of the Assignment.
- If changes arise with regard to the Assignment due to the actions/upon the initiative of the Client, van Lennep Mediation will make the desired adjustments in consultation with the Client. If these changes lead to additional work, they will be charged to the Client as an additional assignment. Van Lennep Mediation is entitled to charge the additional costs for modification of the Assignment to the Client.
Article 8: Refusal and Termination of the Assignment
- At all times van Lennep Mediation has the right not to accept an Assignment without stating reasons for this decision and the right to prematurely terminate an Assignment in writing, without such refusal or termination entitling the Client to any form of compensation.
Article 9: Dissolution
- Van Lennep Mediation is authorised to suspend or dissolve the Assignment with immediate effect without any liability for damages if:
- the Client does not or does not fully comply with the obligations arising from the Assignment;
- After concluding the Assignment, van Lennep Mediation becomes aware of circumstances that give it good grounds to fear that the Client will not or will not fully fulfil the obligations arising from the Assignment;
- The Client was requested to provide security for the fulfilment of his obligations under the Assignment when concluding the Assignment and this security is not provided or is insufficient;
- Circumstances arise that are of such a nature that fulfilment of the Assignment is impossible or, according to standards of reasonableness and fairness, can no longer be expected from van Lennep Mediation, or if circumstances arise that are of such a nature that unaltered continuation of the Assignment cannot reasonably be expected.
In that case, van Lennep Mediation is entitled to payment for the work done and costs incurred up to that point.
- In the event that the Client is declared bankrupt, applies for a suspension of payments, the statutory debt rescheduling scheme is declared applicable to him, or if an attachment is imposed, the claims of van Lennep Mediation on the Client or receivable on account of work not yet invoiced is immediately and fully due and payable.
- In the event of bankruptcy, seizure or suspension of payment on the part of van Lennep Mediation, the Assignment will end by operation of law.
Article 10: Complaints Procedure
- Complaints must be reported in writing to van Lennep Mediation by the Client within 7 calendar days after the invoice date, but no later than three weeks after completion of the relevant tasks. After this period of time, the complaint no longer needs to be dealt with and the Client is deemed to have approved the execution of the Assignment. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that van Lennep Mediation is able to respond adequately.
- If a complaint is justified, van Lennep Mediation will still perform the tasks as agreed, unless it has become demonstrably pointless for the Client. The latter must be stated in writing, motivated and substantiated by the Client.
- All complaints are handled in accordance with the MfN’s SKM Complaints Procedure.
Article 11: Liability
- Since van Lennep Mediation works on the basis of a best efforts obligation, it can never and in no way be held liable for not achieving results.
- If van Lennep Mediation should be liable, this liability is limited to what is regulated in this provision. Van Lennep Mediation has taken out a professional liability insurance.
- The liability of a party is limited to those cases in which there is intent and/or gross negligence on the part of the party concerned. Barring intent and/or gross negligence, a party’s liability is limited to the amount paid out by its liability insurance, plus its own risk.
- In the event of damage suffered by a specific hazard during the course of the Assignment, and the occurrence of the hazard cannot be attributed to van Lennep Mediation, the Client will owe van Lennep Mediation compensation.
- Damage is exclusively understood to mean damage to goods and direct financial loss.
- Van Lennep Mediation is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
- Van Lennep Mediation does not guarantee the correct and complete transmission of the content of an e-mail sent or the timely receipt thereof.
- The Client indemnifies van Lennep Mediation against claims from third parties with regard to intellectual property rights on materials or data provided by the client that are used in the fulfilment of the Assignment.
- If the Client provides van Lennep Mediation with information carriers, electronic files or software, etc., the Client indemnifies van Lennep Mediation against damage caused by viruses and defects.
- The Client indemnifies van Lennep Mediation against claims from third parties due to damage caused by the fact that the Client has provided van Lennep mediation with incorrect or incomplete information.
- The Client indemnifies van Lennep Mediation against all claims from third parties – including shareholders, directors, supervisory directors and personnel of the Client, as well as affiliated legal entities and companies and others involved in the organisation of the Client – arising from or related to the tasks of van Lennep Mediation under this Assignment for the benefit of the Client.
- The Client also indemnifies van Lennep Mediation against claims from third parties whereby van Lennep Mediation is regarded as co-perpetrator of the Client.
- If van Lennep Mediation does not inform the Client or is delayed in informing the Client about the execution of the Assignment, this will not constitute a ground for the assumption of intent and/or gross negligence on the part of van Lennep Mediation.
- Van Lennep Mediation is not liable for any shortcoming of third parties, including the reasonable costs of legal assistance, which are in any way related to the work done for the Client.
Article 12: No Witness Statement / Right of Non-Disclosure
- All parties involved in a mediation waive the right to have van Lennep Mediation and other persons heard as witnesses in the context of (possible) legal proceedings.
- On the other hand, van Lennep Mediation cannot guarantee that under certain circumstances it might be forced to give a witness statement in the context of legal proceedings, in which case it will not be able to invoke a (legal) right of non-disclosure.
Article 13: Fees and payment
- Prices stated in quotations and invoices exclude VAT.
- The work done by van Lennep Mediation for the benefit of the Client will be charged on the basis of the fee agreed for an Assignment, or the time spent on the Assignment multiplied by the hourly rate agreed for the Assignment.
- This hourly rate can be adjusted annually on January 1 of each calendar year. The hourly rate is increased by any travel costs, room rental, telephone, fax costs, postage and other costs charged by third parties.
- Unless otherwise agreed by the parties, the work done by van Lennep Mediation is invoiced monthly. The payment term is 14 days from the date of the invoice.
- Objections to the amount invoiced do not suspend the payment obligation.
- In the event of late payment, the Client will be in default without further summons or notice of default. In that case, legal commercial interest is due on the outstanding amount until the day of full payment. Consumers owe the statutory interest.
- All (extra) judicial costs for the collection of the claim, with a minimum of 15% of the amount to be collected and at least € 50,- are for the account of the Client. For consumers, the compensation that applies is laid down in the ‘Decree on Compensation for Extrajudicial Collection Costs’.
- In case of late payment with regard to the invoices, van Lennep Mediation has the right to suspend its work until full payment has been made. Any liability on the part of van Lennep Mediation that may arise as a result of this decision is excluded.
Article 14: Disputes
- If a dispute related to (a shortcoming in) the way the Assignment is carried out cannot be settled by means of consultation between the parties, an attempt will initially be made to resolve the dispute in accordance with the MfN’s SKM Complaints Procedure.
- If it is not possible to resolve a dispute in this way, the Court in Amsterdam has sole jurisdiction.
Article 15: Applicable Law
- Dutch Law applies to every Assignment between van Lennep Mediation and the Client and all legal acts and/or disputes arising therefrom.