In these Terms, the term "Service Provider" refers to Result ADR B.V. and its possible legal successors ("Result ADR"), as well as its directors and employees, and any legal or natural person engaged by Result ADR or, within the scope of the services provided by Result ADR, with the cooperation or consent of Result ADR for the execution of the services referred to herein.
These Terms apply to any service provided by the Service Provider to a party making use of its services and who is or will be in a legal relationship with Result ADR (hereinafter also referred to as "the Client"), whether by contract or otherwise, and regardless of whether the service contract was given by the Client or another party. The Terms also apply to others besides the Client if they enter into a legal relationship with Result ADR as a result of or in connection with the services provided.
These Terms are also stipulated for the benefit of third parties engaged or involved in the execution of the services.
The Service Provider may engage third parties for the services provided. These Terms also apply if the engaged third party contracts independently with the Client.
The Client agrees to communication by email from the Service Provider and accepts the associated risks.
The Client consents to their information, including any confidential documents and project details, being used by the Service Provider and within the Result ADR organization, as long as this use is reasonably related to the services provided.
Unless otherwise agreed, the contracting party or, if there is no service contract, the Client (hereinafter also referred to as "the Payer") is obliged to pay a fee for the services provided, which has been agreed upon in advance or, in the absence of such an agreement, will be determined by Result ADR based on its applicable rates.
If the contract is terminated before the project is completed, the Payer owes a fee to the Service Provider, which will be determined as a reasonable compensation for their efforts and the costs related to the project, without prejudice to the contractual rights of the Service Provider under the contract.
The fee must be paid to Result ADR or the party designated by Result ADR.
The Service Provider is entitled to require the Payer to pay an advance on the fee before beginning or continuing their work. The Service Provider is also entitled to send interim invoices for their fee.
The Payer must pay invoices for fees and advances within 30 days of the invoice date. If this payment term is exceeded, statutory interest on the invoiced amount will be due. If the Service Provider assigns an invoice for collection due to late payment, the Payer owes a surcharge of 15% on the invoice amount including accrued interest, with a minimum of €150.
Any liability of the Service Provider arising from or related to the services provided is limited to the amount of the fee received and/or due for the relevant project. Set-off will be permitted.
The Service Provider is never liable for indirect or consequential damages.
If one or more provisions of these Terms is void or annulled, the remaining provisions will remain fully applicable. In such a case, Result ADR and the Client will agree on one or more new provisions that achieve as closely as possible the same result as the void or annulled provision(s) attempted to achieve. If no agreement can be reached, they will appoint a binding advisor who will design a new provision that provides for this as much as possible.