General terms and conditions applicable to the user
Korall’s Kids Care based in Haarlem, registered in the Trade Register of the Chamber of Commerce under number 81805411
Article 1 Definitions
Customer: the person who has accepted these General Terms and Conditions and instructs Korall’s Kids Care to perform the service;
Service contract: the Korall’s Kids Care contract between the customer and Korall’s Kids Care stating that Korall’s Kids Care provides service to the customer;
Service: any service to be provided by Korall’s Kids Care to the customer. This includes childcare at home, more specifically babysitting members on members (children) of families and/or relatives in the home environment;
Parties: Korall’s Kids Care and the client together.
Article 2 Applicability of these terms and conditions
- These Terms and Conditions apply to all assignments, work and agreements to which Korall’s Kids Care is a party, unless otherwise expressly agreed in writing by Korall’s Kids Care.
- Terms and conditions of the client do not apply unless expressly accepted by Korall’s Kids Care in writing.
Article 3 Commencement and execution of the service contract
- The customer registers with Korall’s Kids Care and receives the service contract for signature, to which these general terms and conditions apply.
- The contract is binding for Korall’s Kids Care after signing the service contract.
- Korall’s Kids Care provides the service pursuant to the service contract with the family. For work carried out with the babysitter behind Korall’s Kids Care, Korall’s Kids Care will charge EUR 2500,- including VAT. After contract termination, this also applies for one year.
- While carrying out the work, Korall’s Kids Care has a duty of care. This means that the nanny performs his activities with care.
- Korall’s Kids Care consists of a team of nannies. The nanny performs the work alone. She performs the agreed work with the supervision and/or direction of the client, unless otherwise agreed.
- The client shall provide all information, necessary for the performance of the work or which the client should reasonably understand to be necessary for the performance of the work, to Korall’s Kids Care in a timely manner.
- If Korall’s Kids Care requires resources to carry out the assignment, Korall’s Kids Care will purchase these in consultation with the customer and charge them as an additional cost.
Article 4 Duration of the service contract
- Unless otherwise stipulated in the Korall’s Kids Care service contract, it is entered into for an indefinite period.
Article 5 Changes and additional work
- If during the execution of the work it appears that for a proper execution it is necessary to amend or supplement the contract, the customer will inform Korall’s Kids Care of this. The parties will then proceed to amend in a timely manner and by mutual agreement.
- If the parties agree to amend or supplement the work, the time of completion of the execution may be affected as a result. Korall’s Kids Care will inform the client accordingly.
- If the change or supplement to the work will have financial consequences, Korall’s Kids Care will inform the client in advance.
- If a fixed rate has been agreed, Korall’s Kids Care will thereby indicate the extent to which the change or supplement to the work affects the price. In doing so, Korall’s Kids Care will try, as far as possible, to provide a quotation in advance;
- Changes in the originally concluded service contract between the customer and Korall’s Kids Care are only valid from the moment these changes have been accepted in writing by both parties through an additional or amended agreement.
Article 6 Co-operation of customer
- The customer cooperates fully in order to achieve good service. If the customer is unwilling and does not cooperate sufficiently, Korall’s Kids Care is free to stop the service, with full settlement of the hours made.
- If the execution of the work is delayed due to the client’s failure to comply with his obligation mentioned in article 3, the resulting extra costs shall be borne by the client and Korall’s Kids Care is authorised to charge for the additional work made necessary as a result.
Article 7 Cancellation and modification of services
- Korall’s Kids Care has the right to cancel a babysitting service or refuse a customer without giving any reason;
- The client has the right to cancel or modify a babysitting service. Cancellation and/or modification by the client of a babysitting service can be done free of charge up to 72 hours in advance;
- In case of cancellation or modification within 48 hours before commencement, the customer shall owe 50% of the amount;
- In case of non-cancellation or modification within 24 hours, the client is obliged to pay the total amount of a babysitting service.
Article 8 Termination of agreement
- The parties may at any time terminate the agreement by mutual consent in writing pursuant to Article 7:407 paragraph 1 of the Dutch Civil Code. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 1 month;
- In case of premature termination of the agreement, Korall’s Kids Care will charge the costs already incurred;
- If the agreement terminates prematurely, after the customer has paid the invoice amount, the customer is/remains liable for the full contractual payment, unless this premature termination is for the account and risk of Korall’s Kids Care. In that case, the customer shall retroactively owe a payment only on that part of the contract that was actually carried out;
- In case of force majeure, Korall’s Kids Care has the right to dissolve the agreement without legal intervention and without notice of default.
Article 9 Pricing and administration costs
- The rates are expressed in euros, including VAT.
- By signing the service contract, the customer agrees to the administration fee charged monthly by Korall’s Kids Care. Unless expressly agreed otherwise, the administration fee consists of a predetermined fixed amount.
- First term is due immediately upon signing.
- Of all additional costs Korall’s Kids Care will provide the customer with a statement or data in good time before the conclusion of the service agreement on the basis of which these costs can be calculated by the customer.
- Korall’s Kids Care may request the customer to pay the administration fee before the start of the order.
- Korall’s Kids Care is entitled to suspend the execution of the assignment until the client has paid the administration fee to it or has provided security for it.
- Korall’s Kids Care reserves the right to adjust the fee annually due to changes in the general price index and any measures imposed by the government. Korall’s Kids Care will timely inform the client in writing of any adjustments to the rate.
Article 10 Invoicing and payment
- Invoicing takes place after signature of the Korall’s Kids Care service agreement and may take place, inter alia, in the form of a payment link.
- The invoice should be paid within 14 days of the invoice date, by using the payment link or transfer to a bank account designated by Korall’s Kids Care.
- If the customer has not paid the amount due by the due date, he will automatically be in default, without further notice of default being required;
- Korall’s Kids Care will immediately suspend the execution of the order, without becoming liable to the customer for damages in any way;
- From the moment of default, the client shall owe default interest on the outstanding claim equal to the statutory interest rate;
- The claim of Korall’s Kids Care is immediately claimable in case of bankruptcy, seizure, or receivership, the claims of with Korall’s Kids Care and the obligations of the customer are immediately claimable.
Article 11 Collection costs
- Korall’s Kids Care is authorised to outsource the claim. Any judicial costs and execution costs incurred will also be borne by the customer.
Article 12 Dissolution
- Korall’s Kids Care is authorized to dissolve the agreement with immediate effect, in case
- Circumstances arise which are of such a nature that fulfilment of the agreement is impossible;
- The customer dies;
- Dissolution occurs through written notification without judicial intervention;
- If the agreement is dissolved, Korall’s Kids Care’s claims on the customer are immediately due and payable;
- Should Korall’s Kids Care dissolve the agreement on the foregoing grounds, Korall’s Kids Care will not be liable for any costs or damages.
Article 13 Copyrights and intellectual property rights
- Both parties respect each other’s intellectual property rights; not limited to copyright, patent rights, trademark rights, drawing and model rights. Parties shall refrain from infringing these.
Article 14 Liability
- Korall’s Kids Care does not accept any liability, howsoever arising, for damage caused by or in connection with services rendered by it, unless the client proves that the damage was caused by intent or gross negligence on the part of Korall’s Kids Care;
- Korall’s Kids Care shall not be liable to the extent that damage results from the customer’s failure to properly follow oral and/or written advice;
- Any liability of Korall’s Kids Care for trading loss or other indirect or consequential damage of any kind is expressly excluded.
Article 15 Confidentiality
- Korall’s Kids Care shall keep information of the customer confidential during the term and after termination of the agreement;
- This duty of confidentiality includes all data of the client and those involved;
- Korall’s Kids Care acts in accordance with the AVG which is in force from 25 May 2018;
- The data and information provided by the client to Korall’s Kids Care will be kept carefully and confidentially by Korall’s Kids Care. Korall’s Kids Care will not keep the personal data longer than necessary;
- Korall’s Kids Care may only and exclusively use the customer’s personal data for necessary specific purposes: in the context of carrying out its work or handling any complaint;
- The customer has the right to inspect, right to correct and right to delete the personal data transmitted;
- The customer is entitled to lodge a complaint with the Personal Data Authority regarding his personal data. The Personal Data Authority is obliged to handle this complaint.
Article 16 Cookies
- When visiting the website, Korall’s Kids Care may collect information about the use of the website by means of cookies;
- The information collected by Korall’s Kids Care through cookies may be used for functional and analytical purposes.
Article 17 Newsletter
- The customer can subscribe to the newsletter;
- The newsletter will keep the customer informed by e-mail about the latest news and developments;
- The customer can unsubscribe from the newsletter at any time in writing or via the hyperlink.
Article 18 Amendment of General Terms and Conditions
- Korall’s Kids Care has the right to unilaterally amend these General Terms and Conditions;
- Amendments will also apply in respect of agreements already concluded;
- If the customer does not agree with the announced amendments, the customer has the right to dissolve the agreement.
Article 19 Applicable law
- Any assignment between Korall’s Kids Care and the customer is exclusively governed by Dutch law;
- If at any time it is determined that one or more provisions of this agreement is void or voidable, the provision(s) concerned will be deemed to have been agreed in spirit;
- Disputes between Korall’s Kids Care and the customer will be submitted to the competent court in the district of Amsterdam.