Terms and Conditions

Welcome to the website of ‘Curbn’, also known as ‘Curbnit’, which is part of Goed Georganiseerd professional organizers, PO Box 4509, 6202 SB Maastricht, Netherlands, hereinafter referred to as: Goed Georganiseerd

The delivery of services and products by Curbn or Goed Georganiseerd is subject to the following Terms and Conditions.

Article 1 – Applicability

These terms and conditions apply to all offers, in any form or manner, from the service provider and to all agreements concluded with the service provider.
Deviations from these terms and conditions can only be made if expressly agreed in writing. In such cases, the remaining provisions of these terms and conditions remain in full force. The agreed deviations apply only to the agreement for which they were made.
In addition to these terms and conditions, supplementary conditions may apply to certain services of Goed Georganiseerd if indicated in writing. In case of discrepancies between the supplementary conditions and these terms and conditions, the provisions of the supplementary conditions shall prevail, unless otherwise agreed in writing.
If any provision of these terms and conditions is null and void, annulled, or otherwise declared inapplicable, the remaining provisions of these terms and conditions shall remain in full force, and the parties shall agree on a replacement provision that approximates the purpose and intent of the nullified, annulled, or inapplicable provision as closely as possible.
Once these terms and conditions apply, they shall also apply to new agreements between the parties without further declaration, unless otherwise agreed.
Terms and conditions used by the client are not applicable unless expressly agreed in writing by Goed Georganiseerd. The term ‘client’ refers to any natural or legal person who is or will be in a contractual relationship with Goed Georganiseerd.
Goed Georganiseerd is authorized to use third parties (services or products) at its discretion in the execution of agreements. These terms and conditions also apply in such cases.

Article 2 – Offers and Agreements

Offers and prices are non-binding and valid for 30 days unless otherwise indicated in writing. Offers and prices are based on the client’s expressed wishes. The offer includes a description of the services to be performed.
The offer provides insight into how the price is determined; based on an hourly rate or a fixed agreed price. If no fixed price is agreed, the price factors (hourly rate, time spent, possible use of materials and/or equipment, etc.) are specified, and after the assignment, Goed Georganiseerd specifies the hours, materials, and/or equipment used. For assignments lasting more than a month, the costs will be invoiced monthly, unless stated otherwise in the offer.
Unless otherwise agreed in writing, the client reimburses Goed Georganiseerd for preparation costs (including the costs of an intake interview) if no assignment for services is given.
Appointments and/or consultations with Goed Georganiseerd can be canceled by the client up to 48 hours before the start of the appointment and/or consultation at no cost. If canceled within this period, the full costs will be charged to the client.
Appointments, consultations, and/or training sessions can be canceled by Goed Georganiseerd in case of illness, incapacity for work, and/or other circumstances that prevent Goed Georganiseerd from performing the assignment. Cancellation by Goed Georganiseerd does not entitle the client to compensation.
An agreement is concluded when an order confirmation is handed over to the client by Goed Georganiseerd, in any form, or if the client clearly agrees with the offer or allows the execution of the assignment to begin.
A composite price quotation does not oblige Goed Georganiseerd to perform part of the assignment for a corresponding part of the price stated in the offer.
If during the execution of the agreement it appears that it is necessary to change or expand the services to be performed for proper execution, the parties will adjust the agreement accordingly in mutual consultation. Any (financial) consequences of this change will be recorded between the parties.
The client and Goed Georganiseerd agree that a valid agreement is concluded by using electronic communication forms as soon as the condition of 2.6. is met. The absence of a regular signature does not affect the binding force of the offer and its acceptance. The electronic files of Goed Georganiseerd serve as evidence, as far as the law allows.
Information, oral statements, etc., regarding services to be performed that are provided by telephone or electronically are given or made as accurately as possible. However, Goed Georganiseerd does not guarantee that all prices, products, and/or services fully comply with the provided information.
Apparent errors or mistakes in brochures, offers, order confirmations, and agreements do not bind Goed Georganiseerd.
Times and terms mentioned in offers, order confirmations, or agreements are indicative. The client cannot derive any rights from them. If the client considers a term to be fatal, this must be expressly agreed in writing between the parties.
Goed Georganiseerd is free to determine how the assignment is executed in the performance of the agreement.

Article 3 – Prices

All prices are in euros, excluding VAT and including any costs to be incurred in the context of the execution of the agreement, unless otherwise stated in writing.
The client owes the price that Goed Georganiseerd has communicated in its offer or order confirmation (article 2.5.). Apparent errors in the price quotation can be corrected by Goed Georganiseerd even after the agreement has been concluded.
If Goed Georganiseerd and the client agree that the Professional Organizer will enter into an agreement with a third party on behalf of the client and this third party increases its prices, Goed Georganiseerd is entitled to pass on the new applicable prices to the client immediately.

Article 4 – Payment

Invoices must be paid within fourteen days of the invoice date. Goed Georganiseerd is always entitled to invoice the total price of an assignment in parts. The client is in default by the mere expiration of the payment term; a notice of default is not required.
In case of non-payment or late payment by the client, the client owes interest of 1.5% per month on the outstanding balance from the day the payment should have been made until the day of full payment. A part of a month is considered a full month.
Objections to the content or amount of invoices do not suspend the client’s payment obligation.
All (extra)judicial costs, of any kind, that Goed Georganiseerd has to incur as a result of the client’s non-compliance with its (payment) obligations are also borne by the client. The extrajudicial costs amount to 15% of the principal sum, with a minimum of €200.00 excluding VAT.
In case of non-compliance with the (payment) obligations by the client, Goed Georganiseerd is entitled to dissolve the agreement with immediate effect or to suspend (further) delivery of services until the client has fully complied with the (payment) obligations, including the payment of due interest and costs.
The client does not have the right to set-off, suspension, dissolution due to default, and/or annulment, unless provided for in these terms and conditions. Goed Georganiseerd has the right to set off all claims it has against the client, whether or not due, against the client.

Article 5 – Performance of Services

The client is obliged to provide all data and information requested by Goed Georganiseerd. Additionally, the client is obliged to timely provide all other facts and circumstances that may be relevant for the proper execution of the agreement to Goed Georganiseerd. The client guarantees the accuracy and completeness of all data and information provided to Goed Georganiseerd.
If Goed Georganiseerd is dependent on information to be provided by the client for the execution of an agreement, the client cannot hold Goed Georganiseerd accountable for failing to fulfill its obligations as long as the client has not provided all requested information. Any costs of (obtaining) this information and/or due to delays resulting from the untimely availability of this information are borne by the client.
If the client observes or can reasonably observe that Goed Georganiseerd has failed in performing its services, the client must immediately notify Goed Georganiseerd in writing with reasons. Goed Georganiseerd will be granted a reasonable period by the client to, if possible, remedy the defect. All costs thereof are borne by the client unless there is liability of Goed Georganiseerd as determined in these terms and conditions.
Agreements concluded between Goed Georganiseerd and the client are entered into for an indefinite period, unless otherwise stipulated in the agreement or agreed in writing by the parties.
Agreements concluded between Goed Georganiseerd and the client that relate to the periodic performance of services for the client are, unless otherwise agreed in writing, entered into for a duration of one year.
Goed Georganiseerd has the right to index the price for agreements as referred to in paragraph 5 each year.
An agreement as referred to in paragraph 5 that is entered into for a fixed period will be tacitly renewed for the same period unless one of the parties terminates the agreement in writing with a notice period of three calendar months prior to the end of the (extended) contract term.
An agreement as referred to in paragraph 5 that is entered into for an indefinite period can be terminated by either party after proper business consultation and with reasons, with a notice period of at least three calendar months.
Termination must always be done by registered letter.

Article 6 – Inspection, Complaints

The services performed by Goed Georganiseerd are deemed to be fully accepted and approved by the client if the client does not indicate in writing within three weeks after delivery of the services which parts of the services were not performed or delivered properly.

Article 7 – Retention of Title

All items delivered or made available to the client by Goed Georganiseerd, including but not limited to drawings, plans, software, (electronic) files, etc., remain the property of Goed Georganiseerd until the client has fulfilled all obligations from all agreements concluded with Goed Georganiseerd.

Article 8 – Warranty and Liability

Unless expressly agreed otherwise in writing, Goed Georganiseerd always has a best-efforts obligation towards the client. Therefore, no guarantee can be given regarding the result of the services performed by Goed Georganiseerd.
If and insofar as items are discarded, destroyed, or otherwise given a different destination in the context of the services performed by Goed Georganiseerd, the client is always responsible for this. Goed Georganiseerd only advises and does not make decisions.
The advice provided by Goed Georganiseerd is non-binding, and the client cannot derive any rights from it.
Goed Georganiseerd is not obliged to compensate for damage to the client or third parties unless there is intent or gross negligence on its part.
Goed Georganiseerd is not liable for damage of any kind caused by Goed Georganiseerd relying on incorrect and/or incomplete data provided by the client, unless this incorrectness or incompleteness should have been known to Goed Georganiseerd.
Goed Georganiseerd does not acknowledge any liability for indirect, consequential, or business damage, missed savings, and loss of profit or revenue.
Goed Georganiseerd is only liable to the client for damage that is the direct result of an attributable shortcoming in the performance of the work. This liability is limited to the amount paid out by Goed Georganiseerd’s liability insurer for the relevant case. If the liability insurer of Goed Georganiseerd, for any reason, does not proceed to pay out for a damage-causing event, the liability of Goed Georganiseerd is limited to the invoice amount of the relevant assignment, or at least to that part of the amount to which the liability relates. In no case will the total compensation for damage by Goed Georganiseerd exceed €10,000 (say: ten thousand euros) per attributable shortcoming. A series of related attributable shortcomings counts as one attributable shortcoming. Goed Georganiseerd will adequately insure itself against business risks.
The client indemnifies Goed Georganiseerd against any claim that third parties may assert against Goed Georganiseerd in connection with the execution of an agreement concluded with Goed Georganiseerd, insofar as the law does not prevent that the damage and costs are borne by the client.
Any ground that could give rise to a claim for damages must be reported in writing to Goed Georganiseerd within fourteen days after the client has discovered or could reasonably have discovered the damage, failing which the right to compensation lapses.

Article 9 – Force Majeure

In the event of force majeure, Goed Georganiseerd is not obliged to fulfill its obligations towards the client, or the obligation is suspended for the duration of the force majeure.
Force majeure is defined as any circumstance beyond its control that prevents or hinders the fulfillment of its obligations towards the client, whether wholly or partially, temporarily or otherwise. Such circumstances include, but are not limited to, strikes, fire, business disruptions, power outages, disruptions in a (telecommunications) network or connection or used communication systems, and/or the unavailability of employees of Goed Georganiseerd at any time, non-delivery or late delivery by suppliers or other third parties engaged, and the absence of any government-issued permit.
If a period of force majeure lasts longer than six months, the parties are entitled to terminate the agreement in writing, taking into account the provisions of Article 5.9, without any right to compensation arising for either party.
If Goed Georganiseerd and/or the client cannot fulfill their obligations, not timely or properly, due to force majeure as defined in Article 6:75 of the Dutch Civil Code, the obligations of Goed Georganiseerd and/or the client are suspended until they can be fulfilled. If the period of force majeure lasts longer than three months, both Goed Georganiseerd and the client can terminate the assignment with immediate effect by registered letter, without being obliged to pay any form of compensation. If Goed Georganiseerd has already partially fulfilled the assignment, the client can only partially terminate the assignment (for the future) and is obliged to pay Goed Georganiseerd for the work already performed based on the assignment.

Article 10 – Confidentiality

The parties are obliged to maintain the confidentiality of all confidential information they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if it has been communicated as such by the other party or if this arises from the nature of the information.
Goed Georganiseerd takes appropriate technical and organizational measures to secure personal data against loss or any form of unlawful processing. Unlawful forms of processing include the alteration, unauthorized access, modification, or disclosure of data.
The measures ensure an appropriate level of security. This means that these measures guarantee, taking into account the state of the art and the costs of implementation, an appropriate level of security considering the risks that the processing and the nature of the data to be protected entail.
By agreeing to these terms you also agree to the privacy policy as published on this site.
If, based on a legal provision or a court ruling, Goed Georganiseerd is obliged to provide confidential information to third parties designated by law or the competent court, and Goed Georganiseerd cannot invoke a legal or recognized or permitted right of non-disclosure, Goed Georganiseerd is not obliged to pay compensation or indemnification, and the other party is not entitled to dissolve the agreement on the grounds of any damage arising from this.

Article 11 – Intellectual Property

The client expressly acknowledges that all intellectual property rights of displayed information, communications, drawings, plans, or other expressions related to the services performed rest with Goed Georganiseerd or other rightful claimants.
The client is prohibited from using or making changes to the intellectual property rights as described in this article, such as reproducing a design, unless with written permission from the Professional Organizer or other rightful claimants.
The client indemnifies Goed Georganiseerd against claims from third parties regarding intellectual property rights on materials or data provided by the client, which are used in the execution of the agreement.

Article 12 – Suspension and Termination

Goed Georganiseerd is authorized to suspend the fulfillment of its obligations or to terminate the agreement if:

The client does not fully comply with its obligations under the agreement;
After the conclusion of the agreement, circumstances come to the knowledge of Goed Georganiseerd that give good reason to fear that the client will not (be able to) fulfill its obligations;
The client was requested to provide security for the fulfillment of its obligations under the agreement at the time of the conclusion of the agreement, and this security is not provided or is insufficient.

Goed Georganiseerd can terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
Goed Georganiseerd can terminate the agreement without notice of default and without judicial intervention by written notification with immediate effect if the client applies for or obtains (provisional) suspension of payment, is declared bankrupt, or if the client’s business is liquidated or terminated. Goed Georganiseerd will never be obliged to pay any compensation due to this termination.
Goed Georganiseerd can also terminate the agreement in the aforementioned manner with immediate effect if it appears during the execution of the agreement that it is, for whatever reason, not possible to achieve the agreed result.
Amounts that Goed Georganiseerd has invoiced or will invoice in connection with what it has already performed in the execution of the agreement remain due and are immediately payable at the time of termination of the agreement.
If Goed Georganiseerd has provided items to the client in the execution of the agreement, the client is obliged to return the delivered items in their original state, free of defects, and complete within 5 days after termination or dissolution of the agreement. If the client does not fulfill this obligation, all resulting costs are borne by the client.

Article 13 – Training

In the context of these terms and conditions, ‘training’ means all training sessions, workshops, and/or other meetings provided by Goed Georganiseerd.
Goed Georganiseerd reserves the right to refuse registrations for training sessions without stating reasons.
Goed Georganiseerd reserves the right to cancel a training session or merge participant groups in case of insufficient registrations. Goed Georganiseerd will inform the client in a timely manner in such cases.
If a training session is specifically provided for one client, Goed Georganiseerd can, if desired, adapt the material used for the training (presentation, teaching materials, etc.) to the client’s organization. The client is allowed to have changes made to this material by Goed Georganiseerd once.
Unless expressly agreed otherwise, the rates charged by Goed Georganiseerd for training sessions are exclusive of VAT. The amount owed by the client to Goed Georganiseerd for participation costs is payable in advance and must be credited to the bank account indicated on the invoice of Goed Georganiseerd before the start of the training session. If payment has not been made on time, Goed Georganiseerd has the right to refuse participation in the training session.

Article 14 – Cancellation of Training

Cancellation by the client of its participation in a training session is only valid if done in writing. In the case of written cancellation by post, the date of the postmark is decisive for the time of cancellation. In the case of cancellation by fax or electronically, the time of receipt of the fax message or electronic message by Goed Georganiseerd is decisive for the time of cancellation.
Unless expressly agreed otherwise in writing, the client can cancel free of charge up to four weeks before the start of a training session. In the case of cancellation within four to two weeks before the start of a training session, the client owes 50% of the participation costs (including, if applicable, the hospitality arrangement). In the case of cancellation within two weeks before the start of a training session, the client owes the full participation costs (including, if applicable, the hospitality arrangement).
If the client or a participant appointed by the client is unable to attend a training session without timely cancellation, the client owes the full amount of participation costs to Goed Georganiseerd.
If the client or a participant appointed by the client is unable to attend a training session, the client is entitled to appoint a substitute. This substitution applies to the entire training session.

Article 15 – Applicable Law and Competent Court

All offers, order confirmations, and agreements are exclusively governed by Dutch law.
Disputes are submitted to the competent court in the district where Goed Georganiseerd is established, unless the law expressly designates another court as competent.

Goed Georganiseerd, 22-11-2024