General therms and conditions Shetect, KVK 77618505, POB 1824

Article 1 Definitions

1.1 Assignment: all advice related work, investigation work and additional work is included.

1.2 Client: every natural and legal person who provides an assignment to Shetect. Also all clients who, together, provide an assignment and authorised representatives.

1.3 Agreement: the written or verbal agreement concerning rendering services.

1.4 Term of delivery: the period of time in which, under customary circumstances, the final report about the accepted assignment is delivered, unless otherwise stipulated and specified.

Article 2 General

2.1 These terms and conditions are applicable to every offer, quotation and agreement made by private agency  Shetect for the delivery of services and the execution of work for its client. These general terms and conditions are also applicable to all stages preceding such an agreement as well as to the connected services delivered and work carried out by private detective agency Shetect before the agreement was made.

2.2 The proposed conditions are also applicable to all agreements with private detective agency Shetect, for the execution of which third parties will be involved.

2.3 The client’s own conditions, which he would wish to declare to be applicable to the agreements mentioned in the previous article and the stages preceding that, do not apply, unless private investigation agency Shetect has accepted these, entirely or partly, expressly in writing. The provisions of these general terms and conditions which are not deviated from, remain  fully applicable.

2.4 If , in connection with the services to be rendered two agreements have been made, the last one in date is valid.

2.5 To the client, an extract from its administration signed by the private detective agency Shetect constitutes full evidence barring counter evidence to be delivered by  the client.

2.6 If any provision of these general terms and conditions, for whatever reason, does not seem to be valid, these terms and conditions will be applicable without limiting for the remainder.

2.7 Customers’ complaints will be dealt with in accordance with private detective company Shetect’s complaints procedure.

Article 3 Offer and acceptance

3.1 The quotations drawn up by private detective agency Shetect are without obligation and valid for thirty days from date, unless another agreement has been made in writing. All prices stated in quotations are exclusive of VAT.

3.2 Private detective Agency Shetect is only bound to the quotation if the customer has confirmed acceptance of the quotation in writing within thirty days after signing the contract, unless otherwise agreed.

3.3 All offers are based on information provided by the client, unless the agreement proves the opposite. Mistakes in this information do not create any liability for private detective agency Shetect and do not give a single right to private detective agency Shetect to claim any performance.

3.4 A written or oral request from the client to render services or carry out work leads to an agreement when this request is accepted by private detective agency Shetect.

3.5 Acceptance of an assignment by private detective agency Shetect happens by means of a confirmation provided to the client, unless agreed otherwise.

3.6 If the objectivity and integrity of private detective agency Shetect cannot be warranted, that is a pressing reason for private detective agency Shetect to refuse the assignment after all and to terminate the agreement. The client will be informed about this as soon as possible.

Article 4 Execution of the agreement

4.1 Private detective agency Shetect is obliged to secrecy towards third parties concerning what  during acceptance and execution of the assignment it has come to know or has been brought to its attention, as well as its report to the client. Providing information in whatever form to third parties can only be done exclusively with the client’s permission.

4.2 Private detective agency Shetect commits to executing the assignment within legal frameworks and other applicable rules and privacy code of behaviour.

4.3 Private detective agency Shetect has no obligation to reach results, solely  total commitment.

4.4 If private detective agency Shetect deems it necessary for a proper execution of the assignment, the company has the right to engage third parties to do certain tasks.

4.5 As soon as possible after providing the confirmation of the assignment, the client gives all the necessary data and information to private detective agency Shetect that are necessary for a proper and undelayed execution of the assignment. That includes minimally  providing enough information to enable Shetect to decide on the necessary tasks to be done.

4.6 The client is fully and exclusively responsible for providing timely, correct and as comprehensive as possible, information to private detective agency Shetect. Private detective agency Shetect is not liable for any damage because the agency carried out  investigation based on incorrect and/or incomplete  information given by the client, unless this incorrectness or incompleteness should have been known to Shetect.

4.7 The client protects the private detective agency Shetect from possible claims from third parties who suffer damage in connection with the execution of the agreement and for which the client is attributable.

4.8 The result of the assignment is intended  exclusively  for the client. Third parties cannot derive any rights from this.

4.9 The result of the assignment may be used exclusively for the purpose that the assignment was agreed on. If no explicit purpose has been agreed upon, the usual purpose is governing when looking at the nature of the assignment.

Article 5 Changing the agreement

5.1 If, during the execution of the assignment, it becomes apparent that it is necessary for a proper execution to change the work to be carried out needs to be changed or complemented, the parties will timely and in consultation adapt the agreement.

5.2 If the parties agree that the agreement is changed or complemented, the moment of completion can be influenced by it. Private detective agency Shetect will inform the client about this as soon as possible.

5.3 Private detective agency Shetect will inform the client beforehand if the change or addition to the agreement is going to have consequences for the amount in the quotation presented in connection with changes in (the duration of) the work.

5.4 In derogation to article 3 private investigation agency Shetect will not charge additional fees if private detective agency Shetect is to be blamed for  the changes and additions.

Article 6 Termination of  the agreement

6.1 As cancellation clause for the agreement made by the parties, the circumstance in which one of the parties is involved in bankruptcy or gets preliminary suspension of payment prevails.

6.2 On the basis of a compelling reason for private detective agency Shetect, the agency may suspend the execution of an agreement already accepted until the costs incurred up to then have been paid or enough security of payment has been received. If the client does not meet the claim, the agreement is terminated after a reasonable period of time without the obligation to pay damages suffered by the client. The client will be given an oral or a written report in connection with work that has already been done.

6.3 The client is entitled to withdraw the assignment during execution on the basis of pressing reasons, if the decision to do this is made known immediately to private detective agency Shetect.

6.4 In all cases of terminating  an agreement the client will pay for the costs already made and the work already carried out to private detective agency Shetect.

Article 7 Completion of the agreement

7.1 In concluding the agreement executed private detective agency Shetect reports its findings.

7.2 Every time private detective agency Shetect considers this necessary, or when this has been agreed upon with the client, private detective agency Shetect will provide an interim report to the client.

7.3 Private detective agency Shetect will keep all registrations, data, correspondence, documents and other documents in connection with the acceptance and execution of the assignment, during  a period of a minimum of five years after handing over the final report. Rough copies will be kept for a minimum of one year. Other material material items will be sent to the client along with the final report.

7.4 Copy rights on all documents provided by private detective agency Shetect, like interim and final reports concerning the case are explicitly reserved to Shetect.

Article 8 Payment

8.1 The client commits himself to payment of the work- related price, also taking into account the following conditions.

8.2 The client is obliged to pay within fourteen days after the invoice date in a way to be indicated  by private detective agency Shetect in the currency written off in. If in the period mentioned no payment has been made, the client owes interest , without any further notice or notice of default, that is one % higher than the legal interest, to be calculated fourteen days after the invoice date. Besides this also the administration and collection costs are to be paid by the client. The interest on the  claimable sum will be calculated from the moment the client is in default until the moment of payment of the full amount.

8.3 in case of an assignment running more than two months the costs owed can be charged periodically.

8.4 The client does not have the right to apply any rebate or compensation concerning the price agreed on by him and private detective agency Shetect. 

8.5 In the case of liquidation, bankruptcy, impounding or suspension of payment of the client, private detective agency’s receivables fall due immediately.

Article 9 Liability

9.1 If private detective agency would be liable, this liability is restricted to what has been laid down in this provision.

9.2 Private detective agency Shetect is never accountable for damage which cannot be avoided in the applied manner, if by or on behalf of the client no written concerns have been expressed against this way of working, or if by or in name of the client urgency  forces the agency to apply this way of working.

9.3 If fulfilment of the contract is permanently impossible and the failure is attributable concerning the execution of the assignment, private detective agency Shetect can only be held liable for substitute compensation, which means the compensation of the value of the service not rendered. Any accountability of private detective agency Shetect for any other  form of compensation is excluded, including extra compensation in any shape or form, reimbursement of indirect damage, consequential damage or damage due to loss of profit, except in the case of potential legal responsibility.

9.4 Condition for the emergence of any right to compensation always is  that the client, after the emergence of damage, has reported this in writing to private detective agency Shetect as soon as reasonably possible.

9.5 The client protects private detective agency Shetect from all  third party claims concerning execution of the assignment, or concerning the report delivered by private detective agency Shetect.

9.6 Private detective agency Shetect is not liable for damage if the client has provided insufficient or incorrect information on the basis of which private detective agency Shetect has defined and carried out work or rendered services.

9.7 Private detective agency Shetect can never be held accountable for indirect  damage, including consequential damage, lost profit, missed savings, damage by company stagnation.

9.8 The restrictions of liability for direct damage included in these conditions do not apply if the damage is the result of intent or gross negligence of private detective agency Shetect or its subordinates.

9.9 All judicial claims against private detective agency Shetect, including claims of compensation, will  be time-barred from one year after the claim has emerged.

Article 10 Loss of goods

10.1 The client will protect the private detective agency  from third party’s claims against private detective agency Shetect concerning its staff, loss of or damage to goods in respect of which private detective agency Shetect has to render services or carry out work.

Article 11 Force majeure

11.1 Private detective agency Shetect  is not liable for not completing or not fully completing the work agreed upon, if it is the result of force majeure. In any case force majeure is understood to be war, state of war, state of siege, civil war, rebellion, revolution,  insurrection, seizure of power by the military or others, looting in connection with these circumstances, strikes and other labour conflicts within private detective agency Shetect,  strikes and labour conflicts elsewhere, in so far as private detective agency Shetect is hindered in rendering services, squatters’ demonstrations, obstructive severe weather conditions, traffic disturbances, and generally any cause that can not reasonably be attributed to private detective agency Shetect. The situations  mentioned above shall not prevent private detective agency Shetect from trying to prevent  and avoid a force majeure situation.

11.2  In the case of delay caused by force majeure or suspension of the services to be rendered  by private detective agency Shetect, the term of delivery will be lengthened by the term of force majeure or suspension. Private detective agency Shetect is not held to compensate damages suffered by the client due to this delay.

Article  12 Complaints

12.1 Complaints concerning reports provided must be made known within fourteen days after completion. Private detective agency Shetect will fix the shortcomings if the reclamation is valid, taking into account all the provisions mentioned in these general terms and conditions.

Article 13 Criminal offence

13.1  If a staff member of private detective agency Shetect discovers a criminal offence, this will be reported to the client. The decision to file a police report concerning the offence is made by the client. The filing of the police report will be done by staff of the private detective agency Shetect, only at the request of the client and under the client’s responsibility. The client protects private detective agency Shetect and its staff from all third party claims in connection with  the filing of such a  report, no matter if private detective agency Shetect  or its staff can be blamed in any way concerning the filing of the report.

Article 14 Disputes

14.1 Disputes need to be dealt with conforming to the Law WPBR firstly by means of the set  complaints procedure.

14.2  After the procedure named under 14.1 the judge in the location  of residence of private detective agency Shetect is exclusively authorised to take note  of disputes, unless the magistrate is authorised. Nonetheless private detective agency Shetect has the right to put the dispute before the judge authorised according to the law.

14.3 To any agreement between private detective agency Shetect and the client these general terms and conditions are exclusively applicable as well as Dutch Law, if necessary  expressly going beyond the right that according to international private law from one or both parties would be applicable.

Article 15 Entry into force

15.1 The terms and conditions mentioned above have been deposited with the Chamber of Commerce.

15.2 The terms and conditions mentioned above can be found on the website of private detective agency Shetect.