General Terms and Conditions Amsterdam Desk Company

Amsterdam Desk Company (hereinafter referred to as: Amsterdam Desk Company) is registered with the Chamber of Commerce under number 83362916 and has its registered office at Keizersgracht 520H (1017EK) in Amsterdam.

Article 1 – Concepts

1. In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise:
2. Offer: Any written offer to the Tenant for the performance of services by the Landlord to which these terms and conditions are inextricably linked.
3. Services: The service offered by the Landlord is the letting of furnished (flex) workplaces and meeting rooms. The Landlord also offers the possibility of Virtual Office and additional Services, including a post scan service, a receptionist service, a business reception address and, depending on the scope of the agreement, a telephone service with its own number. The Services are made available in the form of a package. Depending on the package, the Tenant can make use of the (flex) workplace and/or meeting room for a certain number of hours.
4. Rented: the rented object concerns furnished (flex) workplaces and meeting room(s) as well as the use of the common room(s) present.
5. Tenant: the natural person or legal entity acting in the exercise of a profession or business entering into an Agreement (at a distance) with the Landlord.
6. Agreement: the agreement (at a distance) that extends to the letting of the Rented, as well as the provision of additional Services by Amsterdam Desk Company.
7. Landlord: The supplier of the Leased to the Tenant, hereinafter referred to as: Amsterdam Desk Company.
8. Virtual office: The possibility – subject to certain conditions – to register a Renter at the address of the Letter. The Renter in question will then also be able to make use of certain Services the Letter offers.
9. Website: the Website of Amsterdam Desk Company on which the Renter can make a reservation for the use of the office space and/or meeting room.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer from Amsterdam Desk Company and every Agreement between Amsterdam Desk Company and a Renter.
2. Before an Agreement is entered into (remotely), the Renter will be provided with these general terms and conditions. If this is not reasonably possible, Amsterdam Desk Company will indicate to the Renter how the Renter can view the general terms and conditions, which are in any event published on the Amsterdam Desk Company website, so that the Renter can easily save these general terms and conditions on a durable data carrier.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Amsterdam Desk Company.
4. These general terms and conditions also apply to supplementary, amended and follow-up agreements with the Tenant.
5. If one or more provisions of these general terms and conditions are or will be partially or fully null and void, the other provisions of these general terms and conditions will remain in force and the void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general conditions should be assessed and explained in the spirit of these general conditions.
7. If in these general conditions reference is made to he/she, this should also be understood as a reference to him/her, if and insofar as applicable.

Article 3 – The Offer

1. All offers made by Amsterdam Desk Company are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer is only valid if it has been made in writing.
2. The Offer made by Amsterdam Desk Company is without obligation. Amsterdam Desk Company is only bound by the Offer if the acceptance thereof is confirmed in writing by the Tenant within 30 days and/or the Tenant has already paid the amount owed. Nevertheless, Amsterdam Desk Company is entitled to refuse an Agreement with a potential Renter for a well-founded reason for Amsterdam Desk Company.
3. The Offer contains an accurate description of the services offered and the Hired with corresponding prices. The description is so detailed that the Renter is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Amsterdam Desk Company. Any images and specific data in the Offer are only an indication and cannot be a ground for any damages or the dissolution of the Agreement (remotely).
4. Offers do not automatically apply to follow-up orders.
5. Delivery times and periods stated in the Offer of Amsterdam Desk Company are indicative and, if exceeded, do not entitle the Renter to dissolution or compensation, unless expressly agreed otherwise.

Article 4 – Formation of the Agreement

1. The Agreement comes into effect when the Renter has accepted an Offer or Agreement from Amsterdam Desk Company by returning a signed copy (scanned or original) to Amsterdam Desk Company, or by explicitly and unambiguously agreeing to the Offer by e-mail, or by paying the Renter.
2. An Offer can be made by Amsterdam Desk Company via the website, in the area of Amsterdam Desk Company and outside the area of Amsterdam Desk Company.
3. Amsterdam Desk Company has the right to revoke the (signed) Agreement within 5 working days of receiving acceptance.
4. If the Renter has accepted the Offer by entering into an Agreement with Amsterdam Desk Company, Amsterdam Desk Company will confirm the Agreement with the Renter in writing or at least by e-mail.
5. If the acceptance (on minor points) deviates from the Offer, Amsterdam Desk Company is not bound by it.
6. Each agreement entered into with Amsterdam Desk Company or a project granted to Amsterdam Desk Company by the Renter is the property of the company and not of an individual person associated with Amsterdam Desk Company.
7. The Renter’s right of revocation is excluded, unless otherwise agreed.
8. Amsterdam Desk Company is not obliged to make an Offer if the Tenant could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or slip of the pen. The Tenant cannot derive any rights from this mistake or error.

Article 5 Duration of the Agreement

1. The agreement is entered into for the period specified in the Agreement. After expiry of the period specified in the Agreement, the Agreement will be tacitly continued for a subsequent period of the initial contract term, unless one of the parties terminates the Agreement by means of notice with due observance of the termination formalities.
2. Both the Tenant and Amsterdam Desk Company can terminate the Agreement on the grounds of an attributable breach in the performance of the Agreement if the other party has been given notice of default in writing and has been given a reasonable period to perform its obligations and it still fails to perform its obligations correctly at that time. This also includes the payment and cooperation obligations of the Tenant and if a negative result emerges from the investigation on the basis of the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme (Wwft). Amsterdam Desk Company is subject to the Money Laundering and Terrorist Financing ( Prevention) Act (Wwft).  In this context, Amsterdam Desk Company monitors the Client’s registration in the Chamber of Commerce trade register continuously. The Customer authorizes Amsterdam Desk Company to open and view the mail for the Customer from the Chamber of Commerce to register in it’s records any change in the Client’s registration.
3. The termination of the Agreement does not affect the payment obligations of the Tenant insofar as Amsterdam Desk Company has already carried out work or provided performance at the time of the termination. The Tenant must pay the agreed fee.
4. The Parties may terminate the Agreement in writing with due observance of a notice period of one calendar month by the end of this calendar month.
5. Amsterdam Desk Company can terminate the Agreement with the Tenant with a notice period of one month if the lease agreement between Amsterdam Desk Company and the owner of the premises where the workstations and meeting rooms are located is terminated. If the parties agree to this, a shorter notice period can be used.
6. If Amsterdam Desk Company changes the location, this does not constitute grounds for the Tenant to terminate the Agreement.
7. Both the Tenant and Amsterdam Desk Company can terminate the Agreement in full or in part in writing with immediate effect without further notice of default in the event that one of the parties is in suspension of payment, bankruptcy has been applied for or the relevant company is wound up. If a situation as referred to above occurs, Amsterdam Desk Company is never obliged to refund any monies and/or compensation already received.

Article 6 – Registration

1. In order to make use of the Services of Amsterdam Desk Company, the Renter must register via the Website of Amsterdam Desk Company.
2. The Renter can register by completing and sending the appropriate electronic form in full.
3. Renter is obliged to complete the registration form truthfully.
4. If the Renter has completed the form, Amsterdam Desk Company will provide the Renter with login details on the basis thereof, which the Renter can use to log on to the Website.
5. The use and possible misuse of the login details by the Renter will be at the Renter’s own expense and risk. The Tenant is responsible for maintaining the confidentiality of the login details.
6. If the Renter suspects that the login details have come into the hands of unauthorised persons, the Renter must inform Amsterdam Desk Company of this. Amsterdam Desk Company is authorised to take appropriate measures in this case.

Article 7 – Meeting room reservation

1. Tenant can reserve a meeting room through the Website.
2. Amsterdam Desk Company will confirm the reservation by e-mail.
3. If Renter cancels the reservation 24 hours or less before the commencement date, the reserved hours will be deducted from Renter.
4. If a reservation via the Website is not possible because it is not available, the Renter can contact Amsterdam Desk Company to place a reservation.

Article 8 – Execution of the Agreement

1. Amsterdam Desk Company will execute the Agreement to the best of its understanding and ability.
2. The Agreement on the basis of which Amsterdam Desk Company performs the services is leading for the scope and scope of the services. The Agreement will only be performed for the benefit of the Tenant. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Renter are the basis on which the services offered by Amsterdam Desk Company and the prices are based. Amsterdam Desk Company is entitled to adjust its services and prices if the information provided turns out to be incorrect and/or incomplete. If there are changes in the (business) data of the Renter, it must inform Amsterdam Desk Company as soon as possible.
4. The performance of the Services is based on the information provided by the Renter. If the information needs to be changed, this may have consequences for any planning. Amsterdam Desk Company is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Tenant has not provided all requested information or has not provided it on time or in the desired format, does not provide sufficient cooperation, any advance payment has not been received on time by Amsterdam Desk Company or there is a delay due to other circumstances at the expense and risk of the Tenant, Amsterdam Desk Company is entitled to a reasonable extension of the delivery period. All damage and additional costs as a result of delay due to a cause as referred to above are at the expense and risk of the Renter.
5. If and insofar as the proper execution of the Agreement requires this, Amsterdam Desk Company is entitled to have certain activities carried out by third parties at its own discretion.
6. Amsterdam Desk Company can require security from the Tenant in the form of a deposit or advance payment before proceeding to execute the Agreement.
7. Amsterdam Desk Company is not liable for damage, of whatever nature, that has been caused by Amsterdam Desk Company based on incorrect and/or incomplete information provided by the Renter, unless this incorrectness or incompleteness was known to Amsterdam Desk Company.
8. The Tenant indemnifies Amsterdam Desk Company against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Tenant.

Article 9 – Services (virtual office)

1. Amsterdam Desk Company will provide the Services during office opening hours from Monday through Friday, with the exception of national holidays. The additional Services are available 24 hours a day.
2. Specific arrangements may be made regarding the use of the Services outside office hours. All Services will be provided during office hours from 09:00 a.m. to 5:30 p.m. If Amsterdam Desk Company is of the opinion that a request for a certain Service is excessive, Amsterdam Desk Company reserves the right to charge additional costs on top of the usual rates of Amsterdam Desk Company, based on the time spent providing the Service.
3. Additional conditions may be set for the use of the Service.

Article 10 – Instructions for use and obligations Renter

1. Before commencement of the Agreement, the Renter and Amsterdam Desk Company will review the Rented. The Renter agrees that the Rented is in good condition at the start of the Agreement.
2. The Renter is obliged to use the Rented properly and in accordance with its intended purpose under the Agreement.
3. The Tenant is obliged to use the Subjects for office purposes. It is prohibited to keep animals in the Hired.
4. The Tenant has access to the Subjects only during office hours (09:00-17:30) from Monday to Friday inclusive.
5. The Tenant has an independent responsibility for the management and use of the items delivered by Amsterdam Desk Company.
6. Re-letting is prohibited unless the Tenant has the explicit written permission of Amsterdam Desk Company to re-let the Subjects to third parties.
7. In the event of re-letting, the Renter is liable for the use by this third party in the same manner as agreed in these terms and conditions for its own use.
8. The Tenant is obliged to use the Leased property in such a way that it does not contravene any law, any local ordinance or any other government regulation and that there is no danger that any government permit or government dispensation will or can be revoked. The Tenant will also comply with any requirements or regulations made or to be made by or on behalf of utilities and any other companies charged with the supply of gas, water and electricity, etc. and/or the transport and/or metering thereof.
9. The Tenant is obliged to use the Subjects in such a way that the Tenant and (the use of) the Subjects do not cause any nuisance or inconvenience in any form whatsoever to Amsterdam Desk Company, the neighbors and the surrounding area.
10. The Renter is not permitted to change the furnishing or form of the Rented (furniture, office equipment, cables, IT or telecommunication equipment and connections) in whole or in part or to add anything to it without prior written permission from Amsterdam Desk Company. Amsterdam Desk Company is only obliged to cooperate if these changes are necessary for the efficient use of the Rented. Amsterdam Desk Company has the right to attach conditions to the granting of written permission or to impose an order, including an increase in the rent if the changes and additions give a reasonable reason to do so.
11. Changes and additions made or taken over by the Renter do not form part of the Rented and must be undone or removed by the Renter before or at the end of the Agreement, unless otherwise agreed by the parties at or after Amsterdam Desk Company has given its written consent.
12. The Renter is obliged to make the Rented item cleanly available to Amsterdam Desk Company at the end of the rental period and to deliver it in accordance with the Agreement.
13. The Renter is not entitled to any compensation for unjustified enrichment of Amsterdam Desk Company or any third party in connection with changes made or taken over by the Renter to the Rented and Leased items.
14. additions to the Hired that at or after the end of the Agreement for whatever reason have not been undone or removed, unless explicitly agreed otherwise in writing.
15. The Renter is obliged to provide all information requested by Amsterdam Desk Company as well as relevant appendices and related information and data in good time and/or before the start of the rental period and in the desired form for the correct and efficient execution of the Agreement. Failing this, Amsterdam Desk Company may not be able to fully execute the Agreement. The consequences of such a situation are at all times at the expense and risk of the Renter.
16. Amsterdam Desk Company is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Renter with regard to the information if this has changed over time, nor is Amsterdam Desk Company responsible for the accuracy and completeness of the information compiled by Amsterdam Desk Company for third parties and/or provided to third parties in the context of the Agreement.
17. Amsterdam Desk Company may, if necessary for the performance of the Agreement, request additional information. Failing this, Amsterdam Desk Company is entitled to suspend the execution of the Agreement until the information has been received, without being obliged to pay any compensation for any reason whatsoever to the Tenant. In the event of changed circumstances, the Renter must notify Amsterdam Desk Company immediately or no later than 3 working days after the change has become known.
18. The Renter is not permitted to hang (advertising) signs on the door of the room or anywhere else visible outside or in the Rented space.
19. The Renter must insure its property, employees and any third parties visiting the Renter and keep them insured for the duration of the agreement.
20. The Renter must comply with the house rules of Amsterdam Desk Company that apply to the use of the Rented. Amsterdam Desk Company will let the Renter know how the house rules can be viewed.

Article 11 – Obligations Landlord

1. Amsterdam Desk Company will execute the Agreement to the best of its knowledge and ability and is obliged to leave the Rented at the disposal of the Renter insofar as this is necessary for the agreed use.
2. Amsterdam Desk Company will deliver the Leased item in a good state of repair and without any defects that can be observed by an expert, except if and/or insofar as maintenance defects and/or other defects have been stated.
3. If and insofar as the proper execution of the Agreement requires this, Amsterdam Desk Company is entitled to have certain work carried out by third parties as it sees fit.

Article 12 – Maintenance

1. During the lease period, Amsterdam Desk Company will carry out the agreed maintenance and repair work on the Leased Object at the request of the Tenant.
2. If, during the maintenance period, defects are found which are at the expense of Amsterdam Desk Company, these defects will be repaired free of charge. If repair is not possible, Amsterdam Desk Company is entitled to replace the Rented.
3. Maintenance and repair work is only carried out by Amsterdam Desk Company or a third party engaged by Amsterdam Desk Company. The Tenant is at all times responsible for the correct and careful use of the Leased item and must refrain from injudicious or improper use or making changes to the Leased item without Amsterdam Desk Company’s written consent or using the Leased item for purposes for which the Leased item is not intended, exposing the Leased item to abnormal circumstances or treating it contrary to Amsterdam Desk Company’s instructions.
4. The costs of (minor) daily maintenance are for the account of the Renter. (Minor) daily maintenance is in any case understood to mean: keeping the workplace and/or meeting room(s) clean and ensuring that the office space with the intended furnishings is not damaged or altered.
5. Amsterdam Desk Company is not obliged to carry out maintenance, repair or maintenance of changes and additions made or taken over by the Renter.

Article 13 – Keys and security

1. All keys are property of Amsterdam Desk Company. It is prohibited to duplicate them or give them to third parties for use without prior permission from Amsterdam Desk Company.
2. In the event of loss or theft, Amsterdam Desk Company must be notified immediately. The costs arising from this are at the expense of the Renter.
3. During the use of the Rented, during and outside regular office opening hours, the Renter is responsible for the orderly (dis)closing of the doors of the office space and the Rented.

Article 14 – Defects

1. Amsterdam Desk Company guarantees that the Leased object complies with the Agreement as concluded between the parties.
2. Amsterdam Desk Company is obliged to remedy defects at the request of the Renter, unless this is impossible or the costs of remedying the defects cannot reasonably be demanded of Amsterdam Desk Company.
3. Any damage and loss must be reported to Amsterdam Desk Company immediately, but at the latest within 24 hours. If agreed, Amsterdam Desk Company will take care of further handling of the damage and/or repair.
4. of the damage. The Tenant is obliged to follow the instructions of Amsterdam Desk Company.
5. The Tenant is liable for the following costs and damages and indemnifies Amsterdam Desk Company against them:
6. Damage as a result of the loss of the Hired item and/or the accompanying documents;
7. Damages that for whatever reason are not compensated by the Renter’s insurance company;
8. Damage as a result of carelessness on the part of the Renter.
9. Defects to alterations and additions made or taken over by the Renter and resulting from those alterations or additions to the Rented and harmful consequences for the Rented, Amsterdam Desk Company or third parties are not regarded as defects of the Rented as referred to in section 7:204 of the Dutch Civil Code and do not give the Renter any claim against Amsterdam Desk Company. The Renter is liable for any defects of the Rented and harmful consequences for the Rented, Amsterdam Desk Company or third parties arising from those changes or additions. The Renter will indemnify Amsterdam Desk Company against any claims of third parties against Amsterdam Desk Company in connection therewith.
10. Invisible defects are the defects that the Renter has not discovered during a thorough inspection of the Rented and could not reasonably have discovered, must be reported to Amsterdam Desk Company in writing immediately after discovery of the defect.

Article 15 – Prices

1. During the period of validity of the Offer, the prices of the goods offered will not be increased, except in the event of changes in VAT rates.
2. The prices mentioned in the Offer are exclusive of VAT, unless agreed otherwise.
3. The Tenant is obliged to fully reimburse the costs of third parties that are deployed by Amsterdam Desk Company after approval by the Tenant, unless expressly agreed otherwise.
4. The prices stated in the Offer are based on the cost factors applicable at the time of entering into the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
5. The parties may agree that the Tenant must pay an advance payment. If an advance payment has been agreed, the Tenant must pay the advance payment before commencement of the performance of the services.
6. Amsterdam Desk Company is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the term of the Agreement are only possible if and insofar as they have been explicitly laid down in the Agreement.

Article 16 – Payment and collection policy

1. Payment should preferably be made in advance, before the following month, in the currency in which the invoice was made using the method indicated.
2. The tenant cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
3. The tenant must make a lump-sum payment to the account number and details of Amsterdam Desk Company made known to it. The parties can only agree a different payment term with the explicit and written consent of Amsterdam Desk Company.
4. If a periodic payment obligation of the Tenant has been agreed, Amsterdam Desk Company is entitled to adjust the applicable prices and rates in writing with due observance of a period of at least 3 months after the Agreement has commenced and the Tenant has been informed of this (in a timely manner).
5. In the event of the death, bankruptcy, seizure or suspension of payment of the Renter, the claims of Amsterdam Desk Company against the Renter are immediately due and payable and the Renter or at least its heirs must immediately bring the Renter into the power of Amsterdam Desk Company.
6. Amsterdam Desk Company is entitled to have the payments made by the Renter first of all deducted from the costs, then deducted from the interest that has fallen due and finally deducted from the principal sum and the accrued interest. Amsterdam Desk Company can, without being in default as a result, refuse an offer of payment if the Renter designates a different sequence of attribution. Amsterdam Desk Company can refuse full repayment of the principal sum if the outstanding and accrued interest as well as the costs are not also paid.
7. If the Tenant fails to fulfil its payment obligation and has not fulfilled its obligation within the stipulated payment term of 7 days, the Tenant will be in default by operation of law.
8. From the date that the Tenant is in default, Amsterdam Desk Company will, without further notice of default being required, claim statutory interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Section 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the decree on compensation for extrajudicial collection costs of 1 July 2012.
9. If Amsterdam Desk Company has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Renter.

Article 17 – Guarantee

Amsterdam Desk Company guarantees that the Rented item complies with the Agreement, the specifications, usability and/or soundness stated in the Offer and the legal rules and regulations at the time of the conclusion of the Agreement.

Article 18 – Privacy, data processing and security

1. Amsterdam Desk Company treats the (personal) data of the Renter with care and will only use them in accordance with the applicable standards. If requested, Amsterdam Desk Company will inform the party concerned of this. Questions about the processing of the personal data and further information can be sent to Amsterdam Desk Company by e-mail.
2. The Tenant is itself responsible for the processing of data that is processed using a service of Amsterdam Desk Company. The Tenant also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Tenant indemnifies Amsterdam Desk Company against any (legal) claim related to these data or the execution of the Agreement.
3. If pursuant to the Agreement Amsterdam Desk Company must provide security for information, this security will meet the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data and the associated costs.

Article 19 – Suspension and dissolution

1. Amsterdam Desk Company is authorised to suspend fulfilment of the obligations or to dissolve the Agreement if the Renter does not fulfil or does not fully fulfil the (payment) obligations under the Agreement.
2. In addition, Amsterdam Desk Company is authorised to dissolve the Agreement existing between it and the Renter, insofar as it has not yet been performed, without judicial intervention, if the Renter fails to fulfil the obligations arising for it from any Agreement entered into with Amsterdam Desk Company on time or adequately. In that case, Amsterdam Desk Company is not liable for damage, for whatever reason, as a result of the suspension of its activities.
3. Furthermore, Amsterdam Desk Company is authorised to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise of such a nature that compliance with the Agreement is impossible or can no longer be required in accordance with standards of reasonableness and fairness or if other circumstances arise of such a nature that the unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, Amsterdam Desk Company’s claims against the Renter are immediately due and payable. If Amsterdam Desk Company suspends fulfilment of the obligations, it retains its claims under the law and the Agreement.
5. Upon termination of the rental period, the Renter immediately loses the right to use the Rented.
6. Amsterdam Desk Company is entitled to reclaim all property when the Agreement is terminated.
7. Amsterdam Desk Company always retains the right to claim damages.
8. If Amsterdam Desk Company terminates the Agreement on the basis of the above, the Tenant must nevertheless comply with the following conditions and obligations:
9. payment of any additional Services used;
10. payment of the basic amount for the remaining term of the Agreement if no immediate termination by Amsterdam Desk Company had taken place.
11. compensation of all costs incurred and damages to be suffered by Amsterdam Desk Company.
12. At the end of the Agreement, the Renter must leave the Rented with immediate effect, including all of his and his belongings, and make the space available to Amsterdam Desk Company in its original condition, subject to wear and tear through normal use.
13. Amsterdam Desk Company reserves the right to charge additional amounts for possible repairs that are required in addition to normal use and wear and tear.
14. If the Renter continues to make unauthorised use of the Rented item in any form whatsoever after termination of the agreement without Amsterdam Desk Company’s permission, the Renter is liable for all damage and losses suffered by Amsterdam Desk Company. In that case, the Renter is obliged to pay the rent and fee for the Services to Amsterdam Desk Company.

Article 20 – Limitation of liability

1. If there is an attributable shortcoming on the part of Amsterdam Desk Company, Amsterdam Desk Company is only obliged to pay any compensation if the Tenant has given Amsterdam Desk Company notice of default within 14 days of discovery of the shortcoming and Amsterdam Desk Company has subsequently failed to remedy this shortcoming within a reasonable term. The notice of default must be submitted in writing and contains such an accurate description/substantiation of the shortcoming that Amsterdam Desk Company is able to respond adequately.
2. The Renter is liable for all damage to the Rented, unless the Renter proves that he and persons for whom he bears responsibility and/or liability in the relationship with Amsterdam Desk Company, which in any case includes his staff, are not to blame for the occurrence of that damage.
3. Amsterdam Desk Company is not liable for damage resulting from the use of the Rented.
4. Amsterdam Desk Company is not liable for any damage arising to the Renter as a result of not making the Rented item available on time, unless a later provision of the Rented item to the Renter arises as a result of Amsterdam Desk Company’s own intent or gross negligence.
5. Amsterdam Desk Company is never liable for improper use of the Leased item outside its control during the lease period by the Renter. The Renter must comply with the use of the Rented in accordance with the manual and instructions of Amsterdam Desk Company.
6. If damage occurs during the rental period, the Renter is obliged to compensate all damage if this is not covered by the guarantee and/or Amsterdam Desk Company cannot repair the damage (or have it repaired) free of charge.
7. If the Renter unlawfully retains the Rented item after the end of the Agreement, Amsterdam Desk Company can claim compensation based on the rental price for the time it misses the rented item.
8. If the performance of the Agreement by Amsterdam Desk Company leads to liability on the part of Amsterdam Desk Company, this liability is limited to the total amount invoiced within the framework of the Agreement, but only with regard to the direct damage suffered by the Renter unless the damage is the result of intent or fault on the part of Amsterdam Desk Company. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability and the method of repair.
9. Amsterdam Desk Company is not liable for damage inflicted on the person or property of the Renter or third parties as a result of the occurrence and consequences of visible and invisible defects to the Rented, the office space, the building or complex of which the office space forms part, or as a result of the occurrence and consequences of weather conditions, of stagnation in the accessibility of the Rented, of stagnation in the supply of gas, water, electricity, heat ventilation or air treatment, of failure of the installations and equipment, of the entry and exit of gases or liquids, of fire, explosion and other occurrences, of disorder in the enjoyment of the use of the Rented and of disorder or shortcomings in the Services of Amsterdam Desk Company except in the event of damage as a result of gross negligence or serious negligence on the part of Amsterdam Desk Company with regard to the condition of the Rented, the office space or of the building or complex of which the office space forms part.
10. Amsterdam Desk Company is not liable for consequential loss, indirect loss, trading loss, loss of profit and/or loss, missed savings, loss due to business stagnation, loss of assets, loss due to delay, interest damage, immaterial loss and loss as a result of the use of the Leased property is excluded.
11. Amsterdam Desk Company is not liable for damage that is or can be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
12. Amsterdam Desk Company is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
13. Amsterdam Desk Company does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of Amsterdam Desk Company, nor the timely receipt thereof.
14. All claims of the Tenant for shortcomings on the part of Amsterdam Desk Company lapse if these have not been reported to Amsterdam Desk Company in writing and stating reasons within one year after the Tenant was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Renter will lapse in any event one year after the termination of the Agreement.

Article 21 – Confidentiality

1. Amsterdam Desk Company and the Renter undertake to keep all confidential information obtained in the context of the Agreement confidential. Confidentiality ensues from the Agreement and must also be assumed if it can reasonably be expected that it concerns confidential information. The confidentiality does not apply if the information in question is already public/general, the information is not confidential and/or the information has not been made known to Amsterdam Desk Company by the Tenant during the Agreement and/or has been obtained by Amsterdam Desk Company in some other way.
2. If Amsterdam Desk Company is required by law or a court decision to provide the confidential information to a competent court or indicated third party and Amsterdam Desk Company cannot invoke a right to refuse to give evidence, Amsterdam Desk Company is not obliged to pay any compensation and the Renter does not give any grounds for termination of the Agreement.

Article 22 – Safeguarding and correctness of information

1. The Tenant is itself responsible for the correctness, reliability and completeness of all data, information, documents and/or records, in whatever form, that it provides to Amsterdam Desk Company in the context of an Agreement, as well as for the data it has obtained from third parties and which has been provided to Amsterdam Desk Company for the execution of the Agreement.
2. The Tenant indemnifies Amsterdam Desk Company against any liability as a result of not or not timely fulfilling the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or records.
3. The Tenant indemnifies Amsterdam Desk Company against all claims of the Tenant and third parties engaged by it or working under it, as well as customers of the Tenant, based on the failure to obtain (on time) any permissions and/or consents required in the context of the execution of the Agreement.

Article 23 – Force majeure

1. Amsterdam Desk Company is not liable if, as a result of a situation of force majeure, it is unable to fulfil its obligations under the Agreement, nor can it be obliged to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not its fault and is not for its account by virtue of the law, legal act or generally accepted views.
2. Force majeure is in any case understood to mean, but is not limited to, what is understood in this respect in law and case law, (i) force majeure of Amsterdam Desk Company’s suppliers, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended by the Tenant to Amsterdam Desk Company, (iii) defects in goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example by cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Amsterdam Desk Company and (xi) other situations that, in the opinion of Amsterdam Desk Company, fall outside its sphere of influence that temporarily or permanently prevent the fulfilment of its obligations.
3. Amsterdam Desk Company is entitled to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after Amsterdam Desk Company should have fulfilled its obligation.
4. The Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement without any obligation to compensate the other party for damages.
5. Insofar as Amsterdam Desk Company has already partially fulfilled its obligations under the Agreement or will be able to fulfil them at the time the force majeure occurs and the part that has been or will be fulfilled has independent value, Amsterdam Desk Company is entitled to invoice the part that has already been or will be fulfilled separately. The Tenant is obliged to pay this invoice as if it were a separate Agreement.

Article 24 – Complaints

1. If the Renter is not satisfied with the Rented and/or has complaints about the (execution of the) Agreement of Amsterdam Desk Company, the Renter is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via info@amsterdamdeskcompany.nl with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Renter if Amsterdam Desk Company is to be able to deal with the complaint.
3. Amsterdam Desk Company will respond to the content of the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.

Article 25 – Applicable law

1. Each Agreement between Amsterdam Desk Company and the Renter is governed by Dutch law.
2. Amsterdam Desk Company is entitled to amend these general terms and conditions and will inform the Renter of this.
3. In the event of translations of these general terms and conditions, the Dutch version will prevail.
4. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text will always prevail. Amsterdam Desk Company is entitled to amend these general terms and conditions unilaterally.
5. All disputes arising from or as a result of the Agreement between Amsterdam Desk Company and the Renter will be settled by the competent court of the District Court of Amsterdam unless provisions of mandatory law lead to the jurisdiction of another court.