policies
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Welcome to newcouncil!
newcouncil is owned and operated by Works Council Strategy Consulting.
This cookie policy explains how and why cookies and other similar technologies may be stored on and accessed from your device when you use or visit:
● https://www.newcouncil.nl
The information collected through cookies will be under responsibility and in charge of:
● Works Council Strategy Consulting.
● info@newcouncil.nl
This cookie policy should be read together with our privacy policy and our terms and conditions.
By using the website, you accept the use of cookies by newcouncil, in the terms contained in this
policy.
1. WHAT ARE COOKIES?
1.1. Cookies are small text files that are stored on your computer or mobile device when you visit a website. They allow the website to recognize your device and remember if you have been to the website before. Cookies are a very common web technology; most websites use cookies and have done so for years. Cookies are widely used to make the website work more efficiently. Cookies are used to measure which parts of the website users visit and to personalize their experience. Cookies also provide information that helps us monitor and improve the performance of the website.
2. CONSENT
2.1. When you access our website, you will be presented with a notice about the use of cookies. By clicking 'Accept' on this notice, you provide your explicit consent to the use of cookies on your device. These cookies are used to enhance your browsing experience, personalize content, analyze our site traffic and provide specific functionality related to our online operations.
2.2. Your consent allows us to provide you with a more personalized and efficient user experience.
If you wish to withdraw your consent at any time, you may do so by changing the cookie settings in your browser. However, please note that disabling certain cookies may limit the functionality of the site and affect your user experience.
3. LEGAL BASIS AND LEGITIMATE INTERESTS
3.1. On our website, we use cookies based on our legitimate interests to ensure the best user experience and to continuously improve our website. These interests include optimizing our online offering, personalizing content and advertising, as well as ensuring the security and efficiency of our website.
3.2. Cookies help us understand how users interact with our website, which allows us to adjust and improve our services and functionalities according to their needs and preferences.
3.3. While we believe that these interests do not outweigh your fundamental rights and freedoms, you have the option to refuse or manage the use of cookies through your browser settings or the tools we provide on our website.
4. WITHDRAWAL AND OBJECTION (OPT-OUT)
4.1. By accessing our website, you agree to the use of cookies that enhance the browsing experience and allow the personalization of content and advertisements. However, we understand and respect your right to privacy. If you wish to opt-out or exercise your choice to not participate (Opt-Out), you can set your browser to refuse all cookies or to indicate when a cookie is being sent.
4.2. Please note that some features of the site may not function properly without the use of cookies. In addition, we provide links or tools on our site that allow you to specifically decline the use of certain cookies.
5. STORAGE DURATION OF COOKIES
5.1. The cookies used on our website have different storage periods, depending on their purpose.
Essential cookies, necessary for the basic operation of the website, are kept as long as necessary to provide the requested services.
5.2. Functionality cookies, which remember your preferences and settings, are stored for a period that can vary from the duration of your visit (session cookies) to several years, to ensure a constant user experience. Analytics and advertising cookies have a maximum storage duration of 24 months, after which they will be automatically deleted.
5.3. You can delete or manage these cookies at any time through your browser settings. Deleting or rejecting cookies may affect the functionality of the site and the quality of your experience on our website.
6. COOKIE SETTINGS
6.1. If you do not want cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject the setting of all or some cookies and to alert you when a cookie is placed on your device. For further information about how to do so, please refer to your browser ‘help’, ‘tool’, or ‘edit’ section. Please note that if you use your browser settings to block all cookies, including strictly necessary cookies, you may not be able to access or use all or parts of the functionalities of newcouncil.
6.2. If you want to remove previously-stored cookies, you can manually delete the cookies at any time. However, this will not prevent newcouncil from placing further cookies on your device unless and until you adjust your Internet browser setting as described above.
We provide the links for the management and blocking of cookies depending on the browser you use:
● Microsoft Edge: https://support.microsoft.com/en-us/office/delete-cookies-in-microsoft-edge-63947406-4 0ac-c3b8-57b9-2a946a29ae09?ui=en-us&rs=en-us&ad=us
● Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
● Chrome: https://support.google.com/chrome/answer/95647?hl=en
● Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
● Opera: https://help.opera.com/en/latest/web-preferences/
In cases where you access the website through an iOS or Android mobile device, please follow the instructions below to delete or block cookies on your device:
● Android: https://support.google.com/answer/32050
● iOS: https://support.apple.com/en-us/HT201265
7. FIRST-PARTY COOKIES
7.1. We use cookies to enhance the performance of our website and personalize your online experience. Cookies help us to collect information on how people use our website and which pages they visit. They enable us to monitor the number of visitors and to analyze website usage patterns and trends. We collect this information anonymously, so it does not identify anyone as an individual and no personal information is stored in our cookies. We always use cookie data in a responsible way.
8. THIRD-PARTY COOKIES
8.1. Third-party cookies may come from partners or third-party companies that provide functional web services or tools for our website and the optimal functioning and operation of our services.
We use third party cookies responsibly and for the sole purpose of providing optimal functioning of the platform and services. You may opt out of these cookies by following the cookie removal information contained in this document or the technical information of the browser from which you access our website and services.
9. PURPOSES OF OUR COOKIES
9.1. Our cookies are used for the following purposes:
Necessary: Necessary cookies are essential files that enable basic functions on the website, such as navigation and security. They do not collect personal information.
Functional: We use functional cookies to enhance your online experience by remembering user preferences and settings and maintaining consistency across the website, without tracking activities.
Analytics and Performance: These cookies collect information about how users interact with our website, including the most visited pages, as well as other analytical data. We use this data to improve how our website works and to understand how users interact with the website.
10. CONTACT US
10.1. If you have questions or concerns about this cookie policy and the handling and security of your data, please contact us using the contact information below:
Works Council Strategy Consulting.
info@newcouncil.nl
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Welcome to newcouncil!
newcouncil is owned and operated by Works Council Strategy Consulting.
newcouncil values your privacy and the protection of your personal data. This privacy policy describes what information we collect from you, how we collect it, how we use it, how we obtain your consent, how long we keep it in our databases and, if necessary, with whom we share it.
By using the website and services, you are accepting the practices described in this privacy policy.
Your use of the website is also subject to our terms and conditions. In this privacy policy, the words "website", refer to newcouncil’ website, "we", "us", "our", and "newcouncil", refer to newcouncil, and "you", and "user", refer to you, the user or client of newcouncil.
This privacy policy may change from time to time. Your continued use of the website and services after we make changes to this privacy policy will be deemed acceptance of those changes, so please check this policy periodically for updates. This privacy policy has been developed and is maintained in accordance with all applicable national and international privacy and data protection laws and regulations and specifically the General Data Protection Regulation (GDPR - European regulations).
1. GENERAL INFORMATION
1.1. The personal data of users that are collected and processed through:
Will be under the responsibility and in charge of:
● Works Council Strategy Consulting.
● Stephanie Felten: info@newcouncil.nl
2. HOW WE OBTAIN YOUR CONSENT
2.1. By visiting the website, requesting a quote, contracting or purchasing our services, subscribing to our newsletter, contacting us through our contact information or contact forms, and providing us with personal information to contact you, you consent to our collection, storage and use of your information on the terms set forth in this privacy policy. You may withdraw your consent at any time by sending us your request through our contact information.
3. TYPES OF INFORMATION COLLECTED
3.1. The information we collect from our users helps us to continually improve the user experience on the website and provide our services appropriately. These are the types of information we collect:
3.2. Information you provide to us. You provide information when you visit the website, request a quote, contract or purchase our services, subscribe to our newsletter, contact us through our contact information or contact forms, and provide us with personal information to contact you. As a result of those actions, you may provide us with the following information:
● First and last name
● E-mail address
● Phone number
● Any additional information related to you that you provide to us directly or indirectly through our website.
newcouncil will not collect any personally identifiable information about you unless you provide it voluntarily.
3.3. Usage Data: As you browse our website, certain usage data is automatically collected. These include technical information such as the IP address of your device, the type and version of your browser, the specific pages you visit on our website, the date and time of your access, the amount of time you spend on those pages, and other diagnostically relevant data.
In the case of access via mobile devices, we also collect information specific to these devices. This may include, but is not limited to, the type of mobile device used, its unique identifier, the IP address of the device, the mobile operating system and the type of mobile browser, along with other identifiers and diagnostic data.
In addition, we collect information that your browser automatically provides each time you visit our website or access our website using a mobile device.
3.4. Client Content: newcouncil may process and store any content provided by the Client during the provision of the services. This content will be used exclusively to comply with the terms of the Agreement and to improve the quality of the services offered. newcouncil undertakes to handle and protect this content in accordance with its privacy policy and applicable data protection laws.
3.5. Social Media: On our website, we provide you with a variety of links and tools that allow you to interact with various social networks. You are welcome to use these functions to share your information as you wish. However, we strongly recommend that you review the privacy and data protection policies of each of the social networks you use through our website to understand how they handle your personal information.
● Facebook: https://www.facebook.com/privacy/explanation
● Instagram: http://instagram.com/about/legal/privacy/
3.6. Contact information: We may access some personal information about the user, such as name and email address, when the user or any third party communicates with us through our contact information. Personal information provided through our contact information is not stored on any newcouncil server and will be stored on the respective server of our email service.
4. HOW LONG WE KEEP YOUR DATA
4.1. Personal data provided by our users and Clients through our website will be retained for as long as necessary to fulfill the legitimate purposes described in this policy in section 5 or until the user unsubscribes from our newsletter or requests deletion of their data. newcouncil may retain personal data for a longer period provided that the user has consented to such processing, as long as such consent is not withdrawn. In addition, newcouncil may be obliged to retain personal data for a longer period provided that this is required for compliance with a legal obligation or by order of an authority. Once the retention period has expired, the personal data will be deleted.
Therefore, the right of access, the right of deletion, the right of rectification and the right to data portability cannot be asserted after the retention period has expired.
5. HOW WE USE YOUR INFORMATION (LEGITIMATE PURPOSES)
5.1. In general, we use the data we collect primarily to provide, maintain, protect and improve our website and to provide our services properly. We use the data collected through our website as described below:
● Provide the services described on the website.
● Understand and improve your experience using our website and services.
● Provide quotes requested by Clients.
● Respond to your comments or questions through our contact information.
● Send you related information, including confirmations, invoices, technical notices, updates,
security alerts, and support and administrative messages.
● Send you relevant information about our website and services.
● Marketing purposes of newcouncil.
● Link or combine your information with other data we obtain from third parties to help us understand your needs and provide you with better service.
● Process and respond to requests related to users' privacy rights.
● Protect, investigate and deter fraudulent, unauthorized or illegal activities.
6. HOW WE SHARE INFORMATION
6.1. Information about our clients is an important part of our business, and we are not in the business of selling it to others. We share client information only as described below.
6.2. Third-Party Service Providers. We use third-party services to perform certain functions on our website. Some of these functions and services include, website hosting, email delivery and data analysis.
These third-party services and tools may have access to personal information needed to perform their functions, but may not use that information for other purposes. Information shared with these third-party services will be treated and stored in accordance with their respective privacy policies and our privacy policy.
6.3. E-mail communications. By providing us with your email address, you consent and agree that we may send relevant content, notifications and information to your email address. Therefore, your email address may be shared with third party bulk email services for the sole and exclusive purpose of sending you relevant communications. If you wish to stop receiving communications from newcouncil, you may unsubscribe at any time by using the "unsubscribe" option available in the same emails or by sending your request through our contact information.
6.4. Partners and Consultants: Client information may be shared with partners or consultants who provide services or functions on newcouncil's behalf. These third parties are obligated to use the information only for the specific purposes for which it was shared and to protect the confidentiality and security of Client information in accordance with our privacy policy and applicable laws.
6.5. Business Transfers. In the event newcouncil creates, merges with, or is acquired by another entity, your information will likely be transferred. newcouncil will send you an email or post a prominent notice on our website before your information becomes subject to another privacy policy.
6.6. Protection of newcouncil and Others. We release personal information when we believe release is appropriate to comply with the law, enforce or apply our terms and conditions and other agreements, or protect the rights, property, or safety of newcouncil, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
6.7. Anonymous Information. newcouncil uses anonymous browsing information collected automatically by our servers primarily to help us administer and improve the website. We may also use aggregated anonymous information to provide information about the website to potential business partners and other unaffiliated entities. This information is not personally identifiable.
7. DATA BREACH NOTIFICATIONS
7.1. In the event of a security breach that compromises the confidentiality of the personal data of our users, newcouncil undertakes to notify those affected in a timely manner. This notification will be made through the means of contact that have been provided by the user on our website. We will take all reasonable measures to protect the information and remedy any situation that compromises the security of your data.
8. INTERNATIONAL DATA TRANSFER
8.1. By using our website, you agree that your personal data may be transferred and processed outside the European Economic Area, where data protection laws may differ. newcouncil is committed to taking the necessary steps to ensure that your data is treated in accordance with applicable privacy protection rules and is adequately protected during any international transfer.
9. PROTECTION OF YOUR INFORMATION
9.1. We grant access to your personal information only to those outside persons or services that have a legitimate need to know it and in accordance with our privacy policy. We adhere to industry-recognized security standards to protect your personal information, both during transmission and in storage. However, it is important to note that no method of transmission over the Internet or electronic storage is foolproof and 100% secure. Therefore, while we at newcouncil strive to implement commercially viable data protection methods, we cannot ensure absolute security of your personal information. We undertake not to sell, distribute or transfer your personal data to unauthorized third parties, unless we have your explicit consent or are required by law to do so.
10. RIGHTS
10.1. Users who provide information through our website, as data subjects, have the right to access, rectify, download or delete their information, as well as to restrict and oppose certain processing of their information. While some of these rights apply generally, others only apply in certain limited circumstances. These rights are described below:
● Access and portability: to access and know what information is stored on our servers, you can send us your request through our contact information.
● Rectification, restriction, limitation and deletion: You may also rectify, restrict, limit or delete much of your information.
● Right to be informed: Users of our website will be informed, upon request, about what data we collect, how it is used, how long it is kept and whether it is shared with third parties.
● Object: Where we process your data based on our legitimate interests, as explained above, or in the public interest, you may object to this processing in certain circumstances. In such cases, we will stop processing your information unless we have legitimate grounds to continue processing it or where necessary for legal reasons.
● Withdraw consent: Where you have previously given your consent, for example to allow us to process and store your personal information, you have the right to withdraw your consent to the processing and storage of your information at any time. For example, you can withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn your consent if we have a lawful basis for doing so or if your withdrawal of consent was limited to certain processing activities.
● Complaint: If you wish to lodge a complaint about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority. Users may exercise all of these rights by contacting us via the contact information or contact page.
● Rights related to automated decision-making, including profiling: Users may request that we provide them with a copy of the automated processing activities we conduct if they believe that data is being unlawfully processed.
10.2. Users or holders of personal data provided through the website may exercise these rights over their personal data at any time and without limitation by sending their request through our contact information. The request to exercise your rights will be attended and answered within a reasonable period of time.
11. PROTECTION OF CHILDREN'S ONLINE PRIVACY
11.1. We comply with the requirements of national and international data protection regulations regarding the protection of personal data of minors. We do not collect any information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information, we will take steps to delete such information.
12. THIRD PARTIES
12.1. Except as expressly included in this privacy policy, this document only addresses the use and disclosure of information that newcouncil collects from you. If you disclose your information to third parties, different rules may apply to their use or disclosure of the information you disclose to them. newcouncil does not control the privacy policies of third parties, and you are subject to the privacy policies of such third parties where applicable. newcouncil is not responsible for the privacy or security practices of third parties, including those linked to or from the website. Please refer to the privacy policies of any third-party websites or services you access through the website.
13. CHANGES TO PRIVACY POLICY
13.1. We reserve the right to change our privacy policy at any time. Changes will be promptly notified to our users or clients and posted on the website. Your continued use of our website following such changes will signify your acceptance of the changes.
14. CONTACT INFORMATION
14.1. If you have questions or concerns about this privacy policy and the treatment and security of your data, please contact us using the contact information below:
Works Council Strategy Consulting.
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Welcome to newcouncil!
newcouncil is owned and operated by Works Council Strategy Consulting.
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by newcouncil.
This includes any version of newcouncil accessible via desktop, mobile, tablet, social media or other devices. By using the website and services, you agree to be bound by these terms and conditions and our privacy policy.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM newcouncil.
1. DEFINITIONS
In these terms and conditions, the terms used are defined below, unless otherwise stated:
Agreement: Refers to the agreement to provide services in connection with the provision of Services, whether to individual participants or groups of the Client, in the broadest sense of the word. This includes any agreed order confirmations, quotations and similar documents, including orders placed electronically.
Client: Refers to the natural person (consumer), natural person acting in the exercise of his business or professional activity, and/or legal entity that has engaged newcouncil for the provision of Services.
Conditions: Refers to these general terms and conditions of newcouncil.
newcouncil: Refers to the private company operating under the name newcouncil, registered in the Chamber of Commerce with the number 92936202, as well as the private company operating under the name Works Council Strategy Consulting, registered in the Chamber of Commerce with the same number. Both are registered at Ben van Meerendonkstraat 86, 1087 LE, Amsterdam, and use these general terms and conditions.
Course: any training program, educational session or any other mode of education, whether face-to-face or online, provided or organized by newcouncil, including components of such programs.
Data Leak: Any security incident that results in the destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed.
Data Subject: The identified or identifiable natural person to whom the Personal Data processed relates.
Participant: The natural person who participates in courses, workshops, informative sessions and other educational activities of newcouncil. The Participant may be the Client itself or someone acting on behalf of the Client.
Party: Refers to newcouncil or the Client.
Personal Data: Any information relating to an identified or identifiable natural person.
Processing: Any operation or set of operations performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or modification, consultation, use, disclosure by stream, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Budget: The offer submitted by newcouncil for the conclusion of an agreement.
Rate: The cost per unit of time worked by newcouncil, or the cost of a specific Course or Service.
Services: Refers to activities performed by newcouncil under the instructions of the Client, including consulting, coaching, delivery of training courses, delivery of educational materials, organization of workshops, conferences and similar services.
Supervisory Authority: The independent public authority responsible for supervising compliance with the law in relation to the Processing of Personal Data. In the Netherlands, this is the Dutch Personal Data Authority.
Website: Refers to the newcouncil website (www.newcouncil.nl).
2. APPLICABILITY OF THE GENERAL CONDITIONS
2.1. These General Conditions are applicable to all activities, written and/or verbal offers, quotations, orders and Agreements between newcouncil and the Customer, whereby newcouncil provides services or performs activities for the benefit of the Customer. This includes even those services or activities that are not specifically described in these General Terms and Conditions, as well as any activities derived therefrom.
2.2. The enforceability of any terms and conditions of the Customer is explicitly rejected. If the Client rejects these Conditions by submitting in writing its own general conditions, only those clauses of the Client's conditions that do not conflict with these Conditions shall be applicable.
In case of doubt as to the existence of a conflict, these Conditions shall prevail.
2.3. Any deviation from these Conditions shall only be binding if agreed by the parties in writing. If these Conditions and the written order confirmation contain conflicting terms, the terms contained in the order confirmation shall prevail.
2.4. If one or more provisions of these Conditions shall be deemed invalid or void at any time, the remaining provisions shall remain in full force and effect. In this event, newcouncil and the Customer shall consult to agree on new provisions to replace the invalid or void provisions, taking into account as far as possible the purpose and intent of the original provisions.
2.5. newcouncil reserves the right to modify or supplement these Conditions. The modifications shall be effective also for Agreements already formed, observing a period of thirty (30) days after the modification has been posted on the Website and notified to the Customer by mail or e-mail.
2.6. If Customer does not agree to a modification that is unfavorable to Customer, Customer must notify newcouncil in writing prior to the effective date of the new Terms. newcouncil may choose to withdraw the modification so that it has no effect against the Customer. If newcouncil chooses not to withdraw the modification, the Customer shall be entitled to terminate the Agreement as of the effective date of the modification or on the date of receipt of the notice of termination, whichever is later.
2.7. In the event of ambiguity in the interpretation of one or more provisions of these Conditions, the interpretation shall be in accordance with the spirit of these Conditions. The applicability of these Conditions shall not be affected by the fact that newcouncil engages third parties for the performance of its activities or services.
3. NOTIFICATIONS AND NEWSLETTER
3.1. By providing newcouncil with your e-mail address, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.
4. SERVICES
4.1. newcouncil is dedicated to offering a wide range of services designed to enhance the professional and organizational development of its clients. These services include, but are not limited to, customized training, workshops, seminars, panel assistance, coaching, process development, interactive training and consulting. newcouncil is committed to conducting all of its activities with the highest level of professionalism and diligence, ensuring that the services provided meet the highest standards of quality and effectiveness.
4.2. Customized Training and Workshops: newcouncil develops and offers training programs and workshops tailored to the specific needs of each client. These programs can be face-to-face or online and are designed to provide practical skills and theoretical knowledge to drive professional growth.
4.3. Seminars and Panel Attendance: newcouncil organizes seminars and participates in panels, providing a platform for the exchange of knowledge and experience. These events are oriented to offer innovative perspectives and effective strategies to face business challenges.
4.4. Coaching and Process Development: Through coaching sessions and process development programs, newcouncil helps individuals and organizations identify their strengths and areas for improvement, facilitating sustained growth and the achievement of their goals.
4.5. Interactive Training and Consulting: newcouncil provides interactive training that encourages active participation and hands-on learning. In addition, it provides consulting services to assist its clients in implementing effective strategies and solutions that optimize their operations and results.
4.6. Adaptability and Flexibility: newcouncil adapts to the changing needs of its clients, offering flexible and customized solutions. The company is committed to working closely with clients to ensure that the services provided are aligned with their objectives and expectations.
5. OFFERS, QUOTES AND PROPOSALS
5.1. All offers, quotes and proposals issued by newcouncil are considered non-binding and do not constitute a contractual obligation for newcouncil until accepted in writing by both parties.
5.2. Any offer, quote or proposal made by newcouncil shall be valid for thirty (30) calendar days from the date of issuance, unless a different period is explicitly specified in writing.
5.3. newcouncil's quotes and offers are based on the information and details provided by the Client. It is the Client's responsibility to ensure that such information is accurate and complete.
In the event that the details provided are incorrect or incomplete, newcouncil reserves the right to adjust quotes and offers accordingly, without this giving rise to any rights or claims in favor of the Client.
5.4. newcouncil shall not be liable for any quotation or offer containing obvious errors or mistakes that the Client can reasonably identify. In the event that an obvious error is detected, newcouncil reserves the right to rectify it without any liability whatsoever.
5.5. Any change in the scope of Services requested by the Client after acceptance of a quote or offer may result in an adjustment to the originally estimated price and/or delivery time. Such adjustments will be communicated in writing to the Client and must be accepted by both parties prior to implementation of the changes.
5.6. Acceptance of any offer, quotation or proposal by the Client must be in writing. Any verbal acceptance must be confirmed in writing to be considered valid.
5.7. All quotes, offers and proposals from newcouncil are confidential and are intended solely for the use of the Client to whom they are addressed. The Client undertakes not to disclose these documents to third parties without the prior written consent of newcouncil.
5.8. The documents, ideas and proposals contained in newcouncil's offers, quotes and proposals are the intellectual property of newcouncil and may not be used by the Client for purposes other than those provided for in the Agreement, without the express authorization of newcouncil.
5.9. In the event that specific additional conditions apply to a particular offer or quote, these shall be detailed in the corresponding document. Such conditions shall prevail over these conditions in the event of any discrepancy.
5.10. newcouncil reserves the right to withdraw any offer, quote or proposal prior to its acceptance by the Client, without incurring any liability whatsoever.
6. CONSTITUTION OF THE AGREEMENT
6.1. The agreement between the Client and newcouncil is formed through various actions and processes, ensuring clarity and agreement between both parties. The ways in which this agreement can be formalized include, but are not limited to:
● Formal Confirmation: Sending an official confirmation via means such as postal mail, email, website or digital message, demonstrating acceptance of the terms by both parties.
● Signed Order Confirmation: Return of an order confirmation signed by both newcouncil and the Client. In case the Client sends a purchase order, this will also be considered as acceptance of the order, thus establishing the agreement.
● Unilateral Written Confirmation: Verbal or written confirmation of an order by Client, followed by a unilateral written confirmation by newcouncil. The term "written" includes confirmations made by email or by forms submitted through newcouncil's website.
● Approval of Quotation: Signature and return of a quotation issued by newcouncil by the Client, which implies acceptance of the terms and conditions specified in such quotation.
● Execution of Services: Initiation of the total or partial execution of the assignment by newcouncil at the Client's request. This may include scheduling appointments, providing verbal or written advice, or performing any other agreed upon services.
6.2. newcouncil reserves the right to refuse or terminate any assignment if it considers that its performance would contravene its Code of Conduct. This measure is intended to maintain the integrity and ethical standards of the services provided.
6.3. In cases where assignments involve financing agreements, newcouncil undertakes to strictly follow additional guidelines established by the Client, thus ensuring transparency and compliance with specific financial requirements.
6.4. The Client must confirm the agreed service dates at least four (4) weeks in advance. Failure to provide such confirmation or confirmation outside the established deadline may result in delays, additional costs or even the impossibility of delivering the materials or services on the specified dates.
6.5. Any modifications to the terms of the agreement, including changes in delivery dates or the nature of the services requested, must be communicated and approved in writing between both parties. newcouncil will not be responsible for alterations in terms or costs that have not been previously agreed upon and documented.
7. SUSPENSION AND TERMINATION OF THE AGREEMENT
7.1. The Agreement between the Client and newcouncil is established for a specific duration, unless explicitly stated otherwise in the Agreement itself. Premature termination of the Agreement is not possible unless the specific termination conditions detailed below are met.
7.2. The Client and newcouncil have the right, in addition to any other rights to which they are entitled, to terminate the Agreement immediately and without prior notice of default or judicial intervention, by an extrajudicial written declaration, without any obligation to pay compensation to the other party, if:
● The Client or newcouncil is granted a (provisional) moratorium, the Client or newcouncil declares bankruptcy or offers its creditors a (private) arrangement or convenes a meeting of creditors.
● The business activities of the Client or newcouncil are liquidated, significantly interrupted or moved out of the home jurisdiction.
● A substantial part of the Client's or newcouncil's assets are seized.
● The Client or newcouncil transfers its business operations to a third party without the prior written consent of the other party.
7.3. newcouncil has the right to suspend the performance of its obligations or dissolve the Agreement if:
● The Client breaches or does not fully perform its obligations under the Agreement.
● newcouncil has reasonable grounds to believe that the Client will not perform its obligations.
● The Client fails to provide adequate security for the performance of its obligations when requested to do so.
● Significant delay on the part of the Client prevents newcouncil from performing the Agreement on the terms originally set forth.
In addition, newcouncil may withhold the return of any documents, records or other material belonging to Client until all outstanding claims are satisfied in full. This withholding includes, but is not limited to, documents and materials generated in the course of providing services.
7.4. If the Agreement is dissolved, all claims of newcouncil to Client shall immediately become due and payable. The suspension of obligations by newcouncil does not affect its rights under the law and the Agreement.
7.5. Importantly, newcouncil shall not be liable for any consequences arising from premature termination under this clause. This includes any kind of loss, expense or damage that the Client may suffer due to the early termination of the Agreement.
7.6. The takeover, merger, acquisition, dissociation or privatization of the Client shall not be considered a valid cause for premature termination of the Agreement. Any change in the structure or ownership of the Client must be notified immediately to newcouncil and shall not affect the validity of the Agreement.
7.7. Any communication regarding suspension or termination of the Agreement must be in writing to ensure clarity and mutual understanding of the reasons and consequences of such actions. This formality is crucial to maintain transparency and respect between the parties involved.
8. PERFORMANCE AND OBLIGATIONS
8.1. newcouncil is responsible for deciding the methodology and human resources necessary for the execution of the Agreement, always seeking maximum efficiency and quality of service.
While specific instructions from the Client will be considered within a reasonable framework, the final execution of the agreement will be determined by newcouncil. It is essential that the Client provides all necessary references and data, such as order numbers and cost items, prior to execution to ensure proper administration and follow-up.
8.2. In performing its obligations, newcouncil undertakes to act professionally, using its best efforts and knowledge to meet the expected standards. However, it is important to recognize that newcouncil does not guarantee specific results, due to the inherently variable nature of the services provided. Close collaboration between the Client and newcouncil is essential; both parties must be willing to cooperate fully to facilitate the success of the project.
8.3. newcouncil reserves the right to subcontract or delegate portions of the work to third parties without obtaining the prior consent of the Client, if it deems this to be in the best interest of the project. However, newcouncil undertakes to keep the Client informed of the progress of the work by providing regular and detailed reports on the methods used and the basis for its decisions and actions.
8.4. The deadlines set forth in the Agreement are approximate and do not constitute peremptory terms. A delay in meeting these deadlines shall not be considered a breach of the Agreement by newcouncil and shall not result in automatic dissolution of the contract. In case of delay, the Client may set a new reasonable deadline for the completion of the tasks, always considering possible unforeseen circumstances that may affect the schedule.
8.5. For the provision of courses and training, newcouncil undertakes to respect the agreed dates and locations provided that these have been notified to the Client at least six weeks in advance. Any subsequent changes must be agreed upon by both parties.
8.6. With regard to research projects, the following additional conditions apply:
● Research budgets form an integral part of the project and any changes to its scope, methodology, project phases, analysis or reporting, agreed with the Client, may result in a cost adjustment.
● If circumstances arise during the research that require adjustments to the project configuration to maintain quality, newcouncil shall have the right to make these changes and charge any additional costs to the Client.
● newcouncil may provide time estimates for the execution of a project, but these shall not be considered strict deadlines unless explicitly agreed.
● Research agreements are established for a minimum period and/or a minimum number of repeated measurements, and cannot be terminated prematurely unless otherwise agreed. If no specific period is established, a maximum of 24 months will apply to initiate at least one repeat measurement.
● Billing for outstanding repeat measurements will be based on the date of the last completed measurement, thus initiating a new measurement period.
9. CODE OF CONDUCT
9.1. In the execution of the Agreement between newcouncil and the Client, it is essential to maintain a high standard of ethics and professionalism. Both parties are committed to protect the confidentiality of information and to exercise due diligence to ensure that sensitive data is handled appropriately. This Code of Conduct sets out the specific rules and obligations that must be followed to ensure effective and secure collaboration.
9.2. Use and Protection of Confidential Information: newcouncil and the Client agree to adhere to a high standard of ethical and professional conduct in the handling of all information provided or obtained during the performance of the Agreement. Information that is of a confidential nature, or that reasonably should be understood to be confidential, shall be used exclusively within the scope of the performance of the Agreement and shall not be disclosed to third parties without the prior written consent of the party owning such information.
Both parties shall ensure that the information is handled with due diligence, implementing all necessary measures to protect the confidentiality and integrity of the data. This responsibility includes, but is not limited to, the use of secure storage systems, control of access to information, and appropriate training of personnel on the importance of confidentiality.
9.3. Retention of Documentation: newcouncil will maintain all documentation related to executed Agreements for a period of five (5) years after termination of the Agreement. This documentation will be retained in order to allow for future accountability and reference if necessary. During this period, newcouncil will ensure that these documents are not used for any purpose unrelated to the purposes of the Agreement, unless explicit consent is obtained from the Client.
9.4. Security Measures: To ensure confidentiality, newcouncil will implement strict internal policies and procedures governing access to and use of stored information. This includes appropriate technical and organizational measures to protect against unauthorized access, loss, alteration or disclosure of confidential information.
9.5. Consequences of Non-Compliance: Failure to comply with these standards of conduct may result in immediate termination of the Agreement and may result in legal action as permitted by applicable law. Both newcouncil and Client understand that confidentiality and integrity of information are fundamental to the relationship of trust between the parties and are committed to upholding these principles in all their interactions and activities.
9.6. Transparency and Communication: newcouncil is also committed to providing regular reports to the Client on the status and progress of the Agreement, ensuring that all relevant information is communicated in a timely and accurate manner. This transparency is crucial to maintaining effective collaboration and an ongoing relationship of trust.
9.7. Access to Information by Third Parties: Finally, any request for access to confidential information by third parties will be carefully evaluated and will only be permitted with the explicit written approval of the party that owns the information. This process ensures that confidentiality is maintained at all times and that the interests of both parties are protected.
10. PRICING, BILLING AND PAYMENT TERMS
10.1. newcouncil will set the fees as detailed in the order confirmation and/or the Agreement. newcouncil's fees do not depend on the outcome of the activities performed or the Services rendered. These fees may be pre-established in the Agreement or calculated on the basis of rates per unit of time worked. In either case, the fees will be increased by travel, lodging or other expenses incurred in connection with the Agreement, as well as related disbursements.
10.2. If a fixed amount is agreed for the Agreement, newcouncil shall be entitled to charge, in addition to this amount, an additional fee for each unit of time worked, in case the activities exceed those provided for in the Agreement. These additional fees shall also be payable by the Client.
10.3. newcouncil reserves the right to adjust annually, as of January 1, the fee for all agreements according to the consumer price index. Fees do not include Value Added Tax (VAT) or other taxes or levies that the authorities may impose, unless otherwise stated.
10.4. newcouncil has the discretion to issue the invoice for a custom assignment immediately upon receipt of the assignment or enrollment in an open enrollment course. This also applies if the Client has not provided newcouncil with the necessary order references, such as order numbers or cost elements.
10.5. For orders based on a subsequent calculation, such as consulting or coaching, invoicing will be done on a monthly basis in arrears. newcouncil reserves the right to demand an advance payment and to proceed with the execution of the Agreement only after payment.
10.6. Payment shall be due within 30 (thirty) days from the date of invoice. In case of specific orders for activities occurring within thirty days ("last minute booking"), payment shall be due prior to the commencement of such activities. Failure to deliver order references required by the Client, such as order numbers or cost items, shall not be grounds for deferring payment.
10.7. Any objections to invoices, specifications, descriptions and prices must be notified in writing to newcouncil within 8 (eight) days from the date of invoice or shipment. Invoices, specifications, descriptions and prices shall be deemed confirmed between newcouncil and Client. Any objection raised within the time limit shall not suspend Client's payment obligation.
10.8. If the Client fails to make payment by the due date, statutory interest shall be charged, unless otherwise agreed in writing. In addition, if the Client defaults on its payment obligations, all reasonable costs of extrajudicial recovery shall be borne by the Client. The amount of extrajudicial costs shall be determined in accordance with the Extrajudicial Recovery Costs Reimbursement Decree (Wet Incassokosten).
10.9. If the Client fails to meet its payment obligations in accordance with this clause, newcouncil shall be immediately entitled to suspend or terminate its activities for the relevant assignment(s). newcouncil expressly excludes the Client's right to suspension and/or compensation, especially if the Client is a consumer.
11. CANCELLATIONS
11.1. In the event that Client wishes to cancel an assignment, including its premature termination, Client must notify newcouncil in writing. The notice must include a detailed explanation of the reasons for the cancellation. The effective date of the cancellation will be the date indicated on the postmark of the mailing or the date of the email.
11.2. Cancellation Policy for Training Sessions and Related Activities: For customized training sessions, workshops, seminars, panel attendance, coaching, process development, interactive training and any other activities designed to enhance Client development (including open online training sessions), the following cancellation conditions will apply:
11.2.1. Development and Preparation Costs: The Client shall be responsible for all development and preparation costs incurred up to the time of cancellation.
11.2.2. Order Execution Costs:
● Cancellation 3 weeks or less prior to start: 100% of the fee will be charged.
● Cancellation 3 to 4 weeks prior to start: 75% of the fee will be charged.
● Cancellation between 4 and 6 weeks prior to start: 50% of the fee will be charged.
● Cancellation more than 6 weeks in advance: No fee will be charged.
● Immediate rescheduling: If the canceled training session is immediately rescheduled to take place within 3 months of the original start date, 30% of the cancellation fee will be charged.
11.2.3. Accommodation Fees: Any booked accommodation fees charged under the accommodation provider's terms and conditions will also be the responsibility of the Client.
11.3. Counseling and Guidance Cancellation Policy: For counseling and guidance services other than those specified above, the following cancellation conditions apply:
● Costs of Activities Performed: In case of cancellation by the Client, all costs of activities already performed up to the time of cancellation will be charged.
● Compensation for Loss of Occupancy: newcouncil shall be entitled to compensation for any demonstrable loss of occupancy resulting from the cancellation.
11.4. Flexibility and Exceptions: newcouncil may, at its discretion, choose to waive or reduce cancellation fees on a case-by-case basis. This decision will be evaluated on a case-by-case basis, taking into account factors such as the justification for the cancellation and the advance notice given.
11.5. Recommendations and Communications: The Client is encouraged to consider rescheduling services rather than canceling, as this may result in reduced costs and greater flexibility in planning training or counseling. Timely and clear communication is essential to avoid additional costs due to cancellation. Therefore, the Client must act quickly and maintain open communication with newcouncil to minimize any inconvenience and associated costs.
11.6. Notification Procedure: Notice of cancellation must be in writing and may be sent by mail or email. The effective date of cancellation will be the postmark date of the postal mail or the date of the email. It is the Client's responsibility to ensure that notice is given as far in advance as possible to reduce cancellation costs.
11.7. Client's Liability: The Client agrees that any failure to comply with the cancellation conditions may result in the imposition of additional fees. Furthermore, he/she acknowledges that the planning and resources allocated by newcouncil for the execution of the Agreement generate costs that must be compensated in case of premature cancellation.
11.8. Prior and Customized Agreements: Any prior or customized agreement between newcouncil and Client regarding the cancellation policy shall be documented in writing and signed by both parties. This agreement shall prevail over the standard terms and conditions described herein.
12. LIMITATION OF LIABILITY
12.1. Liability for Client Information: If an error occurs in the execution of the Agreement due to incorrect or incomplete information provided by the Client, newcouncil shall not be liable for any resulting damages, except in cases of gross negligence or willful misconduct. The Client is responsible for providing accurate and complete information to avoid errors in the execution of the services.
12.2. Results of Studies and Consultancies: The results of studies performed and advice given by newcouncil are influenced by many external factors beyond its control. Although newcouncil strives to perform its services with the utmost diligence and in accordance with the highest standards, it cannot guarantee specific results due to the variable nature of these factors.
12.3. Limitation of Indemnification: newcouncil shall be liable only for direct damages suffered by the Client as a direct result of an attributable deficiency in the performance of the Agreement. In any event, newcouncil's financial liability shall be limited to the fees received in connection with the Agreement. For Agreements with a duration of more than six (6) months, the additional liability shall be limited to the fees corresponding to the six (6) months prior to the occurrence of the damage. In addition, the total indemnity shall not exceed the amount covered by newcouncil's liability insurance, plus any applicable deductible.
12.4. Evaluation of the Ability to Participate: It is the responsibility of participants in newcouncil activities to assess their own physical ability and condition prior to participation. newcouncil assumes no liability for damages resulting from participation in these activities, either to the Client or to individual participants.
12.5. Definition of Direct Damage: newcouncil's liability is limited to direct damages, which include:
● Reasonable costs incurred to bring newcouncil's performance into compliance with the Agreement.
● Reasonable costs incurred to determine the cause and extent of direct damages.
● Reasonable costs incurred to prevent or limit damages.
12.6. Indirect and Consequential Damages Exclusion: newcouncil shall not be liable for indirect or consequential damages, such as lost profits, business interruption, loss of business relationships, damages for delays, loss of data, damage to goodwill, failure to meet delivery deadlines, and defects found.
12.7. Code of Conduct and Exclusion of Liability: newcouncil shall not be liable for damages that could have been avoided by actions contrary to or inconsistent with its Code of Conduct, except in cases of intent or gross negligence. The Client agrees that any breach of these rules may exempt newcouncil from liability.
12.8. Indemnification for Third Party Claims: The Client shall indemnify newcouncil for any third party claims related to damages, costs, lost profits and other expenses arising from the execution of the assignment. This indemnity covers all claims that may arise due to the provision of services by newcouncil.
12.9. Limitation period: The statute of limitations for all claims and defenses against newcouncil and any third party engaged in the performance of an Agreement is one (1) year.
This period is different from standard statutory limitations periods and applies strictly to all claims related to services rendered.
13. INTELLECTUAL PROPERTY
13.1. All intellectual property rights, including but not limited to copyrights, know-how, database rights and exclusive licenses, relating to all products developed or provided by newcouncil in the performance of the Agreement belong exclusively to newcouncil or its licensors, unless explicitly agreed otherwise in writing. This includes modules, models, techniques, tools, tools, brochures, project material, training materials, software and other intellectual products in the broadest sense.
13.2. Copyrights on reports, advice, proposals and other documents generated by newcouncil's activities are the exclusive property of newcouncil, unless otherwise agreed in writing.
Furthermore, newcouncil reserves the right to use the knowledge acquired during the performance of its activities for other purposes, provided that no confidential information is disclosed to third parties.
13.3. The Client shall only acquire the rights of use and powers expressly assigned in the Agreement or otherwise agreed in writing. This right of use shall not be construed as an explicit or implied license to publish, reproduce, exploit or make available to third parties the intellectual products, including their networking, editing, appearance on multiple screens or disclosure in any other form. Therefore, without the explicit written consent of newcouncil, the Client is prohibited from providing, reproducing, disclosing or exploiting the products mentioned in this clause to third parties, with or without the participation of third parties.
13.4. In case of infringement of newcouncil's intellectual property rights by the Client, the Client shall immediately pay a penalty of 10,000 euros (ten thousand euros) for each infringement, without the need for notice of default. In addition, the Client shall pay newcouncil an additional penalty of €1,000 (one thousand euros) for each subsequent day on which the infringement continues, without prejudice to newcouncil's other rights, including the right to full compensation.
13.5. To ensure compliance with these provisions, Client agrees to implement all necessary measures to protect newcouncil's intellectual property rights, including, but not limited to, access controls, information use policies and appropriate staff training. Any suspicion or evidence of infringement shall be reported immediately to newcouncil for corrective action.
13.6. In the event that the use of any intellectual property needs to be negotiated beyond what was initially agreed upon, both parties agree to engage in good faith negotiations to establish fair and equitable terms and conditions that respect newcouncil's rights while allowing Client to effectively use the products within the scope of the Agreement.
14. COPYRIGHT INFRINGEMENT
14.1. newcouncil will respond to all inquiries, complaints and claims relating to alleged infringement or violation of provisions contained in Dutch and international copyright and intellectual property laws and regulations. newcouncil respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information:
● Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
● A statement that specifically identifies the location of the infringing material, in sufficient detail so that newcouncil can find it on the website.
● Your name, address, telephone number and email address.
● A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
● A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
● An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
15. PERSONAL DATA
15.1. Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.
16. PROHIBITED ACTIVITIES
16.1. The following activities are prohibited:
● Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
● Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
● Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
● Deep-link to any portion of the services for any purpose without our express written permission.
● "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
● Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by newcouncil in connection with the services.
● Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
17. DISCLAIMER OF WARRANTIES
17.1. Due to the nature of the Internet, newcouncil provides and maintains the website on an "as is", "as available" basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.
17.2. Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
17.3. Except as provided above we can give no other warranties, conditions or other terms,
express or implied, statutory or otherwise and all such terms are hereby excluded to the
maximum extent permitted by law.
17.4. You will be responsible for any breach of these terms by you and if you use the website in
breach of these terms you will be liable to and will reimburse newcouncil for any loss or
damage caused as a result.
17.5. newcouncil shall not be liable in any amount for any failure to perform any obligation
under this agreement if such failure is caused by the occurrence of any unforeseen event
beyond its reasonable control, including, without limitation, Internet outages, communications
outages, fire, flood, war or any uncontrollable act of nature.
17.6. These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, newcouncil excludes liability for
any loss or damage of any kind howsoever arising, including without limitation any direct,
indirect or consequential loss whether or not such arises out of any problem you notify to
newcouncil and newcouncil shall have no liability to pay any money by way of compensation,
including without limitation all liability in relation to:
● Any incorrect or inaccurate information on the website.
● The infringement by any person of any Intellectual Property Rights of any third party
caused by their use of the website or service purchased through the website.
● Any loss or damage resulting from your use or the inability to use the website or
resulting from unauthorized access to, or alteration of your transmissions or data in
circumstances which are beyond our control.
● Any loss of profit, wasted expenditure, corruption or destruction of data or any other
loss which does not directly result from something we have done wrong.
● Any amount or kind of loss or damage due to viruses or other malicious software that
may infect a user's computer equipment, software, data or other property caused by
persons accessing or using content from the website or from transmissions via emails
or attachments received from newcouncil.
● All representations, warranties, conditions and other terms which but for this notice
would have effect.
18. ELECTRONIC COMMUNICATIONS
18.1. newcouncil will accept no liability for failed, partial or garbled computer transmissions,
for any breakdown, failure, connection, availability of computer, telephone, cable, network,
electronic or Internet hardware or software, for the acts or omissions of any user or third party,
for the accessibility or availability of the Internet or for traffic congestion or unauthorized
human action, including errors or mistakes.
19. INDEMNIFICATION
19.1. You agree to defend and indemnify newcouncil from and against any claims, causes of
action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any
kind or nature including but not limited to reasonable legal and accounting fees, brought by
third parties as a result of:
● Your breach of this agreement or the documents referenced herein.
● Your violation of any law or the rights of a third party.
● Your use of the website and services.
20. CHANGES AND TERMINATION
20.1. We may modify the website and these terms at any time, at our sole discretion and
without notice. You are responsible for keeping yourself informed of these terms. Your
continued use of the website constitutes your acceptance of any changes to these terms and
any changes will supersede all previous versions of the terms. Unless otherwise specified, all
changes to these terms apply to all users and clients. In addition, we may terminate our
agreement with you under these terms at any time by notifying you in writing (including by
email) or without notice.
21. INTEGRATION CLAUSE
21.1. This agreement together with the privacy policy and any other legal notices published by
newcouncil, shall constitute the entire agreement between you and newcouncil concerning
and governs your use of the website and the services.
22. FORCE MAJEURE
22.1. In the event of a force majeure situation, newcouncil and Client should understand the
implications for the Agreement. Force majeure includes any unforeseen and unavoidable event
beyond newcouncil's control, such as fire, theft, employee illness, pandemics, governmental
action, computer failure and other unforeseen disruptions.
22.2. If a permanent force majeure occurs, newcouncil may dissolve the Agreement by written
declaration, without judicial intervention and without liability for damages to Client. If the
force majeure is temporary, newcouncil may suspend its obligations and extend the terms of
the Agreement. If this situation lasts longer than three months, the Client may request the
partial or total dissolution of the Agreement without any right to compensation.
22.3. If newcouncil has already partially fulfilled its obligations, it may separately invoice these
fulfilled parts. The Client shall pay these invoices as if they were a separate agreement.
22.4. Both parties must immediately notify the other of the force majeure and take reasonable
steps to mitigate its effects and resume performance of the Agreement as soon as possible.
During force majeure, newcouncil shall not be liable for compensation for damages. Any work
already performed and invoiced shall be paid for as agreed.
22.5. In situations where possible, newcouncil will seek alternatives to fulfill its obligations,
such as subcontracting services or rescheduling activities, provided they are feasible and
acceptable to both parties.
23. DISPUTE RESOLUTION
23.1. In the event that a dispute arises between the Client and newcouncil, both parties agree
to act constructively to resolve the dispute amicably and effectively. The dispute resolution
process will take place in several stages to ensure that all avenues of resolution are exhausted
before resorting to legal action.
23.2. Initial Discussions: At the first sign of disagreement, the parties will meet as soon as
possible to discuss the problem. These initial discussions are intended to find a reasonable and
equitable solution that satisfies both parties. Both parties are expected to participate in good
faith, with an open attitude and a willingness to compromise when necessary.
23.3. Mediation Process: If initial discussions fail to resolve the dispute, the parties will agree
to submit the conflict to a mediation process. The mediation will be facilitated by a neutral and
qualified mediator, selected by mutual agreement. The costs of the mediation will be shared
equally between the Client and newcouncil.
During the mediation, the mediator will help the parties communicate more effectively,
identify their underlying interests and explore possible solutions that may not have been
previously considered. Mediation is a confidential process, which means that any information
shared during mediation cannot be used in subsequent court proceedings without the consent
of both parties.
23.4. Escalation to Judicial Proceedings: If mediation does not result in a satisfactory
resolution, the parties may choose to escalate to court proceedings. Prior to initiating any legal
action, the other party must be notified in writing of the intention to proceed to court,
describing the reasons for the dispute and the reasons why mediation was unsuccessful.
24. APPLICABLE LAW AND JURISDICTION
24.1. These terms and conditions shall be governed by and construed in accordance with the
laws of the Netherlands. Any dispute relating to these terms and conditions shall be subject to
the exclusive jurisdiction of the courts of Amsterdam, The Netherlands. This applies unless
binding arbitration is agreed to in the relevant section below.
25. FINAL PROVISIONS
25.1. Your use of our website and services is conditioned upon your acceptance of and
compliance with all of the terms and conditions set forth. This authorization to use our services
does not extend to jurisdictions where these provisions are not respected or applied.
25.2. Our commitment to compliance with these terms is strictly governed by applicable laws
and legal process. Importantly, these terms do not restrict our ability to comply with legal or
governmental requirements, including but not limited to those related to law enforcement and
the use of our website. Information provided or collected in connection with the use of the
website will be subject to these requirements.
25.3. In the event that any provision of these terms and conditions is declared invalid, illegal or
unenforceable by a court or competent authority, such decision shall not affect the validity or
enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and
conditions by us at any time shall not constitute a waiver of our rights to enforce such
provision, or any other provision, in the future.
25.4. We reserve all rights not expressly granted herein, while at all times maintaining the
protection of and respect for our intellectual property rights and prerogatives.
26. CONTACT INFORMATION
26.1. If you have questions or concerns about these terms, please contact us through our
contact forms or by using the contact information below:
newcouncil, a company of Works Council Strategy Consulting