General Terms and Conditions
- Mohamedajoeb Mediators is formally established in The Hague.
- Mohamedajoeb Mediators, hereinafter referred to as “Mohamedajoeb Mediators”, is registered in the trade register of the Chamber of Commerce in The Hague under number 71785809.
- Mohamedajoeb Mediators performs services aimed at guiding organisations, groups and individuals in the field of conflict mediation.
II. Applicability of conditions.
- These offers of Mohamedajoeb Mediators are based on the pricing and other conditions as mentioned in the offer. Acceptance of the offer shall be effected by its signature for approval by the client(s). By accepting them in this way, a contract is concluded.
- If the mediator accepts an assignment, an agreement of commission is created between the parties, hereinafter called the participants, and a mediator of Mohamedajoeb Mediators. The mediator shall carry out the assignment to the best of his/her ability and with the care that may be expected of him/her, in accordance with the regulations of the Mediators Federation Netherlands. The assignment does not entail an obligation to achieve a certain result, but rather an obligation to perform to the best of one’s ability.
- The liability of the mediator shall be accepted only to the extent that the consequences are covered by the professional liability insurance. Liability is limited to the amount including the excess that qualifies for payment under this insurance in a given case.
- When involving third parties, the mediator shall, as far as possible, consult in advance with the participants for which party the third party is to be used. The mediator is not liable for shortcomings of any kind of these third parties and is entitled, without prior consultation and also on behalf of the participants, to accept any limitation of liability on the part of the third parties he/she engages.
- The mediator is entitled to a fee. The mediator’s fee shall be determined in accordance with the agreement upon acceptance of the assignment, as reflected in the mediation agreement. The mediator reserves the right to adjust agreed hourly rates annually as per 1 January.
- Upon acceptance of the assignment or agreed in the interim, an advance on the fee and/or disbursements due may be fixed, which must be paid by the participants before the mediator starts his/her work. An advance payment is always settled with the final statement.
- Unless otherwise agreed, a monthly fee may be invoiced to the client in the interim. A participant in the mediation shall ensure that the mediator has been informed of the participant’s correct (postal) address.
- Declarations by the mediator shall be due and payable within 14 days after the invoice date. If payment is not made within this period, the participant to whom the invoice has been sent will be in default without any notice of default being required and without any appeal being made to suspension or set-off. In that case, the statutory interest shall also be due on the amount owed.
- In that case, the statutory interest shall also be due on the amount owed. The extrajudicial costs are deemed to amount to at least 5% of the amount to be claimed, with a minimum of EUR 50 per invoice.
- If the bill is not paid on time, the mediator is also entitled to suspend his/her activities, including for other assignments of the participant than those to which the unpaid bill(s) relates. In that case, the mediator shall not be liable for any damage which may arise as a result of suspension of the work.
- The legal relationship between the mediator and the participant(s), as well as third parties using his/her services, is subject to Dutch law. Disputes will be exclusively settled by the competent Dutch court in The Hague.
IV. Depositing conditions
These conditions have not been filed at the Chamber of Commerce in The Hague.