Terms and conditions

Article 1. Definitions and scope

1. Shinesta means Shinesta Schoonmaak, located at Bosch 84, 3331 GC Zwijndrecht, Dutch Chamber of Commerce number 92038557. Client means the business or organisation that asks Shinesta for a quote or gives Shinesta an assignment.
2. These terms apply to all quotes, assignments and contracts of Shinesta. They are intended for business clients and organisations, such as owners' associations and housing associations. They do not apply to consumers.
3. Arrangements in the quote or contract take priority over these terms. Other deviations only apply if they have been recorded in writing. Email counts as writing.
4. The client's own terms only apply if Shinesta has accepted them in writing.
5. If a provision in these terms is invalid, the other provisions continue to apply.

Article 2. Quotes and contract

1. A quote is non-binding and valid for the period stated in the quote.
2. A quote is based on the client's information, such as the type of building, the floor area and the desired frequency. If that information is incorrect or the situation changes, Shinesta may adjust the price and planning after consultation.
3. The contract is formed when the client accepts the quote in writing, or when Shinesta starts the work with the client's agreement.

Article 3. Carrying out the work

1. Shinesta carries out the work with care, according to the agreed tasks, frequency and times.
2. Shinesta decides which staff do the work and may engage others to do so. Shinesta remains responsible for the work.
3. If Shinesta expects not to meet an agreed time, Shinesta reports this as soon as possible and the parties agree on a new time. An agreed time is not a strict deadline.
4. If the client wants to change the work, the parties discuss the consequences for price and planning.

Article 4. What the client arranges

1. The client ensures that Shinesta has access to the location at the agreed times and that the rooms are ready for the work. For handover cleaning, this means that other work in those rooms has been completed.
2. Unless agreed otherwise, the client provides water and electricity free of charge.
3. The client provides a safe workplace and informs Shinesta in advance of the rules at the location and of risks, such as hazardous substances, fragile materials and work at height.
4. If the work cannot be carried out, or not on time, because this has not been arranged, Shinesta may charge the extra costs, such as waiting time or an extra visit.

Article 5. Keys, passes and codes

1. Shinesta handles keys, access passes and alarm codes with care, and only uses them for the work.
2. If any of these are lost, Shinesta reports this to the client immediately.
3. At the end of the contract, Shinesta returns everything.

Article 6. Property clearance

1. The client warrants that it is authorised to have the space cleared and the goods present removed, and indemnifies Shinesta against claims by others to those goods.
2. The client indicates clearly in advance what must stay. Shinesta cannot retrieve what has been removed.
3. The client reports in advance whether hazardous substances are present, such as asbestos or chemicals. If Shinesta finds these, Shinesta may stop the work until the situation is safe. The extra costs of this are for the client.

Article 7. Prices and additional work

1. Prices are in euros and exclude VAT, unless stated otherwise.
2. Work outside the arrangements is additional work. Shinesta discusses this in advance and charges it at the agreed rates or, if there are none, at customary rates.
3. Under an ongoing contract, Shinesta may adjust the prices if costs rise because of factors beyond Shinesta's control, such as a new collective labour agreement or new legislation. Shinesta reports an adjustment in writing in advance and explains it.

Article 8. Invoices and payment

1. Shinesta invoices at the times stated in the quote or contract. If nothing is stated, Shinesta invoices after the work is finished or, for ongoing work, periodically in arrears.
2. The client pays within the period stated in the quote, the contract or on the invoice. If no period has been agreed, the statutory period of 30 days after receipt of the invoice applies.
3. If the client does not pay on time, the client is in default without a reminder and owes the statutory commercial interest. Shinesta may also charge extrajudicial collection costs in accordance with the statutory rules.
4. If payment is still not made after a reminder, Shinesta may suspend the work until payment has been made.
5. If the client objects to an invoice, the client reports this within the payment period. The part that is not in dispute is paid on time.

Article 9. Complaints

1. The client reports complaints about the work as soon as possible after discovering them, with a clear description, so that Shinesta can still assess the situation.
2. If a complaint is justified, Shinesta gets the opportunity to carry out the work properly within a reasonable period.
3. A complaint gives no right to suspend payment for work that the complaint does not concern.

Article 10. Liability

1. Shinesta is liable for direct damage caused by a failure attributable to Shinesta, within the limits of this article.
2. Liability is limited to the amount paid out by Shinesta's liability insurance in that case. If the insurance does not pay out, liability is limited to the amount invoiced for the assignment or, under an ongoing contract, for the invoice period in which the damage arose.
3. Shinesta is not liable for indirect damage, such as consequential damage, lost profit and business interruption.
4. Shinesta is not liable for damage caused by incorrect or incomplete information from the client, or by defects that already existed, such as wear or earlier damage.
5. The client reports damage as soon as possible, so that Shinesta can inspect it before it is repaired.
6. The limits in this article do not apply in the case of intent or conscious recklessness on the part of Shinesta or its management.

Article 11. Force majeure

1. The parties do not have to fulfil an obligation for as long as force majeure prevents this. These are circumstances beyond a party's control, such as extreme weather, a power failure or a closed location.
2. If force majeure lasts longer than can reasonably be expected of the other party, either party may end the contract for the part not yet carried out. Work already carried out is paid for.

Article 12. Term and termination

1. A one-off assignment ends when the work is finished.
2. An ongoing contract has the term and notice period stated in the quote or contract. If these are not stated, the contract runs for an indefinite period and either party may terminate it in writing with reasonable notice.
3. If the client cancels a one-off assignment before the work has started, Shinesta may charge the costs already incurred, including scheduled hours that Shinesta can no longer fill otherwise.
4. Either party may end the contract immediately if the other party, after a written notice with a reasonable period, continues to fall seriously short, goes bankrupt or obtains a suspension of payments.
5. If the client switches to another cleaning company, the rules on contract changes in the collective labour agreement may apply. The client therefore informs Shinesta in good time who is taking over the work.

Article 13. Confidentiality and personal data

1. The parties keep confidential information they receive about each other secret. This also applies to what Shinesta's staff see or hear at the location.
2. How Shinesta handles personal data is set out in the privacy statement.

Article 14. Changes to these terms

1. Shinesta may change these terms. The date of the last change is at the top of the text.
2. For current contracts, changes only take effect after Shinesta has reported them in writing.

Article 15. Applicable law and disputes

1. These terms and all contracts are governed by Dutch law.
2. The parties first try to resolve a dispute together.
3. If that does not work, the Rotterdam District Court has jurisdiction, unless the law designates another court.
4. These terms also exist in Dutch. If the texts differ, the Dutch text prevails.