General Conditions

From: Burdock Holding B.V. and all its Subsidiary Companies

Article 1 Definitions

In these Conditions the following terms are used with the following meaning, unless expressly stated

otherwise:

Burdock   : Burdock Holding B.V. or one of its subsidiaries, the user of these conditions, the service provider, the vendor of services;
Client     : the opponent of Burdock, the purchaser of services;
Agreement   : the Agreement between Burdock and Client
Price     : the order amount, the rate, the remuneration.

Article 2 General
2.1   These Conditions apply to every offer and agreement between Burdock and Client in as far as these Conditions are not expressly deviated from between Parties in writing.
2.2   The current Conditions also apply to all agreements with Burdock, for the implementation whereof Burdock makes use of the services of third parties.
2.3   Parties can only deviate from these General Conditions in writing.
2.4  If Burdock enters into more than one agreement with Client, the current General Conditions always apply to all subsequent agreements, regardless of the fact of whether or not they have explicitly been declared applicable or handed over.
2.5   If one or more provisions in these General Conditions are void or should become void, the other provisions of these General Conditions still remain fully applicable.

Article 3 Tenders and Agreements
3.1   All tenders, in whichever form, are free of obligations, unless a term for acceptance is state in the tender.
3.2    Agreements in which Burdock is a party, only apply as entered into:
a)  after signing of an agreement formulated to that extent by both Parties, effective as per the day of signing, or;
b)  after receipt and  assenting opinion of the written acceptance by Client of an offer made by Burdock, or;
c)  in case of a verbal agreement by the provision of information for the benefit of the implementation of the activities.
3.3   In case of verbal agreements the invoice is considered to correctly and fully display the agreement, except for claims made within 30 days of the invoice date.
3.4   Burdock is authorized to refuse an assignment if the assignment conflicts with any code of conduct.
3.5   Prices in tenders mentioned are expressed in Euros excluding VAT and other levies imposed by the authorities, as well as excluding possible costs to be made within the framework of the agreement, including shipping, travelling, accommodation and administration expenses, and facilities, unless the Parties have agreed otherwise.
3.6   Tenders only apply for the assignments to which they are related to and cannot be referred to for future assignments.
3.7   The files, documents such as plans, reports, brochures or other matters, such as videos, DVDs, demos, or CDs provided to Client with the tender, remain the property of Burdock and should be returned to Burdock at the first request.

Article 4 Modification of the Agreement
4.1   If during the implementation of the Agreement it appears that for a proper implementation thereof it is necessary to modify or add to the activities to be carried out, the Parties will in due time and upon mutual consultation modify the Agreement accordingly.
4.2   If Parties agree that the Agreement is modified or added, the time of completion of the implementation can be influenced as a result of that. Burdock will notify the Client as soon as possible on this.
4.3   If the modification of or addition to the Agreement has financial and/or qualitative consequences, Burdock will notify the Client in advance thereof.
4.4   If a fixed remuneration was agreed upon, Burdock will indicate at that point in how much the modification of or addition to the Agreement results in exceeding this remuneration.

Article 5 Price/Costs
5.1   Upon conclusion of the Agreement the Parties can agree upon a fixed price.
5.2   If no fixed price is agreed upon, the price will be determined based on the hours spent or shifts actually needed. A shift consists of 4 working hours. The price is calculated in accordance with the usual hourly rates or shift rates of Burdock, applicable for the period during which the activities are carried out, unless an hourly rate or shift rate that deviates from that was agreed upon.
5.3   An agreed upon hourly rate/price applies to normal business days between 08:00 hours and 18:00 hours. In case activities are carried out outside these hours or on Saturdays, Client is due a surcharge of 50%. In case activities are carried out on Sundays or during days with reduction of working hours (ATV), as well as on official Christian, local and national holidays, as well as on days off as established by the authorities, Client is due a surcharge of 100%.
5.4   For the travelling time spent, 50% of the hourly rate agreed upon will be on-charged to Client. Furthermore, the travelling expenses will be charged separately.
5.5   If Burdock agrees a fixed price, hourly rate or shift rate with Client, Burdock is still authorized to increase the price, if Burdock can demonstrate that between the time of the offer and the implementation the rates with regard to for example salaries, travelling or accommodation expenses have increased by more than 10%.
5.6   Burdock will inform the Client in writing of the intention to increase the price. At that time, Burdock will state the scope of the increase and the date on which it will commence.
5.7   Burdock has the right to increase its rates annually on 1 January by at least 2.5%, unless the Parties have made different agreements.

Article 6 Annulment of the Agreement
6.1   Annulment of an assignment should take place in writing at the latest 5 business days before the implementation date, in default whereof Client is due 10% of the order price. In case of annulment less than 5 business days in advance, Client is due 50% of the order price.
6.2   If an hourly rate or shift rate was agreed upon, Burdock determines in all fairness what counts as the price agreed upon, within the framework of this annulment regulation. By that means Burdock should estimate how many hours or shifts would have been charged in the case where the Agreement would not have been annulled.
6.3   Client should see to it that Burdock actually has received the annulment.
6.4   If Burdock is due possible accommodation expenses to a third party upon annulment by Client, these costs are at the expense of Client.
6.5   In case of annulment of a Recruitment & Selection assignment, Client is due 30% of the agreed price to Burdock, apart from the costs already encountered.

Article 7 Suspension and Dissolution
7.1   Burdock is authorised to suspend the obligations or dissolve the Agreement if:
–  Client does not or does not completely comply with the obligations of the Agreement; after conclusion of the Agreement Burdock was informed of circumstances that give good reason to believe that the Client will not comply with his obligations. In case there is good reason to believe that the Client will only partially or improperly comply with his obligations, the suspension is only allowed in as far as the shortcoming justifies this;
–  Client upon conclusion of the Agreement was requested to provide a surety for the compliance with his obligations from the Agreement and this surety is not provided or is insufficient.
7.2   Furthermore, Burdock is authorised to dissolve/have dissolved the Agreement if circumstances occur which are of such a nature, that compliance with the Agreement has become impossible or to which measures of reasonableness and fairness can no longer be required, or if in any other way circumstances occur that are of such nature that unchanged maintaining of the Agreement may in all reasonableness not be expected.
7.3   If the Agreement is dissolved, the claims of Burdock on the Client are immediately claimable. If Burdock suspends compliance with the obligations, it retains its claims resulting from the Law and the Agreement.
7.4   Burdock always retains the right to claim damages.

Article 8 Implementation of the Agreement
8.1   Burdock will carry out its services with great care, if applicable in accordance with the established agreements and procedures agreed upon in writing with Client. Burdock will only contact sufficiently qualified personnel for the implementation of the Agreement.
8.2   Burdock appoints the persons who will carry out an assignment. If necessary, Burdock can replace these persons, where this is in the interest of the assignment and if desired by Client, upon consultation with Client.
8.3   Client should always indicate the objective of the assignment, in default whereof Burdock will carry out the assignment within the standards and procedures it has set.
8.4   If Client intends a certain result, this result should be described extensively, so that Burdock can assess in advance whether or not the desired result can be achieved.
8.5   A result guaranteed by Burdock can only be achieved if Client has observed all advice, recommendations and instructions, has provided all the necessary information, and has given cooperation with the implementation of the Agreement. If Burdock is hindered at the implementation, the consequences resulting thereof are at the expense of Client.
8.6   An assignment is always regarded as a best efforts obligation, since a possible result also depends on many external factors that Burdock cannot influence, so that an intended result/objective cannot be guaranteed 100%.
8.7  If, and in as far as a proper, implementation of the Agreement requires so, Burdock has the right to have certain activities carried out by third parties.
8.8   Client sees to it that all data, documents, or files which Burdock indicates are necessary, or of which the client in all fairness should understand to be necessary for the implementation of the Agreement, are provided to Burdock in a timely manner. If Burdock has not been provided with the data necessary for the implementation of the Agreement in a timely manner, Burdock has the right to suspend the implementation of the Agreement and/or to on-charge the extra costs as a result of the suspension to the Client, in accordance with the usual rates.
8.9   If Burdock or third parties contacted by Burdock within the framework of the assignment carry out activities at the location of Client or at a location indicated by Client, Client provides the facilities that are in all fairness required by the employees of Burdock free of charge.
8.10   The location and the time of the implementation of the Agreement are determined upon consultation. However, Burdock is allowed to change the location and the time, on the condition that it discusses this with the Client in a timely manner. In general this means that intended modification is passed on in a timely manner if this takes place at the latest 48 hours before the implementation of the Agreement, or a part thereof.

Article 9 Contract Duration/Implementation Term
9.1   The Agreement between Burdock and a Client is entered into indefinitely, unless the nature of the Agreement ensues otherwise, or Parties have agreed upon differently, expressly and in
9.2   If Client wants to cancel the Agreement prematurely, before Burdock has implemented the assignment completely or before the project is completed, Burdock is entitled to compensation for the resulting and demonstrable loss, unless there are facts and circumstances with regard to the cancellation that can be attributed to Burdock. Upon cancellation Client is obliged to pay the bills for activities carried out so far, the costs made, the hours spent, remuneration of 50% of the total price, and the costs resulting from necessary contracts possibly entered into by Burdock with third parties for the completion of the assignment.
9.3   A premature cancellation is regarded as a situation where an Agreement or project is interrupted or postponed by more than two months through fault of Client, unless Parties agree otherwise.
9.4   If the Agreement is prematurely cancelled by Burdock, Burdock will see to a transfer of activities still to be carried out to a third party upon consultation with Client, unless there are facts and circumstances which are the basis for the cancellation that can be attributed to the Client.
9.5   Cancellation, dissolution and annulment of the Agreement should be made by registered mail.

Article 10 Posting of an Employee
10.1   If Client wishes to make use of an employee of Burdock, Parties will formulate an agreement to that end. In this agreement will be indicated for how many hours, for which period, at which price, for which position and for which project he wishes to make use of the employee.
10.2   The costs of hiring an employee are charged on the basis of a fixed hourly rate, unless Parties have agreed differently in writing.
10.3   It is only possible to hire an employee for one or several period(s) of four consecutive hours. If the employee works less than four hours within a period of four hours, Burdock is still authorised to charge four hours.
10.4   Every week, Burdock will provide Client with an overview of hours of the respective employee. If no comments on the overview of hours have been made within 8 days after the provision thereof, Burdock can formulate an invoice as a result of the overview of hours and the number of hours is fixed.
10.5   The employee will carry out the assignments of Client to the best of his insight and capabilities, in accordance with the requirements of good craftsmanship and at the risk and responsibility of Client. At the implementation of the activities the objective or the intended result is always observed. This can only be deviated from if Client has agreed upon this with Burdock in advance.
10.6   Implementation of the assignments given by the Client to the employee will take place on normal business days and under normal circumstances.
10.7   Normal business days are understood to mean: all business days on which work can be done between 08:00 hours and 18:00 hours, with the exception of: Saturdays, Sundays, and days with reduction of working hours (ATV), as well as official Christian, local and national holidays, and days off established by the authorities.
10.8   The employee will obey the needs of the assignments and instructions as given by the Client if these were made known to him in a timely manner, and if these are necessary for the implementation of the assignment. During the posting, the Client has authority over the employee.
10.9   If there is a dispute about the implementation of the assignment between Client and employee, or if the employee reports sick, Client should report this to Burdock immediately. If necessary, Burdock will make a replacement within 6 business days.
10.10   Posting of the employee to third parties by Client is never permitted. This prohibition also applies for the posting by Client to a third party with which Client is associated in a group, or in case the third party is the parent company or subsidiary of Client.
10.11   In accordance with Article 7:658 Dutch Civil Code, Client is obliged to guarantee the safety of the employee, as well as to prevent the employee suffering harm in any way. In the case of an occupational injury or occupational disease, Client should contact all authorised agencies in accordance with the current applicable regulations. Except for intent and conscious carelessness of the employee, Client is obliged to reimburse all damages suffered by the employee during the implementation of his activities, including the judicial and extra-judicial costs. If the employee dies, the damage including the reimbursement of damage resulting from lost livelihood and the costs of undertaking is reimbursed by Client to rightful claimants as described in Article 6:108 Dutch Civil Code.
10.12   If the employee suffers damage because an item belonging to the employee is damaged or lost within the framework of the assigned activities, Client is obliged to fully compensate the employee, including the judicial and extra-judicial costs made by the employee.
10.13   Client is obliged to be sufficiently insured against liability based on this Article. Client indemnifies Burdock from all claims as described in this Article, should these claims be recouped from Burdock.
10.14   Liability of Burdock for damage caused by the employee to Client or third parties is expressly excluded. If Burdock is still held liable for any damage caused by the employee, Client indemnifies Burdock from that liability. Client is also obliged to be sufficiently insured by virtue of aforementioned indemnification and the liabilities that constitute the basis thereof.

Article 11 Training/Education
11.1   With regard to specific training/course data the training/course information is referred to. Apart from this information, these Conditions apply and more specifically the provisions included in the Agreement and in this Article.
11.2   For training the agreed hourly rate/shift rate per trainer will always be charged as training costs to Client. The training costs include the hours spent on: travelling and training multiplied by the hourly rate, VAT added, costs for facilities, travelling expenses and costs pre/after course.
11.3   All costs for facilities such as (hotel) accommodation, conference rooms, refreshments, meals, overnight stays of personnel, materials, resources, equipment, flip-charts, etc. that are necessary during a training, are at the expense of Client.
11.4   The costs with regard to the pre/after course, such as preparation, pre-research, interim consultation, evaluation, etc. are once-only costs. These costs will be charged separately. The extent of these costs depends on the hours spent, unless Parties have agreed upon otherwise. The hourly rate/shift rate will be agreed upon by Parties in advance.
11.5   Missed meetings cannot be made up for, unless Parties agree upon otherwise.

Article 12 Recruitment & Selection
12.1   Upon receipt of all relevant vacancy data, Burdock will start recruitment & selection. Client is obliged to inform Burdock of special characteristics for the position and the necessary qualifications prior to a selection.
12.2   During the selection Burdock makes use of the information that the candidates have provided about themselves or that references have provided about them. Burdock is not obliged to verify this data. At the request of Client Burdock can still test the skills of any candidate introduced.
12.3   If Client is not satisfied with an introduced candidate he should immediately inform Burdock of this. In this regard Burdock is never liable for any damage or costs.
12.4   Client himself is responsible for the final choice of a candidate. Burdock excludes any liability with regard to this choice.
12.5   After Burdock has introduced a suitable candidate to Client, Client is allowed to enter into a working relationship with the candidate.
12.6   If within 1 year after introduction of a candidate an employment contract is entered into by Client with the candidate, Burdock will have complied with the implementation of the Agreement, and Client is obliged to pay Burdock the price agreed upon. This also applies if the Parties have prematurely cancelled the Agreement.
12.7   Client is due the full price for each candidate who is appointed by Client directly or indirectly within the framework of media recruitment, file or direct search order, regardless for which position the person is appointed, unless the Parties have agreed otherwise.
12.8   As long as Burdock is responsible for an assignment, Client should refrain from other recruitment activities. All employment contracts that materialise during the assignment with Client and an employee for the respective position are attributed to the efforts that Burdock has made for the implementation of the Agreement. Client is therefore due to pay the agreed price to Burdock.
12.9   Should Client employ more than one of the candidates introduced by Burdock within the framework of one media recruitment, file or direct search order then Burdock will charge the Client for the second, the third, etc. candidate 50% of the agreed price of a candidate.
12.10   If Client cancels the employment contract of the introduced candidate within 5 business days after the first business day, Burdock will, at the request of Client, start a new recruitment & selection procedure at 50% of the agreed price, unless Parties have agreed otherwise.
12.11   If the Client prematurely cancels the Agreement, the costs incurred by Burdock, plus the costs of the current phase, are at the expense of Client, with a minimum of 30% of the agreed price.

Article 13 Research/Claims
13.1   Complaints about the services supplied should be reported immediately in writing by Client to Burdock. The proof of default should contain a description of the shortcomings, in as much detail as possible, so that Burdock is able to react adequately.
13.2   If a complaint is valid, Burdock will still carry out/have carried out the services as agreed upon, unless this has meanwhile demonstrably become useless for the client. The latter should be reported by the Client in writing.
13.3   The right for claims lapses if Client has not informed Burdock during the implementation of the activities or within 5 business days after the complaint arises.
13.4  Claims on invoices should also be reported in writing, within 30 days after the invoice date.
13.5   Upon expiration of the aforementioned terms, Client is considered to have approved the performance and the invoice.
13.6   If carrying out the agreed services is no longer possible or useful, Burdock will only be liable within the limits of what is established in the Article “Liability”.

Article 14 Liability
14.1   Should Burdock be liable, this liability is limited to what is arranged in this provision.
14.2   If Burdock is liable for direct damage, that liability is limited to, at most, the amount that the Burdock’s insurer pays out to Burdock, at most to the tender amount or the agreed price.
14.3   In deviation from what is established in Section 2 of this Article, at an order with a duration longer than six months, the liability is further limited to the amount due for the past six months.
14.4   Direct damage is exclusively understood to mean:
–  the reasonable costs for the determination of the cause and the scope of the damage, in as far as the determination is related to damage in the meaning of these Conditions; – the possible reasonable costs made in order to have the faulty performance of Burdock comply with the Agreement, unless these cannot be attributed to Burdock;
–  the reasonable costs made in order to prevent or limit damage, in as far as Client demonstrates that these costs have resulted in the limitation of direct damage as intended in these General Conditions.
14.5    If the Agreement is cancelled prematurely, Client cannot hold Burdock liable for the results achieved until the date of cancellation, since an intended result or objective can only be achieved when Burdock can carry out the full Agreement.
14.6   Burdock is not liable for damages, of whatever nature, because Burdock assumed incorrect and/or incomplete data provided by the Client.
14.7   For damages resulting from advice given Burdock is never liable. Advice is are always given on the basis of facts and circumstances known to Burdock and upon mutual consultation, for which Burdock always takes the intention of Client as a guiding principle and point of departure.
14.8   Burdock is never liable for indirect damage, including consequential damage, turnover and profit loss, missed savings, and damage because of company stagnation.
14.9   Client should make copies of all documents, information bearers, electronic files or software etc. provided to Burdock, in case these items are lost or damaged. Client cannot hold Burdock liable for the loss of or damage to these items.
14.10   The limitations of liability for direct damage as included in these Conditions do not apply if the damage can be attributed to intent or gross negligence of Burdock or its subordinates/employees.

Article 15 Force Majeure
15.1   The Party that is of the opinion that force majeure is concerned, is obliged to immediately notify the other Party thereof.
15.2   Parties are not obliged to comply with any obligation if they are hindered at that as a result of a circumstance that they cannot be blamed for, and that cannot be attributed to them by virtue of the Law, a legal action or commonly accepted views.
15.3   In these General Conditions force majeure is understood to mean, apart from what it is understood to mean by Law and jurisprudence, all external causes, foreseen or unforeseen, on which Burdock cannot exert its influence, such as fire, theft, illness of personnel, power cuts, computer disturbances and traffic delays, but because of which Burdock is not capable of complying with its obligations. Labour strikes at the Burdock company are included in that.
15.4   Burdock also has the right to appeal to force majeure if the circumstance that precludes the (further) compliance occurs after Burdock should have had complied with its obligation.
15.5   During the period that the force majeure lasts, the Parties can suspend the obligations from the Agreements. If this period lasts longer than two months, each of the Parties is authorised to cancel the Agreement, without obligation to reimburse damage to the other Party.
15.6   In as far as Burdock at the time of the commencement of force majeure, meanwhile has partially complied with its obligations from the Agreement or will be able to comply with those, and in as far as independent value can be attributed to what was already complied with or will be complied with respectively, Burdock is authorised to separately charge what was complied with or will be complied with respectively. Client is obliged to settle this charge as if it were a separate agreement.

Article 16 Warranties
16.1   Client indemnifies Burdock from claims by third parties with regard to rights of intellectual property on documents and data provided by the Client, which are used during the implementation of the Agreement.
16.2   Client indemnifies Burdock from possible claims by third parties that suffer damage in relation to the implementation of the Agreement, and which can be attributed to Client.
16.3   The warranty as intended in this Article also includes all judicial and extra-judicial costs of Burdock.
16.4   If Client provides Burdock with information bearers, electronic files or software, Client guarantees that these information bearers, electronic files or software are free of viruses and faults.

Article 17 Returning Items That Were Made Available
17.1   All items supplied by Burdock, possibly also including designs, budgets, brochures, books, pictures, reports, advice, software, (electronic) files, film, demos, etc. remain the property of Burdock until the Client has complied with all Agreements entered into with Burdock.
17.2   The programmes made available by Burdock for the benefit of the implementation of the Agreement should be used by Client with due diligence, and shall only be used by Client for the agreed objective. The damage that results from the use of these programmes to the equipment or programmes of Client are at the expense and risk of Client.
17.3   If Burdock has made items available to Client during the implementation of the Agreement, Client is obliged to return the supplied items within 14 days after cancellation or completion of the Agreement in their original state, free of defects, and in full. If the Client does not comply with this obligation, all resulting costs of replacement will be at his expense.

Article 18 Intellectual Property and Copyright
18.1   Without prejudice to what is established in these General Conditions, Burdock reserves the rights and authorities that Burdock is entitled to based on the Dutch Copyright Act and the intellectual property right.
18.2   All documents such as reports, forms, advice, agreements, designs, sketches, training books, drawings, brochures and aids, demos, pictures, films, videos, programmes, software, etc. provided by Burdock or used during the implementation are to be used exclusively by Burdock and Client, and may neither be reproduced without prior permission from Burdock, nor be published, rented, sold or brought to the attention of third parties by Client, unless the nature of the provided items ensues otherwise.
18.3   Burdock is entitled to the royalties acquired by Burdock. The rights are not transferred to a Client. Still, Client is due remuneration from Burdock if Burdock makes use of the royalties at the implementation of the Agreement.
18.4   Burdock reserves the right to use the increased knowledge acquired during the implementation of the activities for other purposes, in as far as no confidential information is brought to the attention of third parties by that.
18.5   All documents formulated by Burdock will be kept by it for at least 5 years. Burdock is entitled to use these documents for scientific purposes and to destroy them after 5 years.
18.6   If Client acts in violation with this Article, Client immediately forfeits a claimable fine of € 20,000 towards Burdock.

Article 19 Confidentiality
19.1   Both Parties are obliged to confidentiality of confidential information that they obtained from each other or from another source within the framework of the Agreement. All information is regarded as confidential, unless one of the Parties has informed the other Party in writing that the intended information is not confidential.
19.2   If, by virtue of a statutory provision or a judicial sentence, Burdock is obliged to also provide confidential information to third parties appointed by Law or the competent judge, and Burdock cannot call upon a statute or by the competent judge acknowledged or allowed entitlement to refuse to testify in this matter, Burdock is not obliged to pay damages or compensation, and the opponent is not authorised to dissolve the Agreement on the basis of any damage that results from this.

Article 20 Personnel
20.1   Client is not authorised, without written approval of Burdock, to enter into a working relationship with an employee or personnel member of Burdock, during and within 1 year after the implementation of the Agreement.
20.2   If client, without approval of Burdock, enters into a direct or indirect working relationship with employee, Client is due remuneration to Burdock of at least six times the gross monthly salary of the employee, based on a 40 hour business week. Apart from that, Client is obliged to fully comply with his obligations resulting from the Agreement that exists between Parties.
20.3   Client is not authorised to directly enter into agreements with an employee or personnel member of Burdock, by default whereof Client should settle the resulting damage with Burdock.
20.4   Burdock is never liable by virtue of the contracts entered into or originating from an employee with Client or third parties, without consulting Burdock in that regard. Client indemnifies Burdock for all liabilities in this matter, including the liability of Burdock as the employer of the employee.

Article 21 Payment
21.1   Payment should take place within 30 days after invoice date in a way to be indicated by Burdock in the currency it was invoiced, unless Parties have agreed upon otherwise. Objections against the value of the invoices do not suspend the payment obligation.
21.2   Burdock is authorised to require full or partial prepayment of the due amount. After payment of the advance amount Burdock will commence the implementation of the Agreement.
21.3   Parties can agree upon a payment regulation. In case of instalments the price is increased with extra administration costs.
21.4   If Client is in default of payment within the agreed term, Client is legally in default. Client is then due 1.5% per month or part of a month, unless the statutory (trade) interest is higher, in which case the highest interest applies. The interest on the claimable amount will be calculated from the moment that Client is in default until the moment of settlement of the full amount.
21.5   In case of liquidation, (filing for) bankruptcy, permission to Client to statutory refinancing of debts by virtue of the Dutch Refinancing of Debts for Natural Persons Act, legal restraint, seizure or (provisional) suspension of payment of Client, the claims of Burdock on Client are immediately claimable.
21.6   The payments made by Client firstly serve to decrease the costs, subsequently to decrease the success ional interest, and finally to decrease the main sum and the ongoing interest.

Article 22 Collection Fees
22.1   If Client is in default with (timely) compliance with his obligations, all reasonable costs for the extra-judicial collection of payment are at the expense of Client. Client is at least due to pay the collection fees in case of a money claim. The collection fees are calculated in accordance with the collection rate as advised by the Dutch Law Society in collection cases, with a minimum of € 350.
22.2   If Burdock has incurred higher costs that were in all fairness necessary, these are to be settled as well. Judicial and seizure costs are at the expense of Client as well.

Article 23 Translations of These Conditions
Only the version formulated in the Dutch language of these Conditions is authentic. If a translation deviates in any way, the Dutch language text prevails.

Article 24 Applicable Law/Competent Judge
To every agreement between Burdock and the Client, Dutch Law applies. The judge in the place of business of Burdock is exclusively competent to be informed on disputes between the Parties. Nevertheless, Burdock has the right to present the dispute to a judge in the Netherlands who is competent by law.

Article 25 Deposit of the Conditions
These Conditions have been deposited at the office of the Dutch Chambers of Commerce under number 27165113 per date 21st of august 2009 and can also be consulted via the internet site of Burdock.