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General Service Conditions, February 2022

 

Article 1 – Definitions

Customer: the Consumer who purchases one or more Services from Zizo through using the Platform

Consumer: the natural person not pursuing professional or commercial activities

Services: the economic activities (other than salaried employment) described on the Platform and in respect of which a Service Agreement is concluded, after which Zizo and/or its auxiliary persons perform the servicesService Agreement: the agreement between Zizo and the Customer for performing one or more Services

Service Conditions: these general conditions

ICT Services: Services of a technical nature relating to hardware of, or software on, phones, smartphones, PCs, laptops, tablets, televisions, printers, etc., and cloud services, internet, or Wi-Fi

Platform: the free, online platform environment on which Zizo provides all or certain functionalities and services to a User

Platform Conditions: the general conditions applicable to using the Platform

Privacy Statement: the general conditions that apply to Zizo’s processing of personal data and which can be found on the Website

Cleaning Services: Services such as cleaning, laundry, ironing, doing dishes, window cleaning, maintaining the garden, or other Services in and around the house

Fee: the amount of money that the Customer must pay for Services to be performed or already performed

Zizo: the private limited company Zizo B.V. in Uden, registered with the Chamber of Commerce under number 83500278.

 

Article 2 – Applicability

2.1 These Service Conditions apply to agreements for performing one or more Services (Service Agreement) entered into between Zizo and the Customer. Zizo expressly rejects any general or special conditions used by the Customer.

2.2 The Customer may use the Services for private purposes only and not for pursuing professional or commercial activities.

2.3 If one or more provisions of these Service Conditions are fully or partially void or voidable at any time, the remaining provisions of these Service Conditions will continue to apply in full. The void, voidable, or otherwise legally invalid provision will be deemed to be replaced by a provision that is closest in nature and purpose to the void, voidable, or otherwise legally unenforceable provision.

2.4 Besides these Service Conditions, Zizo may declare special and additional conditions applicable to the legal relationship between Zizo and a Customer. Specific additional conditions apply to ICT Services and Cleaning Services. If and insofar as Zizo’s special or additional conditions are inconsistent with the Service Conditions, the provisions of the special or additional conditions will be given preference.

2.5 Zizo reserves the right to amend the Service Conditions at any time and will inform the Customer of any amendment(s). After the Customer has been informed about the amendment(s), the amended Service Conditions will apply to any relationship between Zizo and the Customer, including a relationship intended to produce a legal effect, which arises after the amendment is made.

2.6 If and insofar as Zizo processes the Customer’s personal data, Zizo’s Privacy Statement will apply in addition to the Service Conditions.

 

Article 3 – Zizo’s identity

Name: Zizo B.V. trading as Zizo

Place of business: Verlengde Velmolen 1, 5406 NT UDEN

Email address: info@zizo.nl or via the contact form at www.zizo.nl

Telephone number: +31 (0)88 – 002 5552

Chamber of Commerce number: 83500278

VAT identification number: NL862896435B01.

 

Article 4 – Performance of Service Agreement

4.1 Zizo will perform the Services on a best-efforts basis. Although Zizo performs the Services to the best of its knowledge and ability, it cannot give any guarantees regarding the result.

4.2 The Customer is aware that Zizo can use its own personnel and the services of third parties, such as self-employed persons, temporary workers, and/or other auxiliary persons to perform the Services.

4.3 The Customer must promptly provide Zizo with all data and information that Zizo needs to be able to perform the Services, including all information that the Customer understands or should reasonably understand is necessary or important for performing the Services. This includes, but is not limited to, data and information relating to the location where Services must be performed and the safety and other conditions on site. Any change in these data and information must be reported to Zizo without delay.

4.4 The Customer must always enable Zizo to perform Services. The Customer must ensure they are at home when the Services are performed.

4.5 A Service can be rescheduled up to one working day before the Service is due to be performed. If the Service cannot be performed and is not rescheduled or not rescheduled on time, a no-show fee will be charged. The no-show fee is 85% of the Fee that would have been charged for the Service.

4.6 If Zizo and the Customer have agreed that the Services will be performed in parts, Zizo may suspend the performance of Services belonging to a next part until the Customer has fulfilled their payment obligations in respect of the preceding parts.

4.7 Unless explicitly agreed otherwise or the nature of the Services dictates otherwise, Services will be performed on working days only from Monday to Friday, which are not public holidays.

4.8 Services will always be performed at a location to be agreed between the Customer and Zizo. Zizo cannot guarantee that Services can be performed at all locations. Unless explicitly agreed otherwise, Services will be performed only at the Customer’s premises in, around, or at home.

4.9 Periods for performing Services are indicative. Strict deadlines do not apply to the performance of Services.

4.10 An amendment or addition to the Service Agreement must be recorded or confirmed in writing to be valid between Zizo and the Customer.

 

Article 5 – Fee and use of discount codes

5.1 The Customer pays Zizo a Fee for the Services performed or to be performed based on a fixed or variable hourly or other rate, as set out in the Service Agreement, and for any appliances used for the benefit of the Customer in performing the Services. It might not be possible to meet additional requests or orders from the Customer at the same rate. Time estimates or estimates underlying a Fee are for indicative purposes only, i.e. no rights can be derived from these estimates.

5.2 Zizo may increase the Fee if a change in the nature, duration, or scope of the Services gives it cause to do so, or if commercial or market conditions give it cause to do so. If Zizo increases the Fee within three (3) months of entering into the Service Agreement, the Customer may terminate the Service Agreement. If the Customer enforces this right, Zizo will not owe any compensation (of any kind).

5.3 Any discounts, campaigns, and/or promotions are subject to special conditions. The Customer may rely on discounts, campaigns, and/or promotions if these have been agreed between the Customer and Zizo or between a third party and Zizo for the Customer’s benefit. Applying discounts, campaigns, and/or promotions agreed on for the Customer’s benefit by Zizo and one or more third parties does not affect the Customer’s payment obligation. The Customer remains jointly and severally liable for paying the entire Fee. An agreement with one or more third parties in the foregoing sense means only that such third party or parties are jointly and severally liable for all or part of the Fee with the Customer unless Zizo and the Customer or Zizo and the third party or parties agree otherwise.

5.4 The Customer must make it known that they are relying on discounts, campaigns, and/or promotions before a Service Agreement is concluded; Zizo is not bound by any reliance on them afterwards. Zizo may alter and/or cancel the application of discounts, campaigns, and/or promotions at any time.

5.5 Unless expressly stated otherwise, all amounts payable under the Service Agreement include VAT and any other applicable taxes or duties payable in addition to the fee.

 

Article 6 – Payment and cancellation

6.1 Invoices are to be paid by direct debit or by a payment method and frequency to be determined by Zizo. If direct debit is used, Zizo will collect the invoice amount due from the Customer on or about the same day each month. If a payment method other than direct debit is used, invoices must always be paid within fourteen (14) days of the invoice date by means of the agreed payment method.

6.2 If the payment period is exceeded, Zizo may charge default interest of 2% per month on the outstanding amount unless the statutory rate of interest is higher, in which case the statutory interest will be due. The interest on the outstanding amount will be calculated from the date on which the Customer is in default until the date on which that amount is paid in full, notwithstanding Zizo’s other rights.

6.3 The Customer must inform Zizo in writing of any dispute or objection regarding the invoice amount within fourteen (14) days of the invoice date. A dispute or objection will not be accepted if this period is not observed. Objecting to an invoice or its amount does not suspend the payment obligation.

6.4 If the Customer is in default or fails to meet their obligations on time, Zizo may charge the Customer the reasonable costs for obtaining payment out of court communicated to the Customer in advance.

6.5 Zizo may suspend the provision of Services if payment is late. Suspension does not relieve the Customer from their obligations under the Service Agreement.

6.6 If the Customer fails to pay because of liquidity problems, Zizo may make continuation of the Service conditional on immediate payment for the Services already provided (whether or not invoiced) and/or for Services yet to be provided.

 

Article 7 – Complaints and right of withdrawal

7.1 The Customer must examine immediately after the Services have been performed whether the quality and/or quantity corresponds to what has been agreed.

7.2 The Customer may terminate the Service Agreement without giving a reason (right of withdrawal) for fourteen (14) days after the Service Agreement has been concluded. The Customer may exercise this right by making an unequivocal statement to that effect to Zizo, or by using a model form intended for that purpose, which can be found in Schedule 1 to these Service Conditions.

7.3 Notwithstanding the previous paragraph, the Customer has no right of termination (right of withdrawal) if the performance of the Service Agreement has started with the Customer’s express prior consent and/or at their request.

7.4 If the Customer terminates the Service Agreement in accordance with this article and insofar as the provisions of Article 7.3 do not apply, the Customer will owe Zizo an amount in proportion to the part of the Service Agreement that Zizo has performed on the termination date in comparison to the full performance of the Service Agreement. The proportional amount payable by the Customer to Zizo will be calculated based on the total price specified in the Service Agreement.

 

Article 8 – Complaints procedure

8.1 If there is reason to do so, a Customer can submit a complaint to Zizo at any time. A complaint can be submitted using the contact form on the Website or by email. Zizo will respond to complaints as soon as possible and every effort will be made to find a satisfactory solution. Complaints submitted to Zizo will be answered within fourteen (14) days of their date of receipt. If a complaint requires a foreseeably longer time to process, Zizo will respond within the 14-day period with an acknowledgement of receipt and indicate when the Customer can expect a more detailed response.

8.2 The Customer must submit their complaints about the agreed and/or performed Services to Zizo in writing as soon as possible. A complaint must always be reported within 72 hours of the event that led to the complaint occurring or of the Customer discovering or of when they reasonably could have discovered this event.

 

Article 9 – Liability

9.1 Zizo’s liability for damage or loss that the Customer suffers arising from and/or related to performing the Services is limited as set out in this article. The Customer understands that the Fee is based on the information that they provide regarding the facts and circumstances in which the Services are performed.

9.2 Any liability of Zizo is excluded unless it, its employees, and/or the auxiliary or other persons it has hired have acted intentionally or been wilfully reckless. If and insofar as ruled otherwise as a matter of law, Zizo’s liability – if and to the extent it remains after applying the other provisions of these Service Conditions limiting liability – is capped at the amount paid by the insurer if and insofar as the liability is covered by liability insurance and the insurer proceeds to pay; or, if the insurer does not proceed to pay or the damage or loss is not covered by insurance in any case, is capped at the net invoice amount that Zizo has charged or will charge to the Customer in connection with the Services or a part of the Services if the liability relates to a part of the Services.

9.3 The Customer must notify Zizo of any potential liability in connection with the Services or the Service Agreement. This notice must be given in writing, in sufficient detail, and within sixty (60) days of the cause of this potential liability having been ascertained or of when it could reasonably have been ascertained by the Customer, on the understanding that if the Customer fails to give notice within six (6) months of the cause of the potential liability having arisen, Zizo need not pay any compensation in respect of this potential liability.

9.4 Zizo’s liability for consequential damage, which also includes lost profit, financial loss, and lost income, is expressly excluded.

 

Article 10 – Indemnity

10.1 The Customer must indemnify and compensate Zizo and any auxiliary persons it hires immediately on request against any claims by third parties who suffer damage or loss in connection with the performance of the Service Agreement if the cause is attributable to the Customer.

10.2 The Customer must indemnify and compensate Zizo immediately on request against the damage or loss suffered by auxiliary persons in connection with the performance of the Service Agreement if the cause is attributable to the Customer.

 

Article 11 – Force majeure

11.1 Zizo need not fulfil any obligation towards the Customer if it is hindered from doing so because of a circumstance that is not its fault and for which it is not accountable by law, a legal act, or according to generally accepted standards.

11.2 Notwithstanding statutory provisions, force majeure in these Service Conditions at least means all external causes, foreseen and unforeseen, over which Zizo has no influence, but as a result of which Zizo is unable to fulfil its obligations, including, but not limited to, the following situations: a situation beyond the control of either party such as illness, a shortage of personnel, fire, natural or other disasters, insurrection and civil unrest, an act of terrorism, epidemics, pandemics, and government measures as a result of epidemics or pandemics, a shortage of transport, a general shortage of materials or personnel, strikes or other labour disputes, and defects or delays in deliveries by subcontractors caused by circumstances mentioned in this article.

11.3 Zizo may suspend the obligations under the Service Agreement during the period that the force majeure continues. If this period exceeds two months, either Party may terminate the Service Agreement without being obliged to pay compensation to the other Party. If Services have already been performed or partly performed and independent value can be attributed to them, Zizo may invoice the performed part of the Services separately to the Customer.

11.4 The Party wishing to rely on a force majeure situation must notify the other Party in writing without delay.

 

Article 12 – Terminating and amending the Service Agreement

12.1 Service Agreements relating to Services performed on an occasional basis end after the occasional Service has been performed. Unless the other provisions of the Service Conditions stipulate otherwise, neither the Customer nor Zizo may terminate a fixed-term Service Agreement unilaterally. Either the Customer or Zizo may terminate an open-ended Service Agreement after a first period of at least three (3) months has passed, with due observance of a notice period of one (1) month, notwithstanding the Customer’s right of withdrawal.

12.2 Either the Customer or Zizo may terminate a Service Agreement if one of them is in default and, insofar as required by law, that Party has been given a reasonable period in which to remedy the default.

12.3 An amendment or addition to the Service Agreement must be recorded or confirmed in writing to be valid between Zizo and the Customer.

12.4 The Customer waives any right to nullify all or part of the Service Agreement on the basis of error.

 

Article 13 – Applicable law

13.1 Only Dutch law governs this Service Agreement, even if an ensuing obligation is or must be fully or partially performed abroad.

 

Article 14 – Additional conditions: ICT Services (digital help)

14.1 Zizo performs ICT Services for private – and expressly not for commercial or professional – users of hardware and software.

14.2 The Customer is aware that their details, information, and/or documents or other data might be lost and/or damaged, even irretrievably, because of the performance of ICT Services. The Customer is aware that it is not always possible to retain all data when performing ICT Services. Zizo cannot guarantee that all details and data will be retained after replacing parts, installing new software, or updating existing software. Zizo endeavours to prevent data loss. However, as Zizo does not create a backup or copy the aforementioned data, the Customer is personally responsible for ensuring that a proper backup or copy is made of the data located on a device or data carrier in time.

14.3 Where applicable, the Customer must ensure that the full and valid licence codes, passwords, account details, etc. of the devices and/or software with which the ICT Services are to be performed are provided or available. If these data are missing and the ICT Services cannot be performed or can only be partially performed, the Customer must reimburse Zizo’s reasonable costs until that date.

14.4 The Customer is aware that repairing or opening a device will void the supplier’s or manufacturer’s warranty, or its remaining period, as Zizo does not have the necessary authorization and/or quality marks from the supplier to perform such repairs without loss of the supplier’s or manufacturer’s warranty. The Customer indemnifies Zizo against any actual or potential consequences, such as damage and/or loss of these warranties, if the Customer instructs Zizo to open and/or repair a device.

14.5 The Customer warrants that it is the owner of the product in respect of which the ICT Services are performed and that they do not use illegally obtained software and/or materials. The Customer indemnifies Zizo against any third-party claims in connection with illegally obtained software and/or materials.

14.6 If damage is caused to a device on which the ICT Services are performed, Zizo’s liability, subject to and notwithstanding the provisions of Article 9 of these Service Conditions, is capped at an amount equal to the current market value of the relevant device.

 

Article 15 – Additional conditions: Cleaning Services

15.1 Zizo is free to choose the appliances and products it uses to perform the Cleaning Services. The Customer must ensure that sufficient hot and cold water, water pressure, and electricity is available free of charge for performing the Cleaning Services.

15.2 If Zizo uses appliances or cleaning or other products owned or made available by the Customer to perform the Cleaning Services, the Customer must indemnify Zizo against any damage to these appliances or to other items that occurs during the normal use of these appliances and cleaning or other products.

15.3 The Customer must provide Zizo with all information that is needed or relevant to completely and correctly perform the Cleaning Services, in particular in relation to information about vulnerable items or surfaces, specific cleaning and treatment methods, previous history regarding cleaning and washing, and so on.

15.4 If it becomes apparent while the Cleaning Services are being performed that all or parts of certain rooms, other places, or surfaces are not accessible without additional appliances, Zizo need not perform the Cleaning Services in or on those places. The costs of those additional appliances and the waiting time are payable by the Customer unless other arrangements have been made in advance.

15.5 If an aerial platform, scaffolding, or ladder is used for the Cleaning Services, Zizo is not liable for damage to plants, lawns, paving, pipes, drains, and so on unless it acts intentionally or recklessly.

 

Click here for Schedule 1: Model withdrawal form.