TERMS & CONDITIONS

Speakers for Good, located and with head quarters in Amsterdam at John M. Keynesplein 12-46, [1066 EP] registered with the Chamber of Commerce under number 67831672, is an renowned, international boutique speakers agency where 8 billion people and Mother Earth are given a voice.

Introduction: purpose & values

The purpose of Speakers for Good is to connect people and organizations with the same desire, to create a more sustainable world and just society, maximizing people’s potential and within the limits of the planet and its vital ecosystems.
Context: the world is in a transformation to the next phase of our civilization. There is no quick fix to the immense problems and risks that humanity itself has created. Together we share true story and this is how we provide vital ideas and solutions for the world of tomorrow. Speakers for Good and its speakers, moderators, presenters, trainers and other rain makers and transformers, hereafter called Change Agents) are for positive change and actively contribute to it themselves.
Speakers for Good is independent, but not neutral nor unbiased. This does not mean that Speakers for Good is biased or adheres to only one ideology. Speakers for Good and its change agents are transparent about their positions and attach great importance to facts and give them meaning by interpreting them. Therefore, together we are open about our worldviews and moral convictions. When facts change, opinions change with them.
Our contributions focus on positive and lasting impact, which is far more important than applause and high ratings. Together, we tell not what people and organizations want to hear, but what they should know. Based on verifiable facts and sources. We ask for concrete feedback on our performance and impact, so that our impact becomes ever more intense and grand.
Together we believe in transparency and continuous self-improvement. When we see or do things wrong, we admit it and correct it. Together, we continually strive to create a world that almost everyone desires based on intrinsic intent, clear vision and inspiring contributions.
Speakers for Good connects people and organizations with change agents who make a demonstrable contribution to creating a better world. We are an independent partner and together we want to make a difference by doing the best for the world instead of trying to become or be the best of the world.
Speakers for Good derives its raison d’être by manifesting its intent and connecting the right change agents to events that matter and contribute to the shared intent and intended, positive impact.
In all our activities and affairs, we are 100% transparent, so there are no surprises for anyone. If we do our work together with integrity and keep everything transparent, the present terms and conditions are in principle unnecessary and will only be a topic of discussion at the start of the collaboration.
The present terms and conditions must be read and interpreted in this broad context. This is the only way we can contribute together to unique and unforgettable events and experiences.

ARTICLE 1 – GENERAL

These terms and conditions apply to all offers, quotations, assignments, agreements as well as all legal acts relating to the conclusion of the agreement between SfG or its representative(s) and its clients and relate to the performance of services as well as to the sale and delivery of services in the broadest sense of the word, such as, among other things, providing lectures, presentations, performances, training courses, workshops, clinics, conducting interviews, providing advice and consultation, writing columns, articles and poems, and performing a certain artistic performance of any kind and making persons, spaces and materials available.
In these General Terms and Conditions, the Client is understood to mean: the person who commissions one or more speakers/chairs/directors/consultants and/or who has entrusted SfG with the further organization of a congress, meeting, festivity, event and/or production.
In these General Terms and Conditions of Delivery, the following terms maybe used: Speaker(s)/Chairman(s) of the day/moderators/consultants: any person who has undertaken vis-à-vis SfG to provide a specific (artistic) performance or service of any kind or to supply goods and/or services in any other way, in the broadest sense of the word, so that this includes, for example, speakers, chairmen of the day, presenters, columnists, advisers, consultants, interviewers, writers, poets, artists, etc. (hereafter called change agents).

ARTICLE 2 – WORKING CONTEXT

Terms and other stipulations, including those contained in the Client’s general (purchasing) terms and conditions, which deviate from the above terms and conditions, are only binding on SfG insofar as they have been expressly agreed and/or accepted in writing by SfG. Terms and conditions of the Client do not apply unless SfG has accepted them in writing.
In the event of a conflict between the provisions of these General Terms and Conditions of Delivery and the Client’s (purchase) conditions, the General Terms and Conditions of SfG will prevail, unless the application of the relevant article of the General Terms and Conditions is expressly excluded in the contract. Deviation from these General Terms in an agreement shall not affect the validity of the other General Terms.

ARTICLE 3 – PROPOSALS & OFFERINGS

All offers by SfG are without obligation. An agreement is created when the Client accepts an offer from SfG in writing or digitally or electronically. SfG will send the Client a written agreement as confirmation, which must be signed and returned by the Client within five days of receipt.
If the Client does not return the agreement in time in accordance with the previous paragraph, the Client has the right to terminate the agreement with immediate effect within 25 days of the five-day period referred to in the previous paragraph, after it has given the Client at least one more opportunity to return the signed agreement and the Client has again failed to do so. SfG will then not be liable for any compensation.

ARTICLE 4 – PRICE & TARIFFS

Unless otherwise agreed in writing, all prices are exclusive of 21% VAT, fees for copyright and related rights, royalties and other levies, as applicable.
Unless otherwise agreed, the Client shall also pay all travel and accommodation expenses of the speaker(s). The kilometer compensation amounts to € 0,89 per km plus 21% VAT.
For an overnight stay abroad, the actual costs will be charged, up to a maximum fee of € 400 per day, including breakfast, lunch and dinner, but excluding costs for public transport, cabs, etc.

ARTICLE 5 – INTEGRITY CODE

The Change Agent shall respect differences in ethnicity, philosophy of life, gender and social status of his/her listeners and Clients.
The Change Agent shall conduct all his/her activities on behalf of the Client at the highest professional level. The Change Agent is willing to cooperate with others if the situation so requires.
The Change Agent shall respect the copyright and other proprietary rights of others in photographs, texts and other materials.
The Change Agent shall make every reasonable effort to optimally prepare his/her presentation or the instruction and to tailor the content, in consultation with the Client, to the Client’s organization and objectives.
The Change Agent undertakes to keep confidential any information that comes to his/her attention in connection with the performance of his/her duties and/or the execution of the engagement, except where he/she is required to do so by law. The Change Agent shall maintain confidentiality with respect to the content of the meeting or activities of the Client. Any material that comes to his knowledge shall be treated as confidential.
The Change Agent indemnifies SfG against any claims in this respect from the Client or other third parties.
The Client shall not make contact with third parties concerning the work and relations with the Change Agent, with exception that what have been set out in writing. All parties shall maintain confidentiality with regard to the contents of the Agreement. Any material that comes to their knowledge shall be treated as confidential by all parties.
The Change Agent is expected to have all the documents required for a performance, such as work and residence permits. SfG is not liable for the absence of such documents. The Change Agent shall indemnify SfG against any claims in this respect from the Client or other third parties and against any claims based on inaccuracies in the information provided by the Change Agent, such as names, addresses, etc.

ARTICLE 6 – TERMS PERFORMANCE & ASSIGNMENT

The Change Agent is required to comply with the Client’s wishes as to the order of a program, unless otherwise expressly agreed in writing. The Change Agent is required to work in partnership with other performing artists, speakers and the like, and to cooperate in the smooth organisation of the meeting.
The Change Agent is required to accept the accommodation where the event takes place as it is. Unless special requirements are expressly agreed in writing.
The Change Agent is willing to comply with the wishes of the Client of the meeting/performance or the visiting public, especially with respect to the choice of repertoire and performance. Additions, etc. do not entitle the Client to any additional payment, unless this has been agreed in writing between the parties.
The Change Agent must be present at least half an hour before the start of the performance with all the items needed for the performance, except those that will be provided by SfG or by the Client. The Change Agent warrants that the items to be brought along for the performance are set up in good time, are in good condition and meet any safety requirements.
The Change Agent is required to follow the rules, instructions and/or directions of SfG or any third party appointed by SfG, or of the Client or any third party appointed by the Client.
The Change Agent undertakes to perform to the best of his ability with due observance of government regulations and the provisions of the General Local Government Regulations applicable at the location of the performance.
During the presentation, the Client is permitted to take photographs and film recordings of the Change Agent and his/her presentation for internal purposes. Without the explicit permission of SfG it is not allowed to place any images in the public domain.
All rights of the captured footage of the speaker and the presentation lie with SfG and will be made available in full by the client and/or the party that produced the footage upon SfG’s request. The Client is responsible for transferring this condition(s) to the party producing the footage.
The Client shall not, without the prior consent of SfG, link the event or the change agent to any product or company for promotional purposes or otherwise.
The Client will inform SfG prior to the event of the number of people who will attend the event. If exceeded, SfG may attach further conditions to the Event.
Client will inform SfG prior to the event about the venue set-up during the change agent’s contribution. If not stated, SfG may attach further conditions to the Event and Client shall be liable for any damages.
The condition for the creation of any right under Art. 7:21 of the Dutch Civil Code or any other possible right of the Client due to improper performance by SfG, is always that the Client notifies SfG in writing of the improper performance no later than three working days after delivery of what has been agreed by SfG.
For each act in breach of this article, the Client will forfeit an immediately payable penalty, which is not subject to moderation, of EUR 10,000 on each occasion, without prejudice to the right of SfG to additionally recover the damage suffered from the Client.

ARTICLE 7 – INVOICE & PAYMENT

Invoicing takes place upon order confirmation and payment is made according to the following terms: 50% within 5 working days after order confirmation and 50% no later than 30 days before the meeting.
If the Client is in default and does not pay on time, he will be charged an administrative fee of € 50 plus VAT after five working days. This amount will be increased to € 100 plus VAT if the invoice is not paid within two weeks and to € 250 plus VAT if the invoice is not paid within one month. The Client will also owe interest of 1% per month plus all costs of collection and other legal measures that SfG has to incur, with a minimum of 15% of the invoice amount, plus the aforementioned administrative fee(s).
The Client is not permitted to suspend payment, not even if third parties attach or threaten to attach, unless the attachment relates directly and exclusively to a claim against SfG and not against a Change Agent or other companies, whether or not affiliated to SfG.
SfG is responsible itself for any payroll taxes and social security contributions in respect of the remunerations it is entitled to arising from agreements concluded with SfG. If it is established at any time that the Client has an obligation to withhold taxes and/or social security contributions from the Change Agent, SfG hereby indemnifies the Client against such claims, including any increases and interest owed in that regard.

ARTICLE 8 – EXECUTION AND TRANSFER THIRD PARTIES

SfG is entitled to engage third parties in the performance of its obligations arising from the assignment agreement. SfG is entitled to transfer the rights and obligations arising from an agreement with the Client to a third party.
If the Client wishes to transfer rights and/or obligations arising from the event to a third party, the Client must request prior written permission from SfG.
SfG is not liable for damages of any kind and from any cause whatsoever, whether direct or indirect, resulting from shortcomings of third parties.

ARTICLE 9 – TERMINATION OF CONTRACT

SfG is entitled to terminate the agreement with immediate effect without releasing the Client from its obligation to pay the bill if the Client:
- makes improper use of the services of SfG;
- acts contrary to the good name or interests of SfG;
- disseminates information or acts in any other way which is in breach of national or international laws and regulations or which is customary in society;
- files for bankruptcy or is declared bankrupt;
- applies for a moratorium on payments or is granted a moratorium on payments;
  sells his company or liquidates it.
- In the event of illness of the Change Agent and/or other force majeur, SfG shall at all times provide a replacement and at least an equivalent alternative, at no extra cost and of course always in consultation with the Client.
- In the event that SfG is at fault and/or the delivery of the service cannot take place through its fault, it will be assessed in consultation with the Client whether the service can be provided at another time. If this is absolutely impossible, the Client can terminate this agreement and the costs for the service will be cancelled. In this case SfG will credit its invoice(s) and SfG is obliged to return the payments already received within 5 working days to a bank account of the Client.
  The costs for the preparatory work and payed costs of third parties will never be credited, nor reimbursed at the termination of the agreement, not even when there is a force majeure on the side of the Client.
- These costs include, without being exhaustive, at least the following: preliminary meeting costs (€ 350), briefing(s) with the change agents (€ 650 per briefing), the preparations and customization (€ 950 per half day with a minimum of 1 half day), payed travel costs and all other costs and expenses that were already paid or made until the termination.
If the Client terminates an agreement in whole or in part before or on the first date of performance, SfG is entitled to the following compensation:
- up to 60 days before or on the first date of execution of the agreement: 100% of the agreed fee;
- 61 to 90 days or before the first date of performance of the contract: 85% of the agreed fee;
- 91 days or more before the first date of execution of the agreement: 50% of the agreed fee.
- Notwithstanding the provisions of this article, Client shall always be required to pay a minimum of 50% of the full contract price if Client has returned the signed quotation or has confirmed by email that he agrees with the quotation sent.
- If at the time of cancellation the (direct or indirect) damage suffered by SfG is higher than the cancellation fee as set out in this agreement, the Client must reimburse SfG for this higher amount.
- Fees that SfG has invoiced before the dissolution or (full or partial) termination and that it has already delivered in the execution of the agreement remain due and become immediately payable at the time of the dissolution or (full or partial) termination.
- The obligation to pay the fees owed will continue to exist even during a suspension. If SfG resumes delivery after suspension, the associated costs will be charged to the Client.

ARTICLE 10 – LIABILITY & FORCE MAJEUR

SfG accepts no liability and is never obliged to pay compensation for any damage unless such damage is caused by gross negligence or intent or the liability of SfG arises from this article.
SfG’s liability for attributable failure to perform one or more of its obligations under the agreement will only arise if the Client gives SfG notice of default in writing immediately, and in any event no later than one week after the event, granting SfG a reasonable period in which to remedy the failure and if SfG continues to fail attributably to perform the obligation(s) in question even after that period. In no event shall SfG be liable for indirect loss.
The total liability of SfG for an attributable failure to perform its obligation(s) under an agreement is limited to compensation per event not exceeding the fee charged by SfG for its obligation(s) under the agreement, on the understanding that a series of events with the same cause also counts as one event.
SfG shall not be liable for any indirect loss, in any event including consequential loss, loss of profit, lost savings and loss due to business interruption.
The Change Agent may not, in principle, invoke force majeure in the event of traffic or public transport delays or adverse weather conditions, except in the case of extremes such as an accident or a governmental code of conduct (Orange or Red) relating to weather conditions.
If the Client suffers damage as a result of an impediment of the change agent, SfG is not liable.

ARTICLE 11 – NON COMPETITION

For 3 years after the execution of the agreement, the Client is prohibited from having work performed for it or on its behalf by the change agent deployed by SfG.
If there is a breach of what is described in Article 11.1, an immediately payable penalty of the amount paid to the change agent or indirectly to it’s representative, deployed by SfG, but at least €2,500 (in words: FIVE HUNDRED EURO) per day or per performance, is due, without prejudice to SfG’s right to claim performance and/or full compensation.

ARTICLE 12 – DISPUTES AND OTHER PROVISIONS

All agreements entered into by SfG are governed by Dutch law.
Any claim of the Client against SfG will lapse by the mere period of 12 months. This period cannot be interrupted. This period commences on the day following that on which the claim has become due and payable.
All disputes will be submitted to the competent court in Amsterdam, without prejudice to the right of SfG to summon the Client to appear before the competent court in the Client’s place of residence or establishment.
Any provision in this agreement that is wholly or partially void, voidable or otherwise inapplicable will not affect the application of other provisions. For each void, voidable or otherwise inapplicable provision, a valid provision shall take its place that, in terms of scope, is as close as possible to the inapplicable provision.
SfG reserves the right to amend these general terms and conditions unilaterally. Amendments also apply to a contract already concluded. The Client will be informed of any amendments in writing at least 14 days before they take effect.