Terms and conditions

Our terms and conditions

1. Definitions

1. When we collaborate, these are the agreements we make together and both adhere to.

2. While we work as partners, legally speaking, you are the client, and we (Happy Labs) are the supplier. Where we write 'you,' it should be understood as the client as an organization.

3. There may be situations where we need to make different agreements than those mentioned here. We do so formally (in writing or via email) to avoid misunderstandings.

4. If these terms and conditions are translated into another language, the Dutch version prevails in case of ambiguities or disputes.

5. Client terms and conditions do not apply to our collaboration unless we both agree otherwise in writing.

6. When we refer to the 'rental period,' it is the date and time you use our research location.

7. Through a 'reservation,' you secure an option on a combination of research location, facilities, and rental period. A reservation grants you first booking rights but does not obligate us further.

8. When you make a 'booking,' you confirm a combination of date, time, research location, and facilities at the agreed price. From that moment, we guarantee that the location and facilities are available for you at the requested times.

9. We reserve the right to unilaterally amend these Terms and Conditions. If this occurs during an ongoing project, we will inform you of the changes in a timely manner. The new terms will apply to you one month after this notification.

2. From reservation to booking

1. Our quotations are valid for one month.

2. Information about available facilities and rental periods in quotations is indicative; you cannot derive any rights from it.

3. Reservations are valid for a maximum of 2 working days; after that, your first right to booking automatically expires.

4. You cannot make a reservation (and existing reservations expire) if the start date of the rental period is less than 10 working days in the future. If you still wish to claim that rental period, we ask you to make a booking immediately.

5. A reservation becomes a booking once you formally agree (which can be on paper, via email, or through our website) to the chosen date(s) and times, location(s), and desired services and facilities.

6. If you allow us to start without formal approval, the booking is also final, and the contents of our last quotation for the respective rental period apply as an order confirmation.

3. Processing of personal data

1. If you want to provide us with data from your customers for use in the assignment, we will conclude a separate data processing agreement in accordance with Article 28 (3) of the General Data Protection Regulation. In this agreement, we are the "processor," and you are the "data controller."

2. We do not share sensitive information about our collaboration or respondents with others and expect you to do the same. But feel free to advertise us 🙂.

4. Postponement, cancellation

1. Bookings can be canceled or rescheduled free of charge up to 20 working days before the start date of the rental period.

2. If you cancel (or reschedule) a booking less than 20 but more than 10 working days before the start date of the rental period, we will charge 25% of the rental price of the research location and facilities. If you cancel or reschedule less than 10 but more than 5 working days in advance, we will charge 50%, and for cancellations or reschedulings less than 5 working days before the start date, we will charge the full rental price.

3. In addition, in case of postponement or cancellation, we will also charge the costs that we have already incurred for your booking or can no longer avoid. This includes ongoing respondent recruitment or reservations for additional facilities or services for which we must pay cancellation fees.

5. Collaboration

1. We make our collaboration a success together. We ensure that we ask the right questions so that you know what to expect. And we keep you informed about the progress during the assignment. Costs, and/or additional work arising from delays in the assignment (or its administrative processing) due to your actions are your responsibility. This includes not timely providing necessary input, not timely or properly cooperating, not making the right employees, respondents, or unilaterally adjusting the schedule available.

2. If you do not initiate the assignment within 12 months of the order confirmation, we consider it a cancellation, and we will charge the full agreed price. We are then no longer obliged to you regarding the assignment.

6. Financial matters, rates, and additional and reduced work

1. All prices are in euros and excluding VAT.

2. We invoice 50% of the agreed price at the time of booking and the rest afterwards unless we agree otherwise in writing. The final invoice also includes any additional costs we have incurred to execute the assignment properly. We never incur additional costs without consultation and your consent.

3. If you ask us to do work after the booking that is not part of the booking, we will of course also charge for that.

4. If you have instructed us to arrange respondent recruitment, you only pay for the number of respondents who actually participated in the research.

5. Make sure to pay within 30 days. If you disagree with the invoice, let us know in writing within that 30-day payment term.

6. If you pay late, we will charge statutory interest. Additional costs (including reminders, collection agencies, lawyers, legal advisors, and other external experts) will also be charged.

7. During the term of the assignment, we are entitled to annually increase our rates and prices effective from January 1. We do this in accordance with the CBS price index of the previous calendar year, plus up to fifteen percent (15%).

8. If we make a volume agreement with discount rates, and you do not meet the agreed volume during the term of that agreement, you owe us the excess discount enjoyed.

7. Liability

1. If we withdraw because you do not cooperate in the project as agreed, you are liable to pay what we had agreed upon.

2. We handle our equipment properly, and we assume you will too. If something is damaged or missing during your rental period due to your actions, then we will charge you for the repair or replacement costs.

3. In case of force majeure preventing obligations from being fulfilled (such as, but not limited to, fire or business disruptions at Happy Labs or suppliers), the agreement may be terminated in consultation with you. You cannot hold us liable for damage caused by force majeure.

4. You are responsible for ensuring that research in the facilities booked by you and with the respondents invited by or for you is conducted within the limits of the law, ethically correct, and without causing inconvenience to any other users of the research location. Damage resulting from a breach of this article will be claimed from you.

5. Of course, we have liability insurance. So if something does get out of hand, you can count on that. You can hold us liable up to one year after the end of the rental period.

6. You can hold us liable for the mistakes we make unless those errors are caused by poor input from your side. Liability is limited to direct damages, so no loss of profits or loss of turnover, and the like.

7. Termination of the assignment due to attributable shortcomings can only take place after a detailed written notice of default, including a reasonable period for remedying the shortcomings, has been given. If the agreement is terminated, no undoing of the work already provided and the related payment obligation will take place.

8. If one of us goes bankrupt, the other may of course terminate the agreement in whole or in part. Without compensation.

9. If we disagree and cannot resolve it, we will ask the court in Amsterdam to make a ruling.