ARTICLE 1. Definitions
In these General Terms and Conditions, the following words have the following meaning:
- Contractor: the natural or legal person who offers its Services as a Specialist, also acting under the name Anykind, established [address franchisee] in [ place].
- Specialist: the independent entrepreneur who offers and performs the Services, specified in the Contract for Services, subject to these General Terms and Conditions.
- Commissioning company : the natural or legal person who has commissioned the Contractor to perform Services as specified in the Contract for Services.
- Client: the natural person involved in the performance of the Services.
- Website: the website under www.anykind.org
- Services: the agreed activities as specified in the Contract for Services.
- Agreement: The assignment agreement between the client and the contractor for the provision of Services by the contractor to the client for the benefit of the Client.
- Personal data: any information about an identified or identifiable natural person.
- Processing of Personal Data: including collecting, recording, organizing, storing, updating, changing, consulting, retrieving, using, forwarding, distributing, making available, erasing, destroying.
- Terms and Conditions: These General Terms and Conditions, which form an integral part of the assignment agreement between the Client and the Contractor.
- Professional association:
- Netherlands Institute for Psychologists (NIP)
- Dutch Association of Pedagogues and Educational Experts (NVO)
- Youth Quality Register Foundation (SKJ)
- National Professional Association of Remedial Teachers (LBRT)
- ARTICLE 2. Applicability of the General Terms and Conditions
ARTICLE 2. Applicability of the General Terms and Conditions
- These Terms and Conditions apply to all Agreements, legal relationships and quotations of the contractor.
- Quotations and/or offers made by the contractor are without obligation and expire after 14 days, unless stated otherwise in the quotation.
- Deviations from these General Terms and Conditions are only valid if and insofar as they have been agreed in writing between the client and the contractor.
- Any purchase or other General Terms and Conditions of the client do not apply, unless the contractor has expressly accepted them in writing.
- If one or more provisions of these General Terms and Conditions are null and void or should be nullified, the other provisions of these General Terms and Conditions will remain fully applicable. The client and the contractor will then enter into consultation to agree on a new provision to replace the invalid or voided provision, as much as possible in accordance with the purpose and purport of the original provision.
- These General Terms and Conditions also apply to additional assignments and follow-up assignments and Services of the client.
- These Terms and Conditions also apply to any Agreement in which third parties are involved for the implementation by the contractor.
ARTICLE 3. Establishment of the Agreement
- The Agreement between the contractor and the client is concluded for the first time after the Agreement has been signed by the client. The Agreement is also deemed to have been concluded if the contractor sends an order confirmation to the client electronically.
- Contrary to paragraph 1, the contractor and the client are free to prove that the Agreement was concluded in a different manner and time.
- The prices in the quotations and the Agreement are exclusive of VAT, unless expressly stated otherwise.
ARTICLE 4. Consent
- The commissioning company and the client are aware of the fact that the written permission of the commissioning company and/or the client is required for certain Services and for the processing of special Personal Data. The consent form must be signed separately and forms an integral part of the Agreement.
ARTICLE 5. Execution of the Agreement
- Every Agreement leads to a best effort obligation for the contractor, whereby the contractor is obliged to perform its work to the best of its knowledge and ability, in accordance with the requirements of good workmanship, the current state of the field and science.
- In all cases in which the contractor deems it useful or necessary, it has the right – in consultation with the client – to have certain work performed by third parties or to be assisted by third parties.
- Parties can agree to have the sessions take place partially or completely online. It is not permitted to record sessions, whether or not to publish them, or to reproduce and exploit them with the involvement of third parties. The contractor also guarantees online, including with regard to software and environment, to work in accordance with the AVG guidelines and safety standards.
- The client will ensure that all information that the contractor indicates is necessary for the performance of the Agreement is provided to the contractor in a proper, complete and timely manner. If the information required for the implementation of the Agreement has not been provided to the contractor in time, the contractor has the right to suspend the implementation of the agreement and/or to charge the additional costs resulting from the delay to the client in accordance with the usual rates.
- If a term has been agreed for the completion of certain work by the contractor, this is not a strict deadline, unless expressly agreed otherwise. Exceeding the agreed term therefore does not constitute an attributable shortcoming on the part of the contractor. For that reason, the client cannot dissolve the Agreement and is not entitled to compensation.
- If the agreed term is exceeded, the client may set a new, reasonable term within which the contractor must perform the agreement.
- When the contractor is instructed to perform an assignment or part thereof in collaboration with a third party, the client will determine in consultation with all parties involved what everyone’s duties are.
- If it appears during a treatment process that it is desirable for proper implementation to change the agreed duration or content, the parties will proceed to amend the agreement in good time and in mutual consultation. As a result, the originally agreed amount can also be increased. The contractor will provide a quotation in advance as much as possible.
ARTICLE 6. Applicable rules of conduct and complaints
- The contractor performs the services with due observance of the code of conduct of the Professional Association of the affiliated Specialist.
- The complaints procedure of Anykind applies to complaints. This complaints procedure can be found at www.anykind.org/klachtenprocedure.
- A complaint must be reported to the contractor in writing and as soon as possible, at the latest within 8 days after the act or omission that gave rise to the complaint or within 8 days after it could reasonably be established that the act or omission gives rise to a complaint.
- If you are not satisfied with the outcome of the handling of the complaint, you can call in the complaints officer. You can reach the complaints officer via:email@example.com
- If your complaint has not been resolved after following the procedure described above, you can submit a complaint to the Supervisory Board of the relevant Professional Associations of the Specialist.
- Complaints and the method of handling are registered and kept for two years.
- Claims and defenses, based on the assertion that the contractor has failed in any way, become statute-barred six months after termination of the assignment to which they relate.
- The contractor will explicitly ask the commissioning company and/or the client for permission to use the Client’s visual material for portfolio, social media and newsletters. The Client may withdraw this written permission at any time.
- The commissioning company and/or client has the right to view, correct or delete his Personal Data. Requests for inspection, correction or removal can be submitted to firstname.lastname@example.org. The contractor will respond to your request as soon as possible, but within four weeks.
- The contractor takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized changes. The contractor’s Website uses a reliable SSL Certificate to ensure that your Personal Data does not fall into the wrong hands.
If you suspect your data is not properly secured or there are indications of misuse, or if you would like more information about the security of Personal Data collected by the contractor, please contact the contractor.
ARTICLE 8. Payment
- The client is obliged to pay the invoices within 14 days of the invoice date. When a payment is made by means of a transfer, the client must state the invoice number as well as the name of the client with the payment.
- If the client fails to pay the invoices on time, the contractor will give the client 14 days by means of a reminder to still meet the payment obligation free of charge. If the client again fails to pay after a reminder, the client will transfer the claim to a collection agency. The additional costs incurred by the contractor, such as extrajudicial costs and/or judicial costs for the collection of the invoice, will be borne by the client. From the date that he or she is in default with payment, the client is also obliged to pay the statutory interest to the contractor pursuant to Section 6:119 of the Dutch Civil Code.
- Any objection to the amount of an invoice from the contractor must be made known in writing to Anykind within 14 days after it has been sent. If no objection or motivation is forthcoming within the set term, the client is deemed to agree with the amount of the invoice. An objection does not release the client from its obligation to pay the invoice, unless Anykind confirms this in writing.
- The contractor is authorized to adjust the prices annually. In the case of current Agreements, the contractor will submit the price increase to the client for approval before adjusting the prices.
- If the invoices are not paid, the contractor is authorized to suspend its work until payment has been made.
ARTICLE 9. Cancellation conditions
- Cancellation by the client must be made by e-mail. In the event of late cancellation no later than 24 hours before the start of the agreed Service, the contractor is obliged to charge the costs for the relevant service to the client. In the event of cancellation by the contractor, no costs will be charged.
ARTICLE 10. Intellectual Property Rights
- All intellectual property rights with regard to reports, working methods, advice and other intellectual products accrue to the contractor. Without prior written permission from the contractor, the commissioning company and/or client is not permitted to publish the products produced, or to reproduce and exploit them with the involvement of third parties. The foregoing prohibition does not apply to private use by the commissioning company or the client.
- The contractor reserves the right to use the increased knowledge resulting from its activities for other purposes, provided that no confidential information is disclosed to third parties.
- In the event of a violation of this article, the commissioning company or the client will immediately forfeit, without notice of default being required, a due and payable penalty of €500 per violation per day, for each day that the violation continues. The foregoing does not affect the contractor’s right to claim full compensation.
ARTICLE 11. Liability
- The contractor is only liable to the commissioning company and/or client for damage that is directly and exclusively the result of a serious attributable shortcoming on the part of the contractor in the performance of the Agreement.
- If the contractor is liable for damage suffered by the commissioning company or client, then its liability is limited to the amount that is paid out in the relevant case pursuant to the contract concluded by the contractor. professional liability insurance or other liability insurance, increased by the deductible applicable to the client, whereby the total of these amounts is limited to the maximum amount of the insurance.
- If, for whatever reason, no insurance payment is made, the liability of the contractor towards the commissioning company and/or client is limited to the fee of the assignment to which the liability relates.
- The contractor is not obliged to pay compensation for indirect damage suffered by the commissioning company or client, including but not limited to consequential damage, lost profit and damage as a result of business interruption.
- The contractor is not liable for damage suffered by the commissioning company or client, of any nature whatsoever, if the contractor based the performance of its assignment on incorrect and/or incomplete information provided by the client, unless this inaccuracy or incompleteness was or should have been clearly known to the contractor to be.
- The client indemnifies the contractor against all claims (such as damage and legal claims) from third parties that are related to the performance of the Agreement between the commissioning company and the contractor, unless it concerns claims resulting from serious shortcomings on the part of the contractor.
- The contractor is never liable for damage caused by intent or gross negligence on the part of third parties.
- If the contractor is liable, the client must inform the contractor immediately, but within one month after discovering the damage, of the damaging event.
- If the commissioning company and/or client has not brought any claim against the contractor into court within 1 year after the discovery of the damage, this legal claim will lapse after the expiry of the year.
ARTICLE 12. Force Majeure
- The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to their fault, and is not for their account by virtue of the law, a legal act or generally accepted views.
- In these General Terms and Conditions, force majeure means, in addition to what is understood in this respect by law, all external causes, foreseen or unforeseen, over which the contractor cannot exert any influence, but as a result of which the contractor is unable to fulfill its obligations. This includes illness at the contractor’s company.
- The contractor also has the right to invoke force majeure if the circumstance that prevents (further and) timely fulfillment occurs after the contractor should have fulfilled its obligations.
- Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 14 days, each of the parties is entitled to dissolve the Agreement, without any obligation to pay damages to the other party.
Article 13 Applicable law and disputes
- Dutch law applies to all Agreements and legal acts between the client and the contractor.
- If the contractor and the commissioning company or client have a dispute arising from this Agreement, they are obliged first to try to resolve this dispute in mutual consultation. If mutual consultation does not lead to a solution, both parties are obliged to make an effort to resolve this dispute through mediation.
- If mediation also fails to resolve the dispute, the District Court of The Hague has exclusive jurisdiction to hear the dispute.
These General Terms and Conditions have been filed with the Chamber of Commerce and were last amended on 12 June 2018.