General terms and conditions

Contractor

• de Kunst van Werken B.V., trading as York and Philip
• KvK number: 94098344
• Email: info@dekunstvanwerken.nl
• Telephone: +31 (0) 6 38 90 32 64

1. Definitions

• Contractor: de Kunst van Werken B.V., trading as York and Philip.
• Client: the natural or legal person who enters into an agreement with the Contractor.
• Agreement: any agreement between the Client and the Contractor for the provision of services.
• Services: all work the Contractor delivers to the Client, including occupational health services, absence management, consultation hours, periodic medical examinations, pre-employment medicals, return-to-work support and advice.

2. Applicability

These general terms and conditions apply to all offers, quotations and agreements of the Contractor. Purchasing or other conditions of the Client do not apply unless expressly agreed in writing.

3. Offers and quotations

All offers and quotations are without obligation and valid for 30 days unless stated otherwise. The Contractor is bound only after the Client has accepted the quotation in writing or by email.

4. Formation and amendment of the agreement

The agreement is formed when the Contractor has sent an order confirmation or has actually started performance. Amendments or additions to the agreement are valid only if recorded in writing.

5. Performance: best-efforts obligation

The Contractor performs the Services to the best of its knowledge and ability and in accordance with the standards of good professional practice, on the basis of a best-efforts obligation. The Contractor cannot guarantee specific results, such as a particular absence rate or medical outcome.

The Contractor may engage third parties for the performance of the agreement, including registered core experts.

6. Cooperation by the Client

The Client ensures that all data and information the Contractor indicates are necessary are provided in good time. Delay resulting from information not being provided, or not being provided in time or properly, is for the account and risk of the Client.

7. Prices and invoicing

All prices are in euros and exclusive of VAT unless stated otherwise. The Contractor may index its rates annually. Invoicing takes place in the manner agreed in the agreement, where applicable on the basis of time spent and costs incurred.

8. Payment

Unless agreed otherwise, the payment term is 30 days from the invoice date. If payment is not made on time, the Client is in default by operation of law and owes the statutory commercial interest as well as extrajudicial collection costs in accordance with the Dutch Act on the Standardisation of Extrajudicial Collection Costs (Wet normering buitengerechtelijke incassokosten).

9. Confidentiality and medical confidentiality

The parties are bound to keep confidential all confidential information obtained in the context of the agreement. Health data are covered by medical confidentiality; the occupational physician and other care providers share only the information necessary for reintegration and permitted by the applicable laws and regulations.

10. Processing of personal data

Personal data are processed in accordance with the GDPR and the privacy policy of the Contractor. Where the Contractor acts as processor on behalf of the Client, the parties conclude a separate processing agreement.

11. Liability

The liability of the Contractor for direct damage arising from or related to the performance of the agreement is limited to the amount paid out in the case concerned by its professional or business liability insurance, plus the applicable excess. If no payment is made, liability is limited to the amount invoiced to the Client, exclusive of VAT, in the twelve months preceding the event that caused the damage.

The Contractor is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.

12. Force majeure

Force majeure means any circumstance beyond the control of the Contractor that prevents or seriously impedes performance of the agreement. In the event of force majeure the Contractor may suspend performance or terminate the agreement without being liable for any compensation.

13. Term and termination

Agreements are entered into for the term stated in the agreement. Agreements for an indefinite period are subject to a notice period of three months unless agreed otherwise. Termination takes place in writing.

14. Complaints

Complaints about the performance of the Services can be submitted in accordance with the complaints procedure of the Contractor.

15. Governing law and competent court

These general terms and conditions and every agreement between the Contractor and the Client are governed exclusively by Dutch law. Disputes arising from or related to the agreement are submitted exclusively to the competent court in the district where the Contractor has its registered office.

16. Final provisions

If any provision of these terms and conditions is void or voidable, the remaining provisions remain in full force. The parties replace the affected provision with a valid provision that comes as close as possible to the purpose and intent of the original.