Health Devotion Terms and Conditions
1. Applicability. Health Devotion is a sole proprietorship incorporated under Dutch law, focusing on strategic advice and its implementation in the life sciences and healthcare sectors, interim management solutions, and professional training. These general terms and conditions apply to all assignments, instructions, and activities to be carried out by Health Devotion arising from the legal relationship between a client and Health Devotion, of which these general terms and conditions form a part, including any follow-up, amended, or supplementary assignment or instruction (hereinafter collectively referred to as: "Assignment"). These general terms and conditions also apply to all persons engaged by Health Devotion in the execution of the Assignment and to persons for whose actions or omissions Health Devotion could be liable. Any general terms and conditions used by the client that conflict with these general terms and conditions shall not apply unless they have been expressly accepted in writing by Health Devotion. Health Devotion shall not be bound by any exclusion of the applicability of these general terms and conditions contained in the client's acceptance.
2. Fees and costs. The consideration owed by the client may include fees, office expenses, and travel expenses. All amounts are exclusive of VAT. Health Devotion may request an advance payment that will be deducted from the final invoice.
3. Payment. Invoices must be paid within 30 days of the invoice date without suspension and/or offset. If this period is exceeded, the client will be in default and will owe statutory interest on the outstanding amount, as well as all costs associated with collecting the amount due.
4. Liability. Health Devotion is only liable for shortcomings in the execution of the Assignment to the extent that these are attributable to deliberate recklessness with regard to the execution of the Assignment. Health Devotion is never liable for damages resulting from the failure or untimely provision by the client of complete and accurate information. Health Devotion is never liable for consequential damages. If the execution of an Assignment by Health Devotion leads to liability, this liability is limited to the amount paid in the relevant case under the applicable liability insurance, plus Health Devotion's deductible under this insurance. If, for whatever reason, no payment is made under an insurance policy, Health Devotion's liability is limited to the amount received by Health Devotion from the client in the relevant case during the last six (6) months, excluding disbursements and sales tax.
5. Third Parties. Health Devotion may engage third parties to assist it in carrying out the Assignment, or may have the work carried out in whole or in part by third parties. Health Devotion will consult with the client in advance whenever possible. Health Devotion is entitled to accept any limitations of liability and other general terms and conditions of third parties engaged by it on behalf of the client. Health Devotion is not liable for any shortcomings of these third parties.
6. Refusal, suspension, and termination. If the client fails to fulfill its financial or other obligations, Health Devotion is authorized to refuse, suspend, or terminate the execution of the Order or work. Health Devotion is not liable for any damages resulting from refusal, suspension, or termination of its work.
7. Limitation. Claims and other rights against Health Devotion, for whatever reason, expire if they are not submitted to Health Devotion in writing and with reasons within one month of the moment the client was aware or could reasonably have been aware of the facts on which they base their rights or rights.
8. Indemnification. The Client shall indemnify Health Devotion against all third-party claims, including legal costs, related to the Assignment Agreement.
9. Language. These terms and conditions are available in Dutch and English. In the event of a dispute regarding the content or scope of these terms and conditions, the Dutch text shall prevail.
10. Applicable law and choice of forum. The legal relationship between the client and Health Devotion is governed by Dutch law. Disputes will be settled by the competent court in Overijssel, located in Zwolle. If Health Devotion acts as the plaintiff, it is entitled, by way of exception, to bring the dispute before the foreign court appropriate for the client.
