GENERAL TERMS AND CONDITIONS CAREFREE VIRTUAL ASSISTANCE

 

ASSIGNMENT​

1.1 These terms and conditions, with explicit exclusion of any conflicting conditions from the

client, apply to the relationship between the client and CareFree Virtual Assistance, including

but not limited to all offers from, assignments to, and agreements concluded with CareFree

Virtual Assistance.

1.2 CareFree Virtual Assistance is the contractor (the contractor is never an employee or

subcontractor of CareFree Virtual Assistance).

1.3 All offers are non-binding and valid for four weeks unless the offer states otherwise.

1.4 No rights can be derived from information in quotes, brochures, flyers, social media, or

other materials from CareFree Virtual Assistance.

1.5 The agreement is deemed concluded and fully evidenced by the confirmation of

assignment by CareFree Virtual Assistance.

1.6 CareFree Virtual Assistance determines the manner in which and by whom the

assignment is carried out. Articles 7:404, 7:409, and 7:422 of the Dutch Civil Code are

excluded from assignments to CareFree Virtual Assistance.

1.7 By accepting an assignment, CareFree Virtual Assistance undertakes a best-efforts

obligation. CareFree Virtual Assistance performs the work to the best of its ability and as a

diligent professional. However, no guarantee is given for achieving the intended result.

1.8 The client must provide CareFree Virtual Assistance with all data and information

necessary for the handling of the assignment. If this requirement is not met, CareFree Virtual

Assistance is entitled to suspend the execution of the assignment.

1.9 The client must promptly inform CareFree Virtual Assistance of any facts and

circumstances that are relevant to the execution of the assignment. Furthermore, the client

guarantees the accuracy, completeness, and reliability of the data and information provided

to CareFree Virtual Assistance.

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INVOICES

2.1 All rates are exclusive of VAT and other government-imposed levies.

2.2 CareFree Virtual Assistance is entitled to periodically adjust its rates.

2.3 In addition to the fee, the client owes CareFree Virtual Assistance reimbursement for

expenses such as travel and accommodation costs, which will be substantiated as much as

possible in the invoice.

2.4 By granting the assignment and its acceptance by CareFree Virtual Assistance, the client

accepts liability for the payment of invoices related to the assignment.

2.5 CareFree Virtual Assistance is entitled to charge an advance payment.

2.6 CareFree Virtual Assistance is entitled to issue interim invoices.

2.7 Payments made by the client will always first be applied to settle accrued interest, costs,

and damages, and subsequently to settle the oldest outstanding invoices.

2.8 Payments by the client must be made without deduction, discount, or set-off.

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TIMELY PAYMENT

3.1 The payment term for invoices is fourteen days from the invoice date. Objections to the

amount of the invoices do not suspend the payment obligation of the client.

3.2 If an invoice or an advance as referred to in Article 3 is not paid within the payment term

and despite a written reminder from CareFree Virtual Assistance, the execution of the

assignment may be suspended. The client will be notified in writing of such suspension.

3.3 Complaints about invoices and performances by CareFree Virtual Assistance must be

submitted within seven days of the moment when the client became or could reasonably

have become aware of the act or omission giving rise to the complaint. Filing a complaint

does not release the client from the obligation to pay invoices on time and does not affect the

provisions in the second paragraph.

3.4 If the client fails to pay the invoice within the payment term, the client is in default after

being formally notified. From the moment the term specified in the notice of default has

expired, the client owes CareFree Virtual Assistance statutory commercial interest on the full

invoice amount.

3.5 If CareFree Virtual Assistance must take collection measures to collect one or more

outstanding invoices, the client will also owe extrajudicial collection costs amounting to ten

percent of the outstanding claim, with a minimum of €250.

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LIABILITY

4.1 If one or more errors are made in the work performed in the execution of the assignment

given to CareFree Virtual Assistance and CareFree Virtual Assistance is liable for these, the

total compensation for damages to be paid to the client and third parties in relation to this

work is limited to the amount of the last invoice.

4.2 In the event of liability on the part of CareFree Virtual Assistance, it is only liable for

compensatory damages, i.e., reimbursement of the value of the underperformed service.

4.3 This limitation of liability also applies if CareFree Virtual Assistance is liable for errors in

equipment, software, data files, registers, or other items used by it in the execution of the

assignment.

4.4 The limitation of liability also applies if CareFree Virtual Assistance has refused its

services and this has resulted in damage.

4.5 Any claim by the client expires one year from the moment the claim arose.

4.6 This limitation of liability is also made for the benefit of those who work for CareFree

Virtual Assistance, whether or not in employment, so they can also invoke this limitation of

liability.

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DURATION

5.1 The agreement is entered into for an indefinite period unless both parties agree in writing

on a fixed term.

5.2 The agreement may be terminated immediately by either party by registered letter in the

event that the other party is unable to meet its financial obligations, a trustee, administrator,

or liquidator has been appointed, it ceases its activities, or if a situation arises justifying

immediate termination.

5.3 After the assignment has been terminated by CareFree Virtual Assistance, all documents

originating from the client in the file will be made available to the client. The client may

request these from CareFree Virtual Assistance. CareFree Virtual Assistance will retain the

remaining file for seven years.

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GENERAL

6.1 Both parties shall maintain confidentiality regarding confidential information obtained

about and from the other party during the assignment.

6.2 CareFree Virtual Assistance reserves all intellectual property rights concerning

intellectual products, such as methods, advice, and contracts, which CareFree Virtual

Assistance uses/develops in the execution of the assignment and for which CareFree Virtual

Assistance holds copyrights or other intellectual property rights.

6.3 The client is prohibited from reproducing, publishing, or exploiting these products.

6.4 During the execution of the assignment, the parties will communicate via email. The

parties acknowledge the risks associated with this, such as distortion, delay, and viruses. The

parties are not liable to each other for damage resulting from the use of email. Both parties

will take all reasonably expected measures to prevent the aforementioned risks.

6.5 The contractor is not permitted to transfer the agreement to third parties unless the client

agrees to this in writing. The client remains jointly and severally liable for the obligations

arising from the agreement and these general terms and conditions.

6.6 The client indemnifies CareFree Virtual Assistance against any claims from third parties

who suffer damage in connection with the execution of the agreement and whose cause is

attributable to parties other than the contractor.

6.7 In the event of force majeure, the contractor retains the right to suspend the agreement

temporarily or prematurely without any obligation to pay damages.

6.8 Any amendment to the agreement can only be made by written confirmation from

CareFree Virtual Assistance.

6.9 Dutch law applies to the agreement between CareFree Virtual Assistance and its clients.

6.10 Disputes will exclusively be settled by the competent Dutch court.