Article 1: General
These terms and conditions are relevant to all areas of special attention, tenders and agreements of Van Harte Petersen (VHP) and customers, and respectively their legal successors.

Article 2: Contract and Provision for Contract
VHP confirms the contract by remitting a contract confirmation. VHP contract confirmations are based on the information which is provided by the customer. The customer acknowledges that he/she has provided all information which is of importance for the contract and execution thereof to the best of his/her ability. VHP will carry out its contractual obligations with the best possible insight and ability and with the utmost care. This obligation is in the nature of an “obligation of exertion” with regard to the fact that VHP cannot guarantee achievement of the intended result within the intended timeframe.

Article 3: Provision of Assistance by the Customer
In order to ensure competent execution of the contract within the timeframe, the customer will provide all documents and information as deemed necessary to VHP in good time.

Article 4: Assistance Provided by Third Parties
When necessary use will be made of the expertise of freelance psychologists and coaches. Depending on the request, VHP will select fit expertise of third parties. VHP disposes of a group of psychologists and coaches of which she can guarantee expertise and quality, all of which are members of official Dutch professional associations.

Article 5: Honorarium
The contract confirmation contains details pertaining to the agreed honorarium.

Article 6: Payment Terms
• Selection- and development assessment: payment after the assessment;
• Coaching: payment for the agreed number of sessions before start of the coaching series; extra sessions will be invoiced after each session;
• Outplacement: payment of the fixed tariff beforehand; the agreed success fee will be invoiced as soon as the candidate has formally signed an employment contract with a new employer;
• Other VHP-activities: payment beforehand.
In case of coaching or outplacement the customer will take care that the invoice has been made payable before start of the sessions. If the customer fails to act according to abovementioned agreements, VHP has the right to postpone the start of the activities until payment has been made. Payments of amounts invoiced afterwards, have to be made within 14 days after the date of invoice.

Article 7: Conditions of cancellation
• Selection- and development assessments:
o 1 - 2 weeks before the planned assessment: 25% of the assessment fee;
o 2-5 working days before the assessment: 50% of the assessment fee;
o The day before the assessment or the day of the assessment: 100% of the assessment fee.
• Coaching and outplacement:
o 1 - 2 weeks before start of the sessions: 25% of the agreed tariff;
o < 5 weekdays before start of the sessions: 50% of the agreed tariff;
o When the customer cancels the assignment during the course of the coaching- or outplacement sessions or when the candidate terminates participation prematurely during the course of the coaching- or outplacement sessions there will be no restitution of previously invoiced amounts;
• Other VHP-activities: there will be no restitution of previously invoiced amounts when it comes to lectures or other activities organised by VHP when participants decide not to be present.

Article 8: Confidentiality
VHP will handle all information and data pertaining to the customer and employees and clients of the customer with complete confidentiality. Within the scope of the contract, VHP will take all reasonable measures possible to ensure protection of the customer’s interests. VHP will only make information regarding a candidate known when the candidate has given consent. The customer will handle all information regarding candidates, those from VHP as well as those the customer has self obtained, with complete confidentiality, and will not relinquish information to third parties.

Article 9: Liability
VHP is in no way liable for any damage of whatsoever kind caused in any way by the candidate.

Article 10: Applicable Rights
These terms and conditions are in accordance with and subject to Dutch law.

 

January 2009