General Terms and Conditions
MEPD General Terms and Conditions
Development, Outplacement, and Reintegration
Article 1. Definitions
In these general terms and conditions, the following terms have the following meanings:
1. MEPD: the company, a member of OVAL, offering services in the field of development, outplacement, and reintegration.
2. Client: any natural or legal person who commissions the services referred to in Article 2 of these general terms and conditions.
3. Assignment: the written agreement of services between MEPD and the client.
4. Participant: the natural person to whom the services of MEPD are provided.
Article 2. Applicability
1. These general terms and conditions apply to all quotations, assignments, and agreements of MEPD regarding development, outplacement, and reintegration.
2. The general terms and conditions apply to agreements with consumers and non-consumers.
Article 3. Applicable Law
1. Dutch law applies to the agreement.
2. All disputes between the parties involved in the assignment, including those considered as such by one of the parties, shall be settled by the competent court of the judicial district of Overijssel.
Article 4. Engagement Agreement
1. All offers made by MEPD are non-binding and are valid for 30 days, unless otherwise stated.
2. The prices in the quotations are exclusive of VAT unless otherwise stated.
3. An assignment must be approved by the client before the start of the assignment.
4. In the event of disputes regarding the execution of work, the engagement agreement prevails.
Article 5. Compensation and Payment
1. MEPD will provide a clear and unambiguous overview of the costs to be charged for the assignment in advance.
2. If estimated costs are exceeded, this will be communicated to the client.
3. In case of delays in the assignment due to the client’s actions, additional costs may be charged without notification.
4. The client is required to pay or ensure payment of invoices submitted by MEPD in full within 14 days of the invoice date, without any discount or setoff.
5. In case of late payment, guidance or advice may be suspended or terminated, without prejudice to the client’s payment obligation.
6. After the payment term has expired, the client is in default; from the moment of default, the client owes statutory interest in addition to the amount due.
7. All collection costs, including all legal assistance costs both in and out of court, are entirely at the client’s expense.
8. MEPD reserves the right to charge 15% of the relevant invoice for extrajudicial costs without the need for further specification.
9. Complaints regarding an invoice must be submitted in writing to MEPD within 14 days of the invoice dispatch date.
Article 6. Use of Information and Facilities
1. The facilities, information, and services of MEPD are available to the participant solely for personal use in connection with their own process in the context of development, outplacement, and/or reintegration.
2. Participants and/or clients are not permitted to use the facilities, information, and services of MEPD for commercial purposes, publication, or any other use except as agreed with MEPD.
Article 7. Confidentiality, Secrecy
1. Participants and/or clients are required to maintain confidentiality regarding confidential information that they have obtained in the context of their agreement from each other or from another source.
2. Information is considered confidential if its confidentiality has been indicated, or if this results from the nature of the information.
3. In case of improper use of the provided information and facilities as referred to in Article 6, MEPD will charge the resulting damages to the client.
4. MEPD reserves the right to use any knowledge gained from performing services for other purposes, as long as no confidential or personally or organizationally identifiable information is disclosed to third parties.
Article 8. Privacy and Personal Data
1. MEPD and the client are both considered data controllers within the meaning of the General Data Protection Regulation (GDPR) with regard to the personal data they process and exchange in the context of the assignment.
2. MEPD will inform the participant of any personal data registered about him or her, as well as how, when, and for which purpose(s) this data is processed by MEPD.
3. MEPD has a privacy statement and will comply with the content of the privacy statement as well as the applicable privacy regulations, including the GDPR, in executing the assignment.
4. MEPD undertakes to impose the obligations mentioned in the previous paragraph of this article on third parties engaged by MEPD in carrying out the agreement and the resulting assignment for the benefit of the Client.
5. The client will, if applicable, inform the participant that personal data will be provided to MEPD before the execution of the assignment commences.
Article 9. Liability
MEPD is not liable for any damages, of whatever nature, resulting from MEPD relying on incorrect and/or incomplete data provided by the client and/or participant.
Article 10. Termination of Service
MEPD reserves the right to terminate the service prematurely if:
a) The trust between the client and MEPD is damaged to such an extent that continuation of the assignment can no longer reasonably be expected.
b) The participant obstructs the guidance to such an extent that effective guidance is no longer possible.
c) The costs associated with the assignment are not paid by the client.
d) Due to force majeure as referred to in Article 10 of these conditions.
Before proceeding, MEPD will warn the client in writing.
Article 11. Force Majeure
1. Force majeure means circumstances that prevent fulfillment of the obligation and cannot be attributed to MEPD.
2. MEPD is entitled to invoke force majeure if the circumstance preventing (further) fulfillment occurs after MEPD has commenced execution of the assignment.
3. During the force majeure situation, MEPD’s obligations are suspended.
4. If the period during which compliance by MEPD is not possible due to force majeure lasts longer than eight weeks, both parties are entitled to dissolve the agreement without any obligation to pay compensation in that case.
