General terms and conditions
1. Definitions
In these GENERAL TERMS AND CONDITIONS, the following terms shall have the meanings ascribed to them:
– the user: user of the terms and conditions,
Brain-Fit, Weeresteinstraat 130, 2181 GD Hillegom
– the counterparty: Brain-Fit's contractual partner
– the agreement: the treatment agreement.
– the treatment: neurofeedback training
2. Applicability
These GENERAL TERMS AND CONDITIONS apply to all agreements for the provision of services by the user.
3. Formation of the agreement
The agreement between the user and the other party is established after an offer by the user and acceptance of that offer, either in writing or verbally, by the other party.
4. Performance of the contract
The user shall endeavour to perform the treatment to be provided at their best knowledge and ability, in accordance with the requirements of good workmanship. All this on the basis of the then-known state of science.
The user has an obligation of effort towards the counterparty, never an obligation of result. The counterparty acknowledges that with neurofeedback it is not possible to predict the result and the number of treatments required to achieve the effect desired by the counterparty.
The other party shall ensure that all information which the user indicates is necessary, or which the other party ought reasonably to understand is necessary for the performance of the agreement, is provided to the user in good time. If the information required for the performance of the agreement has not been provided to the User in good time, the User shall be entitled to suspend the performance of the agreement and/or to charge the other party for any additional costs arising from the delay in accordance with the usual rates. The User shall never be liable for any loss or damage arising as a result of incorrect and/or incomplete information provided by the other party.
5. Cancellation of appointments and termination of treatment
Appointments for treatment must be cancelled no later than 24 hours before the time of the treatment. If the appointment is not cancelled (in good time), the user is entitled to charge the other party 100% of the cost of the booked treatment.
The treatment may be terminated prematurely if, in the reasonable opinion of either party, it cannot be expected that the party will continue the treatment in accordance with the agreement. If the identified situation cannot be resolved within the treatment, both parties have the right to unilaterally terminate the agreement.
Termination of the agreement shall be in writing, with due observance of a notice period of 14 days.
If a course of treatment comprising several consultations is terminated prematurely, the other party remains obliged to pay for the treatments already carried out. No refund will be given for sessions already attended. Any parts of the treatment course not yet undertaken will be refunded on a pro rata basis.
If the user terminates the treatment programme, the other party is entitled to a refund for the part of the treatment programme not yet undertaken, unless the termination is the result of the other party’s failure to fulfil its obligations.
In the case of demonstrable exceptional circumstances, the user may reasonably deviate from the above provisions.
6. Liability
The user is solely liable for any damage caused during the execution of the treatment to the other party that is a direct result of the user's culpable behaviour. The user’s liability is limited to the fee for the relevant treatment from the moment that the user has demonstrably failed to meet their obligations. The user is never liable for indirect damage, including consequential damage, emotional damage, or damage resulting from decisions made by the other party, whether or not in consultation with the user. The other party is always responsible for their own choices. The application and use always remain entirely at the risk of the other party.
7. Confidentiality
The User shall process the other party’s data in accordance with the Personal Data Protection Act. In the course of such processing, the User shall take all necessary precautions to protect the other party’s interests. Similarly, the other party shall not, without the User’s express consent, disclose to third parties any information regarding the User’s approach, working methods, etc., nor shall it make the User’s reports available to third parties.
Documents created by the user within the scope of the treatment are fully available to the other party. The user remains entitled to use all documents generated by the user, subject to the foregoing. The other party is solely entitled to use protocols and presentation materials for their own use.
8. Price and payment
The fee payable by the other party for the user’s treatment forms an integral part of the agreement with the other party. The fee forms part of the (written) correspondence with the other party. Upon entering into the agreement, the other party becomes obliged to pay the fee. The manner in which the other party fulfils this payment obligation forms part of the agreement. If the other party fails to fulfil its payment obligations, the user is entitled to suspend its work. All sums owed by the other party shall become immediately due and payable to the user if the other party fails to meet its payment obligations, becomes bankrupt, applies for provisional or definitive suspension of payments, is placed under guardianship, if an enforcement attachment is levied on its assets and/or claims, and when the other party goes into liquidation or is dissolved.
9. Force Majeure
The parties shall not be obliged to fulfil any obligation if they are prevented from doing so as a result of circumstances for which they are not at fault, and for which they are not liable under the law, a legal act or generally accepted commercial practice.
For the purposes of these general terms and conditions, ‘force majeure’ is understood to mean, in addition to what is understood by that term in law and case law, all external causes, whether foreseeable or unforeseeable, over which the user has no control, but which prevent the user from fulfilling their obligations. This includes strikes at the user’s place of business.
The user is also entitled to invoke force majeure if the circumstance preventing (further) performance arises after the user should have fulfilled their obligation.
The parties may suspend their obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, each party is entitled to terminate the agreement without any obligation to compensate the other party for damages.
Insofar as the User has partially fulfilled or will be able to fulfil its obligations under the agreement at the time force majeure commences, and the fulfilled or to be fulfilled part has independent value, the User is entitled to invoice the already fulfilled or to be fulfilled part separately. The Counterparty is obliged to pay this invoice as if it were a separate agreement.
10. Disputes
The court at the user’s place of establishment shall have exclusive jurisdiction over disputes, unless the sub-district court judge has jurisdiction. Nevertheless, the user has the right to submit the dispute to the court that is competent according to the law.
The parties will only resort to legal action after they have made every effort to settle a dispute through mutual consultation.
11. Applicable law
Dutch law shall apply exclusively to any agreement between the user and the other party.
12. General provisions
In opposition to these terms and conditions, any terms and conditions of the other party, whether stated or deposited and thereby not binding for the user, shall not be accepted unless they have been expressly agreed to in writing by the user at the time of entering into the agreement.