{"id":2080,"date":"2025-12-11T19:28:46","date_gmt":"2025-12-11T19:28:46","guid":{"rendered":"https:\/\/triasvita.com\/?page_id=2080"},"modified":"2025-12-13T14:38:47","modified_gmt":"2025-12-13T14:38:47","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/triasvita.com\/index.php\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"\n<p><strong>Article 1. DEFINITIONS<\/strong><\/p>\n\n\n\n<p>In these general terms and conditions, the following is understood by:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><strong>Documents:<\/strong> all information or data made available by the <em>client<\/em> to the <em>contractor<\/em>; all data produced or collected by the <em>contractor <\/em>in the context of the execution of the <em>agreement <\/em>or <em>assignment<\/em>; and all other information of any relevance for the execution or completion of the <em>assignment<\/em>. The aforementioned information may or may not be stored on (in)tangible data carriers and may or may not be held by third parties.<\/li>\n\n\n\n<li><strong>Intellectual Property:<\/strong> referred to as <em>intellectual property<\/em> rights, includes all rights of ideas, creations, concepts, and inventions conceived by <em>Trias Vita<\/em>, which are exclusively reserved to <em>Trias Vita<\/em>. This concerns the rights protected, among other things, by copyright, design and model rights, trademark law, patents, trade name law, the Dutch Wet bescherming bedrijfsgeheimen (Trade Secrets Protection Act), and\/or by registration with the BOIP (Benelux Office for Intellectual Property) I-depot.<\/li>\n\n\n\n<li><strong>Employee:<\/strong> a natural person employed by or associated with the <em>contractor<\/em>, whether or not based on an employment contract.<\/li>\n\n\n\n<li><strong>Client:<\/strong> the natural person(s) or legal entity(ies) that commissioned the performance of <em>services<\/em>.<\/li>\n\n\n\n<li><strong>Contractor:<\/strong> the company <em>Trias Vita<\/em>, which has accepted the <em>agreement<\/em> or <em>assignment<\/em>. All <em>agreements <\/em>are accepted and executed solely by <em>Trias Vita<\/em> unless <em>Trias Vita<\/em> explicitly indicates to the <em>client<\/em> that it will (partially) make use of third-party <em>services<\/em>.<\/li>\n\n\n\n<li><strong>Agreement or assignment:<\/strong> the agreement of assignment between the <em>contractor<\/em> (being <em>Trias Vita<\/em>) and the <em>client<\/em> regarding the <em>services <\/em>to be provided.<\/li>\n\n\n\n<li><strong>Trias Vita:<\/strong> the company registered with the Chamber of Commerce under number 80076718.<\/li>\n\n\n\n<li><strong>Services:<\/strong> all tasks and actions to be performed by the <em>contractor<\/em> towards the <em>client<\/em> as specified in the <em>assignment<\/em> and accepted by the <em>contractor<\/em>, as well as all resulting tasks and actions for the <em>contractor<\/em>.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 2. APPLICABILITY<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>These general terms and conditions apply to: all offers, quotations, <em>assignments<\/em>, legal relationships, and <em>agreements<\/em>, whatever they may be called, upon which the <em>contractor<\/em> agrees or will agree to perform <em>services <\/em>for the <em>client<\/em>, as well as to all <em>services<\/em> resulting therefrom for the <em>contractor<\/em>.<\/li>\n\n\n\n<li>Deviations from and additions to the <em>assignment<\/em> and\/or these general terms and conditions are only valid if they have been explicitly and in writing agreed upon in a written <em>agreement<\/em> or a further confirmation of <em>assignment<\/em>.<\/li>\n\n\n\n<li>If any provision in these general terms and conditions deviates from a provision in the order confirmation, the provision included in the order confirmation shall apply in the contradiction.<\/li>\n\n\n\n<li>These general terms and conditions also apply to any additional <em>assignments <\/em>and\/or follow-up <em>assignments<\/em>.<\/li>\n\n\n\n<li>If there is any ambiguity regarding one or more provision in these general terms and conditions and\/or a situation arises that is not covered by these general terms and conditions, this\/those provision(s) and\/or situation should be interpreted &#8216;in the spirit&#8217; of these terms and conditions.<\/li>\n\n\n\n<li>The contractor hereby explicitly rejects the applicability of the client\u2019s general terms and conditions.<\/li>\n\n\n\n<li>These general terms and conditions can also be invoked by those natural persons and legal entities who may make use of, directly or indirectly, in any manner whatsoever, whether or not based on an employment <em>agreement<\/em>, are involved in the provision of <em>services<\/em> to the <em>client<\/em> by or on behalf of the <em>contractor<\/em>.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 3. CONCLUDE AN AGREEMENT<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>An <em>agreement<\/em> is concluded only if it has been accepted in writing by both the <em>contractor<\/em> and the <em>client<\/em> through an <em>agreement <\/em>and\/or (additional) order confirmation.<\/li>\n\n\n\n<li>By concluding an <em>agreement<\/em> in accordance with article 3 paragraph 1, both the <em>client <\/em>and the <em>contractor<\/em> also agree to be bound by the then applicable general terms and conditions and privacy statement (or privacy policy) prepared by and\/or on behalf of the <em>contractor<\/em>.<\/li>\n\n\n\n<li>By concluding an <em>agreement <\/em>as a <em>client<\/em>, the <em>client<\/em> thereby declares to have taken note of <em>Trias Vita<\/em>&#8217;s applicable general terms and conditions and privacy policy, to have read them on the website https:\/\/triasvita.com or otherwise as mentioned under Article 3, paragraph 4, as well as to understand them and agree upon them.<\/li>\n\n\n\n<li>At the explicit request of the <em>client<\/em>, the <em>contractor<\/em> will provide the then applicable general terms and conditions and privacy policy by email and\/or on paper.<\/li>\n\n\n\n<li>If the <em>client<\/em> explicitly requests the <em>contractor <\/em>to explain the general terms and conditions or the privacy policy (in part), the <em>contractor <\/em>will comply with this request.<\/li>\n\n\n\n<li>The <em>contractor <\/em>is authorized to unilaterally modify the general terms and conditions and\/or the privacy policy at any time. Adjustments will be communicated to the <em>client<\/em>, and if applicable any third parties, by the <em>contractor <\/em>as soon as possible, as long as there is a valid quotation, offer, and\/or <em>agreement<\/em>.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 4. QUOTATION AND OFFERS<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The <em>contractor<\/em>&#8217;s quotations and offers are non-binding, unless explicitly stated otherwise in the quotation.<\/li>\n\n\n\n<li>The <em>contractor<\/em>&#8217;s quotations and offers are valid for four weeks from the quotation\/offer date, unless explicitly stated otherwise in the quotation. After this acceptance period of four weeks has expired, neither the <em>contractor<\/em> nor the <em>client<\/em> can derive any rights from it.<\/li>\n\n\n\n<li>The <em>contractor<\/em> cannot be bound by her quotations or offers if the <em>client <\/em>can reasonably understand that they are, in whole or in part, the result of an obvious mistake or error.<\/li>\n\n\n\n<li>The <em>contractor<\/em> always has the right to revoke submitted quotations and offers.<\/li>\n\n\n\n<li>Based on a non-binding quotation, the <em>client<\/em> cannot enter into an <em>agreement <\/em>with the <em>contractor<\/em> for the execution of only part of the <em>services<\/em> mentioned in the quotation. Upon the <em>client<\/em>&#8217;s request, the <em>contractor<\/em> will provide a revised quotation with a maximum validity period of two weeks, unless expressly stated otherwise in this revised quotation. Once this two-week acceptance period has expired, neither the <em>contractor<\/em> nor the <em>client <\/em>can derive any rights from it.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 5. EXECUTION OF THE ASSIGNMENT AND DEADLINES<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The <em>contractor<\/em> conducts the <em>assignment <\/em>to the best of their ability and in compliance with the applicable laws and regulations.<\/li>\n\n\n\n<li>The <em>contractor <\/em>determines the way in which the <em>assignment<\/em> is conducted and by which <em>employee<\/em>.<\/li>\n\n\n\n<li>If the <em>contractor<\/em> and the <em>client <\/em>explicitly agree to modify the <em>agreement <\/em>in writingin the meantime, the <em>contractor<\/em> determines the manner and order in which the <em>assignment<\/em> is conducted, at the then-agreed quotation prices, conditions, and deadlines. The <em>client<\/em> cannot claim breach of contract if the <em>contractor<\/em> cannot (immediately) execute the modified <em>agreement<\/em>, and there is therefore no basis for terminating, cancelling the <em>agreement<\/em>, and\/or claiming costs and\/or damages.<\/li>\n\n\n\n<li>The <em>contractor <\/em>has the right to have <em>services<\/em> conducted by one or more third parties designated by the <em>contractor<\/em>. The applicability of Articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is expressly excluded.<\/li>\n\n\n\n<li>The <em>agreement <\/em>is concluded for an indefinite period unless the nature of the <em>agreement <\/em>dictates otherwise or if the <em>client<\/em> and the <em>contractor<\/em> expressly and in writing agree otherwise.<\/li>\n\n\n\n<li>If a deadline has been agreed upon for the performance of certain <em>services<\/em> or the delivery of certain <em>services<\/em>, this shall never be considered a strict deadline. In case of a delay, the <em>client <\/em>must notify the <em>contractor<\/em> of the default in writing within 14 days after becoming aware of the contractor&#8217;s non-performance. The <em>contractor <\/em>will then make an offer to the <em>client <\/em>to still fulfil the <em>agreement <\/em>within a reasonable period. If the period proposed by the <em>contractor<\/em> is reasonable and the <em>client<\/em> does not agree, the <em>client<\/em> cannot claim a breach of contract and therefore has no grounds to terminate, cancel the <em>agreement<\/em>, and\/or claim costs and\/or damages.<\/li>\n\n\n\n<li>If a period or date has been agreed upon between the <em>client<\/em> and the <em>contractor <\/em>within which the <em>assignment <\/em>must be carried out, and the <em>client <\/em>fails to: (a) make an advance payment \u2013 if agreed upon \u2013 or (b) provide the necessary <em>documents <\/em>in a timely, complete manner, in the desired form and in the desired way, then the <em>client<\/em> and the <em>contractor<\/em> shall consult on a new period or date within which the <em>assignment <\/em>must be carried out.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 6. LAWS AND REGULATIONS<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The <em>client<\/em> shall provide full cooperation with the obligations that arise for the <em>contractor<\/em> from applicable laws and regulations.<\/li>\n\n\n\n<li>The <em>contractor <\/em>shall take appropriate measures to protect personal data and other confidential information received from the <em>client<\/em>. The <em>contractor<\/em> shall inform <em>employees<\/em> and any third parties engaged about the confidential nature of the information. The processing of personal data by the <em>contractor<\/em> shall take place in accordance with the applicable (inter)national laws and regulations on personal data protection.<\/li>\n\n\n\n<li>The <em>client<\/em> is aware that in some cases the <em>contractor<\/em> is required under (inter)national laws and regulations to disclose confidential information of the <em>client<\/em>. As far as necessary, the <em>client<\/em> hereby gives their consent and cooperation for such disclosure.<\/li>\n\n\n\n<li>The <em>contractor <\/em>excludes any liability for damage incurred by the <em>client <\/em>because of the contractor complying with the laws and regulations applicable to them.<\/li>\n\n\n\n<li>The <em>contractor <\/em>and the <em>client <\/em>shall impose their obligations under applicable laws and regulations on any third parties they engage.<\/li>\n\n\n\n<li>In addition to these general terms and conditions, the privacy statement (or privacy policy) prepared by or on behalf of <em>Trias Vita<\/em> also applies to every valid offer, proposal, and <em>agreement<\/em> between the contractor and the <em>client<\/em>.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 7. INTELLECTUAL PROPERTY<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The performance of the <em>assignment <\/em>by the <em>contractor <\/em>does not imply the transfer of <em>intellectual property<\/em> rights held by the <em>contractor<\/em>. All <em>intellectual property<\/em> rights that arise during or because of the execution of the <em>assignment<\/em> belong to the <em>contractor<\/em>.<\/li>\n\n\n\n<li>The <em>client <\/em>is explicitly prohibited from reproducing, disclosing, or exploiting the products on which the <em>contractor<\/em> holds <em>intellectual property<\/em> rights, or products on which <em>intellectual property<\/em> rights exist for which the <em>contractor<\/em> has acquired usage rights. This includes, but is not limited to, ideas, models, (development, coaching and training) materials, computer programs, system designs, methods, advice, (model) contracts, reports, templates, audio and visual materials, macros, and other intellectual works.<\/li>\n\n\n\n<li>The <em>client<\/em> is not permitted to provide the products referred to in Article 7, paragraph 2, to third parties without the prior written consent of the <em>contractor<\/em>. This does not apply in the case where the <em>client <\/em>wishes to obtain an expert opinion on the execution of the <em>services<\/em> by the <em>contractor<\/em>, provided it does not conflict with applicable laws and regulations. In that case, the <em>client<\/em> shall impose his obligations under this article on the third parties he engages.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 8. FORCE MAJEURE<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>If the <em>client<\/em> and\/or <em>contractor <\/em>are unable to fulfil the obligations under the <em>agreement<\/em>, fail to do so on time, or do so improperly due to force majeure within the meaning of Article 6:75 of the Dutch Civil Code, those obligations shall be suspended until such time as the parties are able to fulfil them in the agreed manner.<\/li>\n\n\n\n<li>If the situation referred to in Article 8 paragraph 1 occurs, the parties have the right to terminate the <em>agreement <\/em>in whole or in part immediately in writing, without any entitlement to compensation.<\/li>\n\n\n\n<li>If the <em>contractor<\/em> has already partially fulfilled the agreed obligations at the onset of the force majeure situation, the <em>contractor <\/em>is entitled to invoice the <em>services<\/em> performed separately and on an interim basis, and the <em>client <\/em>shall pay this invoice as if it were a separate transaction.<\/li>\n\n\n\n<li>If the execution of the <em>assignment <\/em>is at risk due to illness, temporary or permanent incapacity for work, or force majeure, the <em>contractor<\/em> shall inform the <em>client<\/em>, preferably immediately and in any case as soon as possible. Where possible, the <em>contractor<\/em> will offer the <em>client<\/em> an equivalent alternative. If the <em>client <\/em>does not agree with this, the <em>agreement<\/em> is terminated immediately, which releases the <em>contractor<\/em> from fulfilling the <em>agreement<\/em>, without the <em>client<\/em> being able to invoke any right to reimbursement of costs and\/or damages.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 9. FEES AND EXPENSES<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The <em>services<\/em> performed by the <em>contractor <\/em>is charged to the <em>client<\/em> based on the time spent and costs incurred, unless the parties explicitly agree otherwise, such as the payment of a fixed price. Payment of the fee is not dependent on the outcome of the <em>services<\/em> unless otherwise agreed in writing. Travel time and accommodation expenses for the <em>services<\/em> are charged separately.<\/li>\n\n\n\n<li>In addition to the fee, the expenses incurred by the <em>contractor <\/em>and the invoices from third parties engaged by the <em>contractor <\/em>will be charged to the <em>client<\/em>.<\/li>\n\n\n\n<li>The <em>contractor <\/em>has the right to request payment of an advance from the <em>client<\/em>. Failure to pay the advance (on time) may be a reason for the <em>contractor<\/em> to (temporarily) suspend the <em>services<\/em>.<\/li>\n\n\n\n<li>If fees or prices change after the <em>agreement<\/em> has been concluded but before the <em>assignment <\/em>has been fully executed, the <em>contractor <\/em>has the right to adjust the agreed rate, unless explicitly agreed otherwise.<\/li>\n\n\n\n<li>If required by law, VAT will be charged separately on all amounts owed by the <em>client<\/em> to the <em>contractor<\/em>.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 10. PAYMENT<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>Payment by the <em>client<\/em> of the amounts owed to the <em>contractor <\/em>must be made within 14 days of the invoice date, without the <em>client<\/em> being entitled to any deduction, discount, suspension, or set-off, unless otherwise agreed. The day of payment is the day the amount due is credited to the <em>contractor<\/em>&#8217;s account, which is in the name of <em>Trias Vita<\/em> with account number NL92 RBRB 8842 1403 68.<\/li>\n\n\n\n<li>All amounts stated by the <em>contractor<\/em> are listed in euros and include VAT, any travel expenses, and other costs necessary for conducting the <em>assignment<\/em>, unless otherwise agreed or stated in writing.<\/li>\n\n\n\n<li>The <em>contractor<\/em> must apply the statutory VAT rates for the <em>services <\/em>rendered. As a rule, the 21% VAT rate applies, unless otherwise required by law.<\/li>\n\n\n\n<li>If agreed, travel expenses are payable at a rate of 0.23 euros per kilometre.<\/li>\n\n\n\n<li>If the <em>client<\/em> has not paid within the period mentioned in Article 10, first paragraph, the <em>client<\/em> is automatically in default, and the <em>contractor<\/em> is entitled from that moment to charge the statutory (commercial) interest in accordance with Article 6:119 BW and Article 6:119a BW.<\/li>\n\n\n\n<li>If the <em>client<\/em> has not paid within the period mentioned in Article 10, first paragraph, the <em>client <\/em>is obliged to reimburse all judicial and extrajudicial (collection) costs actually incurred by the <em>contractor<\/em>. The reimbursement of incurred costs is not limited to any costs awarded by the court.<\/li>\n\n\n\n<li>In the case of a jointly given <em>assignment<\/em>, <em>clients<\/em> are jointly and severally liable for the payment of the invoice amount, the interest due, and costs.<\/li>\n\n\n\n<li>If, in the opinion of the <em>contractor<\/em>, the financial position or payment behaviour of the <em>client<\/em> so warrants, or if the <em>client <\/em>fails to pay an advance or invoice within the set payment term, the <em>contractor<\/em> is entitled to require the <em>client<\/em> to immediately provide (additional) security in a form determined by the <em>contractor<\/em>. If the <em>client <\/em>fails to provide the requested security, the <em>contractor <\/em>is entitled, without prejudice to its other rights, to suspend the further execution of the <em>agreement <\/em>immediately, and all amounts owed by the <em>client <\/em>to the <em>contractor <\/em>for any reason will become immediately due.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 11. LIABILITY AND INDEMNITIES<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The <em>contractor<\/em> will make every effort, to the best of its knowledge and ability, to perform its <em>services<\/em>.<\/li>\n\n\n\n<li>The <em>contractor <\/em>is not liable for any damage suffered by the <em>client<\/em> resulting from the <em>client <\/em>failing to provide <em>documents<\/em>, providing incorrect and\/or incomplete <em>documents <\/em>to the <em>contractor<\/em>, or failing to provide them on time, nor for any shortcomings of the <em>client <\/em>in complying with its obligations, including providing sufficient cooperation in the execution of the <em>agreement<\/em>.<\/li>\n\n\n\n<li>The <em>contractor<\/em> is not liable for indirect damage, including: lost profits, missed savings, damage due to business interruption, and other consequential or indirect damage resulting from the <em>contractor<\/em>&#8217;s failure, delay, and\/or improper performance.<\/li>\n\n\n\n<li>The liability of the <em>contractor<\/em> is limited to the compensation of direct damage that is the direct result of one or more attributable shortcomings in the execution of the <em>assignment<\/em>. This liability for direct damage is limited to the amount paid out by the <em>contractor<\/em>&#8217;s liability insurance for the relevant case. Only damage for which the insurer makes a payout is considered an attributable shortcoming. The <em>contractor <\/em>accepts no liability whatsoever towards the <em>client <\/em>for any damage not covered by the insurer.<\/li>\n\n\n\n<li>Aside from the cases referred to in Article 11, paragraph 4, liability is limited to the amount charged for the performance that caused the damage. Compensation shall not exceed the contract value. In the case that the <em>assignment<\/em> is a long-term <em>agreement <\/em>with a duration of more than one (1) year, the maximum total compensation payable shall not exceed the long-term <em>agreement <\/em>value charged to the <em>client <\/em>in the twelve months preceding the occurrence of the damage. In no event shall the total compensation exceed 50,000 euros for the total damage.<\/li>\n\n\n\n<li>A series of related attributable shortcomings shall be considered as one (1) attributable shortcoming.<\/li>\n\n\n\n<li>The limitations of liability included in this article do not apply if and as far as there is intent or deliberate recklessness on the part of the <em>contractor <\/em>or its executive management.<\/li>\n\n\n\n<li>The <em>client<\/em> is obliged to take measures to limit damage. The <em>contractor<\/em> has the right to undo or mitigate the damage by repairing or improving the <em>services<\/em> conducted.<\/li>\n\n\n\n<li>The <em>client <\/em>indemnifies the <em>contractor <\/em>against claims from third parties for damage caused by the <em>client<\/em>\u2019s failure to provide the <em>contractor<\/em> with none, incorrect and\/or incomplete information or <em>documents<\/em>.<\/li>\n\n\n\n<li>The <em>client <\/em>indemnifies the <em>contractor<\/em> against claims from third parties (including <em>employees<\/em> of the <em>contractor<\/em> and third parties engaged by the <em>contractor<\/em>) who suffer damage in connection with the execution of the <em>assignment<\/em>, where such damage results from the actions or omissions of the <em>client <\/em>or from unsafe conditions in the <em>client<\/em>\u2019s company or organization.<\/li>\n\n\n\n<li>The <em>contractor<\/em> shall not be held liable if the <em>client <\/em>has the option to address his insurance company or that of a third party directly regarding the cause of the damage.<\/li>\n\n\n\n<li>The <em>contractor<\/em> is never liable for damage to third parties caused by participants who use <em>services<\/em> of <em>Trias Vita<\/em>.<\/li>\n\n\n\n<li>The provisions in Article 11 paragraphs 1 through 12 apply to both the contractual and non-contractual liability of the <em>contractor <\/em>towards the <em>client<\/em>.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 12. CANCELLATION<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>In case of cancellation by the <em>client<\/em>, unless otherwise agreed, the following provisions apply: 1.1. If cancelled more than four weeks before the agreed start of the service, the <em>contractor<\/em> shall refund the <em>client<\/em> the amount already paid by the <em>client<\/em> within 15 days, minus 25 euros in cancellation fees. 1.2. If cancelled less than four weeks, but more than two weeks before the agreed start of the service, the <em>client<\/em> owes the <em>contractor <\/em>50 percent of the contract value. If the <em>contractor <\/em>has received more, the difference will be transferred to the <em>client <\/em>within 15 days. 1.3. If cancelled less than two weeks before, no refund will be made, and the <em>client <\/em>must pay the total amount agreed upon for the execution of the <em>assignment<\/em> by the <em>contractor<\/em> within 14 days. 1.4. Already scheduled appointments must be cancelled at least 24 hours in advance. A new appointment will then be scheduled. If cancelled less than 24 hours in advance, the <em>contractor <\/em>is no longer obliged to provide the already scheduled service.<\/li>\n\n\n\n<li>Contrary to Article 12 paragraph 1, the <em>client<\/em> is also liable for the costs already incurred by the <em>contractor <\/em>and\/or third parties in the case of customized <em>assignments<\/em>.<\/li>\n\n\n\n<li>The <em>contractor<\/em> is entitled to cancel the <em>agreement <\/em>if the minimum number of participants announced in advance for a coaching or training program is not reached. The <em>contractor <\/em>will refund the <em>client<\/em> the amount already paid within 15 days.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 13. ELECTRONIC COMMUNICATION<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>During the execution of the <em>assignment<\/em>, the <em>client<\/em> and the <em>contractor <\/em>may communicate with each other by electronic means and\/or make use of electronic storage (such as cloud applications). Unless otherwise agreed in writing, the parties may assume that sending correctly addressed faxes, emails (including emails sent via the internet), and voicemail messages, regardless of whether they contain confidential information or <em>documents <\/em>related to the <em>assignment<\/em>, are accepted by both parties. The same applies to other communication methods used or accepted by the other party.<\/li>\n\n\n\n<li>The <em>client <\/em>and the <em>contractor<\/em> are not liable to each other for any damage that may arise for either of them as a result of the use of electronic communication means, networks, applications, electronic storage, or other systems, including \u2013 but not limited to \u2013 damage resulting from non-delivery or delay in the delivery of electronic communication, omissions, distortion, interception, or manipulation of electronic communication by third parties or by software\/hardware used for sending, receiving, or processing electronic communication, transmission of viruses, and the failure or malfunctioning of the telecommunications network or other means required for electronic communication, except insofar as the damage is the result of intent or gross negligence. The foregoing also applies to the use that the <em>contractor <\/em>makes of it in their dealings with third parties.<\/li>\n\n\n\n<li>Both the <em>client<\/em> and the <em>contractor<\/em> shall do or refrain from doing everything that can reasonably be expected of each of them to prevent the occurrence of the aforementioned risks.<\/li>\n\n\n\n<li>The data extracts from the sender&#8217;s computer systems provide conclusive evidence of (the content of) the electronic communications sent by the sender until contrary evidence has been provided by the recipient.<\/li>\n\n\n\n<li>The provisions of Article 11 shall apply accordingly.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 14. COMPLAINTS<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The <em>client<\/em> must submit a complaint in writing and as soon as possible, no later than five working days after the action or omission that gives rise to the complaint, or within five working days after it could reasonably have been established that the action or omission gives rise to a complaint.<\/li>\n\n\n\n<li>Upon receipt, the <em>contractor <\/em>will contact the <em>client <\/em>within five working days regarding the complaint to see if a mutual settlement can be reached.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 15. MISCELLANEOUS PROVISIONS<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>If the <em>contractor <\/em>performs <em>services <\/em>at the <em>client<\/em>&#8217;s location, the <em>client <\/em>guarantees a suitable workplace that complies with the statutory Dutch ARBO standards and other applicable regulations regarding working conditions. The <em>client<\/em> must ensure that the <em>contractor<\/em> is provided with office space and other facilities which, in the <em>contractor<\/em>&#8217;s opinion, are necessary or useful for executing the <em>agreement <\/em>and that comply with all applicable (legal) requirements. Regarding the provided (computer) facilities, the <em>client<\/em> is obliged to ensure continuity, including through adequate backup, security, and virus control procedures. The <em>contractor<\/em> will apply virus control procedures when making use of the <em>client<\/em>&#8217;s facilities.<\/li>\n\n\n\n<li>The <em>client<\/em> shall not hire or approach any <em>employees<\/em> involved in the execution of the<em> services <\/em>(from the <em>contractor<\/em> or third parties engaged by the <em>contractor<\/em>) to enter into employment with the <em>client<\/em>, whether temporarily or permanently, directly or indirectly, nor to perform <em>services<\/em> directly or indirectly for the <em>client<\/em>, whether under employment or not, during the term of the <em>agreement <\/em>or any extension thereof and for 12 months thereafter.<\/li>\n\n\n\n<li>Provisions in the <em>assignment<\/em> that are explicitly or by their nature intended to remain in effect after the completion or termination of the <em>assignment<\/em> shall remain in effect after such completion or termination, including, but not limited to, Articles 7, 9, 10, 11, 15 paragraph 2, and 16.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 16. APPLICABLE LAW<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The <em>agreement<\/em> is governed by Dutch law.<\/li>\n\n\n\n<li>All disputes shall be settled by the competent court in the district where the <em>contractor <\/em>is established.<\/li>\n<\/ol>\n\n\n\n<p><strong>Article 17. SEVERABILITY CLAUSE<\/strong><\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>If any provision of these general terms and conditions or of the underlying <em>assignment<\/em>\/<em>agreement <\/em>is wholly or partly null and\/or invalid and\/or unenforceable, because of any legal provision, court ruling, or otherwise, this shall have no effect on the validity of all other provisions of these general terms and conditions or the underlying <em>assignment<\/em>\/<em>agreement<\/em>.<\/li>\n\n\n\n<li>If any provision in the <em>assignment <\/em>or any part of the <em>assignment <\/em>cannot be legally invoked, the remaining part of the <em>assignment <\/em>shall remain in full force, with the understanding that the provision concerning the part that cannot be invoked shall be deemed adjusted in such a way that it can be invoked, while preserving the parties&#8217; intentions regarding the original provision or the original part as much as possible.<\/li>\n<\/ol>\n\n\n\n<p><em>Trias Vita<\/em> reserves the right to change these terms and conditions.<\/p>\n\n\n\n<p><strong>Trias Vita, December 2025<\/strong><\/p>\n\n\n\n<p>(last amended: December 11, 2025)<\/p>\n\n\n\n<p><br>\u00a92023 \u2013 2026 Trias Vita<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Article 1. DEFINITIONS In these general terms and conditions, the following is understood by: Article 2. APPLICABILITY Article 3. CONCLUDE AN AGREEMENT Article 4. QUOTATION AND OFFERS Article 5. EXECUTION OF THE ASSIGNMENT AND DEADLINES Article 6. LAWS AND REGULATIONS Article 7. INTELLECTUAL PROPERTY Article 8. FORCE MAJEURE Article 9. FEES AND EXPENSES Article 10. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1839,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2080","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/pages\/2080","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/comments?post=2080"}],"version-history":[{"count":2,"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/pages\/2080\/revisions"}],"predecessor-version":[{"id":2112,"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/pages\/2080\/revisions\/2112"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/media\/1839"}],"wp:attachment":[{"href":"https:\/\/triasvita.com\/index.php\/wp-json\/wp\/v2\/media?parent=2080"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}