General terms and conditions Health Services The Netherlands B.V.

Besloten vennootschap met gewone structuur Health Services The Netherlands B.V. (hereinafter: Testservice.nl) is registered with the Chamber of Commerce under number 82046484 and is located at Stammerhove 3 (1112VA) in Diemen.

Article 1 - Definitions

  1. In these general terms and conditions the following terms are used in the following sense, unless explicitly stated otherwise.
  2. Offering: Any offer or quotation to Client for the provision of Services by Testservice.nl.
  3. Company: The natural or legal person who acts in the exercise of a profession or business.
  4. Consumer: The natural person who is not acting in the exercise of a profession or business.
  5. Services: All activities, including examinations and giving advice with the purpose of preventing or curing Client from contracting a disease, or assessing his health status. The primary service of Testservice.nl test will be offering and/or performing tests that show whether or not Client is infected with a certain disease.
  6. Service Provider: Private company with ordinary structure Testservice.nl The Netherlands B.V. h.o.d.n. Testservice.nl, incorporated under Dutch law, established in The Netherlands and offering Services to Client hereinafter: Testservice.nl.
  7. Client: The natural or legal person acting in the course of a profession or business who has commissioned Testservice.nl, has granted projects to Testservice.nl for Services to be rendered by Testservice.nl, or to whom Testservice.nl has made a proposal based on an Agreement.
  8. Agreement: any Agreement and other obligations between Client and Testservice.nl, as well as proposals of Testservice.nl for Services provided by Testservice.nl to Client, which are accepted by Client and executed by Testservice.nl with which these General Terms and Conditions form an indivisible whole.

 

Article 2 - Applicability

  1. These Terms & Conditions apply to any Offer by Testservice.nl, any Agreement between Testservice.nl and Client, and to any service offered by Testservice.nl.
  2. Before an Agreement is concluded, Client will be provided with these General Terms & Conditions. If this is not reasonably possible, Testservice.nl will indicate in which way Client can review the General Terms and Conditions.
  3. Deviation from these Terms and Conditions is not possible. In exceptional situations it is possible to deviate from these general conditions, as far as this has been agreed explicitly and in writing with Testservice.nl.
  4. These general conditions also apply to additional, amended and follow-up assignments from the Client.
  5. The general terms and conditions of the Client are excluded.
  6. If one or more provisions of these general terms and conditions are null and void or annulled in part or in whole, the other provisions of these general terms and conditions shall remain in force and the null and void provision(s) shall be replaced by a provision having the same purport as the original provision.
  7. Uncertainties about the content, explanation or situations not provided for in these general terms and conditions must be assessed and explained in accordance with the spirit of these general terms and conditions.
  8. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is explicitly excluded.
  9. If in these general terms and conditions reference is made to she/he, this should also be understood as a reference to he/she/it, if and to the extent applicable.
  10. In case Testservice.nl has not always demanded compliance with these General Terms, she maintains her right to demand compliance with these General Terms in whole or in part.

 

Article 3 - The Offer

  1. All Offers made by Testservice.nl are without engagement, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly mentioned in the Offer.
  2. Testservice.nl is only bound to an Offer if it is confirmed by Client in writing. Nevertheless, Testservice.nl has the right to refuse an Agreement with a (potential) Client for a valid reason.
  3. The offer contains a description of the Services offered. The description is sufficiently specific to enable the Client to make a proper assessment of the offer. Any details given in the offer are merely indicative and cannot be a ground for any compensation or for dissolution of the Agreement.
  4. Offers or quotations do not automatically apply to follow-up orders.
  5. Delivery times in the offer of Testservice.nl are in principle indicative and do not entitle Client to dissolution or compensation when exceeding them, unless explicitly agreed otherwise.

 

Article 4 - Conclusion of the Agreement

  1. The Agreement is concluded when a confirmation of the appointment has been sent by e-mail to the e-mail address provided by the Client.
  2. Testservice.nl has the right to revoke the (signed) Agreement within 1 working day after receipt of the acceptance.
  3. Testservice.nl is not bound to an Offer if Client could have reasonably expected or should have understood that the Offer contains an obvious mistake or clerical error. Client cannot derive any rights from this mistake or error.
  4. If the Client cancels an assignment that has already been confirmed, the actual costs already incurred (including time spent) will be charged to the Client.
  5. Any Agreement entered into with Testservice.nl or a project assigned to Testservice.nl by Client, rests with the company and not with an individual connected to Testservice.nl.
  6. The Customer's right of withdrawal is excluded, unless otherwise agreed.
  7. If the Agreement is entered into by several Clients, each Client will be jointly and severally liable for the performance of all obligations arising from the Agreement.

 

Article 5 - Duration of the Agreement

  1. The Agreement is entered into for an indefinite period of time, unless the content, nature or scope of the assignment dictates that it is entered into for a definite period of time. The duration of the assignment is also dependent on external factors including, but not limited to the quality and timeliness of the information Testservice.nl obtains from Client.
  2. Both Client and Testservice.nl can dissolve the Agreement on the grounds of an attributable failure in the fulfillment of the Agreement if the other party has been declared in default in writing and has been given a reasonable time to fulfill its obligations, and still fails to fulfill its obligations properly. This also includes the Customer's payment and cooperation obligations.
  3. Dissolution of the Agreement does not affect the payment obligations of Client as far as Testservice.nl has already performed work or delivered services at the time of dissolution. Client must pay the agreed compensation.
  4. In case of premature termination of the Agreement, Client is indebted to Testservice.nl for the actual costs made until then, at the agreed upon (hourly) rate. The time registration of Testservice.nl is leading in this matter.
  5. Both Client and Testservice.nl can terminate the Agreement immediately without further notice in writing, wholly or partially, if one of the parties is in suspension of payment, bankruptcy has been filed, or if the enterprise concerned ends by liquidation. If a situation as mentioned above occurs, Testservice.nl is never obliged to refund any money already received and/or compensation for damages.

 

Article 6 - Consent

  1. The Client's consent is required for the execution of the Agreement.
  2. Testservice.nl informs Client in a clear manner, and if requested in writing, about the intended Services, developments and treatment. Testservice.nl informs clients who have not reached the age of 12 years in such a way that suits their comprehension.
  3. By scheduling a Service the Customer gives explicit and unambiguous consent. The requirement of permission is thus met, except in cases where the Customer has not yet reached the age of 12 years, in which case permission from the parent(s) and/or legal representative(s) is also required. However, the Service may be provided without the consent of the parent(s) and/or legal representative(s) if this is evidently necessary in order to prevent serious harm to the Principal, and if the Principal continues to have a well-considered desire for the provision of the Service even after consent is refused.

 

Article 7 - Cancellation agreements

  1. If the start or progress of the Service is delayed, e.g. because Client has not or not timely provided all requested information, insufficient cooperation, the (down)payment is not received in time by Testservice.nl, or due to other circumstances, which are for the account and risk of Client, a delay has occurred, Testservice.nl is entitled to a reasonable extension of the execution time. This also includes the delay of a previous appointment.
  2. Testservice.nl is always entitled to reschedule an already made appointment, provided he has informed the Client at least 24 hours in advance.
  3. Testservice.nl strives to provide the Service within the agreed timeframe, as far as this can be reasonably expected of her. In case of urgency, Client is obliged to pay the fee agreed upon beforehand.
  4. A made appointment can only be changed and/or cancelled free of charge by Customer up to 1 day before the starting date. If Client cancels and/or reschedules the appointment between 1 day and 12 hours prior to the appointment, Client is entitled to a voucher, which is valid for three months. All cancellations or changes within 12 hours prior to the appointment are considered a no show. Already made appointments that are changed or cancelled 12 hours or more before the appointment date will be charged to the client.
  5. In case of disagreement or ambiguity about the date of the appointment, the date as scheduled in the administration of Testservice.nl is leading.
  6. If Client does not show up on time for an appointment without a cancellation, Testservice.nl cannot guarantee that the agreed upon service can still take place. If Client must make a substitute appointment, the costs of the missed appointment remain due, unless explicitly agreed otherwise.
  7. Client must schedule the replacement appointment within three months from the original appointment date.
  8. Cancellation and/or postponement of the appointment should be done in writing. If Client has not cancelled and/or postponed the appointment in time, Client will not get a refund of already paid money, even if Client has not used the Services of Testservice.nl. These arrangements apply regardless of the reason for cancelling the service.
  9. Client is entitled to have another client participate in the test in his place, as long as this client meets the profile set by Testservice.nl. If Client cannot substitute another client, then Testservice.nl will not refund any payments made.

 

Article 8 - Execution of the service

  1. Testservice.nl will do her utmost to perform the agreed upon service with the utmost care, as may be expected from a good service provider. Testservice.nl vouches for a professional and independent service. All Services are performed on the basis of an effort commitment, unless a result has been explicitly agreed upon in writing and is described in detail.
  2. The Agreement on the basis of which Testservice.nl performs the Services, is leading for the scope and extent of the services. The Agreement will only be executed on behalf of Client. Third parties cannot derive any rights from the content of the Services performed in relation to the Agreement.
  3. The information and data provided by Client are the basis on which Testservice.nl offers its Services and prices are based. Testservice.nl has the right to adjust her services and prices if the provided information turns out to be incorrect and/or incomplete.
  4. When performing Services, Testservice.nl is not obliged or required to follow the directions of Client if this changes the content or scope of the agreed Services. If the instructions result in additional work for Testservice.nl, Client is obliged to pay the additional additional costs accordingly, based on a new quotation.
  5. Testservice.nl is entitled to use third parties for the execution of the Services at her discretion.
  6. If the nature and duration of the assignment require so, Testservice.nl will keep Client informed of progress in the interim via the agreed manner.
  7. The performance of the Services is based on the information provided by the Client. If the information has to be changed, this may have consequences for a possible determined planning. Testservice.nl is never liable for adjusting the schedule. If the start, progress or delivery of the Services is delayed because for example Client did not provide all requested information, or not in a timely manner, or not in the desired format, provides insufficient cooperation, any advance payment is not received in a timely manner by Testservice.nl, or due to other circumstances, which are for the account and risk of Client, there is a delay, Testservice.nl is entitled to a reasonable extension of the delivery time. All damages and additional costs due to a delay by a cause as mentioned above will be at the expense and risk of Client.

 

Article 9 - Reliability test

  1. The test technology used by Testservice.nl has been validated by the VWS, RIVM and/or WHO (PCR tests and SARS-CoV-2 Rapid Antigen Test from Roche Diagnostics). In almost all cases, this provides a very reliable test result in time. However, there is always a very small chance (<1%) of a so-called false positive (the client is not infected, but the test indicates that the client is) and a small chance (<10%) of a false negative (the client is infected, but the test does not indicate that) result. There is also a small chance that the sample taken from Client cannot be tested due to other causes (for example recent oral use of medication, alcohol, mouth rinses and/or other contaminations in the mouth, throat and nose cavities). In that case Testservice.nl will offer a new test as soon as possible and will try to provide Client with a result on time, without giving any guarantees.
  2. A test therefore never offers an absolute (100%) certainty of a (reliable) result. Client can therefore not derive any rights from the results of a test and Testservice.nl accepts no liability for any damages suffered by Client in this regard.
  3. Testservice.nl guards the testing process and the issuing of a non-COVID-19 statement very carefully, but Testservice.nl cannot vouch and guarantee in all cases that a non-COVID-19 document will actually be issued in time before Client's travel or otherwise. Sometimes this is not possible due to various reasons, as mentioned above, and in case Client is not allowed by the transporter or the country of destination for this reason, Testservice.nl does not accept liability for any damages and/or costs that may result from this.
  4. Testservice.nl does her utmost to make sure that all the information we display is complete, correct and up to date. Nevertheless Testservice.nl cannot give any guarantees about the reliability of the information on our website, including information about the corona virus and available tests. All the information we provide about the corona virus, the different types of tests and related topics is based solely on reports by official bodies and is purely informative. Also in view of the rapid development of (medical) science regarding the coronavirus, it is explicitly everyone's own responsibility to inform themselves correctly and completely. No rights can be derived from the information provided by Testservice.nl. If you have any doubts or questions about the coronavirus, the treatment methods, the different tests or their reliability, please contact a qualified medical professional or a recognized (government) agency such as the RIVM or the GGD.

 

Article 10 - Obligations of the Client

  1. Client is obligated to provide all information requested by Testservice.nl as well as relevant attachments and related information and data in a timely manner and/or before the start of the work and in the desired form, in order to ensure a proper and efficient execution of the Agreement. Failing this, it could happen that Testservice.nl is not able to realize a complete execution and/or delivery of the concerned documents. The consequences of such a situation are at all times for the account and risk of Client.
  2. Testservice.nl is not obligated to verify the correctness and/or completeness of the information provided to her or to update Client on the information if it has changed over time, nor is Testservice.nl responsible for the correctness and completeness of the information compiled by Testservice.nl for third parties and/or provided to third parties in the context of the Agreement.
  3. Testservice.nl can, if necessary for execution of the Agreement, request additional information. In case this is not the case, Testservice.nl is entitled to postpone her activities until the information is received, without being liable for any compensation to Client on any account. In case of changed circumstances, Client must inform Testservice.nl immediately or no later than 3 working days after the change has become known.
  4. Client shall to the best of her knowledge provide Testservice.nl with all information and cooperation which Testservice.nl reasonably requires for the execution of the Agreement.
  5. Client is obligated to identify himself prior to providing the Service. If Client cannot identify himself, Testservice.nl has the right to postpone execution of the agreement until Client has identified himself, for account and risk of Client.

 

Article 11 - Opinions

  1. Testservice.nl can, if commissioned, draw up an advice, plan of approach, design, report, planning and/or report for the purpose of providing the service. The content of this advice is not binding and of an advisory nature only, but Testservice.nl will comply with her duty of care. Client decides on her own responsibility whether to follow the advice.
  2. Advice given by Testservice.nl, in whatever form, is never to be considered medical, legal, fiscal and/or accounting advice. Testservice.nl will never consider this advice to be legal advice, even if Testservice.nl assists Client in negotiations. If Client interprets this advice as legal and/or fiscal advice, Client must first discuss this with a trained specialist (lawyer/tax adviser).
  3. On first request of Testservice.nl Client is obligated to assess proposals provided by Testservice.nl. If Testservice.nl is delayed in her work, because Client does not or not timely provide an assessment on a proposal made by Testservice.nl, then Client is at all times responsible for any consequences this may cause, such as delay.
  4. The nature of the service implies that the result is at all times dependent on external factors that may influence the reports and advices of Testservice.nl, such as the quality, accuracy and timeliness of the required information and data of the Client and its employees. Client is responsible for the quality and for the timely and correct delivery of the required data and information.
  5. Client will notify Testservice.nl in writing prior to commencement of the work of all circumstances that are or may be of interest, including any points and priorities that Client may wish to be addressed.

 

Article 12 - Application for grants

  1. In principle, the entire application goes through Testservice.nl. From there, the request is submitted to a party that handles the actual request. If necessary, this third party will contact Client directly.
  2. In case the application is rejected based on inaccurate or incomplete information, Testservice.nl will notify Client and allow a period of 7 days to provide correct and/or missing information.
  3. If a negative decision on the application is received and the possibility for an objection and/or appeal procedure has been opened up by the Competent Authority involved in granting the application, Testservice.nl can, if explicitly instructed, assist the Principal with supporting activities. The party involved in the allocation of the application in question and/or the Client will at all times decide on its own responsibility whether to follow such an appeal procedure. The application will always be made on the basis of the Information provided by the Client. The decision on the objection or appeal rests solely with the relevant Competent Authority that judges on the granting or denial of the application in question. Testservice.nl will follow her duty of care during the objection- and/or appeal procedure, but is never responsible or liable for the actual granting or denial of the application.
  4. For activities performed by Testservice.nl, in whatever form, with regard to applying for subsidies and following an objection or appeal procedure, that which is stipulated in article 9 applies accordingly.

 

Article 13 - Additional work and modifications

  1. If during the execution of the Agreement it becomes apparent that the Agreement needs to be adjusted, or further work is required at the request of Client in order to achieve the desired result of Client, Client is obliged to pay for this additional work according to the agreed rate. Testservice.nl is not obliged to meet this request and may require Client to enter into a separate Agreement for this purpose and/or refer to an authorized third party.
  2. If the additional work is the result of neglect on the part of Testservice.nl, Testservice.nl has made an incorrect estimation or could have reasonably foreseen the work in question, these costs will not be passed on to Client.

 

Article 14 - Prices and payment

  1. All prices are in principle exclusive of turnover tax (VAT), unless agreed otherwise.
  2. Testservice.nl performs her services according to the agreed rate. Client is obliged to pay the agreed rate prior to providing the Service.
  3. Travel time on behalf of the Client and costs related to travel will be charged to the Client.
  4. Client is obligated to fully reimburse any third party costs, which Testservice.nl deploys after approval of Client, unless explicitly agreed otherwise.
  5. The parties may agree that the Client shall pay an advance. If an advance payment has been agreed, the Client must pay the advance payment before a start is made with the performance of the services.
  6. The Client cannot derive any rights or expectations from an estimate issued in advance, unless the parties have explicitly agreed otherwise.
  7. Testservice.nl is entitled to increase the applicable prices and rates on a yearly basis according to the applicable inflation rates. Other price changes during the Agreement are only possible if and as far as these are explicitly mentioned in the Agreement.
  8. Client is required to pay these costs at once, without settlement or suspension, within the specified payment term as stated on the invoice, into the account number and details of Testservice.nl as indicated to her.
  9. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or application for payment against the Client, the payment and all other obligations of the Client under the Agreement shall become immediately due and payable.

 

Article 15 - Privacy, data processing and security

  1. Testservice.nl handles (personal) data of Client with care and will only use it according to the applicable standards. If asked for, Testservice.nl will inform Client about this.
  2. Client is responsible for the processing of data which is processed using a service from Testservice.nl. Client also guarantees that the content of the data is not illegal and does not infringe on any rights of third parties. Client indemnifies Testservice.nl against any (legal) claims related to this data or the execution of the Agreement.
  3. If Testservice.nl is required by the Agreement to provide security for information, this security will meet the agreed upon specifications and a security level that, given the state of the art, the sensitivity of the data, and the costs involved, is not unreasonable.
  4. Testservice.nl is obligated to share Client's personal data with the GGD in case Client has a positive test result.
  5. Testservice.nl will destroy the personal data of Client after termination of the Service.

 

Article 16 - Suspension and dissolution

  1. Testservice.nl is entitled to retain data, data files and more, received or realized by Testservice.nl, if Client has not yet (completely) fulfilled her payment obligations. This right remains unaffected if there is a valid reason for Testservice.nl to postpone the order.
  2. Testservice.nl is authorized to postpone her obligations as soon as Client is in neglect of any obligation resulting from the Agreement, including late payment of her invoices. The suspension shall be immediately confirmed to the Customer in writing.
  3. Testservice.nl is in that case not liable for any damage, for whatever reason, as a result of the suspension of her work.
  4. The suspension (and/or dissolution) does not affect the payment obligations of Client for work already performed. Furthermore Client is obligated to compensate Testservice.nl for any financial loss Testservice.nl may suffer as a result of Client's default.

 

Article 17 - Force majeure

  1. Testservice.nl is not liable when she cannot fulfill her obligations under the Agreement due to a force majeure situation.
  2. Force majeure on the part of Testservice.nl includes, but is not limited to: (i) Force majeure of suppliers of Testservice.nl, (ii) not properly meeting obligations of suppliers prescribed or recommended to Testservice.nl by Client or her third parties, (iii) deficiency of software or any third parties involved in the execution of the service, (iv) governmental measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of Testservice.nl or its advisors and (vii) other situations that are beyond the judgment of Testservice.nl.nl or her advisors, and (vii) other situations which in the judgment of Testservice.nl are beyond her influence, and which temporarily or permanently prevent Testservice.nl from fulfilling her obligations.
  3. In the event of force majeure, both Parties shall be entitled to dissolve the Agreement in whole or in part. All costs made before dissolution of the Agreement will be paid by Client in that case. Testservice.nl is not obliged to compensate Client for any loss caused by such a withdrawal.

 

Article 18 - Limitation of liability

  1. If any result stipulated in the Agreement is not achieved, a shortcoming of Testservice.nl is only considered to exist if Testservice.nl has explicitly promised this result when accepting the Agreement.
  2. In case of culpable failure of Testservice.nl, Testservice.nl is only obliged to pay any compensation if Client has declared Testservice.nl in default within 14 days after discovery of the failure and Testservice.nl has subsequently failed to remedy this failure within a reasonable timeframe. The notice of default must be in writing and contain an accurate description/reasoning of the failure, so Testservice.nl is able to react adequately.
  3. If the performance of Services by Testservice.nl leads to liability of Testservice.nl, that liability is limited to the total amount invoiced as part of the Agreement, but only with regard to direct damages suffered by Client, unless the damage is the result of intentional or bordering recklessness on the part of Testservice.nl. Direct damage is understood to mean: reasonable costs made to limit or prevent direct damage, to determine the cause of the damage, the direct damage, the liability and the way of recovery.
  4. Testservice.nl explicitly excludes any liability for consequential loss. Testservice.nl is not liable for indirect damage, business damage, loss of profit and/or suffered loss, missed savings, damage due to business stagnation, loss of assets, delay damage, interest damage and immaterial damage.
  5. Client indemnifies Testservice.nl for all claims by third parties due to a defect as a result of a service provided by Client to a third party and which also consisted of services provided by Testservice.nl, unless Client can prove that the damage was solely caused by the service provided by Testservice.nl.
  6. Any advice provided by Testservice.nl, based on incomplete and/or incorrect information provided by Client, is never grounds for liability of Testservice.nl.
  7. The content of the advice given by Testservice.nl is not binding and only advisory in nature. Client decides on her own responsibility if she follows the proposals and advice given by Testservice.nl. All consequences following from following the advice are for the account and risk of Client. Client is at all times free to make her own choices that deviate from the delivered advice by Testservice.nl. Testservice.nl is not bound to any form of restitution if this is the case.
  8. If a third party is called in by or on behalf of Client, Testservice.nl can never be held liable for the actions and advice of the third party called in by Client, nor for the processing of results (of drafted advice) of the third party called in by Client in Testservice.nl's own advice.
  9. Testservice.nl does not guarantee that the results of the provided Service are reliable at all times.
  10. Testservice.nl is not responsible for the correct and complete transfer of the content of an email sent by/on behalf of Testservice.nl, nor for the timely receipt thereof.
  11. All claims by Client due to shortcomings on the part of Testservice.nl lapse if they are not reported in writing and motivated to Testservice.nl within one year after Client was aware or reasonably could have been aware of the facts on which she bases her claims. One year after termination of the Agreement between parties, the liability of Testservice.nl expires.

 

Article 19 - Secrecy

  1. Testservice.nl and Client commit to secrecy of all confidential information obtained within the scope of an assignment. Confidentiality stems from the assignment and should also be assumed if it can be reasonably expected that the information is confidential. Confidentiality is not applicable if the information concerned is already public/commonly known, the information is not confidential and/or the information was not disclosed to Testservice.nl by Client during the course of the agreement and/or was obtained by Testservice.nl in any other way.
  2. In particular, the confidentiality relates to advice, reports, designs, working methods and/or reports prepared by Testservice.nl regarding Client's order. Client is explicitly prohibited from sharing the content with employees who are not authorized to know and with (unauthorized) third parties. Furthermore, Testservice.nl will always handle any business sensitive information provided by Client with due care.
  3. If Testservice.nl is obligated by law or court order to provide (also) confidential information to a third party indicated by law or court order, and Testservice.nl cannot appeal to a right of non-disclosure, Testservice.nl is not obliged to any compensation and does not give Client any ground to dissolve the Agreement.
  4. Transfer or dissemination of information to third parties and/or publication of statements, advice or productions provided by Testservice.nl to third parties requires the written consent of Testservice.nl, unless such consent is explicitly agreed upon beforehand. Client shall indemnify Testservice.nl for any claims by such third parties as a result of reliance on such information disseminated without written consent from Testservice.nl.
  5. Testservice.nl and Client also impose the obligation of secrecy on any third party hired by them.

 

Article 20 - Safeguarding and correctness of information

  1. Client is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in whatever form, which she provides to Testservice.nl in the context of an Agreement, as well as for the data she has obtained from third parties and which have been provided to Testservice.nl for the purpose of performing the Service.
  2. Client indemnifies Testservice.nl from any liability as a result of not or not timely fulfilling obligations regarding the timely provision of all correct, reliable and complete data, information, documents and/or records.
  3. Client indemnifies Testservice.nl for all claims by Client and by third parties, engaged by Testservice.nl or working for Testservice.nl, as well as by clients of Client, based on the failure to obtain (on time) any grants and/or permissions required in the scope of the execution of the Agreement.
  4. Client indemnifies Testservice.nl for all third party claims resulting from the work performed for Client, including but not limited to intellectual property rights on data and information provided by Client which can be used in the execution of the Agreement and/or acts or omissions of Client towards third party(ies).
  5. If Client provides Testservice.nl with electronic files, software or information carriers, Client guarantees these to be free of viruses and defects.

 

Article 21 - Complaints

  1. If Client is not satisfied with the service of Testservice.nl or has any other complaints about the execution of the order, Client is obligated to report these complaints as soon as possible, but not later than within 7 calendar days after the event that led to the complaint. Complaints can be reported verbally or in writing via info@testservice.nl with subject "Complaint".
  2. The complaint must be sufficiently substantiated and/or explained by Client, in order for Testservice.nl to handle the complaint.
  3. Testservice.nl will respond as soon as possible, but within 7 calendar days after receipt of the complaint.
  4. The parties will try to reach a solution together.

 

Article 22 - Applicable law

  1. Dutch law is applicable to the legal relationship between Testservice.nl and Client.
  2. Testservice.nl is entitled to change these Terms and Conditions and will inform Client accordingly.
  3. In case of translations of these general terms and conditions, the Dutch version shall prevail.
  4. All disputes, which arise due to or as a result of the Agreement between Testservice.nl and Client, will be settled by the competent judge of the District Court of Amsterdam, unless mandatory law stipulates another competent judge.

 

Diemen 18 April 2021