Unless expressly agreed otherwise in writing, these general terms and conditions apply to all offers and agreements. whereby OptiBiz undertakes outside employment, to provide advice, to carry out projects and research and/or to provide other services to a client.
II SCOPE OF THE AGREEMENT
OptiBiz is exclusively obliged to perform the work agreed in writing.
OptiBiz will make every effort to execute the agreement in a careful manner. OptiBiz does not guarantee that the intended result will be achieved according to the assignment.
If during the performance of the agreed work it appears that the assignment or part thereof can only be changed due to a circumstance not attributable to OptiBiz without the scope of the agreed work being expanded, OptiBiz will provide the services in a manner that approach the agreed services as much as possible, whereby the client is obliged to pay the agreed fee.
OptiBiz is authorized to make use of third parties in the execution of the agreement. OptiBiz is also authorized to replace consultants or other personnel involved in the execution of the agreement at any time.
All prices stated in the quotation are exclusive of VAT.
The published rates are charged for all services to be provided by OptiBiz, which apply at the time the order is issued.
Unless otherwise agreed in writing, the amount owed must be paid before the start of the relevant training or project.
V PERFORMANCE OF THE AGREEMENT
With regard to participants who are not or are not permanently present during a project or training, the entire agreed participation costs remain due. without the participant being entitled to attend a later similar
- OptiBiz is entitled to deny access to projects to participants who prevent the correct execution of projects.
- The client is obliged to follow the instructions of OptiBiz with regard to (participation in) the execution of the agreement.
- OptiBiz is not liable for the behavior of the participants and the resulting consequences.
- Unless otherwise agreed, the necessary work and documentation material is provided by OptiBiz and made available at no additional cost. Reproduction, or use in whole or in part of this material for purposes other than those for which it was provided, is prohibited, except with the prior written consent of OptiBiz.
Each of the parties is bound to secrecy with regard to all confidential information originating from the other party. The duty of confidentiality also extends to information arising from the contact between the consultants and participants
to projects. The personal judgment of the consultants (unless otherwise agreed with those involved) is not transferred to the client.
- The client is in any case obliged to maintain secrecy with regard to models, methods, techniques, ideas and analyzes of OptiBiz as well as all other information relating to the (method of) execution of the agreement by OptiBiz, insofar as OptiBiz has given permission for disclosure. .
- The parties will do everything that is reasonably possible and necessary to ensure confidentiality with regard to the data and information referred to in this article. Each of the parties shall ensure that its personnel, as well as all other
persons who have access to the information due to circumstances attributable to them. the duty of confidentiality
comply. The duty of confidentiality continues to exist after the termination of the agreement.
- If OptiBiz imputably falls short in the fulfillment of any obligation arising from the agreement, the client will have to give OptiBiz written notice of default, whereby OptiBiz will be given a reasonable term to remedy the shortcoming and/or still fulfill its obligations after without being liable to pay any compensation. The limitation included in this paragraph does not apply if and for such damage is a direct result of intent or gross negligence on the part of OptiBiz or its managerial subordinates.
- OptiBiz is not liable for consequential damage as a result of errors in reports, loss of man-hours and loss of turnover and profit at the client.
- The client will indemnify OptiBiz against all claims for third parties arising from or related to the execution of the agreement by OptiBiz.