Terms and conditions
Article 1. Definitions
These terms and conditions apply to every agreement concluded between Phila and a client.
If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions.
The practitioner/practice: Phila registered under RSRJ at the Chamber of Commerce in Amsterdam, under number 68043813
The client: the counterparty of Phila
Article 2. Treatment
1. The agreement between Phila and the client is entered into for the duration of the guidance.
2. Phila will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship; a best efforts obligation remains at Phila. All this on the basis of the state of the art known at that time.
3. The client ensures that all information that may reasonably be important for the proper implementation of guidance is communicated to Phila in a timely manner.
4. Appointments that cannot be kept must be canceled no later than 24 hours before appointment – weekend days not included. In case of non-cancellation or cancellation within 24 hours before the appointment, Phila reserves the right to charge for the reserved time.
Article 3. Payment and collection costs
1. The rates for consultations or separate interventions are based on the most recent rate list and/or are stated in the quotation for the relevant service.
2. Services for clients will be invoiced by Phila in accordance with the agreement.
3. In case of memberships, the parties agree on monthly installments.
4. Payment must always be made within 14 days after the invoice date in a manner to be indicated by Phila in the currency in which the invoice is made.
5. If the payment term is exceeded, the client is in default without notice of default being required.
6. The practitioner is entitled to suspend his/her obligations to provide services with effect from the date on which the payment term has expired. The practitioner will inform the client in good time of the aforementioned suspension of his/her services. With effect from the aforementioned date, the client owes statutory interest on the outstanding amount. Furthermore, all extrajudicial collection costs will be borne by the client. Collection costs include the costs of lawyers, bailiffs and collection agencies, determined in accordance with the applicable or customary rates.
Article 4. Liability
1. Phila is not liable for damage of any nature whatsoever caused by Phila relying on incorrect and/or incomplete data provided by or on behalf of the client. Phila is also not liable if advice is not followed or incorrectly followed.
2. If Phila should be liable for any damage, then the liability of Phila is limited to the amount paid out by its insurer, if applicable.
3. Phila is never liable for consequential damage, lost profit, missed savings and damage due to business interruption.
4. Phila is in no way liable for the quality and composition of the supplements and/or medicines it recommends. The supplier of these supplements or medicines is responsible for this.
5. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Phila.
6. In all cases, any liability of the practitioner is limited to the amount charged to the client.
7. The client is obliged to take all necessary measures to limit the damage for which he/she wishes to hold the practitioner liable.
Article 5. Privacy
1. The practitioner will treat all information concerning the client that she obtains during the performance of her services confidentially and will not provide this information to third parties, except in so far as the practitioner is obliged to do so or the practitioner has obtained permission. For details regarding privacy see the Privacy Statement.
Article 6. Duration of agreement and dissolution
1. Unless stipulated otherwise in the agreement, it is entered into for the duration of a trajectory or individual interventions. After the agreed contract period has expired, the agreement can be extended in consultation between both parties.
2. Without prejudice to the right to compensation of costs, damage and interest, each of the parties is entitled to dissolve the agreement without judicial intervention with immediate effect by registered letter if;
3. The other party has not fulfilled one or more of its obligations and has failed to fulfill its obligations within a term set for fulfillment by registered letter, unless the shortcoming(s) is/are of such a nature or minor significance that these do not reasonably justify dissolution.
4. Bankruptcy or suspension of payment is applied for or granted before the other party, or measures are taken that indicate termination or discontinuation of the company.
5. If the agreement is terminated prematurely by Phila, Phila will, in consultation with the client, arrange for the transfer of work still to be performed to third parties. This, unless the cancellation is attributable to the client. If the transfer of the work entails additional costs for Phila, these will be charged to the client. The client is obliged to pay these costs within the aforementioned term, unless Phila indicates otherwise.
Article 7. Indemnification
1. The client indemnifies Phila against any claims from third parties who suffer damage in connection with the implementation of the agreement and the cause of which can be attributed to others than Phila. If Phila should be held liable by third parties on that basis, the client is obliged to assist Phila both in and out of court and to immediately do everything that may be expected of him in that case. Should the client fail to take adequate measures, Phila is entitled, without notice of default, to proceed to do so itself. All costs and damage that arise on the part of Phila and third parties as a result are fully for the account and risk of the client.
Article 8. Applicable law and disputes
1. Dutch law applies exclusively to all legal relationships to which Phila is a party.
2. The court has exclusive jurisdiction to hear disputes, unless the law requires otherwise.
3. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 9. Complaints
1. Phila practitioners use a complaints procedure, Complaints Regulation Care of ZZP Nederland BV. If you have complaints about the treatment, it is good to make this known. If a personal meeting or mediation does not yield the desired result, you can use a complaints procedure. You can call in the Complaints Committee for this. For example, a complaints officer can be deployed via Quasir and the disputes body Stichting Zorggeschil.