General Terms and Conditions My Arbo
Article 1 - Definitions
1.1 Client: The natural or legal person who places an order for the performance of services.
1.2 Contractor: [Your Company Name], the executor of the RIE services.
1.3 Services: All work, in whatever form, that the contractor has performed for or on behalf of the client.
1.4 Agreement: Any agreement between the client and the contractor for the performance of services by the contractor for the benefit of
the client.
Article 2 - Applicability
2.1 These general terms and conditions apply to all quotations, agreements and deliveries of services or goods by or on behalf of the
contractor.
2.2 Deviations from these conditions are only valid if they have been expressly agreed in writing.
Article 3 - Quotations and Conclusion of Agreements
3.1 All quotations from the contractor are without obligation, unless a term for acceptance is stated in the quotation.
3.2 Agreements are only concluded after acceptance of the quotation by the client.
Article 4 - Execution of the Services
4.1 The contractor undertakes to perform the agreed services to the best of his knowledge and ability.
4.2 The Contractor has the right to have certain work performed by third parties.
4.3 The performance of the services is based on the information provided by the client. 4.4 The client guarantees the
correctness and completeness thereof.
Article 5 - Changes and Additional Work
5.1 Changes to the work or additional work will only be carried out after agreement between both parties.
5.2 Additional work and any additional costs associated with it will always be agreed with the client in advance and,
if necessary, be confirmed in writing.
Article 6 - Payment and Payment Terms
6.1 Payments must be made within the agreed terms, but in no case later than 30 days after the invoice date.
6.2 If the contractor has not received (full) payment after the payment term has expired, the client is in default.
default and all claims of the contractor on the client shall be immediately due and payable.
6.3 In the event of default of payment, interest and collection costs are due.
Article 7 - Liability
7.1 The liability of the contractor is limited to the amount of the payment to be made by the contractor's insurer.
7.2 The Contractor shall be liable solely for direct damage caused by proven shortcomings of the Contractor in the
performance of the services.
7.3 The RI&E reports supplied by the contractor that are fully or partially automatically generated are based on
standard sector information, generally applicable laws and regulations and recognized sources. The client is at all times responsible
for the correct and complete provision of data.
The Contractor is not liable for damage resulting from incomplete or incorrect input by the Client, nor for the use
of the automatically generated RI&E report without further testing or additional on-site inspection.
Article 8 - Intellectual Property
8.1 All intellectual property rights to all materials developed or made available under the agreement are vested in
at the contractor's.
Article 9 – Confidentiality and processing of personal data (GDPR)
9.1 Both parties are obliged to maintain confidentiality of all information that they have received from each other or from other sources in the context of their agreement.
obtained.
9.2 The Contractor shall process personal data of clients only to the extent necessary for:
- the execution of the agreement,
- drawing up RI&E reports,
- and managing customer relationships.
The Contractor shall take appropriate technical and organizational measures to protect the personal data. The
Personal data will not be retained for longer than is necessary for the above-mentioned purposes, unless legal obligations provide otherwise.
For more information about how personal data is processed, the contractor refers to the privacy statement on the website
from My Arbo.
- Article on limitation of liability for automatic advice
- Article on processing of personal data (GDPR), with reference to the purpose: “drawing up RI&E”
Article 10 - Disputes and Applicable Law
10.1 All legal relationships in which the Contractor is a party are exclusively governed by the law of the country of the Contractor.
10.2 Disputes will initially be resolved by mutual agreement, failing which they will be submitted to the competent court.
judge in the district of the contractor.
Article 11 - Termination of the Agreement
11.1 The Agreement may be terminated by either party if either party fails to fulfil its obligations under the Agreement.
11.2 Termination shall not affect any financial obligations that have already arisen.
Article 12 – Automatically generated advice and limitation of liability
12.1 In certain cases, the Contractor offers automated Risk Inventories and Evaluations (RI&E) based on sector information,
legislation, AI sheets and standard risk analyses.
12.2 The Client acknowledges and accepts that these automatic RI&Es constitute basic advice and not an individual workplace inspection or
replace custom advice.
12.3 The Contractor is not liable for damage resulting from the use of automatic RI&Es if the damage is related to
incomplete, incorrect or wrongly entered data by the client.
12.4 For customized or in-depth assessment, the client can request an additional evaluation or assessment at an additional cost.
Article 13 – Processing of personal data (GDPR)
13.1 The Contractor processes personal data exclusively for the purpose of performing the Agreement, in particular for drawing up
of the Risk Inventory & Evaluation (RI&E) and the management of customer files.
13.2 The processing takes place in accordance with the applicable privacy legislation (GDPR).
13.3 The Client has the right to request access, correction or deletion of his personal data.
13.4 The Contractor shall take appropriate technical and organizational measures to protect personal data against loss or any
form of unlawful processing.
13.5 Personal data will not be kept longer than necessary for the purpose for which they were collected, unless statutory retention periods apply.
determine otherwise.
Article 14 – Force Majeure
14.1 Force majeure means: any circumstance beyond the control of the Contractor that prevents performance of the agreement.
is temporarily or permanently impossible, including disruptions to the computer network, failure of internet connections, illness of
staff, pandemics, fire, government measures and general transportation problems.
14.2 During force majeure, the obligations of the Contractor shall be suspended. If the period in which performance of the obligations is prevented due to force majeure,
obligations by the Contractor is not possible for longer than 30 days, both parties are entitled to terminate the agreement
without any obligation to pay damages.
14.3 To the extent that the Contractor has partially fulfilled its obligations at the time the force majeure occurs, or will partially fulfil them,
If the Contractor is unable to comply with the agreement, the Contractor is entitled to invoice the part already fulfilled separately.
Article 15 – Tariff changes
15.1 The Contractor reserves the right to adjust rates annually on 1 January in accordance with the rate published by Statistics Netherlands.
inflation rate or other relevant cost developments.
15.2 The Contractor will communicate any rate changes to the Client in writing at least 30 days before they take effect.
15.3 If the client does not agree with the changed rates, the client has the right to terminate the agreement in writing.
terminate on the date the change takes effect.
