Terms and conditions Fitsurance IN
Fitsurance is the limited liability limited liability company; Fitsurance IN registered in India and registered with the Chamber of Commerce under number *******.
Services and advice
All services and advice provided by Fitsurance IN to a person (hereinafter: participant) or Client.
The person (hereinafter: participant) or organisation, or her eventual successor(s), who has given a contract to Fitsurance for the provision of services and/or advice. Unless expressly other written agreements with Fitsurance have been made, the client is the one who is required to pay the agreed price for the services of Fitsurance.
where appropriate, Fitsurance may provide its services (co-or) with the help of third parties engaged by it. Fitsurance can change the composition of a team at any time if it considers that this is necessary for the proper execution or continuity of its services.
The total agreed amount of the contract, named in the signed contract confirmation or in the tender or the programme proposal submitted by the client for agreement.
The written confirmation of the service to Client, including any attachments.
All claims, damages and costs that are in any way related to or arising from the Contract or Services.
All information, trade secrets or other propensably protected information relating to a party (the “Provider”) which has been classified as confidential by the Provider or is confidential by its very nature.
ARTICLE 1 APPLICABILITY OF THESE TERMS AND CONDITIONS
- These Terms and Conditions apply to all offers, tenders, contracts, work performed by and agreements concluded with Fitsurance.
- These conditions also apply to contracting orders involving third parties.
- If one or more of the provisions in these Terms and Conditions expire, the other provisions of these Terms and Conditions shall continue to apply. In that case, the Parties will consult to agree replacement provisions, based as far as possible on the purpose and scope of the original provision.
- Fitsurance reserves the right to amend or amend these Terms and Conditions in the future.
ARTICLE 2 CONTRACTING
- Fitsurance’s offers are based solely on the information provided to it by a client. The client guarantees that he/she has provided fitsurance with all relevant information for the making of the tender and for the design and execution of the contract. If this information is found to have been incorrect and/or incomplete at any time, Fitsurance reserves the right to adjust the contract for the services to be provided by Fitsurance, as if one-sided and/or interim.
- A composite quotation does not oblige Fitsurance to carry out part of the contract at a corresponding part of the agreed contract.
- An order is granted by means of the signed return of an agreement issued by Fitsurance, or by giving the written and/or by e-mail agreement on the digitally sent quote. This makes this digital quote also the contract confirmation.
- An assignment is also awarded by means of registration to participate in services of Fitsurance, after which a contract confirmation of this registration and the contract will be sent (digitally) to the client.
- The absence of a written agreement of the tender or agreement issued by Fitsurance shall be without prejudice to the fact that the client is deemed to have awarded fitsurance, in accordance with the terms of the tender, when and as soon as the actual service has been commenced by Fitsurance.
ARTICLE 3 INTERIM CHANGE IN THE CONTRACT
- If an interim change to the contract or contract execution arises at the request of or at the hands of the client, Fitsurance will make the necessary adjustments if possible.
- If interim changes, which Fitsurance can comply with, lead to additional work compared to the original contract amount, this will be charged to the client, without the need for a separate written order.
- By changing the contract in the interim, the client has agreed in advance to the financial consequences of this.
ARTICLE 4 EFFORT OBLIGATION
- Fitsurance will perform the services it provides with the care of a reasonably and reasonably competent professional service provider.
- For its services there is an obligation to make an effort, which means that Fitsurance does not guarantee the success and success of its services nor the extent to which this service contributes to the purpose set by the client and/or participant.
ARTICLE 5 OFFERS AND CONCLUSION OF THE AGREEMENT
- All offers of Fitsurance have a validity period of 30 days from day drawing, are non-binding and can be revoked form-free. Fitsurance is not subject to offers if they are not accepted in writing within 30 days of the listing.
- If the offer is accepted within the period of validity, Fitsurance reserves the right to withdraw the offer within five working days of receipt of the offer.
- Acceptance of an offer by a client will be made in writing and/or digitally, without prejudice to the provision of Article 2.5 and 3.1 of these Terms and Conditions.
ARTICLE 6 OBLIGATIONS FOR THE CLIENT
- The client guarantees that the number of participants agreed in the contract actually participates in the service agreed with Fitsurance. If the agreed number does not ultimately participate, the client will nevertheless owe fitsurance the full contract sum as stated in the tender and/or contract confirmation.
- If a participant is unable to participate due to unforeseen circumstances, this place can be filled by another participant, this only after prior obtained consent of Fitsurance. If the acquisition of the vacant place is not possible, the client will be charged the full contract amount, unless expressly agreed otherwise.
- The client provides all the necessary information, documents and data that Fitsurance needs to carry out the assignment according to agreement. If fitsurance so requests, the client provides Fitsurance with a workspace with telephone and/or internet connection at his/her location free of charge.
ARTICLE 7 TARIFFS, COSTS AND PRICES
- Fitsurance’s offer always clearly indicates the rates and charges that fitsurance will charge for the work it has appointed.
- Prices in tenders, contracts and other publications do not include VAT, excluding publicly imposed levies and excluding other costs to be incurred or incurred for the contract, such as, for example, but not exclusively shipping and administration and travel expenses, unless otherwise specified.
For travel expenses, the rates used for this purpose are indicated in the case of order confirmation.
ARTICLE 8 BILLING AND PAYMENT TERMS
- Fitsurance’s fee and the costs it incurred by its client are always charged to the client by means of a written or digital invoice. In the choice of Fitsurance, the entire amount of the contract or part thereof can be invoiced on an advance basis.
- Payment by the client must always be made within 14 days of the invoice date, unless otherwise stated in the tender or on the invoice.
- After this maturity date, the client is in default and is owed to Fitsurance on the amount of the invoice the statutory interest, without any default being required. In addition, if payment is not made, fitsurance can unilaterally suspend the contract, without fitsurance being liable for damages to the client as a result. In addition, Fitsurance is entitled to unilaterally terminate the agreement.
- If the client is in default with regard to the payment to Fitsurance or the client otherwise falls short in the fulfilment of one or more obligations on its resting obligations, then all related to this by making Fitsurance (collection and other judicial or out-of-court) costs on behalf of the client, always with a minimum of 25% of the agreed contract sum.
- In the case of agreed periodic payments, payment before the expiry date on the (partial) invoice is required. If the client is in default with regard to the payment of the partial invoice, fitsurance is entitled to claim the full amount.
- Payment in parts can only take place after agreement and confirmation by Fitsurance. If the partial payments are not made in time, Fitsurance is entitled to claim the statutory interest for companies on the amount paid too late.
ARTICLE 9 CANCELLATION CONDITIONS
- If, for reasons not attributable to Fitsurance, the contract is not taken by the client, the following cancellation conditions apply
- a. a participant cancels less than 24 hours before the start of the appointment, the cancellation fee is 100%.
- b. a participant cancels more than 24 hours before the start of the appointment, the cancellation fee is 25%.
- c. a participant wants to cancel the appointment more than 24h before the start of the appointment, the appointment is rescheduled and there are no cancellation fees.
ARTICLE 10 DURATION AND INTERIM TERMINATION OF THE CONTRACT
- The Contract shall end as soon as the Services have been performed, except for previous termination in accordance with the Contract.
- Interim termination of an agreement is only possible if the parties have expressly agreed in writing or under payment of the amount due until the original end of the agreement, unless the parties have agreed on a written payment.
- Fitsurance is entitled to terminate the Order immediately by means of a written notification to the Client, if Fitsurance finds that the execution of the Contract is wholly or partially contrary to the law or otherwise unlawful.
- In the event of termination of the Contract, The Client owes Fitsurance a fee in accordance with the Order Confirmation for the Services provided up to and including the termination date and costs incurred.
- Upon termination, articles will continue to apply under these terms of service, including the obligation of confidentiality.
ARTICLE 11 LIABILITY
- Fitsurance and its employees and partners are never liable for any (direct or indirect) damages caused to the client and/or to the participant by and/or during the use of business and/or services provided by and/or on behalf of Fitsurance.
- Fitsurance is not liable for direct or indirect damage seen by the client as a result of actions or decisions taken as a result of or during a measurement, advisory or other service.
- In addition, Fitsurance is never liable for the quality or outcome of the services it provides, and fitsurance has only an obligation to exert. (see Article 4).
- The client protects Fitsurance from all claims of third parties that are directly or indirectly related. In particular, the client exempts Fitsurance from third-party claims for damages caused by the client providing Fiturance with incorrect or incomplete information, unless the damage was caused by design or gross negligence from Fitsurance.
ARTICLE 12 INTELLECTUAL PROPERTY / COPYRIGHT
- Models, techniques, instruments and materials developed and/or used by Fitsurance for the performance of the assignment are and remain the property of Fitsurance. The same applies to the reports to be released by Fitsurance.
- The client is given the right to use reports for personal use or within her own organisation.
- All documents developed by Fitsurance are legally copyrighted.
ARTICLE 13 CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA
- Fitsurance is held to secrecy of everything that has become known to her about her participant and/or client.
- Fitsurance does not share information with third parties, without the consent of the client and/or participant. Where disclosure is required by or under the law or under civil, criminal or administrative procedures (including supervision and investigation), Fitsurance is obliged to share this information.
- Fitsurance is responsible for the processing of personal data of the Client. Fitsurance ensures the lawful processing of personal data and that the rights of third parties are not infringed.
ARTICLE 14 SPECIAL PROVISIONS
- Fitsurance is authorized to change these terms and conditions. The latest version of the terms and conditions, such as found on the Fitsurance website, will always apply.
- Dutch law applies to the Contract, including all matters relating to it, and to its interpretation.
- The parties will endeavour to resolve disputes or claims arising from or related to the Contract through negotiations.
- In the event of a dispute, the competent Dutch court shall rule.
Version 1.1 01-11-2020