General
Terms and conditions

Version: June 2026 · Private Addiction Care B.V. · CoC 98221361 · Rijakkerweg 5c, 5741 RR Beek en Donk

These terms and conditions apply to all services provided by Private Addiction Care B.V. You will also receive them with every service agreement. In the event of translations, the Dutch version shall prevail. See also the privacy policy and Privacy statement.

Article 1: Definitions

In these terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise.

  1. Offer: Any offer or quotation provided to the Client by Private Addiction Care B.V. for the performance of Services.
  2. Company: The natural or legal person acting in the course of a trade or business.
  3. Consumer: The natural person who is not acting in the course of a profession or business, and who makes actual use of the Services.
  4. Services: all forms of guidance, coaching, consultation, support and advice that Private Addiction Care offers and/or provides to the Client pursuant to the Agreement. These services may be carried out both individually and in a group context and include, but are not limited to, recovery support, family guidance, aftercare programmes, support during interventions, guidance during admissions, lifestyle coaching, relapse prevention and other related support or guidance sessions. Private Addiction Care exclusively fulfils a supporting and guiding role.

The Services may be provided at the location of Private Addiction Care, at another agreed location, or remotely via digital communication means, including video consultations, all in accordance with the arrangements made by the parties in the Agreement.

The Services explicitly do not qualify as medical, paramedical, psychotherapeutic or other clinical treatments and may not be regarded as such. Private Addiction Care does not provide medical treatment as referred to in Section 7:446 of the Dutch Civil Code.

  1. Private Addiction Care: The service provider Private Addiction Care B.V. which offers Services to the Client.
  2. Client: The company or consumer that commissions or has commissioned Private Addiction Care for Services, or to which Private Addiction Care makes or has made an Offer. The term Client is also understood to include their family members, employer and/or other persons who commission or have commissioned Private Addiction Care.
  3. Agreement: Every agreement and any Offer accepted by the Client and all related (legal) act(s) and other obligations between the Client and Private Addiction Care.

Article 2: Applicability

  1. These terms and conditions apply to every offer made by Private Addiction Care, every agreement between Private Addiction Care and the client, and all services offered and provided by Private Addiction Care.
  2. Deviation from these terms and conditions is not possible unless this has been explicitly agreed in writing with Private Addiction Care.
  3. These terms and conditions also apply to additional, amended and follow-up assignments from the Client.
  4. The Client's general terms and conditions are excluded.
  5. If one or more provisions of these general terms and conditions are or become partly or wholly void or are annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect, and the void or annulled provision shall be replaced by a provision with the same import as the original provision.
  6. Ambiguities regarding the content, explanation, or situations not regulated in these general terms and conditions must be assessed and interpreted in accordance with the spirit of these general terms and conditions.
  7. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is explicitly excluded.
  8. In the event that Private Addiction Care has not consistently required compliance with these general terms and conditions, it reserves the right to demand full or partial compliance with these general terms and conditions.

Article 3: Offer

  1. All offers made by Private Addiction Care are without obligation, unless explicitly stated otherwise in writing. If an offer is limited or valid under specific conditions, this will be explicitly stated in the offer.
  2. Private Addiction Care is only bound by an Offer if it is confirmed in writing by the Client within 30 days.
  3. The Offer contains a description of the offered Services along with the fee. The description is sufficiently specified so that the Client is able to make a proper assessment of the Offer. Any data in the Offer are merely an indication and cannot be grounds for any compensation or the dissolution of the Agreement.
  4. An Offer does not automatically apply to follow-up orders.
  5. Implementation dates in a Proposal are in principle indicative and, in the event they are exceeded, do not give the Client the right to terminate the Agreement or claim damages, unless expressly agreed otherwise.

Article 4: Formation of the Agreement

  1. The Agreement is concluded at the moment that the Client accepts an Offer from Private Addiction Care by returning a signed copy of the Offer to Private Addiction Care, or gives explicit and unambiguous agreement to the Offer by e-mail.
  2. Private Addiction Care has the right to withdraw from the Agreement for a period of seven calendar days. If Private Addiction Care withdraws an Offer in accordance with paragraph 1, the Client shall not be entitled to any damages or compensation. Any fee already paid by the Client to Private Addiction Care shall be refunded to the Client within seven calendar days.
  3. Private Addiction Care is not bound by an Offer if the Client could reasonably have expected, should have understood or ought to have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or clerical error.
  4. Any Agreement entered into with Private Addiction Care is with the company Private Addiction Care B.V. and not with an individual natural person associated with Private Addiction Care.
  5. The right of withdrawal for the Client being a Company is excluded, unless agreed otherwise.

Acting as a Consumer, the Client has the right to withdraw from the Agreement for a period of fourteen calendar days, unless Private Addiction Care has already commenced the Services with the Client's consent. By means of this consent, the Client waives their right of withdrawal.

If the Client revokes an Offer accepted in accordance with paragraph 1 as referred to in this article, the costs actually incurred by Private Addiction Care, including the time spent by Private Addiction Care, shall be charged to the Client.

  1. If the Agreement is entered into by multiple Clients, each Client shall be jointly and severally liable for the fulfilment of all obligations arising from the Agreement.
  2. Prior to the conclusion of an Agreement, Private Addiction Care offers the Client the opportunity for a no-obligation introductory meeting to discuss the wishes and needs of the Client.
  3. Private Addiction Care reserves the right at all times to refuse to make an Offer or to enter into an Agreement.

Article 5: Duration of the Agreement

  1. The Agreement is entered into for an indefinite period, unless the content, nature or purport of the Services entails that it has been entered into for a definite period. The duration of the Services is also dependent on external factors, including, but not limited to, the quality and timely provision of the information that Private Addiction Care obtains from the Client.
  2. Both the Client and Private Addiction Care may terminate the Agreement on the grounds of an attributable failure in the performance of the Agreement if the other party has been given notice of default in writing and has been granted a reasonable period to fulfil its obligations, and still fails to correctly fulfil its obligations thereafter. This is also understood to include the payment and other obligations of the Client.
  3. Both the Client and Private Addiction Care may terminate the Agreement in whole or in part in writing with immediate effect without further notice of default in the event that either party is granted a moratorium of payments, has filed for bankruptcy, or terminates its business through liquidation. If a situation as referred to above occurs, Private Addiction Care shall never be obliged to refund any fees already received and/or to pay compensation for damages.
  4. Furthermore, the Agreement shall also terminate by:
  1. completion of the Services agreed upon with the Client, specifically by operation of law at the time of completion of the Services;
  2. the death of the Client, specifically by operation of law on the day of the Client's death;
  3. termination as referred to in this article;
  4. dissolution by judicial intervention, specifically at the time specified in the court's ruling or judgement;
  5. with the consent of both parties, and at the time agreed upon by both parties.
  1. The Agreement may be terminated by the Client at any time (interim). Termination by the Client must be in writing, optionally via email, observing a notice period of at least four weeks and stating reasons. In the event that the Client terminates the Agreement against the advice of Private Addiction Care, the Client shall sign a written statement to this effect. The provisions of paragraph 9 of this article shall then apply.
  2. Private Addiction Care may also terminate the Agreement in writing (interim) if
  1. the Client fails to fulfil any of their obligations under the Agreement;
  2. Client refuses to provide the cooperation that is reasonably necessary for the proper execution of the Agreement;
  3. The client displays behaviour towards employees, contractors and/or other clients of Private Addiction Care that seriously impedes the continuation of the Services;
  4. the scope or severity of the Services develops as a result of a changed care requirement in such a way that it falls or will fall outside the scope of the Agreement;
  5. during the Services, due to the actions of third parties, whether or not relatives of the Client, severe tensions arise with Private Addiction Care, as a result of which the continuation of the Services is seriously hindered;
  6. Client has, trades in and/or consumes alcohol and/or drugs during the Services, or experiences a (relapse into) substance use;
  7. if, in the opinion of Private Addiction Care, the Client is intoxicated, aggressive, threatening, poses safety risks, or uses substances as a result of which responsible service provision is (no longer) possible;
  8. nothing is heard from the Client for a period of 28 days during the Services.
  1. Upon termination as referred to in paragraph 6, sub d, Private Addiction Care will, to the best of its ability, assist the Client in finding an alternative.
  2. In the event of early termination of the Agreement by Private Addiction Care, Private Addiction Care shall observe a reasonable notice period as well as the due care regarding aftercare that may reasonably be expected of Private Addiction Care.

The foregoing regarding the reasonable notice period shall not apply if the Agreement terminates by operation of law, by mutual consent or with immediate effect. In the situations referred to above in paragraph 6, sub a, c, e, f, g and h, Private Addiction Care may terminate the Agreement with immediate effect.

  1. If the Agreement is terminated as referred to in this article, Private Addiction Care shall retain its claims arising from the Agreement. This means – amongst other things – that no refund shall be made of the fees already paid by the Client, and Private Addiction Care shall retain the right to the fee for work already performed, costs incurred and obligations already entered into towards third parties. Such fee shall then be immediately due and payable. This article does not apply to the withdrawal referred to in Article 4, paragraph 2.

Article 6: Suspension of the Agreement

  1. Private Addiction Care is entitled to suspend the Services in whole or in part if circumstances arise that (temporarily) prevent the responsible performance of the Services. Suspension may occur, inter alia, in the situations referred to in Article 5, paragraph 6 of these general terms and conditions.
  2. Suspension of the Services shall be notified to the Client in writing, stating the reason, the commencement date and, where possible, the expected duration. Private Addiction Care shall make every effort to consult with the Client about this in advance, unless this cannot reasonably be expected.
  3. The Services may be resumed as soon as the situation that led to the suspension has been sufficiently resolved or altered, and resumption of the Services is deemed justifiable by Private Addiction Care. Private Addiction Care shall, in consultation with the Client, record the conditions under which resumption is possible.
  4. If, in the opinion of Private Addiction Care, suspension is structurally or permanently necessary, this may lead to the (partial) termination of the Agreement. In that case, Private Addiction Care shall inform the Client in writing and, where possible, provide support with the transfer or referral.
  5. If the Agreement is suspended as referred to in this article, Private Addiction Care reserves its rights under the Agreement. This means – inter alia – that no refund will be made of the fee already paid by the Client, and Private Addiction Care reserves the right to payment for work already performed, costs incurred and commitments entered into. This fee shall then become immediately due and payable.

Article 7: Aftercare

Upon termination of the Agreement and upon suspension of the Agreement, Private Addiction Care shall make reasonable efforts to minimise the consequences for the Client as far as possible and, where necessary, to organise or assist in organising appropriate aftercare or temporary alternative support.

Article 8: Performance of the Services

  1. Private Addiction Care will make every effort to perform the Services with the greatest possible care, as may be expected of a competent service provider. Private Addiction Care guarantees professional and independent service provision. All Services are performed on the basis of a best-efforts obligation, unless a specific result has been explicitly and in writing agreed and described in detail in the Offer. Private Addiction Care does not provide emergency assistance, crisis intervention, psychiatric care, medical care or any other acute help services. In the event of a crisis situation, medical emergency, suicidality, psychological deregulation or other acute circumstances, the Client must contact their general practitioner, out-of-hours GP service, mental health crisis service, 112 or another appropriate healthcare provider.
  2. The Agreement on the basis of which Private Addiction Care performs the Services shall be leading for the scale and scope of the Services. The Agreement will be performed solely for the benefit of the Client. Third parties cannot derive any rights from the content of the performed Services in connection with the Agreement.
  3. The information and data provided by the Client form the basis upon which the Services offered by Private Addiction Care and the fee are based. Private Addiction Care has the right to adjust its Services and the fee if the information provided by the Client proves to be incorrect and/or incomplete.
  4. In the performance of the Services, Private Addiction Care is not obliged or required to follow the instructions of the Client if this alters the content or scope of the Services. If the instructions result in further or additional services for Private Addiction Care, the Client is obliged to pay the additional supplementary fee accordingly.
  5. Private Addiction Care is authorised to engage third parties at its own discretion for the performance of the Agreement. Private Addiction Care is authorised to engage third parties in the performance of the Agreement. The Client accepts that such third parties carry out their work independently and under their own responsibility. If the engagement of third parties results in further or additional services and thereby alters the content or scope of the Services, the Client is obliged to pay the additional supplementary fee to Private Addiction Care.
  6. If the nature and duration of the Services so require, Private Addiction Care shall keep the Client informed of the progress in the interim.
  7. The execution of the Services is based on the information provided by the Client. If the information needs to be amended, this may have consequences for any established schedule of the Services. Private Addiction Care shall not be liable for the adjustment of the schedule of the Services. If the commencement, progress, or delivery of the Services is delayed because, for example, the Client has failed to provide all requested information either not at all, not on time, or not in the desired format, provides insufficient cooperation, an advance payment on the fee has not been received by Private Addiction Care on time, or there is a delay due to other circumstances which are for the account and risk of the Client, Private Addiction Care shall be entitled to a reasonable extension of the execution period of the Services. All damage and additional costs resulting from a delay caused by any of the reasons mentioned above shall be for the account and risk of the Client.

Article 9: Obligations of the Client

  1. The Client is obliged to provide all information requested by Private Addiction Care, as well as relevant attachments and related information and data, in a timely manner and/or prior to the commencement of the Services and in the desired form for the purpose of a proper and effective execution of the Agreement. The Client guarantees the quality and the timely and correct delivery of the required data and information. The consequences of any failure by the Client to comply with the foregoing shall at all times be for the Client's account and risk.
  2. Private Addiction Care is not obliged to check the accuracy and/or completeness of the information provided to it, nor is Private Addiction Care

responsible for the accuracy and completeness of the information compiled by Private Addiction Care for third parties and/or provided to third parties within the framework of the Agreement.

  1. The Client shall notify Private Addiction Care in writing prior to the commencement of the Services of all circumstances that are or may be of relevance, including any points and priorities to which the Client wishes attention to be paid.
  2. Private Addiction Care may, if necessary for the execution of the Agreement, request additional information from the Client. In the absence thereof, Private Addiction Care is entitled to suspend its Services until the information has been received, without being obliged to pay any compensation on whatever grounds whatsoever to the Client.
  3. In the event of changed circumstances on the part of the Client, the Client must notify Private Addiction Care of this immediately, or at the latest within five working days after the change has become known.

Article 10: Additional Services and Modifications

  1. If during the performance of the Agreement it appears that the Agreement needs to be amended, or at the request of the Client further Services are required to achieve the desired result of the Client, the Client is obliged to pay for these additional Services in accordance with the agreed fee.
  2. Private Addiction Care is not obliged to comply with the aforementioned request from the Client and may require the Client to enter into a separate Agreement for that purpose.

Article 11: Fee and expenses

  1. The fee of Private Addiction Care consists of a predetermined amount. If a fixed amount has been agreed upon, the Client is furthermore required to pay Private Addiction Care a rate per worked time unit, if and to the extent that the Services exceed the Services specified in the Agreement.
  2. Payment of the fee is not dependent on the result of the Services, unless agreed otherwise.
  3. In addition to the fee, the expenses incurred by Private Addiction Care will be charged to the Client.
  4. Private Addiction Care has the right to request an advance payment from the Client.
  5. Private Addiction Care is entitled to amend its rates, package prices and hourly fees at any time, subject to the provisions of this article.

A tariff change is never retroactive. For already concluded Agreements in which a fixed rate, package price or pre-determined fee has been agreed, this agreed rate shall continue to apply until the end of the execution of that Agreement, even if a general tariff change takes place in the meantime.

For indefinite-term agreements and/or ongoing services on an hourly basis, Private Addiction Care may change the rate, subject to a notice period of at least thirty (30) calendar days, notified in writing and with reasons given to the Client.

If the Client being a Consumer does not wish to accept an announced rate change as referred to above, they have the right during the announcement period to terminate the Agreement free of charge and without any further obligation, taking effect from the start date of the new rate.

Services already delivered will be charged at the old rate.

An annual adjustment of the hourly rate and/or package prices based on the Consumer Price Index (CPI, all households) or a comparable index published by Statistics Netherlands (CBS), with a maximum of once per calendar year as of 1 January, does not constitute a rate change within the meaning of this article and does not require separate notification. Nor does such indexing apply retrospectively, and it applies exclusively to Services performed from the date of indexing.

Subsequent assignments, renewals and extensions that are concluded after a rate change shall be deemed to have been agreed at the rate applicable at that time, unless the parties expressly agree otherwise in writing.

  1. Estimates of the fee regarding the Services must be provided in writing and expressly, and are without obligation and non-binding.
  2. Travel time and travel expenses as well as accommodation costs of Private Addiction Care shall be invoiced separately to the Client.
  3. Where required by law, value added tax shall be charged separately on all amounts owed by the Client to Private Addiction Care.

Article 12: Payment

  1. Payment by the Client of the amounts owed to Private Addiction Care must be made within fourteen days of the invoice date, without the Client being entitled to any deduction, discount, suspension or set-off, unless the Client and Private Addiction Care have made other arrangements in this regard. The day of payment is the day on which the amount owed is credited to the account of Private Addiction Care.
  2. When the Client fails to meet their payment obligation and has not fulfilled their obligation within the stipulated payment term of fourteen days following the invoice date, the Client being a Business shall be in default by operation of law. The Client being a Consumer shall first receive a written reminder from Private Addiction Care with a period of 14 days from the date of the reminder to still fulfil the payment obligation, accompanied by a statement of the extrajudicial costs if the Client being a Consumer fails to meet their obligations within that period, before they fall into default.
  3. From the date that the Client is in default, Private Addiction Care shall be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full satisfaction, and compensation for extrajudicial costs pursuant to Section 6:96 of the Dutch Civil Code, to be calculated in accordance with the scale set out in the Extrajudicial Collection Costs Decree of 1 July 2012.
  4. If Private Addiction Care has incurred further or higher costs which are reasonably necessary, these costs shall be eligible for reimbursement. Furthermore, the comprehensive legal and enforcement costs incurred shall be borne by the Client. Payments made by the Client shall always serve first to settle all interest and costs due, and subsequently the invoices that have become due and payable. It is up to Private Addiction Care to determine which outstanding invoice the payment is allocated to, even if the Client states that the payment relates to a specific invoice.
  5. In the event of an instruction being given jointly, each Client shall be jointly and severally liable towards Private Addiction Care for the payment of the invoice amount and any interest(s) and costs due.
  6. If, in the opinion of Private Addiction Care, the financial position or payment behaviour of the Client gives cause to do so, or if the Client fails to pay an advance payment or an invoice within the stipulated

agreed payment term, Private Addiction Care is entitled to require the Client to immediately provide (additional) security in a form to be determined by Private Addiction Care. If the Client fails to provide the requested security, Private Addiction Care is entitled, without prejudice to its other rights, to immediately suspend the further performance of the Agreement and all sums owed by the Client to Private Addiction Care on any account whatsoever shall become immediately due and payable.

Article 13: Privacy and personal data

  1. Private Addiction Care processes personal data of the Client in accordance with applicable laws and regulations in the field of privacy and data protection, including the General Data Protection Regulation (GDPR).
  2. In the context of the performance of the Agreement, Private Addiction Care may process personal data, including special category personal data as referred to in Article 9 of the GDPR, such as data concerning physical or mental health, addiction issues, the request for assistance, treatment history and other data voluntarily provided by the Client that are necessary for the performance of the Services.
  3. The processing of personal data shall take place exclusively to the extent that a valid legal basis exists therefor, including the performance of the Agreement, compliance with a legal obligation, the pursuit of a legitimate interest of Private Addiction Care, or on the basis of the explicit consent of the Client, if and to the extent that such consent is required by law.
  4. The manner in which Private Addiction Care processes, secures, retains and shares personal data with third parties is further detailed in the privacy policy of Private Addiction Care. The most up-to-date version of this privacy policy shall be made available to the Client and is also available upon request.
  5. Private Addiction Care does not provide personal data to family members, partners, employers, referrers or other third parties, unless:

    1. the Client has given express prior consent for this;
    2. provision is necessary for the performance of the Agreement and a valid legal basis exists for this;
    3. Private Addiction Care is required to do so on the grounds of a legal obligation or court order; or
    4. there is question of another statutory exception to the confidentiality or privacy obligations.
  6. If the Client requests Private Addiction Care to maintain contact with family members, partners, employers or other involved parties, the Client grants permission, insofar as required, for the processing and provision of the personal data necessary for that purpose. The Client may withdraw this permission at any time, insofar as the law does not oppose this.
  7. The Client guarantees that personal data of third parties provided by or on behalf of the Client to Private Addiction Care has been lawfully obtained and may be provided to and processed by Private Addiction Care. The Client indemnifies Private Addiction Care against any claims by third parties arising from a breach of this obligation.
  8. Private Addiction Care takes appropriate technical and organisational measures to protect personal data against loss, unauthorised access, unlawful processing or disclosure.

Article 14: Force majeure

  1. Private Addiction Care shall not be liable if it is unable to fulfil its obligations under the Agreement as a result of a force majeure situation.
  2. Force majeure on the part of Private Addiction Care shall in any event be understood to include, but is not limited to: that which is understood as such by law and case law, such as weather conditions, internet and power outages, email communication disruptions, computer trespass or hacker attacks, delays in execution or delivery by its suppliers, government measures, pandemics (such as COVID-19), epidemics, mass staff illness absences, access to locations prohibited for health reasons, theft, fire, business interruption, illness or personal family circumstances of the person performing the Agreement on behalf of Private Addiction Care, and all other external causes, foreseen or unforeseen, over which Private Addiction Care has no control, but as a result of which Private Addiction Care is unable to fulfil the Agreement.
  3. Private Addiction Care cannot then be required to perform the Agreement. Private Addiction Care is entitled to suspend its obligations for the duration of the force majeure. If the period of force majeure lasts for longer than two months, the Client and/or Private Addiction Care is entitled to terminate the Agreement with immediate effect from that moment. In that event, however, there shall be no obligation to pay compensation for damages and/or make restitution of monies paid.

Article 15: Limitation of liability

  1. If any result recorded in the Agreement is not achieved, a failure on the part of Private Addiction Care shall only be deemed to exist if Private Addiction Care expressly promised this result when accepting the Agreement. Private Addiction Care does not itself provide medical or clinical treatment.
  2. If there is a remediable failure on the part of Private Addiction Care, Private Addiction Care shall only be liable to pay any compensation for damages if the Client has given Private Addiction Care formal notice of default in writing within fourteen days of discovering the failure and Private Addiction Care has subsequently failed to remedy this failure within a reasonable period. The notice of default must be submitted in writing and contain such a precise description and substantiation of the failure that Private Addiction Care is able to respond adequately.
  3. If the performance of Services by Private Addiction Care leads to liability on the part of Private Addiction Care, that liability shall be limited to the total amount invoiced under the Agreement, yet solely in respect of direct loss or damage suffered by the Client unless the loss or damage is the result of intent or recklessness bordering on intent on the part of Private Addiction Care. Furthermore, the liability of Private Addiction Care shall under no circumstances exceed the amount that is paid out by its insurance in the relevant case. Direct loss or damage is understood to mean: reasonable costs incurred in limiting or preventing direct loss or damage, determining the cause of the loss or damage, the direct loss or damage, the liability and the manner of repair.
  4. Private Addiction Care expressly excludes all liability for consequential loss. Private Addiction Care is not liable for indirect loss, trading loss, loss of profit and/or loss suffered, missed savings, loss due to business interruption, financial losses, delay loss, interest loss and non-financial loss.
  5. If a (flight) journey is necessary for the Services, the Client travels at their own risk. Private Addiction Care offers assistance for such journeys to make the trip more comfortable, but expressly does not assume responsibility for the Client during the journey and is therefore not liable for the consequences of irregularities of any kind during the journey.
  6. The Client indemnifies Private Addiction Care against all third-party claims arising from a defect as a result of the Services supplied by the Client to a third party which also consisted of Services supplied by Private Addiction Care, unless the Client can demonstrate that the damage was caused exclusively by the Services of Private Addiction Care.
  7. Any advice provided by Private Addiction Care, based on incomplete and/or incorrectly provided information by the Client, shall never be grounds for liability of Private Addiction Care.
  8. The content of the advice delivered by Private Addiction Care is non-binding and is strictly of an advisory nature. The Client shall decide independently and at their own responsibility whether or not to follow the proposals and advice provided herein by Private Addiction Care. All consequences arising from following any advice from Private Addiction Care shall be for the Client's own account and risk. The Client is at all times free to make their own choices that deviate from the advice delivered or provided by Private Addiction Care. Private Addiction Care is not obliged to make any form of refund of fees or otherwise should this be the case.
  9. If a third party is engaged by or on behalf of the Client, Private Addiction Care shall never be liable for the acts and advice of the third party engaged by the Client, nor for the processing of results (from drawn-up advice) of the third party engaged by the Client within Private Addiction Care's own advice and Services.
  10. Private Addiction Care is not liable for any deterioration in the Client's situation resulting from the Client's own actions and/or failure to make a new appointment. Furthermore, Private Addiction Care is not liable for any deterioration in the situation in the event that Services could not take place temporarily due to a situation of force majeure on the part of Private Addiction Care (for example, due to government measures aimed at containing a pandemic or epidemic).
  11. Private Addiction Care is not liable for a relapse of the Client or the non-acceptance of the offered Services. The success of the Services is at all times the responsibility of the Client themselves and depends on the Client's own commitment.
  12. The client is aware that not every person successfully overcomes an addiction.
  13. Private Addiction Care does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Private Addiction Care, nor for the timely receipt thereof.
  14. The Client is at all times responsible for their own choices, behaviour and the consequences thereof. Private Addiction Care is not responsible or liable for the Client's decisions.
  15. If Private Addiction Care engages third parties in the performance of the Agreement, or refers the Client to, mediates in, or advises the use of services provided by third parties, including but not limited to clinics, healthcare institutions, practitioners, therapists, coaches, transport providers or other service providers, this is done solely as a service to the Client. Private Addiction Care does not perform any medical assessment of the suitability, quality or treatment methodology of the third party in question. Therefore, Private Addiction Care does not guarantee the quality, availability, suitability, continuity or results of the services provided by these third parties and is not liable for any act or omission of these third parties.
  16. Any agreement that the Client enters into with a third party recommended, suggested or engaged by Private Addiction Care shall be concluded directly between the Client and that third party. Private Addiction Care is not a party to such an agreement and accepts no liability for damage arising from or related to the services, treatment, coaching, admission, advice or other activities of that third party.
  17. All claims by the Client due to failings on the part of Private Addiction Care shall lapse if they are not reported in writing and with reasons to Private Addiction Care within one year after the Client was aware or reasonably could have been aware of the facts upon which they base their claims. One year after the termination of the Agreement between the parties, any liability of Private Addiction Care shall lapse.

Article 16: Confidentiality

  1. Private Addiction Care and the Client undertake to maintain confidentiality regarding all confidential information obtained within the framework of the Agreement. The confidentiality obligation shall not apply if the information in question is already public / generally known, the information is not confidential and/or the information has not been disclosed to the Client by Private Addiction Care during the Agreement and/or has not been obtained by Private Addiction Care in any other way.
  2. If Private Addiction Care is obliged by a statutory provision or a court order to provide the confidential information (in part) to a third party designated by the law or competent court, and Private Addiction Care cannot invoke a right of non-disclosure, Private Addiction Care shall not be liable to pay any compensation for damages, nor shall this give the Client grounds for rescission of the Agreement.
  3. Private Addiction Care and the Client shall also impose the confidentiality obligation on any third parties engaged by them.

Article 17: Intellectual Property Rights

  1. All IP rights and copyright of Private Addiction Care, including in any case but not limited to all designs, models, reports and advice, belong exclusively to Private Addiction Care and are not transferred to the Client unless expressly agreed otherwise.
  2. If it has been agreed that one or more of the aforementioned items or works of Private Addiction Care are to be transferred to the Client, Private Addiction Care shall be entitled to conclude a separate agreement for this purpose and to demand an appropriate financial compensation from the Client. Such compensation must be paid by the Client before they acquire the relevant items or works with the IP rights resting thereon.
  3. The Client is prohibited from disclosing and/or reproducing, modifying or making available to third parties (including use for commercial purposes) any documents and software on which the IPR and copyright of Private Addiction Care vest, without the express prior written consent of Private Addiction Care. If the Client wishes to make modifications to items delivered by Private Addiction Care, Private Addiction Care must explicitly approve the intended modifications.
  4. The Client is prohibited from using the items and documents on which the intellectual property rights of Private Addiction Care rest in any way other than agreed in the Agreement.
  5. Private Addiction Care has the right to take technical measures to protect its (intellectual property) rights or those of its licensors. The Client is expressly prohibited from removing or circumventing these measures.
  6. The parties shall inform each other and jointly take measures if an infringement of the IP rights occurs.

Article 18: Indemnification and accuracy of information

  1. The client is personally responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in whatever form, that they provide to Private Addiction Care in the context of the Agreement, as well as for the data that they have obtained from third parties and which have been provided to Private Addiction Care for the purpose of executing the Agreement.
  2. The client indemnifies Private Addiction Care against any liability resulting from the failure to fulfil, or to fulfil on time, the obligations regarding the timely provision of all correct, reliable and complete data, information, documents and/or records.
  3. The Client indemnifies Private Addiction Care against all claims from the Client and third parties engaged by them or working under their supervision, as well as from clients of the Client, based on the failure to (timely) obtain any permissions required in connection with the performance of the Agreement.
  4. The Client indemnifies Private Addiction Care against all claims by third parties arising from the Services performed on behalf of the Client, which is also understood to include, but is not limited to, intellectual property rights to the data and information provided by the Client that may be used in the performance of the Agreement and/or the acts or omissions of the Client towards third party or parties.
  5. If the Client provides electronic files, software or data carriers to Private Addiction Care, the Client guarantees that these are free from viruses and defects.

Article 19: Complaints Procedure

  1. Any complaint regarding the Services of Private Addiction Care will be handled carefully, confidentially and within a reasonable timeframe.
  2. The handling of a complaint is aimed at gaining clarity on the complaint and, where possible, achieving a solution acceptable to the parties.
  3. A complaint must be made known in writing and with sufficient motivation to Private Addiction Care as soon as possible after it has arisen, stating the facts and circumstances to which the complaint relates.
  4. Complaints relating to the performance of the Services shall be discussed in the first instance with the relevant supervisor, coach, consultant or other employee or contractor engaged by Private Addiction Care.
  5. If the complaint is not resolved to the Client's satisfaction, the Client may submit the complaint in writing to the director of Private Addiction Care at the following email address: gijs@privateaddictioncare.com. The director will investigate the complaint and endeavour to mediate in order to reach a solution.
  6. If the complaint is not subsequently handled to the Client's satisfaction, the Client may turn to the independent complaints officer designated by Private Addiction Care.
  7. The complaints officer shall, upon request, assist the Client free of charge in formulating the complaint, provide information about the complaints procedure and investigate the possibilities of arriving at a solution.
  8. Private Addiction Care keeps the Client informed of the progress thereof during the handling of the complaint.
  9. The client shall receive a written and reasoned response from Private Addiction Care as soon as possible, but no later than six (6) weeks after receipt of the complaint, setting out the findings of the investigation, the position of Private Addiction Care and any follow-up steps.
  10. If Private Addiction Care considers measures necessary in response to the complaint, it will indicate which measures will be taken and the timeframe within which they are expected to be implemented.
  11. If careful handling of the complaint requires more time, the period stated in paragraph 9 may be extended once by a maximum of four (4) weeks. The client shall be notified of this in writing prior to the expiry of the original period, stating the reason for the extension.
  12. This complaints procedure relates exclusively to the Services of Private Addiction Care. Complaints regarding the actions, omissions, treatment, guidance or other services of third parties, including clinics, healthcare institutions, practitioners, therapists, coaches or other external service providers, must be submitted directly to the third party in question. Private Addiction Care is not responsible for the handling of such complaints.
  13. Submitting a complaint does not suspend the Client's payment obligations under the Agreement.

Article 20: Applicable law

  1. Dutch law applies to the legal relationship between Private Addiction Care and the Client.
  2. Private Addiction Care reserves the right to amend these terms and conditions and shall notify the Client accordingly.
  3. In the event of translations of these terms and conditions, the Dutch version shall prevail.
  4. All disputes arising out of or in connection with the Agreement between Private Addiction Care and the Client shall be settled by the competent court of the Oost-Brabant District Court, unless mandatory provisions of law designate another competent court. If the Client is a Consumer, they shall have the right to submit the dispute to the court competent according to the law.
Private Addiction Care
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