Data Subject: person within the meaning of the Personal Data Protection Act (PDPA) to whom the processing of personal data by Validata Group BV pertains.
Client: the legal person or the natural person with whom Validata Group BV has concluded an agreement.
Agreement: agreement between Validata Group BV and the Client.
Parties: Validata Group BV and the Client jointly, individually referred to as ‘Party’.
Screening: a screening or the act of screening, pertains to the verification of the relevant personal data of the data subject prior to or during the collaboration, commencement of employment or lease or sale of immovable property.
Validata Group BV: a private limited liability company having its official place of business under the articles of association in Amsterdam, also doing business under the names CV-OK, Wonen-OK and Vrijwilliger-OK.
Work: The provision of services agreed between the parties in connection with the screening of data subjects.
Article 2 Applicability
These general terms and conditions apply to all quotations and offers by Validata Group BV and to all agreements that the parties conclude.
The applicability of purchase conditions or other conditions of the Client is expressly rejected.
Deviations from and additions to these general terms and conditions are only valid if agreed in writing between the parties.
Article 3 Quotations and conclusion of agreement
All quotations by Validata Group BV are valid for a period of two (2) months after the quotation date.
The agreement is concluded by the Client’s acceptance of the quotation, or at the time at which both parties have signed the agreement.
Article 4 Performance of the agreement
Validata Group BV is obliged to perform the agreement as may be expected of a service provider with professional know-how, care and attention that is customary in the sector.
Validata Group BV has the right to engage third parties for the performance of the work and Validata Group BV will continue to be ultimately responsible in respect of such work.
In case abnormalities come up in connection with the performance of the agreement, Validata Group BV will inform the Client of this as soon as possible.
Validata Group BV has a right to change the agreed provision of services by means of a written notice to the Client. If Validata Group BV makes use of this right to make changes, the Client has the right to terminate the agreement with effect from the date of the change of the provision of services. The Client must send this notice of termination by registered letter, within four (4) weeks of the written notice from Validata Group BV concerning the intended change.
Article 5 Provision of information
The Client is obliged to provide Validata Group BV with all data and documents that Validata Group BV requires for the performance of the assignment and to do so in good time and to provide such in the desired form and in the desired manner.
The Client vouches for the correctness and completeness of the data provided to Validata Group BV. Validata Group BV guarantees that it will carry out work for the Client correctly and completely, on the basis of the data provided by the Client.
Article 6 Rates and fees
The rates and fees specified in the agreement are exclusive of VAT and other government levies, as well as any costs to be incurred in connection with the agreement, including shipping and administrative costs, unless the agreement specifies otherwise.
The work carried out by Validata Group BV may be charged in advance, while it is being carried out or periodically, unless the agreement states otherwise.
Validata Group BV has the right to index the agreed rates and fees annually, unless the agreement states otherwise.
Article 7 Invoicing and payment
The Client is obliged to pay, in euros, all invoices from Validata Group BV within fourteen (14) days of their date or as much sooner as the parties have agreed. Objections to the amount of the invoices do not suspend the payment obligation of the Client.
If the Client does not make the payment within the period of fourteen (14) days, the Client is in default by operation of law. In that case the Client owes the statutory commercial interest. The interest on the amount due will be calculated from the time at which the Client is in default up to the time at which the total amount due has been paid.
If Validata Group BV takes collection measures against a Client who is in default, the costs payable in connection with such collection – with a minimum of 10% of the due invoices and including extra-judicial collection costs – are fully at the expense of the Client.
The payments made by the Client will always firstly be applied to the settlement of all interest and costs due and secondly to the settlement of the due invoices that have been outstanding the longest, even if the Client states that the payment pertains to a later invoice.
Article 8 Liability
Validata Group BV is only liable for damage suffered by the Client that is a direct result of a failure in the performance of the agreement towards the Client that is attributable to Validata Group BV.
The liability of Validata Group BV on account of an attributable failure in the performance of the agreement - with the possible engagement of third parties - or on any other basis is at all times restricted to the invoice amount of the work, or at any rate the part of the assignment to which the liability pertains.
The liability is restricted in any case to the amount that the liability insurer of Validata Group BV will pay out in the case in question.
Validata Group BV is not liable for any damage arising from (the contents) of the data provided by the Client and/or the data subject. The Client indemnifies Validata Group BV against all claims by third parties related to or arising from such provided data.
The above-mentioned liability restrictions do not apply in case of intent or gross negligence on the part of Validata Group BV.
The provisions in this article as well as all other restrictions and exclusions of liability specified in these General Terms and Conditions also apply for the benefit of all third parties engaged by Validata Group BV for the performance of the agreement.
Article 9 Force majeure
Force majeure means any circumstance on the basis of which (further) performance of the agreement by Validata Group BV cannot reasonably be required. This includes in any case – but is not restricted to – data loss as a result of computer failure, virus infection or computer intrusion by third parties, machinery breakdown and other contingencies that stop or restrict the business operations of Validata Group BV.
If Validata Group BV is prevented from carrying out the work, in full or in part, due to force majeure, Validata Group BV has the right to, without judicial intervention, suspend the performance of the work or to consider the agreement cancelled in full or in part, at its discretion, without Validata Group BV being obliged to compensate the Client for any damage suffered by it.
Article 10 Applicable law and competent court
The legal relationship between Validata Group BV and the Client is governed by the law of the Netherlands. All disputes between Validata Group BV and the Client that arise from or in connection with the Agreement will be settled by the competent court in Amsterdam, to the exclusion of all other authorities.
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