Clinic foundation (hereinafter: “Clinic”) aims to provide limited legal advice in the field of Technology, Media and Communications (hereinafter: “Services”) to less wealthy individuals and small – or start up – companies (hereinafter: “Clients”).
These terms of conditions of Clinic apply to all its Services to Clients as well as to the use of Clinic website.
Clients can apply for a service through Clinic website using the application form intended for this purpose. When assessing an application for Services, Clinic may request further information from the Client regarding his/her financial situation.
Clinic reserves the right to – at their discretion – refuse an application for Services without giving any reason.
The Services are performed by volunteers. Clinic is entitled to engage third parties at their own discretion. Clinic is not liable for any shortcomings of these third parties.
The Services are solely provided by appointment and verbally– by phone or webcam.
All assignments are, putting aside Articles 7:404 and 7:407 Paragraph 2 BW (Dutch Civil Code), solely accepted and performed by Clinic. Third parties cannot derive any rights from the work conducted and the results thereof.
Client does not have to pay any fee for the Services. In certain cases a contribution in the administration fees of Clinic may be requested, to a maximum of EUR 5.
Clinic will make reasonable efforts to provide the Services carefully. The Services therefore qualify as effort obligations. The use and the (further) application of the Services is fully at the expense and risk of Client.
Clinic accepts no liability for damage resulting from an attributable failure to fulfil the agreement to provide the Services in tort or otherwise. This does not apply to cases where the damages are covered by the professional liability insurance taken out by Clinic whereby the insurer pays out. In that case, the liability is limited to the amount paid out in respect thereof by the insurer, with regards to the damage suffered by Client. Clinic is however never liable for consequential damage, including in any case company damage, damage caused by business interruption and/or loss of earnings for the Client.
This limitation of liability however does not seek to exclude the liability of Clinic for intentional and/or deliberate recklessness on the side of Clinic (“own actions”) and/or the management of Clinic.
Clinic respects and protects your privacy. All personal information provided to Clinic in the context of the Services will always be treated confidentially and will only be used to deal with your application. If Client has questions or suggestions with respect to the privacy or if Client wishes to change the personal details provided to Clinic, Client can contact Clinic by sending an email to email@example.com.
These conditions shall be governed by Dutch law. Any disputes will be submitted to the competent court in Amsterdam.
Clinic has the right to amend these terms of delivery. Clinic will announce the changes in writing (including electronically) to Client. After this disclosure the changed conditions will apply in the business relationship between Clinic and Client from the date indicated by Clinic.