General terms and conditions for osteopathy services within the company
Article 1: Definitions
JT VOF (trading under the commercial name “PACE & ALLY”) with registered office at De Frélaan 36, 1180 Ukkel, and registered in the Crossroads Bank for Enterprises under number BE0798.774.313
Email address: hello@pace-ally.com
Website: www.pace-ally.com
In these general terms and conditions, the following definitions apply:
• Osteopath: The professional providing osteopathic treatments, hereinafter referred to as "the Osteopath."
• Customer: The company, organization, or business that enters into an agreement with the Osteopath to provide treatments within the company for the benefit of employees, as well as any natural person who enters into an agreement with the osteopath with the aim of having treatments provided either at home or in the practice.
• Employee: The employee of the employer who makes use of the osteopathic treatments.
• Treatment: The osteopathic care provided to employees.
Article 2. Acceptance of the general terms and conditions
2.1 Every agreement, of whatever nature, between Pace & Ally and the Customer is subject to the following general terms and conditions. Deviations from these general terms and conditions are only valid if they have been expressly agreed in advance and in writing.
2.2 The general terms and conditions are assumed to be known by the Customer. Every order or request for a Service implies the full acceptance by the Customer and the waiver to rely on his/her own general terms and conditions.
Article 3: Purpose and nature of the treatments
The osteopath provides osteopathic treatments, either at home or on-site within a company, aimed at promoting employees' physical health and alleviating any pain or discomfort.
Article 4: Customer's responsibility
The Client is responsible for providing the necessary facilities for the treatment of either its employees or itself, including:
1. A suitable and quiet space of at least 10 square meters, free from obstacles, and appropriate for osteopathic treatments.
2. A hygienic work environment required by the osteopath for treatment.
3. A work environment that guarantees employees' privacy during treatments.
4. The employer must inform employees of the treatment date so that they can wear suitable clothing. The treatment takes place without the employee having to remove any clothing or change in the presence of the osteopath.
Article 5: Osteopath's responsibility
The agreement entails an obligation of means: the osteopath shall strive to perform treatments professionally and carefully, in accordance with applicable osteopathic guidelines
A suitable treatment table and other necessary tools shall be provided by the osteopath.
Article 6: Liability
1. The osteopath is responsible for providing careful treatment and complying with all professional standards. This concerns an obligation of effort, not an obligation of result.
2. The osteopath is not liable for any damage or loss unless such damage is the direct result of gross negligence or intent by the Osteopath.
3. The osteopath is not liable for damage or loss resulting from incorrect information provided by the employee, either the customer as a natural person, or if a treatment is not performed in accordance with the guidelines.
4. The employee, either the customer as a natural person, is responsible for providing accurate and complete medical information relevant to the treatment..
5. The employee , either the customer as a natural person, acknowledges that participation in the treatment is at their own risk, and the osteopath cannot be held liable for any adverse effects of the treatment unless caused by the osteopath's fault or negligence.
6. The osteopath declares that he has the necessary liability insurance for professional activities. Any liability, if established, shall be limited to the maximum amounts stipulated in the insurance policy.
Article 7: Duration and frequency of treatments
Treatments are carried out at times agreed upon between the customer and the osteopath. The frequency and duration of treatments are tailored to the needs of the employee and may vary.
Article 8: Validity of Quotations
8.1 Quotations are only valid and binding within the time period as indicated on the Quotation or, if nothing was specified, 7 calendar days following the date of the Quotation. After this period, the Quotation can no longer be accepted. Quotations only apply to the treatments expressly included therein.
8.2 If the customer wishes to make use of additional treatments, a new Agreement must be concluded.
Article 9: Payment and fees
1. The costs of the treatments are agreed in advance between the customer and the osteopath, this in accordance with the approved quotation. Any changes to the requested treatments and/or additional treatments will be invoiced additionally in accordance with the rates that are in effect at the time the changes/additional treatments are ordered/purchased.
2. Payment for treatments shall be made according to the payment terms set out below.
3. The customer must pay the osteopath's invoices within the agreed payment term of eight days. If payment is not made on time, the customer is in default by operation of law, without the need for a notice of default.
4. The osteopath cannot be held to his Offer if the customer could reasonably understand that the Offer, or a part thereof, contains an obvious material error or typographical error.
5. At the time the customer accepts the quote, he/she must pay the full price, unless the possibility of paying in installments was provided. After registration, the Employer, or the customer as a natural person, will receive a VAT-compliant invoice.
6. In the event of late payment or default of payment, default interest will be due by operation of law and without prior notice of default, amounting to the statutory interest rate plus 5%, without this interest being lower than 10% per year, and this for each month already started. From the first registered notice of default, the osteopath is entitled to apply a fixed compensation clause to the employer. This is equal to 10% of the unpaid invoice (or invoices) and amounts to at least EUR 50 per invoice, notwithstanding the right of the osteopath to additionally claim the actual damage suffered. The costs for collecting an unpaid invoice are always borne by the employer. With regard to the collection of unpaid invoices with regard to a customer as a natural person, reference is made to the collection in accordance with Book XIX of the Code of Economic Law .
7. In the event of payment default, the osteopath has the right to temporarily suspend or terminate the agreement until full payment is received.
8. If the osteopath is forced to take legal action to recover unpaid invoices, all collection costs shall be borne by the employer, including legal fees, court costs, and other reasonable expenses incurred in the recovery process.
9. Complaints regarding invoicing and billed services must be submitted by registered mail within eight days of the invoice date, under penalty of forfeiture. This written notice must include a clear justification and a detailed description of the objections. General objections shall not be accepted as valid complaints. If the customer has questions about any part of the invoice or disputes the invoice, this does not suspend payment of the invoice.
Article 10: Confidentiality and privacy
The osteopath is obliged to maintain confidentiality regarding employees' medical data, in accordance with applicable privacy laws.
If the employee provides personal information, they agree to the osteopath's privacy policy. The osteopath complies with European Regulation 2016/679 of 27 April 2016 on data protection, the Belgian Framework Law of 30 July 2018, and the Patients' Rights Act.
The osteopath is not required to retain patient records for these treatments; any information provided by the employee during treatment is communicated orally only.
Article 11: Cancellation of treatments
If a treatment cannot take place due to circumstances attributable to the employer or employee, either customer in natural person, it may be canceled free of charge up to one week before the scheduled treatment date. The cancellation must be communicated in writing.
If a treatment cannot take place due to circumstances attributable to the employer or employee, either customer in natural person, and is canceled between six days and 24 hours before the treatment date, 50% of the agreed fee remains due. If the treatment takes place on a Monday, the notification must be made by Friday at 8:00 AM at the latest.
If a treatment cannot take place due to circumstances attributable to the employer or employee, either customer in natural person, and is canceled within 24 hours before the treatment date, the full amount remains due. If the treatment takes place on a Monday, any written notice given after 8:00 AM on Friday shall be considered a cancellation within 24 hours before treatment.
A fixed administrative fee of EUR 50.00 will be charged for any cancellation.
Article 12: Force majeure
Force majeure refers to any situation in which the performance of the agreement by the osteopath is wholly or partially, temporarily or permanently, impeded by circumstances beyond their control, even if foreseeable at the time of the agreement.
If the osteopath invokes force majeure, he is not required to prove the unforeseeable nature of the event.
In case of force majeure, the osteopath is not liable for failing to perform treatments at the agreed times.
The osteopath shall inform the employer as soon as possible and propose an alternative solution or rescheduling.
If force majeure makes further treatments impossible, both parties have the right to suspend or terminate the agreement without further obligations. The employer cannot claim compensation unless the force majeure results from the osteopath's negligence.
Article 13: Indemnity
The client indemnifies the osteopath against all claims from third parties related to the treatments provided by the osteopath.
Article 14: Miscellaneous provisions
1. These general terms and conditions may be amended by the osteopath in compliance with applicable law.
2. If any provision (or part thereof) of the General Terms and Conditions is unenforceable or conflicts with a provision of mandatory law, this will not affect the validity and enforceability of the other provisions of these General Terms and Conditions, nor the validity and enforceability of that part of the relevant provision that is not unenforceable or conflicts with a provision of mandatory law. In such a case, the Parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that comes as close as possible to the purpose and intent of the original provision.
3. Belgian law applies to all agreements and obligations, as well as to these general terms and conditions. In case of disputes, only the court of the district where the osteopath's registered office is located shall have jurisdiction.