1. Definitions
In these Terms and Conditions, the following definitions apply:
Terms and Conditions
These terms and conditions of Workfutura B.V.
Service
The services provided by Workfutura, including (but not limited to):
– psychological assessments (online or offline)
– online training and digital courses
– consultancy and implementation projects
– digital products, documents and reports
– e-learning platform functionalities
Product
All digital or physical products provided by Workfutura, including assessment reports, e-learning materials, digital documents, manuals or other materials developed by Workfutura.
Counterparty / Client
The natural or legal person who enters into an Agreement with Workfutura.
Agreement
Any agreement between Workfutura and the Counterparty regarding the provision of products or services.
DCC
The Dutch Civil Code.
2. Applicability
These Terms and Conditions apply to all offers, services, products and agreements between Workfutura and the Counterparty.
Deviations are only valid if agreed in writing.
The general terms and conditions of the Counterparty are expressly rejected.
These terms also apply to third parties engaged by Workfutura.
3. Offers
All offers from Workfutura are non-binding, unless stated otherwise.
Offers are valid for 14 days, unless indicated otherwise.
Obvious errors or mistakes do not bind Workfutura.
If the acceptance deviates from the offer, no agreement is concluded.
4. Formation of the Agreement
The Agreement is concluded as soon as the Counterparty accepts the offer in writing or digitally, or as soon as Workfutura starts performing the service.
Verbal agreements are only binding if confirmed in writing.
5. Performance of the Agreement
Workfutura performs the Agreement to the best of its knowledge and abilities (“best-efforts obligation”).
Workfutura determines the manner of performance and may engage third parties.
The Agreement may be carried out in phases; each phase will be invoiced separately.
Workfutura is not liable for delays if the client does not provide the necessary information in time.
6. Changes and additional work
If, during performance, it appears that adjustments are necessary, the parties will be informed accordingly.
Additional work will be charged separately.
Time and price implications will be communicated in advance.
7. Obligations of the client
The Counterparty is obliged to:
provide all necessary information in a timely, complete and correct manner;
cooperate with the performance of the services;
ensure that employees are available to participate in assessments or training;
not misuse or obstruct the systems of Workfutura.
8. Digital access & licences (Workfutura-specific)
Access to digital products, courses or platforms is personal and may not be shared.
The Counterparty receives a non-exclusive, non-transferable licence to use digital materials.
Copying, distributing or publishing material without permission is prohibited.
Workfutura may block access in the event of misuse or payment arrears.
9. Delivery and access terms
Timeframes for the delivery of digital products, assessments or training are indicative.
For online products, delivery is deemed complete as soon as the Counterparty has received login details or the digital file.
10. Prices
All prices are exclusive of VAT unless stated otherwise.
Costs such as travel expenses, accommodation costs or licence fees may be invoiced separately.
Workfutura may adjust prices in the event of changing circumstances (such as inflation, licence prices or technical costs).
If a price increase is implemented within 3 months after the Agreement has been concluded, the client may only cancel if this does not arise from statutory obligations or external cost increases.
11. Payment
Payment term: 14 days after the invoice date, unless agreed otherwise.
Objections to an invoice do not suspend the payment obligation.
In the event of late payment, statutory commercial interest is due.
Collection costs will be passed on in accordance with the statutory maximum.
In the event of bankruptcy or attachment, all outstanding amounts become immediately due and payable.
12. Retention of title
All delivered products and digital materials remain the property of Workfutura until all invoices have been paid in full.
Licences automatically lapse in the event of non-payment.
13. Complaints
Complaints about services must be submitted in writing within 7 days of performance.
Digital products do not entitle the client to a refund once they have been downloaded or used, unless there is a defect.
14. Warranties
Workfutura guarantees that services are carried out in a professional manner.
Results of assessments, training or consultancy are never guaranteed; these are best-efforts obligations.
15. Force majeure
Applies in the same extended form as for HBA (strikes, illness, disruptions, war, government measures, etc.).
16. Termination
Both parties may terminate in writing with a notice period of 14 days.
Workfutura may terminate with immediate effect in the event of:
– bankruptcy
– non-payment
– misuse of systems
Upon termination, services already provided will be invoiced proportionally.
17. Liability
Workfutura is only liable for direct damage up to a maximum of:
– the amount of the invoice, or
– the amount paid out by the insurer.
Workfutura is not liable for:
– loss of profit
– consequential damage
– decisions made by the client based on advice
– interpretation of assessment results
Liability for third parties is excluded.
18. Intellectual property
Very important for Workfutura (psychological tests, programmes, content):
All rights to assessments, reports, texts, materials, designs, e-learning content, videos and software belong entirely to Workfutura.
The client may not share, copy, resell or modify this material.
In the event of infringement, a penalty of €1,000 per violation applies, plus compensation for damages.
19. Privacy
Workfutura processes personal data in accordance with the Privacy Policy on www.workfutura.nl
.
Data is processed confidentially and in accordance with GDPR guidelines.
Limitation period
All claims expire 1 year after the claim has arisen.
21. Applicable law & court
All agreements are governed by Dutch law.
Disputes will be submitted exclusively to the District Court of Midden-Nederland (or Zeeland-West-Brabant).