General Terms and Conditions of the West Brabant Home Care Foundation

Article 1 Definitions

1.1 General Terms and Conditions: these General Terms and Conditions;

1.2 Services: services include, among other things, the provision of services in the field of nursing and care at home and on location, domestic support, (psychosocial) guidance, advice, instruction and information, youth health care, nutritional information, dietary advice, provision of nursing supplies, courses, meal service and personal alarm systems.

1.3 Care provider: the foundation Stichting Thuiszorg West-Brabant, established at the address Belder 2-4, (4704 RK) Roosendaal, the private limited company TWB Thuiszorg BV, established at the address Belder 2, (4704 RK) Roosendaal, the private limited company TWB Maatschappelijke Ondersteuning BV, established at the address Belder 2, (4704 RK) Roosendaal, the private limited company TWB Jeugdgezondheidszorg BV, established at the address Belder 2, (4704 RK) Roosendaal and the private limited company Samen Thuis met Aandacht BV, established at the address Vijverstraat 54, (4711 GP) St. Willebrord;

1.4 Client: the natural person for whom care is purchased from the Care Provider, as well as the person who concludes an agreement with the Care Provider on behalf of and/or for the benefit of the aforementioned natural person;

1.5 (Re)Indication/decision: the (legally) required decision and/or advice by or on behalf of an indication body/insurer/municipality/physician regarding the nature, content, scope, and duration of the client's care need(s) and the manner in which these need(s) can be met;

1.6 Employee: an employee in the service of the Care Provider, or a third party engaged by the Care Provider who performs the agreed services at or for the Client on behalf of and at the instruction of the Care Provider;

1.7 Representative: the legal representative of the client or, if there is no legal representative, the natural person personally authorized by the client to act in his place.

1.8 Agreement: the agreement concluded between the Client and the Care Provider regarding the services provided by the Care Provider to the Client. This agreement may be concluded with or without (re)indication. Where an agreement with or without (re)indication is explicitly referred to, this is specifically stated in these General Terms and Conditions.

1.9 Care plan/delivery plan/support plan: recording of the agreements made between the client and the care provider.

Article 2 Applicability of General Terms and Conditions

2.1 Unless the parties expressly agree otherwise in writing, these General Terms and Conditions apply to any other agreement concluded between the Client and the Care Provider. These General Terms and Conditions remain valid until the Care Provider has established new terms and conditions and has informed the Client thereof.

2.2 Deviations from these General Terms and Conditions, or deviating provisions, conditions, and/or agreements, are only valid if and to the extent that they have been expressly accepted and confirmed by the Care Provider in writing or electronically.

Article 3 Powers of the representative

3.1 The representative assumes the rights and obligations of the client under these General Terms and Conditions to the extent that the client is incapable of making decisions and to the extent that the representative is authorized to do so by virtue of the law or the personal written authorization by the client.

Article 4 Establishment of agreement

4.1 Offer with indication An indication is generally required for the services provided by the Care Provider. Based on a (re)indication, the Care Provider makes an offer to the Client to meet the Client's care needs. The offer relates to the services provided by the Care Provider, the content and scope thereof, and the associated costs and other (mutual) obligations.

4.2 Offer without indication In appropriate cases, the Care Provider may also make an offer to the Client, without a (re)indication, to meet the Client's care needs. The offer relates to the services provided by the Care Provider, the content and scope thereof, and the associated costs and other (mutual) obligations.

4.3 Agreement The agreement between the client and the Care Provider is concluded when the client accepts the offer from the Care Provider (with or without (re)indication). Therefore, an agreement can be concluded with or without (re)indication.

Article 5 Amendment and termination of agreement

5.1 Amending Agreement with Indication: Re-assessment If it becomes apparent that the client's care needs change so significantly during the execution of the agreement with indication that – in the opinion of the Care Provider – the necessary services can no longer be provided by the Care Provider within the existing agreement, a re-assessment will be arranged in consultation with the client. Based on the re-assessment, consultation will take place regarding the adjustment of the care provision, and the agreement with indication will be adjusted accordingly, if necessary following an offer by the Care Provider and acceptance by the client.

5.2 Amending the agreement without indication: mutual consultation In the event that it becomes apparent that the client's care needs change so substantially during the execution of the agreement without indication that – in the opinion of the Care Provider – the necessary services can no longer be provided by the Care Provider within the existing agreement, the Care Provider reserves the right to terminate and/or amend the agreement, taking into account the client's interests.

5.3 Termination of Agreement The Agreement will terminate in the following cases:
a. client dies.
b. client terminates the agreement. The notice period is at least 24 hours prior to the agreed time of the next agreed service.
c. The healthcare provider terminates the agreement, taking into account a reasonable notice period.
d. at the end of the agreed term.
e. when the client moves (outside the working area of ​​the healthcare provider).
f. at the end of the indication period, unless a re-indication has been requested in time.
g. by mutual consent.
h. in the event of dissolution by the court.
i. if the care is no longer needed, while the (re)indication is still ongoing. In that case, the following requirements apply for termination:
– 1st Care provider observes a reasonable notice period;
– 2nd Care provider has already made it clear to the client during the intake that the agreement can be terminated earlier than the (re)indication indicates;
– 3rd Care provider has informed the client about the possibilities of a second opinion on whether or not the care is no longer necessary.
j. in the event of bankruptcy of the Healthcare Provider or if the Healthcare Provider has been granted a suspension of payments.
k. if the Healthcare Provider can no longer reasonably be expected to continue the agreement.

Article 6 Execution of agreement

6.1 Guidelines on safety, hygiene, environment, and physical strain The Client shall enable the Care Provider to perform its duties in accordance with the guidelines to be established by the Care Provider regarding safety, hygiene, environment, and physical strain. The guidelines can be viewed at the Stichting Thuiszorg West-Brabant foundation, located at Belder 2-4, (4704 RK) Roosendaal.

6.2 Materials and Aids The Client is responsible for the availability of sound materials and aids, such as those determined solely by the Care Provider.

6.3 Forms of Interaction The Client must adhere to generally accepted forms of interaction and refrain from violence, aggression, discrimination, or (sexual) harassment.

6.4 Change of Address The Client is obliged to report a change of address or other personal circumstances relevant to the provision of services to the Care Provider in writing and in a timely manner.

6.5 Smoke-free workplace The Client shall ensure that the employee can perform the services in a smoke-free workplace. The Client or third parties shall not smoke in the presence of the employee, unless the employee has given permission to do so.

6.6 Non-compliance Non-compliance with the Client's obligations, as referred to in sections 6.1 through 6.5 of this article, constitutes a serious reason enabling the Care Provider to terminate the services with immediate effect.

6.7 Cancellation of appointments If the client is unable to attend services and notifies this at least 48 hours in advance, it will first be checked whether the service can be performed at another time. If this is not possible, no costs will be charged by the Care Provider. Appointments regarding nutritional information, dietary advice, and youth health care must be cancelled by the client at least one full working day prior to the consultation. If appointments are not cancelled in a timely manner within the stipulated period, the Care Provider will charge the client for the agreed but not performed service. The client is at all times responsible for making arrangements regarding the continuation of the service.

6.8 Limitation of services The capacity of the services provided by the Care Provider is largely determined by annually pre-established production agreements or budgets. Consequently, the allocation of services may be limited. The allocation of services may also be limited by the (re)indications and staffing levels of the Care Provider. In this regard, the Care Provider reserves all rights to amend the care plan, delivery plan, support plan, and the agreement.

6.9 Indication Assessment The assessment for nursing and care takes place during working days. In urgent cases, care starts immediately and the assessment takes place afterwards. The indication for dietary advice is established by means of a referral letter from a doctor.

6.10 Provision of domestic support Domestic support shall be provided, as far as possible within one week of registration, subject to the provisions of Article 6.8, if the indication assessment indicates that this care is highly urgent.

6.11 Provision of Home Nursing and Care With nursing and care at home, subject to the provisions of Article 6.8, care shall be provided as much as possible within 48 hours of the indication assessment, and in acute situations as much as possible within 24 hours. In crisis situations, as much as possible within one hour.

Article 7 Rates

7.1 Reimbursement This article applies in all cases where (within the framework of existing or future government or insurance regulations) any reimbursement is directly payable by the Client to the Healthcare Provider.

7.2 Rate The fee owed by the Client to the Care Provider for the services is determined by the applicable rate in the relevant calendar year.

7.3 Rate Changes Agreed rates may be subject to change, but not within the first three months of the conclusion of the agreement. Changes always take effect on the first day of a quarter and will be communicated as soon as possible via the website www.twb.nl as soon as they are known.

Article 8 Payment term, default and suspension, interest and costs

8.1 Payment Invoices arising from an agreement must be paid by the client within 30 days of the invoice date in the manner indicated by the Care Provider.

8.2 Default and Suspension If invoices under an agreement are not paid on time, the Client is in default by operation of law. If an agreement without an indication has been concluded between the Client and the Care Provider, the Care Provider is entitled to suspend all its obligations towards the Client under all agreements concluded with the Client until full payment of the invoice has taken place.

8.3 Interest and costs After the Client has defaulted, the Care Provider is entitled to proceed with the collection of the amount owed to it under the agreement. All associated costs, including both judicial and extrajudicial collection costs, shall be borne by the Client. The amount of the extrajudicial collection costs shall be calculated in accordance with the 'Decree on compensation for extrajudicial collection costs'. The Care Provider shall also, where applicable, charge interest from the expiry of the first payment term. The interest shall be equal to the statutory interest.

Article 9 Liability

9.1 Limitation of Liability The liability of the Care Provider shall never exceed and shall always be limited to that which is described in this Article 9.

9.2 Damage For any damage caused by an employee of the Care Provider, a deductible of € 50,00 per claim applies to the client, unless there is demonstrable intent or gross negligence on the part of the employee. If the performance of the agreement by the Care Provider leads to liability, such liability shall always be limited to the amount paid out to the Care Provider for the case in question by the Care Provider's insurer pursuant to the insurance policy taken out by the Care Provider. If, for whatever reason, no payment is made by this insurer, any liability of the Care Provider is limited to the invoice charged by the Care Provider to the client (or to third parties) for the relevant agreement, with a maximum of € 10.000,00. The reporting and handling of damage claims shall take place in accordance with an established procedure of the Care Provider. The Care Provider can only be held liable for direct damage attributable to it. Direct damage is understood to mean exclusively: a. reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions; b. reasonable costs necessary to bring the defective performance of the Care Provider into conformity with the agreement; c. reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a reduction of direct damage as referred to in these General Terms and Conditions. The Care Provider shall never be liable for any direct damage other than that mentioned above, such as indirect damage, including consequential damage, lost profits, lost savings, and damage due to stagnation.

9.3 Notification The Client must report the damage observed by him with due speed, but in any case within two working days.

9.4 Cash and Payment Cards The client is never permitted to hand over bank cards, debit cards, credit cards, or cheques to the employee. The client is only permitted to provide the employee with cash and the exact amount for the purpose of grocery shopping, up to a maximum amount of € 50,00. The client is not permitted to allow the employee to withdraw money from an ATM or otherwise make a withdrawal. If the client acts in violation of this provision, the Care Provider shall not be liable for any direct or indirect damage, however named, caused as a result thereof. In such a case, the client is obliged to indemnify the Care Provider against claims from the employee and/or third parties regarding all (alleged) damage suffered and yet to be suffered by them.

9.5 Use of (motor) vehicles The Client is not permitted to allow the Employee to use (motor) vehicles belonging to the Client or third parties in the provision of services, which shall in any case include cars, motorcycles, mopeds, and scooters. If the Client acts in violation of this provision, the Care Provider shall not be liable for any damage, however named, caused directly or indirectly as a result of the use of (motor) vehicles belonging to the Client or third parties. In such a case, the Client is obliged to indemnify the Care Provider against claims by the Employee and/or third parties regarding all (alleged) damage suffered and yet to be suffered by them.

9.6 Deposit of (house) keys The client is not permitted to deposit (house) keys with the employee for safekeeping or otherwise make them available. This prohibition does not apply to clients receiving intensive care (unplanned 24-hour care) or using an alarm system with professional response. The safekeeping of keys takes place according to an established procedure. The care provider is not liable for direct or indirect damage, however named, resulting from the use and/or misuse of (house) keys deposited for safekeeping or otherwise made available despite the above prohibition.

Article 10 Complaints procedure

10.1 Complaints The Care Provider strives for the careful execution of care and services. Despite the intended diligence, the Client may have a complaint regarding the care and services.

10.2 Complaints Procedure A complaints procedure applies to the services provided, which complies with the Healthcare Quality, Complaints and Disputes Act (Wkkgz). In the event of a complaint, the client shall first address the employee and, secondly, the employee's responsible manager or the Board of Directors.

10.3 Information The main outlines of the complaints procedure are stated on the website www.twb.nl. The complaints procedure can be requested from the foundation Stichting Thuiszorg West-Brabant, located at Belder 2-4, (4704 RK) Roosendaal.

Article 11 Privacy Policy

11.1 The care provider maintains a privacy policy. The privacy policy can be viewed at the Stichting Thuiszorg West-Brabant foundation, located at Belder 2-4, (4704 RK) Roosendaal.

Article 12 Use by Healthcare Provider of Client Data in the Context of Checks and Inspections.

12.1 The Care Provider is obliged to measure the quality of the services annually. To this end, the care, delivery, and/or support plan is used, among other things. The data from the measurements are used for internal quality improvement. The Care Provider will only forward client data to third parties in an anonymized form. The Client gives consent for the use of the Client's data in the context of mandatory measurements, checks, and external supervision. If the Client does not wish to give consent for this, this will be recorded in his care, delivery, or support plan, or the Client must inform the Care Provider of this in writing.

Article 13 Disputes

13.1 Every agreement between the Client and the Care Provider is exclusively governed by Dutch law.