Article 1 General
1. These general terms apply on all offers, activities and agreements between L.O.A.C. and its clients, respectively their successors.
2. These general terms apply on all activities of L.O.A.C. on the territory of conducting audits and assessments.
3. Clients are considered to be: each person or legal entity, with whom L.O.A.C. has an agreement, or wishes to close one and except of these, persons of legal entities that operate as an authorised representative as well as their successors.
4. Conditions of our clients are, unless agreed upon in writing by L.O.A.C. not applicable on the offers, activities and agreements as mentioned in article 1.1.
5. The client will safeguard L.O.A.C. for any claims of third parties.
6. Between L.O.A.C. and the client it is defined, that, when once under relevance of these conditions is contracted, this terms also apply on coming offers and (oral) agreements.
7. By difference between the deposited text of our conditions and texts that otherwise are pressed, translated and/or spread, will exclusive the deposited (Dutch) text be valid.
Article 2 Offers
1. All offers issued by L.O.A.C. are not binding. Our prices are based on the rates on the date of the offer. By change of one or more of rate determining factors L.O.A.C. is allowed to change its rates accordingly and be binding also in respect to yet closed agreements with the restriction that if the prices rise with more than 7.5%, the client has the right to cancel the agreement. By dissolution, the client is obliged to pay for the already executed activities.
2. Offers of L.O.A.C. are based on the information provided by the client. The client vouches that he has provided all essential information that is required for the execution of the task. L.O.A.C. will perform the activities to its best effort. L.O.A.C. never guarantees the outcome of the project and has a so called ‘efforts obligation’.
3. The issued offers of L.O.A.C. have a validity of at most 2 months after issue date unless stated explicitly otherwise.
4. The prices included in offers and agreements are exclusive other costs such as (but not limited to): hotel expenses, stay expenses, expenses of plane tickets, travel expenses in the foreign country, VAT, insurances expense.
Article 3 Orders and agreements
1. The initial order comes into force after written notification of the client. Either through signing the offer by the client or by written order confirmation sent by the client (such can also take place via fax, e-mail, text message such as whatsapp/sms). When circumstances lead to changes in the specifications of the tasks, the client will inform L.O.A.C. immediately and in good co-operation a solution will be thought of. When as consequence of changed circumstances the tasks cannot any longer be executed within the agreed budget or the agreed term, L.O.A.C. will communicate this immediately to the client.
2. Unless explicitly agreed (in writing), all tasks will be executed in a by L.O.A.C. determined order, for which the capacities of L.O.A.C. are leading. L.O.A.C. is free in the manner of execution of the tasks, unless specifically otherwise agreed upon.
3. L.O.A.C. will give its best effort reach the intended result(s). The client accepts that the time planning of the task can be influenced, when parties in times agree on changing the approach, method or size of the task(s). The duration of the order can be influenced through all sorts of factors such as the quality of the information that L.O.A.C. obtains, and the cooperation of the client. L.O.A.C. can therefore not precisely indicate how long the lead-time for the task will be.
4. L.O.A.C. is held to ask instructions of the client, when anomalies during the activities occur, that the execution of the tasks to perform prevent, or in case the activities can no longer be executed in conformity with the order/task.
5. The expenses, holding connection with the asking of instructions (as mentioned in article 3.4) and the expenses of execution of the instructions, will be compensated by the client to L.O.A.C.
Article 4 Obligations of the client
1. The client protects L.O.A.C. from third parties that claim damage of activities executed by L.O.A.C. on behalf of the client.
2. The clients provides L.O.A.C. all information necessarily for a good execution of the task.
Article 5 Subcontracting tasks.
1. L.O.A.C. is allowed to hire subcontractors to execute (part of) the tasks to be executed. Subcontracting will, where possible and in reasonableness indicated, happen after consultation of the client and with the necessary care. L.O.A.C. is not responsible for shortcomings of these subcontractor, apart of course debt of the subcontractor.
2. When subcontractors want to limit their liabilities, L.O.A.C. is allowed to accept these limits on behalf of the client.
Article 6 Decomposition of the agreement
1. Agreements, by which L.O.A.C. is party, become dissolved during the course time of that agreements, according to the law, when:
a) one of the parties is in state of bankruptcy;
b) one of the parties show failure and in that, despite written warning, stubbornly maintains;
c) one of the parties is a natural person and this party will be placed under legal restraint.
2. Article 6.1 does not exclude the right of claiming at the damaging causing party.
3. L.O.A.C. is not obligated to execute the order if this is subject to unforeseen changes of a kind that it cannot be expected of L.O.A.C. that these changes can be dealt with. By ending of agreements L.O.A.C. is entitled to compensation of all activities until then executed.

Article 7 Liability
1. For damage to persons or goods at the client, as a result of careless actions by staff of L.O.A.C. in the exercise of activities within the framework of the supplied task, L.O.A.C. is responsible.
2. Liability of L.O.A.C. or individual staff members of L.O.A.C. for consequence damage, capacity damage or other indirect damage is explicitly excluded.
3. L.O.A.C. is not responsible when the client has supplied incorrect, incomplete or insufficient information and because of this damage and/or costs have arisen.
4. L.O.A.C. is not responsible for the damage and/or costs which have arisen by (lack of) actions of subcontractors.
5. L.O.A.C. is responsible for the shortcomings in the implementation of the task, insofar these are the consequence of lack of carefulness, expertise and the skills on which can be trusted. The liability for damage caused by the shortcomings is restricted to the amount of the fee which L.O.A.C. has received for the activities within the framework of that task. At tasks with a lead-time longer than three months, the liability is limited to the claim amount invoiced by L.O.A.C. invoiced during the last three months prior to the moment of the claim. Claims must have been submitted within 6 months after discovering damage. Claims submitted after 6 months will be rejected.
6. The implementation of the supplied tasks occurs exclusively for the client. Third parties can borrow no rights from the content of the performed activities.
Article 8 Tariffs
1. L.O.A.C. has the right to modify its used tariff and travel compensations at each moment. If the modification implies an increase of more than 7.5%, the client has the right cancel the agreement. The right to dissolution expires on the 15th day after the invoice date of the first claim which has been transmitted to the client after the increase of the tariff and/or before-mentioned travel expenses compensation.
Article 9 Invoices.
1. The client is required to pay invoices within 15 days after invoice date. If payment has not occurred within the fixed time, is the client obliges beside the principal sum, legal interest payed as well as 15% administration costs concerning the principal sum.
2. Complaints concerning a claim must have been submitted under penalty of decline in writing within 15 days after claim date.
3. As long as the task is not accomplished L.O.A.C. has been entitled to issue intermediate invoices.
4. When L.O.A.C. at non-payment by the client decides to hand over the payment receiving procedure to a third party, all costs already made, as well as that connected with this, will have to be paid by the client. These cost will consist of the principal sum, surplused by a minimum of 15% with a minimum of € 50,00 .
5. If an invoice is not paid in time, L.O.A.C. is entitled to suspend the activities, also for other tasks of the client than on which the unpaid invoice is related. L.O.A.C. is not responsible for damage, both materially and immaterial, which could arise as a result of suspension of the activities.
6. L.O.A.C. preserves itself the right for an advance payment for the activities to perform. This advance payment is settled with the final invoice. Firstly after the advance amount is received by L.O.A.C., L.O.A.C. will start with the activities concerned.
Article 10 Execution of assessments & audits
1. If the assessor or auditor, due to circumstances, is not able to complete the project/assignment, L.O.A.C. will offer options for alternatives and accommodate implementation. The necessity for replacement of a consultant does not lead to the right of the client to cancel the project.
2. Neither L.O.A.C. nor the client will hire each other’s employees within 1 year after completion of the project/assignment unless both parties have come to a written agreement.
Article 11 Confidentiality, protection of personal data and recording
1. L.O.A.C. and its’ employees are held to strict confidentiality of all specifics regarding the project, client and the employees of the client. This obligation is no longer applicable in case of a claim by the client, for which L.O.A.C. has to turn to third parties for (juridical) assistance.
2. In case of carrying out audits/assessments on behalf of third party (certification) bodies, L.O.A.C. will issue the assessment/audit report to this party (for instance Cefic/CDI). The client / accreditation body will have to arrange confidentiality agreements with its’ customers.
3. L.O.A.C. will not disclose any information to any other third parties unless such is required by (local) authorities which are entitled to do so.
4. L.O.A.C. does not sell in any way (contact/personal) data to third parties.
5. Processed personal data regarding audits of assessments (such as competence data, training records, training progress status, training certificates) which are necessary for the execution of the order, are dealt with in a confidential way and protected against loss and theft.
6. L.O.A.C. has implemented a minimalization policy regarding recording and archiving personal data. L.O.A.C. respects legal archiving periods.
7. L.O.A.C. archives project files for a period of 3 years after completion of the project. Training records are archived during 3 years.
8. Any employee of the client can ask L.O.A.C. to provide an overview of the personal data kept on him/her. L.O.A.C. will provide such overviews within 1 months after the receipt of the request. We will honour request to modify or delete personal data files as long as such is in line with the legal requirements.
9. To ensure data protection and confidentiality, L.O.A.C. has implemented suitable organisational and physical security measures.
Article 12 Intellectual property
1. Models, techniques, instruments, among which also software, which has been used for the implementation of the task and in the advice or research has been incorporated, is, and remains the property of L.O.A.C. Publication is possible only after authorisation of L.O.A.C. has been obtained. The client has of course the right to use all models, techniques and instruments in its own organisation or multiply insofar being appropriate within the aim of the task.
Article 13 Disputes
1. Disputes will be exclusively settled by the competent judge in the district where L.O.A.C. is established.
2. Dutch law applies on all agreements between L.O.A.C. and our clients.