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Terms and Conditions Ellis Oudendijk Change Management

The general Terms & Conditions apply to all projects executed by Ellis Oudendijk Change Management (EOCM).

  1. Proposal

    Prior to the contract and in consultation with the client, a written proposal is offered. The proposal is partially based on the information provided by the client.
    In any event, the quotation consists of:

    • a general explanation of the purpose of the project
    • the manner in which the project is carried out
    • the estimated completion time and the estimated number of day parts or hours
    • the applied day part- or hourly rate plus tax and if applicable travel/accommodation expenses.
    • the offer of a verbal explanation of the proposal
    • Commissioning of the project occurs when the client has provided a formal and written agreement of the proposal.

    EOCM executes the project, as much as possible, in accordance with the proposal. Developments that could not be foreseen during the quotation process may be a reason to deviate from the approach and/or time expenditure outlined in the proposal. This will always be firstly discussed with the client. Deviations are made with the consent of the client.

  2. Fee

    The fee includes travel and accommodation expenses within the Netherlands. Expenses will be listed separately if they are not included. An interim change in the level of the expenses that would require fee adjustment will be discussed in advance.

    The travel and accommodation expenses for foreign trips, which are requested by the client, will be fully charged to the client.

  3. Billing

    EOCM bills monthly and after termination of the project. Smaller projects will only be invoiced after the termination of the project. The applicable VAT will be charged on the amount invoiced. The bill provides an overview of the time expenditure.

  4. Participation of the client

    In order to execute the project well and to proceed according to schedule as much as possible, the client shall provide all documents and information necessary for the execution of the project in a timely manner. This also applies to the participation of employees of the organisation and of the client’s affiliates.
    If, in the opinion of EOCM, there is insufficient cooperation, there will be a consultation with the client. Should the necessary cooperation after repeated interventions from EOCM be insufficient for the realization of the project, then EOCM considers the contract terminated. This will be reported to the client in a written and verbal manner.
    Involving and engaging third parties for carrying out the project by the client or by EOCM takes place only in mutual consultation and prior to the commencement of the project.

  5. Duration and termination of contract

    The duration of the project may, apart from the efforts of EOCM, be influenced by various factors, such as the quality of the information obtained and the cooperation with the client. Therefore, it is not possible to indicate the exact completion time for the execution of the project.In financial terms, the project is terminated, once the client has approved the final bill. The client must report EOCM within thirteen calendar days after the date thereof. If the client does not respond within this period, the statement shall be deemed to be approved.

  6. Premature termination of the contract

    The client can terminate the project to EOCM at any time during the course of the project. This should be done in a written manner. In such a case, EOCM only invoices the number of day parts that have been spent until the moment of the termination of the project.

  7. Confidentiality

    EOCM is obliged to keep all information and data from the client confidential towards third parties. As part of the contract, EOCM will take all possible precautions to protect the interests of the client.
    Project reports from EOCM will not be made public, multiplied or made available to third parties without the consent of the client.

  8. Liability

    EOCM accepts no responsibility for the way in which the advices are followed or implemented or not followed or implemented by the client. The client is always fully responsible for the implementation of the advice or intervention. Damage from whatever cause, nature or extent, arising from whether the advices have been followed or not, both directly and indirectly, cannot be charged by the client, or by any party involved, to EOCM.
    The final responsibility will always remain with the client if EOCM is commissioned to provide for process management.
    In order to realize the ultimate responsibility, EOCM will regularly inform the client about the state of the situation and progress of the process and the steps to be taken, in the opinion of EOCM, in order to conduct the process in the desired manner. It is up to EOCM to make arrangements with the client about this matter.

  9. Dispute

    Any disputes arising from the implementation of the agreement or other agreements that may result therefrom, shall be settled in accordance with the “Reglement van het Nederlandse Arbitrage Insitituut” (Rules of the Dutch Arbitrage Institute) of Rotterdam. Exclusively Dutch law is applied to this agreement.

  10. Thinking in terms of solutions

    As a professional organization, and because she attaches great value to this matter, EOCM will make every effort to bring the project to a successful conclusion and to maintain a positive and lasting relationships with her clients.

Ellis Oudendijk Change Management
Wormer 2016