Terms and Conditions
Drawn up in Grave, May 1, 2019
Application
Unless otherwise agreed, these general terms and conditions apply to all invoices and
agreements of or with DoulaDominique and all related acts, both preparatory and executive.
Order confirmation and change in given order
a) The intake introductory meeting at DoulaDominique is free of charge and without obligation. This is an exploratory conversation of ± 1 hour.
b) Order confirmation is based on the information available at DoulaDominique.
c) Confirmation of guidance can be done in writing, orally, by email or Whatsapp. This is binding. This assignment is confirmed by a guidance agreement signed by both parties.
d) If the client wishes to make changes to the assignment that has led to the agreement, these can be presented both in writing and orally. Acceptance of changes to existing assignments is only legally valid if this has been done in writing.
e) The order ends automatically 6 weeks after the birth of your child, after the final appointment if it has been agreed later than 6 weeks after the delivery and if the invoice has been paid in full. In case of a single appointment, the assignment ends if the invoice has been paid for it.
Provide information by the client
The client does everything necessary to ensure that the guidance by DoulaDominique is successful.
Method of carrying out the assignment
DoulaDominique determines, in consultation with the client, the way in which the assignment will be carried out. If requested, it has the duty to inform the client in advance of the manner in which the implementation is to be implemented.
Confidentiality
a) DoulaDominique is obliged to observe secrecy towards third parties, not involved in the execution of the assignment, of all information made available to it by the client and the results obtained by processing it. DoulaDominique commits itself to the ethical code as prescribed by the NBvD (Dutch Professional Association of Doulas).
b) In the event of imminent danger for the client, as well as for society or certain persons, DoulaDominique reserves the right to provide relevant information to authorized persons or bodies if this can prevent the danger.
c) If, on the basis of a statutory provision or a court decision, DoulaDominique
is obliged to provide confidential information to third parties designated by law or the competent court and Dominique van der Vorst can not invoke a legal right of refusal recognized or permitted by the competent court, then DoulaDominique is not obliged to compensation or compensation and the other party is not entitled to dissolve the agreement on the basis of any damage caused by this.
d) See also privacy statement on the website.
Invoice amount and costs
a) All rates are for private individuals including VAT.
b) The rates for services can be adjusted annually from 1 January. They do not apply to existing contracts.
c) The amount of the fee charged, unless agreed otherwise in writing, has been calculated according to the usual rates of DoulaDominique, see the website.
d) Work will be charged to the client on the basis of the agreed rates. If no rates have been agreed in advance, the rates will be determined on the basis of the rates customary at DoulaDominique, see website.
e) If it is necessary for the execution of the assignment that DoulaDominique incurs travel and / or parking costs, these will be borne by the client, less the number of one-way kilometers stated on the website.
Terms of payment
a) Payments must be made within 14 days of the date of the invoice to a bank account indicated on the invoice.
b) In the event of late payment, the client is in default by operation of law. If Dominique van der Vorst hands over her claim against the client for collection, the client will owe all judicial and extrajudicial costs involved in collection.
Liability
a) DoulaDominique has a best effort obligation, no result obligation. This means that she will make every effort to work within the limits of her competence. In order to guarantee quality and improve competences, she will regularly use peer supervision, supervision and further training.
b) DoulaDominique is never liable for direct, indirect or emotional damage or damage resulting from decisions taken by the client, whether or not on the basis of consultation with DoulaDominique, information or assistance provided. The client is at all times responsible for the choices made.
c) Conditions for the creation of any right to compensation are always that the client after the occurrence thereof has reported the damage to DoulaDominique in writing as soon as reasonably possible.
d) If damage is caused by or in connection with the provision of services to persons or property for which it is liable, that liability will be limited to the amount of the payment under the liability insurance taken out by DoulaDominique, including of the deductible that they have in connection with that insurance
wear.
e) Any liability of DoulaDominique for trading loss or other indirect damage or consequential damage, of whatever nature, is expressly excluded.
Duration and termination
a) An agreement for a doula process can be terminated at any time after mutual consultation by the parties or extended if desired.
b) DoulaDominique has the right to terminate the agreement with immediate effect without notice of default or judicial intervention if the client has been unable to meet its financial obligations within the agreed term.
c) If one of the parties falls seriously short in the fulfillment of its obligations and has been explicitly pointed out by the other party, does not yet fulfill this obligation within a reasonable period, the other party is entitled to terminate the agreement without the terminated the shortcoming party owes any compensation. The services delivered until the termination are paid in the agreed manner.
d) DoulaDominique is entitled to enter into an agreement with the client without obligation
to fully or partially annul damages if the client is granted a moratorium
applies for or goes bankrupt.
e) DoulaDominique only enters into guidance contracts with natural persons.
Resist shortcomings and agreements
DoulaDominique reserves the right to reschedule agreements free of charge in case of illness,
incapacity for work, death, serious family illness or force majeure which prevents her from fulfilling her agreement at that time.
Retention of title
a) All items used by DoulaDominique to support her work during appointments and delivery remain the property of her.
b) All documents provided by DoulaDominique, such as exercises, tests, texts, etc. are exclusively intended for use by the client and may not be reproduced, published or used by third parties without the prior permission of DoulaDominique. They can be regarded as works within the meaning of Art. 1 of the Copyright Act.
Complaints procedure
a) DoulaDominique has linked to the ethical and professional code as can be found on the website of the Dutch Professional Association for Doula's www.nbvd.nl If the guidance has not been satisfactory and we cannot work it out together, please contact with the NBvD.
b) If it is no longer possible or useful to perform the agreed work, DoulaDominique will only be liable within the limits of Article 8.
c) A complaint may concern the quality of the service provided or a violation of the Code of Ethics.
What does DoulaDominique not do
- Your medical advice or care.
- Take on the role of your partner.
- Stick to your birth plan at all costs.
- Forcing you to do things you don't want to do.
- Assist home deliveries without the presence of a midwife.
- Create unrest between you and your other healthcare providers.
- Give her opinion on how you should like it.
- Make diagnoses.
- Perform medical procedures and procedures.
- Talk to the medical staff on your behalf without consulting you.
- Make medical decisions for you.
- A doula has no medical responsibility and does not think in protocols.
Applicable law
Dutch law applies to all guidance agreements and disputes arising therefrom. The version that applied at the time of the conclusion of the assignment always applies.
