Algemene voorwaarden

1. Terms and conditions

1 Faresa – Faresa BV is a psychosocial service procider with CBE number 0819.967.031. Its offices are located at Boerenkrijgsingel 44/0.02 te Hasselt (registered office) .

2 Scope – These current general terms and conditions apply to all assignments accepted and carried out by Faresa and exclude any purchase conditions of the client. The client is deemed to be familiar with and to accept the general terms and conditions without reservation.

3 Assignment – Faresa and the client will make the necessary efforts to ascertain the existence of potential conflicts of interest and to communicate with each other before the commencement of the services by Faresa. Faresa carries out all assignments to the best of its ability and within a reasonable period. Faresa undertakes to treat each assignment confidentially in accordance with the ethical code for psychologists. The client is promptly informed about the execution of the assignment. Faresa has the right to outsource assignments to employees within Faresa and to substitutes. Faresa is also entitled to, in consultation with the client, engage third parties (specialized psychologists, partners, or other experts).

4 Cooperation by the client – The client must provide all information necessary to effectively carry out the assignment. The client is responsible for the accuracy, completeness, and reliability of the provided data. If the client does not provide necessary cooperation (timely) or according to agreement, Faresa may, after unsuccessfully urging the client, terminate its services. Faresa is not liable for any damage resulting from this termination nor for any deadlines exceeded due to the client, third parties, or force majeure.

5 Assignments and costs – Faresa charges for its assignments based on hourly rates or other methods determined in consultation with the client, for example, in the case of larger assignments. The hourly rate of involved staff members is determined based on the level of specialization and experience of the staff member or psychologist, the urgency, importance, or specificity of the assignment. Faresa charges a mileage allowance for traveled kilometers. The general office or overhead costs are, unless expressly agreed otherwise, charged as a flat fee based on a certain percentage of the assignment.

6 Invoicing – Faresa may charge a fee for the time spent on preparatory research necessary for accurately determining the quotation requested by the client (if the necessary time investment exceeds 16 hours). Upon approval of the quotation, a 50% advance payment of the quotation amount is requested. For training sessions (lasting less than 2 days), the remaining amount is invoiced upon completion of the training. Individual projects are invoiced at the start. For other assignments (excluding digital tools), invoicing is done in monthly installments. For digital projects (and related services), the full amount is invoiced upon signing the quotation.

7 Payment – Notwithstanding any contrary provision in the agreement and/or invoice conditions, the payment term is 14 days from the invoice date. To be valid, all complaints must be made in writing and by registered mail within eight days of receipt of the invoice. In case of non-payment of the invoice on the due date, the price of the invoice will be increased by operation of law and without prior notice with an interest equal to 12% and a lump sum compensation of 10%, with a minimum of 75 euros corresponding to the administrative costs incurred in this regard.

8 Cancellation or modification of the assignment by the client (client) – For trainings, assignments (less than 2 days), and small-scale risk analyses (<15,000 euros excluding VAT), the client has the right to cancel the assignment by registered mail. The following conditions apply to these assignments. Cancellation or modification by the client can be done free of charge up to 8 weeks before the start of the assignment, excluding the advance payment. In case of cancellation or modification between 8 and 4 weeks before the start of the assignment, the client is obliged to pay 50% of the remaining quotation amount. In case of cancellation or modification between 4 and 2 weeks before the start of the assignment, the client is obliged to pay 75% of the remaining quotation amount. In case of cancellation or modification less than 2 weeks before the start of the assignment, the client is obliged to pay 100% of the remaining quotation amount. The cancellation costs are calculated at the time the assignment would commence. For larger assignments, projects, and risk analyses (≥15,000 euros excluding VAT) and framework contracts (e.g., EAP), the client has the right to cancel the assignment with justification by registered mail. The following conditions apply to these assignments. Cancellation or modification by the client can be done free of charge up to 16 weeks before the start of the assignment, excluding the advance payment. In case of cancellation or modification between 16 and 12 weeks before the start of the assignment, the client is obliged to pay 50% of the remaining quotation amount. In case of cancellation or modification between 12 and 4 weeks before the start of the assignment, the client is obliged to pay 75% of the remaining quotation amount. In case of cancellation or modification less than 2 weeks before the start of the assignment, the client is obliged to pay 100% of the remaining quotation amount. The cancellation costs are calculated at the time the assignment would commence.

9 Cancellation or modification of the assignment by Faresa (the contractor) – The contractor has the right to have the assignment carried out by another party with equivalent services in case of force majeure. Cancellation or modification by the contractor can be done free of charge up to 8 weeks before the start of the assignment, provided that the advance payment is refunded. In case of cancellation or modification between 8 and 4 weeks before the start of the assignment, the contractor is obliged to reimburse 50% of the remaining quotation amount if no other party has been arranged/recommended to carry out the assignment or if there is no agreement reached through mutual consultation for another moment for the contractor to carry out the assignment.

In case of cancellation or modification between 4 and 2 weeks before the start of the assignment, the contractor is obliged to reimburse 75% of the remaining quotation amount if no other party has been arranged/recommended to carry out the assignment or if there is no agreement reached through mutual consultation for another moment for the contractor to carry out the assignment.

In case of cancellation or modification less than 2 weeks before the start of the assignment, the contractor is obliged to reimburse 100% of the remaining quotation amount if no other party has been arranged/recommended to carry out the assignment or if there is no agreement reached through mutual consultation for another moment for the contractor to carry out the assignment. The cancellation costs are calculated at the time the assignment would commence.

10 Intellectual property rights – All intellectual property rights in the questionnaires, reports, and other documents or tools originating from Faresa belong exclusively to Faresa and may not be used or reproduced under any circumstances without the express written and prior consent of Faresa.

11 Liability – All commitments of Faresa and its employees are obligations of means. Faresa is not liable for errors (including omissions and gross errors). Furthermore, the liability of Faresa can only be invoked with regard to written correspondence. Faresa's liability is in any case limited to the amount covered by its professional liability insurers, which the client expressly accepts. Upon simple written request, the client will receive additional information about these insurance policies. If, for any reason, there is no intervention by the insurers, then the liability of the employees in principal, costs, and interest is limited to the proven direct damage, with a maximum of the amount of the costs paid by the client for the services provided by Faresa that gave rise to the liability issue. Faresa is not liable for shortcomings of third parties or other experts, nor for indirect and/or unproven damage suffered by the client or a third party.

12 Protection of personal data and privacy – Faresa processes the personal data of its clients with the aim of handling files or carrying out a specific assignment for the client/client. Faresa undertakes to comply with the applicable legislation regarding the protection of personal privacy. The client has the right to access their personal data and to have any incorrect, incomplete, or irrelevant data corrected or deleted.

13 Disputes – Any dispute concerning the cooperation falls exclusively under the jurisdiction of the courts of the district of Hasselt and is subject to Belgian law. Any claim shall lapse if it is not brought before a court within one year of the cause of action arising.

2. Conditions for the use of the tools

These current conditions apply to all individuals who access and use the Burn-OutAid (BOA) app, the Faresa Digital Tools (FDT) app, and/or e-learning modules (ELF) (hereinafter referred to as the "Application/Applications").

These Applications are published by:

Faresa BV
Boerenkrijgsingel 44 box 0.02,
3500 Hasselt
CBE nr. 0819.967.031
011 75 80 55
info@faresa.be

By using an Application from Faresa (hereinafter the "Use"), the user acknowledges having read the following conditions and agrees fully, unconditionally, and expressly to their content.

Unless otherwise indicated, "Faresa" on our Applications refers to Faresa BVBA, with registered office at Boerenkrijgsingel 44 box 0.02, 3500 Hasselt, CBE number 0819.967.031, and, where applicable, the companies, logos, business names, and/or trademarks of the companies directly or indirectly connected to Faresa.

The information on this website is subject to periodic changes. Faresa reserves the right to make improvements and/or changes to this Disclaimer at any time. Therefore, you are kindly requested to consult this page regularly.

Usage guidelines

By using an Application, you agree to:

Not take actions that impede the use of the Application by other users or disrupt the security of the Application
Not upload viruses or other harmful files to an Application
Not attempt to use another user's account, password, or system without authorization from Faresa

If you wish to log in to an Application as a registered user, you must adhere to our privacy statement (see above) and behave at all times as a careful member of the Faresa community. With regard to the data you entrust to Faresa, you expressly declare that:

They do not contain logos or other elements protected by intellectual property rights or personal rights (e.g., right to privacy, right to a good reputation) of third parties, and
They do not conflict in any way with public order, good morals, or other rights of third parties.

As a registered user, you indemnify Faresa against all claims from third parties based on non-compliance with the above declaration. Faresa cannot accept any liability for material entrusted to it by users.

Termination of personal access

Faresa has the right to terminate a user's access to its Applications in the following cases:

In the event of unlawful use by the user of an Application,
In case of violation of the conditions contained in this Disclaimer,
If Faresa deems it useful or necessary for the security of the system, or to safeguard its interests or those of the user, or other users,
In the event of notification by the user to Faresa of the loss or theft of the personal login and password, or of any misuse or suspicion of misuse of the personal login and password by a third party.

Faresa assumes that the content of the messages or files of any kind posted on the Application originates from the user and corresponds to his will, unless the user has notified Faresa of the loss or misuse of his personal login.

Unavailability of Applications

Faresa reserves the right to suspend the provision of services through its Applications for maintenance or to make adjustments or improvements to the system.

Faresa also reserves the right to change its Applications, personal login, and security measures, for example, when the evolution of technology and security systems, or the evolution of applicable laws and regulations, requires it.

Faresa does not provide any guarantees for the proper functioning of its Applications and cannot be held liable in any way for malfunctioning or for temporary or permanent unavailability of Faresa or for any form of damage that may directly or indirectly result from access to or use of Faresa. The content of an Application (including links) may be taken offline, modified, changed, or supplemented at any time, in whole or in part, without notice or notification.

Liability

Information on the Applications

The information on our Applications is general and, if applicable, commercial in nature. The information is not exhaustive. Despite our reasonable efforts, it may occur that the information is not accurate or up-to-date, or that it is not applicable to the circumstances of a particular case. Therefore, we do not accept any liability for any inaccuracies or omissions (other than fraudulent misrepresentation) on an Application.

All decisions you make based on the information on an Application are your own responsibility. Faresa disclaims any liability for any loss or damage directly, indirectly, or otherwise arising from the use of an Application or the information contained therein. This applies regardless of the nature of the loss or damage.

It should be emphasized, in particular, that the Burn-OutAid (BOA) app and the Faresa Digital Tools (FDT) app do not offer guidance for forms of psychopathology, with or without suicidal tendencies, but are aimed at risk assessment for conditions such as burnout and digital self-management via smartphone.

For e-learning module (ELF), it should be noted that information is provided regarding symptoms in the form of psycho-education and self-help in the form of e-learning. However, it is by no means intended to make a clear diagnosis or to replace a consultation with a healthcare provider. The website is therefore not aimed at a clinical population, as it may not provide them with the necessary support.

Furthermore, the Applications are always intended for the adult population (i.e., 18 years of age or older).

Use of the Applications

We are not obligated to update the information on our Applications. However, Faresa is entirely free to take down and modify an Application, in whole or in part, at any time, without any prior notice or announcement.

Furthermore, Faresa does not provide any warranty regarding the proper functioning of the Applications. Regardless of the cause, we cannot be held liable for any malfunction or inaccessibility of an Application.

In no event shall Faresa be liable for consequential damages, loss of profits, work interruptions, damage to programs or other data on the computer system, as well as damage to equipment, software, or other assets of the user.

Intellectual property rights on the applications

The content of and the data that can be downloaded from the Applications are all protected by intellectual property rights, such as, but not limited to, copyright and neighboring rights, trademark rights, patent rights, and rights to trade names, logos, designs, models, software, databases, and inventions, as well as applications for such rights (hereinafter "Intellectual Property Rights"). The Intellectual Property Rights always belong to Faresa or third parties with whom Faresa has made the necessary agreements.

It is your responsibility to comply with all existing laws protecting Intellectual Property Rights. Accordingly, you undertake to refrain from any possible infringement of Faresa's or the aforementioned third parties' Intellectual Property Rights.

Unless expressly and mandatorily permitted by law, or unless you obtain prior written consent from Faresa, any reuse of an Application for non-commercial and/or commercial purposes is strictly prohibited.

Upon simple request from Faresa, you will immediately cease any reproduction or other exploitation of the aforementioned Intellectual Property Rights. Without our express consent, you may not embed the Application or create a link to any other page than the homepage (see below).

On 16/04/2015, BOA E-Learning Faresa (ELF) was registered with I-depot.

Use of hyperlinks

The Applications may contain hyperlinks to websites or pages of third parties. When we provide a hyperlink to a third-party website, it is because we believe in good faith that this website contains or may contain relevant information regarding our Applications. The presence of such hyperlinks does not mean that Faresa has analyzed the respective website(s) or approves of its content. In some cases, a hyperlink may also lead you to a third-party website that contains opinions contradictory to those expressed in one of our Applications or otherwise expressed by Faresa.

Neither we nor our subsidiaries are responsible for the content of other websites, including any websites through which you have gained access to one of our Applications, any websites to which you may have gained access through one of our Applications, as well as any websites to which we may, even indirectly, refer on one of our Applications. We accept no liability with regard to such websites or links. We expressly state that we have no control over the content or other characteristics of any other website owned by a third party. Consequently, we are not liable for any damage caused by the content or characteristics of such websites.

IIn the event that you wish to provide a hyperlink to one of our Applications, you must always send a prior request by email to Faresa: info@faresa.be. Accordingly, the pages of an Application may not be included in the pages of another website.

Additional information

We are happy to discuss the implications of any uncertainties with you. Please send us an email with your questions to: info@faresa.be.

Personal data is processed in accordance with Faresa's Privacy Policy. For all information regarding the processing of your personal data, you can read our privacy policy (see above).

Void or invalid provisions

Should any provision in this document, for any reason whatsoever, be declared unlawful, invalid, or unenforceable in whole or in part, such provision shall be deemed severable from the remaining provisions, which shall remain valid to the fullest extent permitted by law. With respect to the invalid provision, you agree that it shall be replaced by a new provision that as closely as possible reflects the intentions of the parties, while still remaining within the limits permitted by law.

Applicable law

The use of our Applications and the data downloaded from them are governed by Belgian law. In the event of disputes arising from your use of an Application, the courts of Antwerp, division Hasselt, shall have jurisdiction.

Questions, feedback, or compliments? Let us know via info@faresa.be

Terms and conditions and use of the Faresa tools.