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Data Protection Declaration and Consent to Use Data by https://clear-forward.com and https://clear-forward.nl ClearForward Scope of Clinical Consulting Services and HIPAA Compliance Agreement, Terms and Conditions
1.1 These conditions apply to all agreements in which ClearForward supplies services to a customer. Deviations from these conditions are only valid if and to the extent that ClearForward accepts them and that ClearForward’s acceptance is confirmed in writing. On all quote orders and deliveries the terms and conditions of ClearForward B.V. apply.
1.2 Offers are not binding unless stated otherwise. ClearForward reserves the right to refuse a prospective customer. The customer is responsible for accurate and complete specifications, requirements, and other data presented to ClearForward on which the offer is based by ClearForward.
1.3 An agreement is complete from the moment that ClearForward receives a duly completed and signed one-on-one application form or agreement previously sent to the prospective customer by ClearForward. After the customer accepts the offer, ClearForward can make an immediate withdrawal without providing a reason.
1.4 Applicability of purchase—or other conditions of the customer are explicitly rejected.
1.5 In case any clause of these terms and conditions is invalid or voided, the remaining provisions shall remain in full force and effect. ClearForward reserves the right to amend these terms and conditions.
2.1. All prices exclude sales tax (BTW/VAT) and other government charges, unless stated otherwise.
2.2 ClearForward reserves the right to change the rates for a periodic payment obligation. Changes will be announced at least one (1) month before they are implemented. If a customer does not agree with the change, they have the right to terminate the contract the day the changes take effect through written notice sent to ClearForward within thirty (30) days after the announcement, unless stated otherwise.
2.3 Invoices must be paid within thirty (30) days since the invoice date unless stated otherwise. The customer does not have the right to adjust or delay payment.
2.4 In case of payments made after thirty days, the customer is legally in default and without warning or notice receives a penalty of one (1) percent per month on the amount to be paid.
3.1 All goods delivered to the customer remains under ClearForward’s until all invoices are paid. Rights are granted to the customer or transferred under the condition that the customer pays the agreed fees fully.
4.1 Delivery times are specified based on the information known when entering the agreement. ClearForward strives to reach the agreed delivery times. Exceeding the delivery time does constitute a breach of contract for ClearForward and is no ground for compensation or cancellation.
4.2 If the agreement pertains to periodic services, the agreement is entered into for twelve (12) months, unless stated otherwise. The agreement shall be renewed with the same duration unless ClearForward’s customer terminates the agreement in writing with a notice period of one (1) month from the end of the agreed period.
4.3 If no notice period is agreed upon, a time period of one month applies.
5.1 The customer gives ClearForward permission to save his or her personal data in ClearForward’s person registration which is necessary for its administration and management tasks. The customer indemnifies ClearForward for all third party claims for reasons not attributable to a breach by ClearForward of the Data Protection Act and/or other laws for processing personal data.
6.1 ClearForward meets the requirements under the legislation for the processing of personal data including the Data Protection Act as applicable.
6.2 The account and traffic data are only accessible to ClearForward. This data will not be provided to third parties by ClearForward B.V. unless required to do so by law or judicial decision.
7.1 ClearForward reserves the right to change the characteristics of a service.
7.2 ClearForward will, in writing, announce a change within a reasonable timely period unless this is not reasonably possible.
8.1 ClearForward will not be held responsible in case the agreement cannot be fulfilled due to major force majeure. Force majeure includes, but is not limited to, the failure or late fulfillment by third parties of their obligations to ClearForward and defects or malfunctions in the performance of the agreed upon businesses, services, and software.
9.1 Dutch Law applies to the agreement.
9.2 In case of disputes arising from the agreement, the Dutch Court of Amsterdam has exclusive jurisdiction.