Terms and Conditions

1. Gerard JP van Westen provides consultancy services in drug discovery, specifically computational chemistry, poly-pharmacology bioactivity modeling, mode-of-action elucidation, (protein) target deconvolution, structure based modeling, and related fields such as bioinformatics. 

2. All instructions from clients are solely accepted and carried out by Gerard JP van Westen , even if it’s the client’s express or implied intention that an instruction will be carried out by one or more specific persons associated with Gerard JP van Westen. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code are hereby excluded. In these general conditions ‘persons associated with Gerard JP van Westen’ means every current or former, direct or indirect subordinate (‘ondergeschikte’), (seconded) employee, adviser, managing director, shareholder and/or partner of PolyPharmIS. 

3. Except to the extend that liability cannot be limited, any and all liability of Gerard JP van Westen is limited to the fee charged by Gerard JP van Westen for his services. In any event, a claim will be unenforceable unless Gerard JP van Westen receives written notice thereof no later than one year after the discovery of an event or circumstance that gives or may give rise to that claim.

4. GJP van Westen has a proven track record of predictive modeling. However, given established high attrition rates in drug discovery resulting from the complex nature of both known and unknown factors involved in the drug discovery process, computational modeling cannot be expected to account for all of these and make perfect predictions in all cases. Hence any predictions resulting from work executed by Gerard JP van Westen should be treated as is. Gerard JP van Westen cannot be held responsible for the failure of compounds, leads, or clinical candidates that were acquired or created based on services performed for the client by Gerard JP van Westen . 

5. Gerard JP van Westen may engage third parties in connection with the instruction from the client and shall exercise the necessary due care in it’s selection of third parties. Third parties will be asked to sign a 10-year standard non-disclosure agreement and employer will be updated during this process. Gerard JP van Westen is not liable for any acts and/or omissions of third parties. The client hereby authorizes Gerard JP van Westen to accept any limitations of liability of third parties on its behalf. Gerard JP van Westen excludes any and all liability that is in any way connected with insolvency or any other default of any bank, financial institution or other third party.  

6. Without prejudice to the provisions in article 2 above, these general conditions apply not only to Gerard JP van Westen , but also to all persons involved in carrying out the instruction from the client and/or who are or may in any way be liable in connection therewith, including persons associated with Gerard JP van Westen . The client indemnifies Gerard JP van Westen against all third party claims that arise from or are in any way connected to the instruction from the client and/or the services performed for the client. This indemnification includes the costs of legal assistance. 

7. Unless otherwise agreed upon, the fee for the services of Gerard JP van Westen shall be calculated on an hourly basis using a preset hourly fee; which will be updated annually by Gerard JP van Westen.

8. Any costs made by Gerard JP van Westen in the scope of and/or supporting the services for the client shall be charged separately to the employer accompanied by the relevant receipts.

9. All costs are excluding VAT. Costs for the services are charged on a monthly basis and shall in principle have a payment term of 14 days starting from the date of the invoice. 

10. These terms and conditions apply to every accepted instruction by Gerard JP van Westen, including any follow-up instructions and further client assignments. These terms and conditions are also available online on www.gjpvanwesten.nl. 
Terms and conditions are also available upon request. The client’s general conditions, if any, do not apply and are hereby expressly rejected.

11. Dutch law with the exception of rules of international private law exclusively governs the legal relationship between the client and Gerard JP van Westen. Any disputes shall be exclusively decided by the competent court in The Hague, the Netherlands, without prejudice to the right to appeal. 

Comments