TERMS AND CONDITIONS SAMA Autism Center
Article 1 Definitions
For the purposes of these general and/or special terms and conditions, the
following definitions apply:
SAMA Autism Centre: SAMA Autism Centre, with its registered office in Amstelveen, the legal entity that manages one or more institutions that offers youth care to Clients with autism and/or related disorders.
Client: a minor who, based on a decision of the municipality, is eligible for youth care and has entered or will enter into an agreement to this effect with SAMA Autism Centre, whether or not represented by his legal representative or written representative.
Legal representative: the parent(s) or guardian(s) of a minor Client
Authorized in writing: the person appointed by the Client who, without a legal basis, based on a written instruction from the Client,represents the Client in the event of legal incapacity and assists the Client in the representation of its interests.
Agreement: the Agreement concluded between SAMA Autism Center and the Client of which these General Terms and Conditions form part.
Decision: in the case of care in kind (ZIN), the decision of the competent indication body in which it is determined whether a client is eligible for a tailor-made facility. In the case of PGB, the decision of the competent indication body in which it is determined whether a client is eligible for a personal budget.
Youth care: (the provision of) youth care by SAMA Autism Center based on the Youth Act as agreed in the agreement concluded by the client and SAMA Autism Center.
Services: (the performance of) actions other than support related to a Client in the context of or in connection with a claim under the Social Support Act.
Care arrangement: the agreed youth care and services, derived from the decision.
Youth care plan: the document in which, at the start of youth care and after evaluation and updating, the agreements about youth care and the results of the discussion of the youth care plan are recorded in writing.
Care in kind (ZIN): care for which, according to the legal rules, SAMA Autism Centre receives direct reimbursement for the youth care provided to the individual Client on the basis of the agreement with the municipality.
Personal budget (PGB): a subsidy in the form of drawing rights that have been granted to the Client and with which the Client can make payments (or have them made) for care and/or youth care.
Client support: independent support for the Client with information, advice, general support and care mediation that the Client can use when discussing the youth care plan.
Article 2 Applicability
1. These general terms and conditions apply to all agreements relating to youth care and other services provided based on the Youth Act between the Client and SAMA Autism Centre.
2. These general terms and conditions do not apply to agreements under the Long-Term Care Act or the Social Support Act.
3. In addition to these general terms and conditions, special terms and conditions may apply. If special terms and conditions deviate from the general terms and conditions, the provisions of the special terms and conditions shall prevail.
4. Deviations from the general terms and conditions or special terms and conditions must be expressly agreed in writing.
5. Unless otherwise specified, these general and special terms and conditions are an explicit part of the agreement.
6. In these general terms and conditions, written also means by electronic means, for example by e-mail.
Article 3 Agreement
1. The right to youth care comes into effect after entering into an agreement between SAMA Autism Center and the Client and reaching agreement on the youth care plan.
2. An agreement, including a youth care plan, is entered into in writing and is established after signing by SAMA Autism Center and the Client.
3. If the actual youth care started on a date earlier than the signing of the agreement, that date will be considered as the effective date of the agreement. The effective date is set out in the agreement.
4. In the agreement, SAMA Autism Centre and Client record the agreed youth care plan.
Article 4 Termination and termination
1. The agreement terminates by:
a. the expiry of the term;
b. the expiry of the issued decision, unless there is an appropriate (follow-up) decision and youth care can be continued according to SAMA Autism Centre;
c. the amendment of the decision by the municipality, unless the Client can demonstrate in the opinion of SAMA Autism Centre that the Client has sufficient
c. the death of the Client;
d. a definitive departure of the Client from the institution of SAMA Autism Centre, as determined by SAMA Autism Centre;
d. Termination;
e. dissolution;
f. a judicial authorization or other title on the basis of which the Client is forcibly admitted elsewhere and the agreed youth care is effectively discontinued as a result;
g. end of the agreement between the municipality and SAMA AutismCenter;
h. by mutual consent;
i.Other statutory or agreed grounds for termination
2.For the Client with a PGB, the agreement also ends upon the occurrenceof the following circumstances:
a.revocation of the decision by the municipality. In that case, theagreement terminates with effect from the day of the withdrawal;
b.amendment of the decision by the municipality. The agreementshall terminate with effect from the day of the amendment if theClient cannot demonstrate that it has sufficient drawing rights onthe basis of the amended decision or that it has sufficient financialresources of its own.
3.SAMA Autism Center can terminate the Agreement on such compellinggrounds that continuation of youth care cannot reasonably be required.In any case, these reasons shall be understood to mean that:
a.the Client does not comply with its obligations under the Agreement;
b.the Client refuses to provide the cooperation that is reasonablynecessary for the proper execution of the Agreement, including long-term absence;
c.the Client, his legal representative, written representative, or others2involved with the Client exhibit behaviour towards employees orClients of SAMA Autism Centre, which no longer makes it possible tocontinue youth care, including aggression, violence, crime, alcoholand/or drug abuse and intimidation;
d.the scope or severity of youth care develops in such a way as to falloutside the scope of the Agreement as a result of a changed requestfor help and SAMA Autism Centre and the Client are unable to makeagreements about an amendment to the Agreement, whether or notbecause the municipality does not agree to this;
e.at the moment that SAMA Autism Center no longer receivescompensation from the municipality for the implementation of theagreed youth care and the Client does not want to purchase it at hisown expense;
f.in the case of SAMA Autism Centre, you apply for a moratorium orhave been declared bankrupt;
g.a breach of trust between the Client and SAMA AutismCentre, as a result of which proper care is no longer possible;
h.the Client, despite a written warning setting a reasonable period, failsto comply with its obligations, including its payment obligations foragreed additional services and services, after that period has expired;
i.if the Client moves to an address where SAMA Autism Centercannot reasonably be asked to maintain the Agreement.
4.SAMA Autism Center will assist to the best of its ability in finding analternative for the Client in the event of termination.
5.In the cases referred to in 4.3, termination by SAMA Autism Center maytake place against any day of the calendar month, subject to a noticeperiod of two months, unless urgent reasons to be communicated to the Client without delay justify immediate termination of the Agreement. Termination with immediate effect may in any case take place in the cases referred to in 4.3 sub e and f.
6.The Client can terminate the Agreement at any time with due observance of a notice period of one month, unless urgent reasons justify a shorter notice period.
7.Notice of termination must be in writing.
Article 5 Decision
1.The Client who receives ZIN or purchases youth care with a PGB must have a valid decision.
2.If the nature and extent of the request for help develops in such a way that, in its opinion, SAMA Autism Center is unable to provide good youth care within the limits of the decision, the Client shall request a new decision from the municipality within 5 working days at the motivated written request of SAMA Autism Center. If desired, SAMA Autism Center supports you in this.
3.The client must immediately inform SAMA Autism Center about the withdrawal, the change of the decision and about a re-indication. If the client fails to do so, there may be financial consequences for the client.
Article 6 Youth care
1.SAMA Autism Center ensures that the youth care is of good quality and deploys expert staff for this purpose.
2.The Client and SAMA Autism Center handle the execution of the Agreement on the basis of a situation of mutual respect and trust.
3.SAMA Autism Center periodically examines the satisfaction of Clients.
4.SAMA Autism Centre is authorised to outsource its actual obligations arising from the agreement with the client to (an) third party(ies).
Article 7 Spatial privacy
1.SAMA Autism Center ensures that youth care is carried out outside the observation of others than the Client, unless the Client has agreed that the assistance may be provided by others and/or postponement of the assistance is not justified or the performance of the activities outside the observation of others is not reasonably possible.
2.Persons other than the Client do not include those whose professional cooperation in the execution of the transaction is necessary.
Article 8 Information
1.SAMA Autism Center provides the Client with general information and specific information about the content of the youth care to be provided, which the Client should reasonably have at his disposal. SAMA Autism Center will provide this information in writing if the Client requests it.
2.The information is understandable and appropriate to the age and comprehension of the Client and to the youth care that the Client receives on the basis of the Agreement.
3.SAMA Autism Center will only not provide the information if the provision of information would lead to serious harm to the Client. If the interest of
5the Client so requires, SAMA Autism Center will provide the relevant information to the Client's legal representative or representative in writing.
Article 9 Youth care and consent
1.SAMA Autism Centre strives to develop a youth care plan within (six) weeks after the start of youth care in consultation with the Client, unless the youth care consists exclusively of overnight care.
2.When drawing up the youth care plan, the starting point for youth care in kind is the valid decision of the municipality where the Client lives and the agreements of SAMA Autism Center with that municipality.
3.The youth care plan sets out the agreements between the Client and SAMA Autism Centre about the:
a.needs of the Client;
b.goals of youth care;
c.deployment of SAMA Autism Center;
d.any deployment of volunteers and/or informal caregivers;
e.method of evaluating youth care in which the results are measured; and
f.evaluation moments.
4.The youth care plan as agreed upon or will be agreed upon by the Client and SAMA Autism Centre is an integral part of the Agreement.
5.The youth care plan is periodically evaluated and, where necessary, adjusted in consultation with the Client within the scope offered by the decision.
6.The location where the youth care is provided according to the youth care plan can be changed by SAMA Autism Center after consultation with the Client if SAMA Autism Center deems this reasonably necessary.
7.When discussing the youth care plan, the Client can make use of the independent Client Support offered by the municipality.
Article 10 Obligations of the Client
1.To the best of its ability, the Client will provide the cooperation that is reasonably necessary for the execution of the agreement.
2.The Client is obliged to provide all information and written documents that SAMA Autism Center reasonably needs for the proper execution of the support and services in a timely manner.
3.The Client is obliged to immediately inform SAMA Autism Centre about facts and circumstances that may be important for the performance of the support and services.
4.The Client guarantees the accuracy, completeness and reliability of the information and written documents provided.
5.The Client is solely responsible for the management of the client's income and expenses. SAMA Autism Center is never liable for this.
6.SAMA Autism Center may set requirements for the Client's clothing and aids. This is in order to be able to support the Client in the most responsible manner possible.
7.The Client is responsible for the management of his income and expenses. SAMA Autism Center is not liable for this.
Article 11 Record-keeping, confidentiality and privacy
1.SAMA Autism Center sets up a file with regard to youth care for the Client. The file contains the youth care plan and any other relevant information that is directly related to youth care.
2.SAMA Autism Center uses a privacy policy that describes the rights of the client and the obligations of SAMA Autism Center with regard to the processing of personal data.
3.The youth care plan is part of the file.
4.The file is the property of SAMA Autism Center. SAMA Autism Centre provides the Client with access to and copies of the documents that are part of the file. The disclosure will not be made insofar as this is necessary in the interest of protecting the privacy of another person.
5.SAMA Autism Center ensures that no information about the Client or access to or copy of the file is provided to anyone other than the Client without the consent of the Client. In that case, the provision will only take place insofar as it does not infringe the privacy of another person.
6.The legal representative or written representative of the incapacitated Client may be given information or access without the Client's consent, insofar as this information is necessary for the execution of the agreement.
7.SAMA Autism Center acts in accordance with the applicable laws and regulations in the field of personal data protection.
Article 12 Complaints and disputes
1.The Client can discuss a complaint with the client counsellor assigned to him or his supervisor.
2.Complaints can also be submitted to a client confidential advisor.
3.In addition, SAMA Autism Center has established a complaints procedure. Based on this, the Client may submit a complaint to the Client Complaints Committee.
4.The complaints procedure is available for inspection at SAMA Autism Centre and will be sent to you at the Client's request. The complaints procedure can also be found on the website www. SAMA Autism Centrum.nl.
5.The client can make complaints about the services provided by SAMA Autism Center known orally and in writing in the manner laid down in the complaints procedure of SAMA Autism Center.
Article 13 Liability
1.The Client must give SAMA Autism Center the opportunity to remedy a failure by SAMA Autism Center in the performance of the Agreement within a reasonable period of time at the expense of SAMA Autism Center.
2.The liability of SAMA Autism Center is limited to the amount that the insurance taken out by SAMA Autism Center pays out for this purpose, insofar as this liability is covered by the insurance. If, in any event, the insurance does not provide cover or does not pay out, the liability is limited as follows:
a.if the Agreement has lasted no more than three months at the time of the event giving rise to the damage, the liability is limited to a maximum of the amount involved in the Agreement;
b.if the Agreement has lasted longer than three months at the time of the event giving rise to the damage, the liability is limited to a maximum of the amount involved in the Agreement over the period of no more than three months immediately prior to the occurrence of the event causing the damage.
3.The provisions of article 13.2 also apply to third parties engaged by SAMA Autism Centre.
4.The limitations of liability as described in article 13.2 do not apply if the damage is due to intent or gross negligence on the part of SAMA Autism Center.
5.The Client is obliged to take out third-party liability insurance.
Article 14 Payment
1.The costs of youth care in kind are charged by SAMA Autism Center to the municipality.
2.If the Client wishes to receive additional support and services that are made in the decision, this will be at the expense of the Client. SAMA Autism Centre only provides additional services if they are included in the Agreement or are laid down in an additional written agreement signed by the Client and SAMA Autism Centre.
3.The prices of the agreed support and the agreed additional services are adjusted annually to at least the wage and cost developments and, if applicable, the statutory rates.
4.All support and services provided at the expense of the Client are subject to the special terms and conditions (payment terms).
Article 15 Working conditions
1.In the event that SAMA Autism Centre provides youth care in the Client's private home, further conditions and requirements may be imposed with regard to the working conditions.
Article 16 Intellectual property rights
1.With regard to the advice and/or publications issued by or on behalf of SAMA Autism Center about youth care, the intellectual property rights are vested in SAMA Autism Center. The documents that have been handed over by the Client to the SAMA Autism Centre that are also related to advice on youth care remain the property of the Client.
2.The Client undertakes not to make the advice issued by or on behalf of SAMA Autism Center available for inspection to third parties without the prior consent of SAMA Autism Center, unless this is required by law or concerns use in a complaints procedure, disciplinary proceedings, or other legal proceedings to which SAMA Autism Center or a care provider affiliated with him is also a party.
3.If the Client creates a work of art within the institution of SAMA Autism Center and/or with the use of the resources of SAMA Autism Center that is subject to intellectual property rights, these rights belong to SAMA Autism Center. By signing the agreement, the Client transfers these rights in advance to SAMA Autism Center. If and to the extent that this transfer does not lead to a legally valid transfer in advance, the Client or its legal representative or written representative will, upon request, cooperate fully after the establishment of individual intellectual property rights in order to realise the transfer referred to in this article.
Article 17 Compliance with the Client who is legally competent
1.Towards the Client who is younger than 12 years of age, SAMA Autism Center fulfils its obligations under the agreement towards the parent(s) or guardian(s).
2.If a Client is older than 12 years of age, but younger than 16 years of age, SAMA Autism Center needs the consent of the minor and of his parent(s) or guardian(s) for the execution of the agreement. SAMA Autism Center fulfils the obligations arising from the agreement with the Client both towards the Client and towards the Client's parent(s) or guardian(s).
3.If a Client is 16 years of age or older, SAMA Autism Center will only fulfil the obligations arising from the agreement with the Client towards the Client himself.
4.If, in the opinion of SAMA Autism Center, a Client of 16 years of age or older is actually competent to determine his will with respect to a part of the agreement, SAMA Autism Center will fulfill its obligations with respect to that part of the agreement towards the Client.
Article 18 Compliance with the incapacitated Client
1. Towards the Client who is younger than 12 years of age, SAMA Autism Center fulfils its obligations under the agreement towards the parent(s) or guardian(s).
2.With regard to the incapacitated Client who is older than twelve years and younger than 18 years, SAMA Autism Center fulfils its obligations under the agreement towards the parent(s) or guardian(s).
3.In the absence of a curator, mentor or written representative as referred to in the previous paragraph, SAMA Autism Center will fulfil the obligations arising from the agreement with the Client towards one of the following persons:
a.the Client's spouse;
b.the Client's registered partner;
c.the Client's life partner;
d.a parent of the Client;
e.a child of the Client;
f.a brother or sister of the Client.
SAMA Autism Centre chooses the representative against whom he fulfils his obligations, as described in article 1.1, in this choice the actual connection of the person concerned with the Client and his or her ability to act as a representative play an important role.
Article 19 Representation
1.If, on the basis of an agreement to which these general terms and conditions apply, SAMA Autism Centre fulfils its obligations towards the Client towards a person other than the Client himself, this person shall exercise the care of a good representative, including by involving the Client as much as possible in the performance of his task as a representative.
2.SAMA Autism Center does not fulfill its obligations towards the Client towards the person referred to in article 19.1 if this is incompatible with the duty of SAMA Autism Center as mentioned in article 6.
3.If the Client opposes an operation of a drastic nature for which the person referred to in Article 19.1 has given permission, that operation can only be carried out if it is manifestly necessary to prevent serious harm to the Client.
4.SAMA Autism Center may carry out a transaction without the consent of a person referred to in article 19.1 if the time to request such permission is insufficient because immediate execution of the operation is apparently necessary in order to prevent serious harm to the Client.
5.In the case of operations of a non-intrusive nature, the consent of a person referred to in Article 19.1 may be presumed to have been given.
Article 20 Change of care location
1.SAMA Autism Centre may decide to change the location where the Client receives youth care (different room/house/day care location) for reasons of the nature/extent of the Client's request for help, the Client's behaviour or because of optimal use of spaces, resources and/or staff.
2.The client will be informed in a timely manner about the intention of SAMA Autism Center to change the location. Timely consultations will take place with the Client about wishes and preferences. This will be taken into account as much as possible.
3.If the Client has serious objections to the intention of SAMA Autism Centre to change the care location, it will be considered, in consultation with the Client, whether an alternative can be found that the Client can agree with.
4.SAMA Autism Center ultimately makes a decision about the Client's care location and the Client will be informed about this in writing.
5.The client will be given the opportunity to get acquainted with the new care location.
6.SAMA Autism Center provides good guidance to the Client from the intention to move up to and including the realization.
Article 21 House rules
1.Each location of SAMA Autism Center has house rules, which are determined and put in writing as much as possible in consultation with clients. The purpose of these agreements is to ensure an orderly course of events. Insofar as relevant, the Client will receive a copy of these house rules and declares to comply with them.
Article 22 Remote assistance
1. SAMA Autism Center can provide remote assistance to the individual client through the use of home automation. Agreements will be made about this with the Client concerned and recorded in writing.
Article 23 Applicable law
1. These general terms and conditions and all agreements to which they apply are governed by Dutch law.
2. Disputes arising from these general and/or special terms and conditions and the agreement to which these terms and conditions apply that are submitted to the court will be dealt with by the competent court in the district in which SAMA Autism Center is located.
Article 24 Cancellation
1.Unless otherwise agreed in the youth care plan, youth care and additional services to be provided and additional services may be cancelled by the Client with a minimum cancellation period of 4 working days before the agreed start date of their implementation. In that case, SAMA Autism Center will not provide the agreed youth care and additional services, unless the Client's interest in doing so does not outweigh the disadvantage that may result for himself or others.
2.In case of late cancellation, SAMA Autism Center will charge the full costs to the Client, unless otherwise agreed in the youth care plan.
Article 25 Amendments
1.These general terms and conditions and the rules and regulations applicable on the basis thereof may be amended by SAMA Autism Centre. Amendments shall enter into force 30 days after the day on which they are notified to the Client, unless a later date of entry into force is specified in the publication.
2.Changes also apply to existing agreements
Article 26 Castle
1.These terms and conditions will enter into force on 1 April 2024
Special terms and conditions with regard to youth care in return for payment by the Client (Payment Terms).
Article 1 Applicability
1.These special conditions apply in any case to the Client who, in addition to Care in kind (ZIN), purchases other care or services from SAMA Autism Centre, for which the Youth Act or the PGB do not provide funding.
Article 2 Offer
1.All offers and/or quotations made by SAMA Autism Center with regard to the provision of youth care are without obligation.
2.SAMA Autism Center is only bound after the agreement has been signed by SAMA Autism Center and the Client.
Article 3 Tariffs and costs
1.The agreement will include the number of hours agreed with regard to the care arrangement and the corresponding rate and/or cost price. Interim changes, subject to the provisions of article 3.3., are not possible, unless SAMA Autism Center and the Client agree to this in writing.
2.Insofar as the statutory rates apply to the agreed care arrangement, the rate will be determined in accordance with those rates, unless otherwise agreed.
3.The prices and rates of the agreed care package are adjusted annually in line with wage and cost developments and the statutory rates.
Article 4 Creditworthiness
1.If the Client's creditworthiness reasonably gives cause to do so, SAMA Autism Center may require further security, such as advance payment or a guarantee.
Article 5 Invoice and payment
1.SAMA Autism Center will charge the Client for the costs within 5 days after the end of the month in which the additional services and/or youth care were provided on an itemized invoice.
2.The invoice referred to in article 5.1 contains the name, address and the Chamber of Commerce number of SAMA Autism Center, an overview of the days worked, the hourly rate, the number of hours to be paid, parts of the day or days and is under.
3.Payment by the Client must be made within the period of 14 days after the date of the invoice.
4.If the invoice has not been paid within the period of 14 days, SAMA Autism Center will send the Client a payment reminder setting a second period to pay the invoice of at least 14 days. If payment is not made after this period, the Client will automatically be in default and, from the due date of the first payment term, will owe the statutory interest on the amount to be claimed and collection costs in accordance with the Decree on Compensation for Extrajudicial Collection Costs to SAMA Autism Center. (On the website of the Judiciary you can find the scale for extrajudicial collection costs (BIK)).
5.SAMA Autism Center is entitled to charge all levies and surcharges that are required by the government.
Artikel 6 Built-in
1.If the Client is in default or in default of fulfilling one or more of its obligations, all reasonable costs incurred in obtaining payment in or out of court will be borne by the Client.
2.The extrajudicial collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs. (On the website of the Judiciary, the scale is for extrajudicial collection costs (BIK)).
