General terms and conditions
MedValue BV is a subsidiary of UMC St Radboud Holding BV and is directly affiliated with the Stichting Katholieke Universiteit, the legal entities of Radboud University Nijmegen and Radboud University Medical Center.
MedValue is housed within the Radboud University Medical Center, an academic hospital that offers state of the art healthcare services, expertise in the area of early health technology assessments, testing and validation of innovations and surgical and radiological patient processes.
MedValue was incorporated to test, advice, and execute research for third parties in the fields of medical & surgical innovations, as well as imaging. It does so on the basis of a confirmed offer/project description (hereinafter referred to as: “the project”).
In carrying out work for third parties (hereinafter referred to as: “the client”), MedValue can make use of, among other things, the facilities, expertise and other elements of the research infrastructure of Radboud University Medical Center.
Services: hiring Radboud university medical center as a subcontractor
MedValue offers its services for carrying out the project as described in an offer/project description signed by the client.
MedValue is entitled to hire, at its own discretion, expertise and support from the Radboud University Medical Center as a subcontractor of MedValue, for which purpose MedValue will enter into a separate agreement with Radboud University Medical Center.
MedValue’s obligations arising from the confirmed offer/project description, will also apply to Radboud University Medical Center and any other third parties be hired by MedValue for carrying out the project.
Quality of Service
MedValue commits itself to carrying out the agreed work carefully and excel standard quality requirements. This includes, among other things, the guidelines of the Netherlands Healthcare Inspectorate and the standard scientific guidelines for carrying out research, if, and to the extent required, the staff involved meets the requirements of education, qualification and competence.
If so requested by the client, MedValue will offer the client the opportunity to examine the quality system, the quality certificates and the results of the quality inspections of the Netherlands Institute for Accreditation in Healthcare (NIAZ) and the internal audit department for quality and safety (IWKV) of Radboud university medical center, or the third parties hired by MedValue.
Results will be reported according to the method described in the confirmed offer/project description.
The client will be exclusively entitled to the results of the work carried out by MedValue. Copyright and Intellectual Property Rights on reports and advice will be transferred to the client in advance by means of the confirmed offer/project description.
While carrying out the project, MedValue will be entitled to share the knowledge and results acquired with Radboud University Medical Center for:
- scientific research and education;
- scientific publications;
- its own use in standard business procedures or the development of these procedures.
The acquired knowledge will only be used for the aforementioned purposes after consultation with the client. The client will subscribe to the social duties and responsibilities of Radboud University Medical Center.
During this consultation, agreements will be made about presentation, the content of which will be presented and, if required, the anonymization of data and the party/parties involved. The client will at all times be given the opportunity to submit a written response and/or objection within six weeks after MedValue and/or Radboud university medical center has expressed its intention of publishing said results. MedValue and Radboud university medical center will reasonably take these objections into account.
Privacy, Consent, & Confidentiality
MedValue will handle all personal and research data made available for carrying out its work with strict confidentiality, in accordance with healthcare privacy policies.
The client shall ensure that its patients (if applicable) will be informed properly about the services provided by MedValue and the fact that their personal data will be processed by MedValue.
MedValue and the client may agree that certain patient material will also remain available for further use in scientific research or education within MedValue and/or Radboud University Medical Center. In this particular case, the client will arrange for an adequate informed consent statement, which will be made available to MedValue.
MedValue and the client will observe mutual confidentiality with regard to the results of the work carried out and the (business) information which must be specifically treated as, and remain, confidential or which must be considered as confidential information according to general criteria. All this with due observance of what has been agreed in the context of a separate project with regard to publications and other use.
MedValue and the client will agree on the fees for the services provided by MedValue during the confirmed offer/project description.
If, in the course of the work, more/less work is required, MedValue and the client will immediately consult each other to discuss the (financial) consequences and reach an appropriate decision on the matter.
Insurance & Liability
MedValue ensures that MedValue, its staff and external parties have adequate insurance coverage for statutory liability with regard to the services provided in this agreement.
MedValue cannot be held liable for any direct or indirect loss suffered by the client as a result of the services provided, unless this loss results from willful act or gross negligence on the part of MedValue.
Insofar as MedValue is liable for client losses resulting from the careless provision of services, liability will be restricted to a maximum of EUR 50,000 (fifty thousand euros) per project.
The client will indemnify MedValue against any claims, demands and legal actions by third parties resulting from or connected with the use of results which MedValue’s client has obtained as an outcome of the services provided.
Duration and Termination of the Agreement
The agreement (or signed offer) will commence on the date indicated in the confirmed offer and will end upon completion of the work as specified and the subsequent acceptance of the results unless MedValue and the client have agreed otherwise in writing or in the event of early termination of the agreement.
Early termination of the agreement will take place by registered letter observing a notice period of thirty calendar days.
MedValue and the client are entitled to suspend the (further) execution of the agreement, or to dissolve it without any judicial intervention, without prejudice to their right to alternative or additional compensation of damages, if:
- a) the other party is dissolved or otherwise ceases to exist;
- b) the other party fails imputably in the fulfillment of the obligations under this agreement and if that failure has not been remedied within a reasonable period after a written notice of default to this end;
- c) a party is declared bankrupt or files a petition for suspension of payment;
- d) an attachment is levied on a significant part of its properties or if a party otherwise loses the free disposal of a significant part of its properties.
Dutch law will apply to the confirmed offer/project description, which is an agreement for services as described in article 7:400 et seq. of the Dutch Civil Code.
The applicability of the client’s general purchase, payment or delivery conditions is expressly excluded.
Any disputes arising from this agreement which cannot be settled amicably within a reasonable timeframe will be submitted to the competent court in the district of Gelderland, located in Arnhem.