Terms and Conditions

Wichard Assessment & Development
Based in Curaçao
Curaçao Chamber of Commerce: 147741
Email: info@swpsy.com
Phone: +5999 6861130

Version: August 29, 2026

Article 1 – Definitions

For purposes of these Terms and Conditions, the following definitions apply:

1. Contractor: Wichard Assessment & Development, based in Curaçao and registered with the Curaçao Chamber of Commerce under number 147741.

2. Client: any natural person, legal entity, government body, or other organization that engages the Contractor or enters into an Agreement with the Contractor.

3. Business Client: a Client acting in the course of a profession, business, public function, or organizational responsibility.

4. Consumer: a natural person who is not acting in the course of a profession or business.

5. Individual Client: the natural person to whom the Contractor provides psychological support, coaching, guidance, or another individual professional service.

6. Examinee: the natural person who participates in a psychological evaluation, assessment, or other form of evaluation. The Examinee may be someone other than the Client.

7. Participant: a person who takes part in a training program, workshop, presentation, team development program, or other group activity provided by the Contractor.

8. Agreement: any service agreement between the Client and the Contractor, including the related proposal, engagement confirmation, and any special arrangements.

9. Services: all services offered by the Contractor, including psychological assessments, psychological evaluations, consulting, coaching, psychological support, interim behavioral specialist services, training programs, workshops, presentations, team building, reporting, and application of the Decision Accountability Framework.

10. DAF: the Decision Accountability Framework developed by the Contractor, including its associated procedures, formats, models, training programs, and materials.

11. Professional Fees: the agreed compensation for the Contractor's services, excluding taxes, travel and lodging expenses, and other expenses incurred in connection with the engagement, unless otherwise agreed in writing.

12. In Writing: communication by letter, email, electronically signed document, or another form of electronic communication agreed upon by the parties.

Article 2 – Applicability

1. These Terms and Conditions apply to all proposals, engagement confirmations, Agreements, and services provided by the Contractor.

2. These Terms and Conditions also apply to follow-up engagements and additional services, unless otherwise agreed in writing.

3. Any deviation from these Terms and Conditions is valid only if agreed in writing.

4. A Business Client's general purchasing terms or other terms apply only if the Contractor has expressly accepted them in writing.

5. In the event of a conflict, the following order of precedence applies:

   a. an Agreement or engagement confirmation signed by both parties;
   b. any special or service-specific terms agreed in writing;
   c. the proposal;
   d. these Terms and Conditions.

6. To the extent that mandatory law or applicable professional rules differ from these Terms and Conditions, those legal provisions or professional rules will prevail.

7. The version of the Terms and Conditions provided or made available to the Client before or at the time the Agreement is entered into applies to that Agreement.

Article 3 – Proposals and Formation of the Agreement

1. A proposal is nonbinding and remains valid for thirty days from the proposal date, unless the proposal states a different validity period.

2. An Agreement is formed as soon as:

   a. the Client accepts a proposal or engagement confirmation in writing;
   b. the Contractor confirms the engagement in writing; or
   c. the Contractor begins providing the Services with the Client's consent.

3. Acceptance by email constitutes written acceptance.

4. The Contractor is not bound by obvious mistakes, typographical errors, or calculation errors in a proposal.

5. Changes or additions to the engagement take effect only after they have been agreed in writing.

6. If additional services prove necessary during performance, the Contractor will discuss this with the Client as soon as reasonably possible. Additional services may be billed separately.

7. The Contractor may decline an engagement in the event of a conflict of interest, insufficient expertise or capacity, incompatible professional roles, an unclear request, or an engagement that conflicts with applicable law, professional rules, or professional independence.

Article 4 – Performance and Professional Independence

1. The Contractor will perform the Services to the best of her knowledge and ability and in accordance with the standard of care expected of a reasonably prudent psychologist and professional service provider.

2. The Contractor will act within the limits of her expertise and in accordance with applicable laws and regulations and the professional and ethical standards governing her work.

3. The Contractor's obligations are obligations to use commercially reasonable professional efforts, not obligations to achieve a particular result. The Contractor does not guarantee any specific outcome, decision, behavioral change, appointment, authorization, judicial outcome, or other result.

4. The Contractor retains her professional independence. The Client may not direct or control research findings, conclusions, recommendations, or the contents of a professional report.

5. If a Client instruction conflicts with professional standards, applicable law, or the proper performance of the Services, the Contractor may refuse the instruction or terminate all or part of the engagement.

6. Stated performance and delivery dates are estimates and are not firm deadlines unless expressly agreed in writing.

7. The Contractor may engage carefully selected third parties if doing so is necessary or advisable for proper performance. To the extent those third parties work under the Contractor's professional responsibility, appropriate arrangements will be made regarding competence and confidentiality.

8. Independent providers, including test publishers, airlines, lodging providers, venues, software providers, and digital platforms, provide their own services under their own responsibility.

Article 5 – Cooperation and Information

1. The Client will timely provide all information, documents, authorizations, and cooperation required for proper performance of the Services.

2. The Client represents that the information provided is accurate and complete and has been lawfully disclosed.

3. To the extent this falls within the Client's responsibilities, the Client will timely inform the relevant Individual Clients, Examinees, and Participants about the purpose and structure of the engagement and their position within it.

4. The Client will provide personal information relating to third parties only where a valid legal basis exists.

5. If required information is provided late or is incomplete or inaccurate, the Contractor may:

   a. suspend performance;
   b. revise the schedule;
   c. charge for additional services and expenses; or
   d. terminate the engagement if proper performance is no longer possible.

6. Where relevant, the Client will provide a suitable, safe, and confidential work, evaluation, or training environment and the agreed facilities.

Article 6 – Psychological Assessments and Evaluations

1. Before a psychological assessment or evaluation begins, the purpose, referral question, methods, intended recipient of the report, and intended use of the results will be defined as clearly as possible.

2. The selection of evaluation methods, tests, interviews, information sources, and reporting format falls within the Contractor's professional responsibility.

3. An evaluation reflects a professional opinion based on the available information, the evaluation methods used, and the circumstances at the time of the evaluation.

4. To the extent permitted by the nature and framework of the engagement, the Examinee will be informed about:

   a. the purpose and structure of the evaluation;
   b. the respective positions of the Client and the Examinee;
   c. how information will be collected;
   d. the intended recipient and use of the report; and
   e. applicable rights concerning review, correction, and reporting.

5. To the extent required by applicable professional rules and the framework of the engagement, the Examinee will have an opportunity to review the report before it is sent to an external Client.

6. An Examinee may request correction of demonstrable factual inaccuracies. Professional findings, interpretations, conclusions, and recommendations remain the Contractor's professional responsibility and need not be changed at the Examinee's request.

7. To the extent provided by applicable professional rules, an Examinee may exercise a right to prevent a report from being sent to an external Client. In that event, the Contractor will inform the Client only that no report will be provided, unless applicable law or the specific framework of the engagement provides otherwise.

8. Any right to prevent release of a report does not apply where applicable law, a court order, a legally regulated engagement, or other binding requirements provide otherwise.

9. Reports will be provided only to the recipient agreed in advance and may be used only for the agreed purpose.

10. A report may not be used for a position, proceeding, decision, or context other than the one for which it was prepared without the Contractor's prior written consent.

11. Findings and recommendations are specific to a particular time and context. Use after the passage of time or in a changed context requires a new professional evaluation.

12. If an Examinee fails to cooperate adequately, withholds relevant information, is ill or otherwise unable to participate sufficiently, appears under the influence, or ends the evaluation prematurely, the Contractor may suspend, reschedule, or terminate the evaluation. Fees for Services already performed and expenses already incurred remain due.

13. The final selection, appointment, licensing, treatment, administrative, or judicial decision remains the responsibility of the authorized Client or competent authority. A psychological report constitutes professional advice and does not transfer responsibility for that decision.

14. For evaluations governed by statute or court procedure, including evaluations in judicial or administrative contexts, the specific legal requirements, letters of instruction, professional guidelines, and procedural rules will prevail.

Article 7 – Individual Guidance, Coaching, and Psychological Support

1. Before individual guidance begins, the parties will agree on its purpose, approach, anticipated duration, fees, and respective responsibilities.

2. If an employer or another organization pays for the Services, the substance of the sessions will, in principle, remain confidential.

3. The parties will agree in advance on what information, if any, may be reported to the external Client. No substantive information will be shared without the Individual Client's specific consent, unless a legal or professional exception applies.

4. General information concerning attendance, progress, or completion will be provided only to the extent this has been clearly agreed in advance and is professionally appropriate.

5. Coaching and short-term psychological support are not emergency or crisis services. In an acute mental health or medical emergency, the Individual Client must contact a physician, crisis service, or local emergency service.

6. If the Contractor determines that different or more specialized care is needed, she may recommend that guidance not begin, be temporarily suspended, or be appropriately concluded.

7. The Individual Client remains responsible for their own choices, decisions, and actions. The Contractor supports the process but does not make personal, medical, legal, or professional decisions on the Individual Client's behalf.

Article 8 – Training Programs, Workshops, Presentations, and Team Development Programs

1. The content and format of a training program, workshop, presentation, or team development program will be tailored to the agreed objective, target audience, available time, and context.

2. The Client is responsible for timely communication with Participants and, unless otherwise agreed, for providing a suitable venue, required audiovisual equipment, internet access, and other facilities.

3. Training programs and presentations are educational and professional in nature and do not constitute individual diagnostics, treatment, or personal advice to Participants.

4. Participants are responsible for their own contributions, conduct, and application of the information and insights provided.

5. No video or audio recordings of sessions may be made without prior written consent.

6. The Client and Participants must respect the confidentiality of personal information and case material shared during a session.

7. After issuing a warning, the Contractor may exclude from further participation any Participant who seriously disrupts safety, confidentiality, or the orderly conduct of the session. This does not automatically entitle the Participant or Client to a refund.

Article 9 – Decision Accountability Framework and Other Methodologies

1. DAF is a professional support framework for structuring, explaining, and creating a traceable record of considerations and decisions.

2. DAF does not prescribe an outcome and does not replace applicable law, professional guidelines, legal authority, internal procedures, or the user's own professional responsibility.

3. The user remains fully responsible for the substance, legality, and consequences of the final decision.

4. The Contractor does not guarantee that use of DAF will result in any particular decision, outcome, approval, or limitation of liability.

5. If DAF materials, formats, or other methodologies are provided to the Client, the Client receives only a limited, nonexclusive, nontransferable right to use them for the purpose agreed in writing.

6. Without prior written consent, DAF or other methodologies may not, in whole or in part, be:

   a. copied or made public;
   b. made available to third parties;
   c. sold, licensed, or commercially exploited;
   d. incorporated into the Client's own product, training program, or methodology; or
   e. modified and then distributed under another name.

7. Separate use or licensing terms may be agreed for extensive or ongoing use of DAF.

Article 10 – Confidentiality

1. The parties will keep strictly confidential all information that they know, or reasonably should understand, is confidential.

2. The Contractor will disclose confidential information only:

   a. to the extent necessary to perform the engagement;
   b. to the recipient agreed in advance;
   c. with the data subject's specific consent;
   d. where disclosure is required by law or professional obligations; or
   e. to the extent necessary to defend against a complaint or in disciplinary or judicial proceedings.

3. The Client may share reports, recommendations, and other confidential documents only within the group of recipients agreed in advance and only for the purpose for which they were prepared.

4. Further distribution, publication, or use in another proceeding is prohibited without the consent of the Contractor and, where required, the person concerned.

5. The parties will exercise appropriate care in digital communications. Sensitive personal information will be exchanged through secure means whenever reasonably possible.

6. The confidentiality obligations survive termination of the Agreement.

Article 11 – Personal Information

1. The Contractor processes personal information in accordance with applicable privacy laws and her Privacy Statement.

2. The Contractor will not process more personal information than is reasonably necessary for the performance, administration, quality assurance, and legally required documentation of the engagement.

3. Psychological, medical, judicial, and other sensitive information will be handled with heightened care.

4. Depending on the nature of the engagement, the Client and the Contractor may each act as an independent data controller, or the Contractor may process personal information on the Client's behalf.

5. Where required by law or the nature of the engagement, the parties will enter into additional written arrangements concerning the processing of personal information.

6. The Contractor will implement appropriate technical and organizational security measures, taking into account the nature and sensitivity of the information.

7. The Client must immediately notify the Contractor of any suspected unlawful disclosure, loss, or unauthorized access involving personal information connected with the engagement.

8. Additional information about purposes, legal bases, retention periods, security, and data subject rights is included in the Privacy Statement on the website.

Article 12 – Intellectual Property and Use of Materials

1. All intellectual property rights in texts, report templates, recommendations, methodologies, presentations, training programs, exercises, learning activities, formats, and other materials developed by the Contractor remain vested in the Contractor.

2. The Client receives only the right to use the delivered materials for the purpose for which they were provided.

3. Reports may be used and shared only within the group of recipients agreed in advance and for the agreed purpose.

4. Training materials may not be copied, photographed, recorded, distributed, resold, or incorporated into the Client's own training programs or publications without written consent.

5. Intellectual property rights in psychological tests, questionnaires, software, images, and other third-party materials remain vested in the relevant rights holders.

6. The Client acquires no right to test materials, raw test data, scoring keys, or other professionally protected materials, unless applicable law or regulations provide otherwise.

7. The Contractor's name, logo, and materials may not be used for publicity or other commercial purposes without prior written consent.

8. The Contractor will identify a Client as a client, collaboration partner, or reference only if consent has been obtained or if that relationship has already been lawfully made public.

Article 13 – Professional Fees and Expenses

1. The Client must pay the agreed Professional Fees, plus applicable taxes and agreed expenses.

2. The applicable currency and rates will be stated in the proposal or engagement confirmation.

3. Unless otherwise stated, amounts exclude sales tax or other applicable taxes.

4. Travel and lodging expenses, local transportation, test licenses, material costs, venue fees, courier fees, and other engagement-related expenses may be billed separately.

5. Nonrefundable expenses paid by the Contractor to third parties for the engagement remain payable in full if the Client changes or cancels the engagement.

6. Additional services resulting from an expansion or change in scope, additional meetings, additional candidates, additional reports, incomplete information, or other unanticipated work may be billed separately.

7. For longer-term engagements, the Contractor may periodically adjust her rates. Any rate change will be announced in writing in advance.

8. The Contractor may require an advance payment, deposit, or other security before beginning or continuing the Services.

Article 14 – Invoicing and Payment

1. The Contractor may invoice in advance, periodically, by phase, or upon completion.

2. Payment is due within thirty days after the invoice date, unless another payment period has been agreed in writing.

3. Any objection to an invoice must be submitted in writing, with reasons, as soon as possible and preferably within fourteen days after the invoice date.

4. An objection does not suspend a Business Client's payment obligation unless otherwise agreed in writing.

5. If a Business Client fails to pay on time, it will be in default after the payment period expires and statutory interest will be due.

6. For a Consumer, any reminder and additional payment period required by law will first be provided, to the extent required.

7. To the extent permitted by law, all reasonable judicial and extrajudicial collection costs are payable by the Client. Statutory limitations apply to Consumers.

8. In the event of nonpayment, the Contractor may suspend further Services and withhold results not yet delivered, to the extent professionally and legally permissible.

9. Payments will first be applied to costs and interest and then to the oldest outstanding invoice.

Article 15 – Cancellation and Rescheduling

Individual Appointments

1. An individual appointment may be canceled or rescheduled without charge up to 24 hours before its scheduled start time.

2. If an appointment is canceled or rescheduled less than 24 hours before its scheduled start time, or if the Individual Client fails to appear without notice, 100% of the agreed Professional Fees may be charged.

3. If cancellation is due to demonstrable exceptional circumstances, the Contractor may reasonably decide to waive all or part of the fee.

Assessments and Psychological Evaluations

1. If the Client or Examinee cancels, the following percentages apply unless otherwise agreed in writing:

   a. more than five business days before the scheduled start date: only Services already performed and expenses already incurred;
   b. two to five business days before the scheduled start date: 50% of the agreed Professional Fees, plus expenses incurred;
   c. less than two business days before the scheduled start date or in the event of a no-show: 100% of the agreed Professional Fees.

2. Test licenses already purchased, preparation costs, and nonrefundable travel and lodging expenses remain payable in full.

Training Programs, Workshops, Presentations, and Team Development Programs

1. If the Client cancels, the following percentages apply unless otherwise agreed in writing:

   a. more than thirty calendar days before the start date: Services already performed and expenses already incurred;
   b. fifteen to thirty calendar days before the start date: 50% of the agreed Professional Fees;
   c. eight to fourteen calendar days before the start date: 75% of the agreed Professional Fees;
   d. seven calendar days or fewer before the start date: 100% of the agreed Professional Fees.

2. Nonrefundable travel, lodging, venue, license, and material expenses also remain payable in full.

3. A request to reschedule does not automatically constitute a cancellation. The Contractor will determine whether rescheduling is possible and what incurred or additional expenses will be charged.

4. If the Contractor must cancel an appointment or session, the parties will agree on a new date. If rescheduling is not reasonably possible, any Professional Fees already paid for the unperformed portion will be refunded. To the extent permitted by law, the Contractor is not liable for consequential expenses incurred by the Client or Participants.

Article 16 – Suspension and Termination

1. The Contractor may suspend performance if:

   a. the Client fails to pay on time;
   b. required information or cooperation is not provided;
   c. safety or confidentiality cannot be adequately ensured;
   d. a conflict of interest or professional objection arises; or
   e. continuing performance would conflict with applicable law or professional rules.

2. Either party may terminate an Agreement of indefinite duration in writing by providing reasonable notice.

3. The Contractor may immediately terminate all or part of the Agreement if:

   a. the Client commits a material breach and fails to cure it within a reasonable cure period;
   b. payment is not made;
   c. threats, aggression, intimidation, or other unsafe conduct occurs;
   d. the Client or another person involved knowingly provides materially inaccurate information;
   e. the Contractor's professional independence is compromised; or
   f. proper performance is no longer reasonably possible.

4. Upon termination, all Services already performed, reasonably reserved time, obligations incurred, and expenses incurred remain payable.

5. When a professional guidance relationship is ended, the Contractor will act with due care and, where appropriate and possible, discuss alternative support or referral.

6. Provisions concerning payment, confidentiality, personal information, intellectual property, liability, and disputes survive termination.

Article 17 – Force Majeure

1. Force majeure means any circumstance beyond the Contractor's reasonable control that makes performance temporarily or permanently impossible or unreasonably burdensome.

2. Force majeure includes, without limitation, the Contractor's illness or incapacity, natural disasters, extreme weather, epidemics, government measures, civil unrest, strikes, flight cancellations, transportation problems, power or internet outages, and failures of required external systems.

3. The Contractor's obligations will be suspended for the duration of the force majeure event.

4. The parties will first attempt to reschedule the Services, provide them remotely, or otherwise adjust them appropriately.

5. If performance becomes permanently impossible or the force majeure event continues for more than sixty days, either party may terminate the unperformed portion of the Agreement.

6. Fees for Services already performed and expenses incurred or nonrefundable expenses remain payable.

7. To the extent permitted by law, the Contractor is not liable for damages resulting from force majeure.

Article 18 – Complaints

1. Any complaint concerning the Services must be submitted as soon as possible in writing, with sufficient supporting reasons, to info@swpsy.com.

2. The Contractor will generally acknowledge receipt of the complaint within five business days.

3. The Contractor will endeavor to provide a substantive response within four weeks. If more time is needed, the complainant will be informed.

4. The parties will first attempt to resolve the complaint through mutual consultation.

5. Any applicable professional, disciplinary, or other complaint procedures remain fully available.

6. A complaint does not automatically suspend a Business Client's payment obligation.

Article 19 – Liability

1. The Contractor is liable only for direct damages demonstrably caused by a breach attributable to the Contractor in performing the Agreement.

2. To the extent the Contractor's professional or commercial liability insurance provides coverage, liability is limited to the amount paid by the insurer plus the applicable deductible.

3. If no insurance payment is made for a reason not attributable to the Contractor, liability is limited to the Professional Fees charged for the portion of the engagement that caused the damages.

4. For engagements lasting more than six months, liability in the circumstances described in paragraph 3 is limited to the Professional Fees for the preceding six months.

5. To the extent permitted by law, the Contractor is not liable for indirect, special, incidental, or consequential damages, lost income, lost savings, reputational harm, business interruption, or damages caused by loss of data.

6. The Contractor is not liable for damages resulting from:

   a. inaccurate, incomplete, or untimely information;
   b. withholding of relevant information;
   c. use of a report or recommendation outside the agreed purpose;
   d. changes made by third parties to materials or reports;
   e. decisions made by the Client, an employer, a court, an administrative body, or another competent authority; or
   f. failures or deficiencies of independent third-party providers, unless the Contractor demonstrably failed to use reasonable care in selecting them.

7. The limitations in this Article do not apply in the event of the Contractor's willful misconduct or conscious recklessness, or where mandatory law prohibits limitation of liability.

8. The Client and other persons involved must take reasonable steps to prevent or mitigate damages.

Article 20 – Indemnification by Business Clients

1. To the extent permitted by law, a Business Client will indemnify and hold the Contractor harmless from third-party claims arising from:

   a. unlawful or unauthorized use of reports, recommendations, or materials;
   b. unauthorized disclosure or publication;
   c. inaccurate or unlawfully obtained information provided by the Client;
   d. the Client's infringement of intellectual property rights; or
   e. the Client's failure to comply with agreed arrangements.

2. This indemnification does not apply to the extent the claim results from a breach attributable to the Contractor.

3. This Article does not apply to a Consumer to the extent it would conflict with mandatory consumer law.

Article 21 – Notice and Limitation of Claims

1. Any potential breach or damages must be reported to the Contractor in writing, with reasons, as soon as possible after discovery.

2. The Client must provide all information reasonably required to investigate the notice and must give the Contractor an opportunity, where possible, to remedy or mitigate the consequences.

3. Unless mandatory law provides otherwise, any claim against the Contractor will expire if it is not asserted in writing within one year after the Client became aware, or reasonably should have become aware, of the potential claim.

4. The period stated in this Article does not limit any Consumer rights that may not be limited under mandatory law.

Article 22 – Consumers

1. If the Client is a Consumer, all mandatory consumer rights remain applicable.

2. Provisions intended exclusively for Business Clients do not apply to a Consumer.

3. If a statutory right of withdrawal applies to a distance contract, the Consumer will be informed of that right separately.

4. If a Consumer requests that the Services begin before any applicable withdrawal period has expired, the Consumer may be charged proportionately for Services already performed, to the extent permitted by law.

5. In the event of a conflict between these Terms and Conditions and mandatory consumer law, mandatory consumer law will prevail.

Article 23 – Governing Law and Disputes

1. All Agreements with the Contractor are governed by the laws of Curaçao, unless mandatory law provides otherwise.

2. The parties will first attempt to resolve any dispute through consultation.

3. If consultation does not resolve the dispute, it will be submitted to the court of competent jurisdiction in Curaçao, unless mandatory law designates another court of competent jurisdiction.

4. Any applicable professional or disciplinary proceedings remain available in addition to ordinary court proceedings.

Article 24 – Final Provisions

1. If any provision of these Terms and Conditions is found to be invalid, voidable, or unenforceable, the remaining provisions will remain in effect.

2. In that event, the parties will replace the affected provision with a valid provision that most closely reflects the purpose and intent of the original provision.

3. A party's failure to exercise a right immediately does not constitute a waiver of that right.

4. The Contractor may amend these Terms and Conditions. A substantive amendment will apply to an existing engagement only if the Client agrees or if the amendment is required by applicable law or regulations.

5. If these Terms and Conditions are translated, the Dutch-language version will control.

6. These Terms and Conditions are available at www.swpsy.com/algemene-voorwaarden/ and will be provided electronically at no charge upon request.