GENERAL TERMS AND CONDITIONS Ira Relatiecoach 01.1.2016
Article 1. Definitions
1. In these general terms and conditions the following terms shall have the following meanings:
Contractor: Ira Relatiecoach who uses these general terms and conditions for offering services;
Client: the person, company or body that gives the order for the work;
Services: all products and services provided by the contractor to the client, including coaching and other forms of guidance or advice, all in the broadest sense of the word, as well as all other activities of any nature whatsoever carried out for the client in the context of an assignment, including activities not carried out at the client's express request;
Coachee: the person who participates in a guidance, advice or coaching process, the latter if he is not himself the client.
Article 2. Applicability
1. These general terms and conditions apply to all offers and agreements in which the contractor provides services to offers or delivers. Deviations from these terms and conditions are only valid if expressly agreed in writing;
2. Not only the contractor, but also all persons or companies involved in the execution of any order for the principal may invoke these general terms and conditions;
3. These general terms and conditions also apply to additional assignments and follow-up assignments of the client.
Article 3. Quotations
1. Quotations made by the contractor are without obligation; they are valid for 15 days, unless indicated otherwise. The contractor shall only be bound by the offers if the acceptance thereof is confirmed in writing by the other party within 15 days;
2. The prices in the mentioned quotations are exclusive of VAT, unless indicated otherwise;
3. Quotations are based on the information available from the contractor.
Article 4. Execution of the agreement
1. Agreements concluded with the contractor lead to an obligation to perform to the best of one's abilities, not to an obligation to achieve a result, whereby the contractor is obliged to fulfil its obligations to the extent that standards of care and craftsmanship can be demanded of the contractor according to the standards in force at the time of fulfilment;
2. The client shall ensure that all information which the contractor indicates is necessary or which the client should reasonably understand to be necessary for the performance of the agreement is provided to the contractor in good time. If the data required for the performance of the agreement are not provided to the contractor on time, the contractor shall be entitled to suspend the performance of the agreement and/or to charge the client for the additional costs arising from the delay at the customary rates;
3. The contractor shall not be liable for damage of any nature whatsoever arising from the fact that the contractor has relied on incorrect and/or incomplete information provided by the client, unless it should have been aware of such incorrectness or incompleteness.
Article 5. Contract term and termination
1. If the agreement concluded between the parties relates to the delivery of the same performance more than once, it shall be deemed to have been entered into for an indefinite period of time unless expressly agreed otherwise in writing;
2 Both parties may terminate the agreement in writing at any time.
Article 6. Modification of the agreement
1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be carried out, the parties will adjust the agreement accordingly in good time and in consultation;
2. If the parties agree that the agreement will be amended or supplemented, this may affect the time of completion of the execution. Contractor shall inform the client of this as soon as possible;
3. If an amendment or supplement to the agreement has financial and/or qualitative consequences, the contractor shall inform the client of this in advance;
4. If a fixed fee has been agreed, the contractor shall indicate the extent to which the amendment or supplement to the agreement will result in this fee being exceeded.
Article 7. Confidentiality
1. The parties are obliged to maintain the confidentiality of all confidential information which they have obtained from each other or from another source in the context of their agreement. Information shall be deemed to be confidential if the other party has indicated so or if this arises from the nature of the information;
2. The contractor shall not refer to the order externally without the consent of the client.
Article 8. Intellectual property
1. Insofar as copyrights, trademarks, designs, trade names or other intellectual property rights are based on the services provided by the contractor in the performance of the agreement, the contractor shall be and remain the owner respectively of such rights. The client may only use the material carriers of these rights for the purpose for which they have been provided to the client, may not reproduce them and may not alter or remove any copyright, trademark, model, trade name or other indications;
2. The contractor reserves the right to use the knowledge acquired in the course of performing the work for other purposes, provided that no confidential information is brought to the attention of third parties in the process.
Article 9. Payment
1. Unless otherwise agreed in writing, payment must be made within 14 days of the invoice date in euros. Payment will take place without deduction, compensation or suspension for whatever reason;
2. If the client has not paid the amounts due by the due date at the latest, he will automatically be in default, without any further notice of default being required. In the event of default of payment by the client, the contractor shall be entitled to discontinue or suspend all work to be carried out on behalf of the client with immediate effect, without being liable to pay damages to the client in any way whatsoever.
3. In the event of default of payment, the client shall also owe default interest on the outstanding claims equal to the statutory interest rate;
4. In the event of liquidation, bankruptcy or suspension of payments of the client, the claims of the supplier and the obligations of the client vis-à-vis the supplier will be immediately due and payable; 5. Payments made by the client will always be applied in the first place to settle all interest and costs owed and in the second place to invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice;
6. If the contractor is required to put in more than the usual effort to carry out the agreement, the contractor may demand payment (or equivalent security) prior to commencement of the work.
Article 10. Collection costs
1. In the event that the contractor, for reasons of its own, decides to collect a claim for non-payment of one or more unpaid invoices through the courts, the principal shall, in addition to the principal sum and interest owed, also be obliged to reimburse all judicial and extrajudicial costs reasonably incurred. This shall always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if these exceed the legal costs to be awarded.
Article 11. Liability
1. The contractor accepts no liability whatsoever for damage caused by or in connection with services provided by it, unless the client demonstrates that the damage was caused by intent or gross negligence on the part of the contractor.
2. The contractor's liability shall be limited to the invoice value of the assignment, at least that part of the assignment to which the liability relates;
3. Contrary to the provisions of paragraph 2 of this article, in the case of an assignment with a duration of more than six months, the liability is further limited to the invoice amount due for the last six months,
4. If damage is caused to persons or property by or in connection with the provision of services by the contractor or otherwise, for which the contractor is liable, that liability shall be limited to the amount paid out under the general liability insurance taken out by the contractor, including the excess borne by the contractor in connection with that insurance.
5. Any liability on the part of the contracted party for loss of profits or other indirect or consequential loss or damage, of whatever nature, is expressly excluded.
Article 12. Cancellation/ termination of the agreement
1. Contractor shall be entitled, without giving reasons, to cancel a course, training, supervision or coaching program or to refuse participation by a client, or to refuse the coachee appointed by the client, in which cases the client shall be entitled to a refund of the full amount paid by the client to Contractor;
2. The client for a course, training, counselling or coaching program has the right to cancel participation in or the assignment for a course, training, counselling or coaching program by registered letter;
3. Cancellation of the assignment by the client can take place free of charge up to 7 days before the start of the course, training, counselling or coaching program. In the event of cancellation, the client is obliged to pay the total amount of the course, training, counselling or coaching program.
4. In case of cancellation within 7 days before the start of the course, training, guidance or coaching program, the contractor is entitled to charge 50% of the amount due and in case of cancellation within 3 days the full amount.
5. In the event that the client or the coachee appointed by the client terminates participation after the start of the course, training, supervision or coaching program or does not participate in it in any other way, the client will not be entitled to any reimbursement, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
6. An individual counselling or coaching interview can be cancelled or rescheduled free of charge up to 48 hours before the start of the interview. In the event of cancellation or relocation within 48 hours, the contracted party will be entitled to charge the full rate agreed for the interview, with a minimum of €130. If the client or the designated coachee does not show up for the scheduled call, the same rates will be charged.
7. If one of the parties commits a material breach of its obligations and, after having been expressly notified of this by the other party, fails to fulfil this obligation within a reasonable period of time, the other party will be entitled to terminate the agreement without the terminating party being liable to pay any compensation to the defaulting party. The services provided until termination shall be paid for in the agreed manner.
Article 13. Personal data
1. By entering into an agreement with the contracted party, the contracted party is granted permission for automatic processing of the personal data obtained from the agreement. The contractor shall use these personal data exclusively for its own activities.
Article 14. Dispute resolution
1. Any agreement between the contractor and the client shall be governed by Dutch law;
2. Disputes arising from agreements to which these terms and conditions apply and which do not fall within the competence of the subdistrict court shall be submitted to the competent court of the District Court in The Hague in which the contractor has its registered office.
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