General Terms and Conditions
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
– contractor: Hanneke van den Berg – Coaching – Counseling – Training – who uses these general terms and conditions for the provision of services;
– client: the company or agency, the private individual, who provides the assignment for the work;
– services: all products and services delivered by the contractor to the client, including workshops, training, teambuilding, tailor-made assignments: coaching / counseling and other forms of support, or consultancy, as well as all other work performed by the client for the benefit of the client carried out as part of an assignment.
Article 2. Applicability of these conditions
These general terms and conditions apply to all offers and agreements where the contractor offers or delivers services. Deviations from these conditions are only valid if expressly agreed in writing;
Not only the contractor but also all persons or companies that are involved in the execution of any assignment for the client, can appeal to these general terms and conditions;
These general conditions also apply to additional assignments and follow-up assignments of the client;
Any purchase or other general terms and conditions of the client are not applicable, unless these have been expressly accepted by the contractor in writing.
Article 3. Offers and Order confirmation
The quotations made by the contractor are without obligation; they are valid for 30 days, unless stated otherwise. Contractor is only bound by the offers if the acceptance thereof is confirmed by the other party in writing within the indicated period of 30 days (or otherwise indicated);
The prices in the mentioned offers are exclusive of VAT, unless indicated otherwise;
Offers are based on the information available from the contractor;
Assignments are made after receiving an order confirmation. A confirmation by email also applies as an order confirmation.
Article 4. Agreement
Agreements concluded with the contractor lead the contractor to make an effort obligation, not an obligation to achieve results, whereby the contractor is obliged to fulfill its obligations in such a way as can be demanded by standards of due care and craftsmanship according to the standards of the moment of fulfillment of the contractor;
If and insofar as required for the proper execution of the agreement, the contractor has the right to have certain work carried out by third parties. This will always be done in consultation with the client;
The client shall ensure that all data, of which the contractor indicates that these are necessary or of which the client should reasonably understand that these are necessary for the execution of the agreement, are timely provided to the contractor. If the data required for the execution of the agreement are not provided to the contractor in time, the contractor has the right to suspend the execution of the agreement and / or charge the extra costs resulting from the delay to the client according to the usual rates. ;
The Contractor is not liable for damage of any kind whatsoever, because the Contractor has assumed incorrect and / or incomplete information provided by the Client, unless this inaccuracy or incompleteness should have been known to it.
Article 5. Cancellation / Interim Termination
Cancellation / Interim termination must be made in writing. The e-mail date or the date of the postmark applies as the cancellation date;
Irrespective of the period within which the Client cancels, the already completed preparatory activities will be charged;
Interim termination by the Contractor:
If facts or circumstances arise, which are beyond its control and are of such a nature that the completion of the Work can not reasonably be required, the Contractor has the right to terminate the work prematurely without being obliged to pay damages or costs.
Article 6. Costs of cancellation
Cancellation by the Client of a private individual consultation:
24 hours before the appointment date. In case of ‘no-show’ or late cancellation of the appointment, the entire amount will be charged.
Cancellation by the Client of a workshop / teambuilding / training / custom assignment:
Cancellation up to 30 working days before the start date: free of charge.
Cancellation equal to or shorter than 30 working days and longer than 15 working days before the start date: 50% of the total rate agreed for the workshop, teambuilding, training, custom assignment.
Cancellation equal to or less than 15 working days before the start date: 100% of the total rate agreed for the workshop, teambuilding, training, custom assignment.
Article 7. Costs of changes in date
Changes in dates of execution workshop / teambuilding / training / customized assignment where the new starting date falls within 13 weeks of the original date:
Changes up to 15 working days before the start date: € 150.00 administration costs per (partial) assignment.
Change equal to or shorter than 15 working days and longer than 10 working days before the start date: 50% of the total rate agreed for the (partial) assignment.
Changes equal to or less than 10 working days before the start date: 75% of the total rate agreed for the (partial) assignment.
All external costs already incurred by the Contractor (including rental of accommodations and any additional aids, persons: coaches, supervisors, speakers): 100%.
Changes to dates of execution where the new date falls after 13 weeks of the original date will be considered as cancellation. In the event of cancellation of changed data, the original performance data will be counted.
Article 8. Rates and costs of the assignment
Workshops / Teambuilding / Training / Tailor-made assignment
The costs for workshops are calculated in packages and are linked to the nature of the workshop (day parts). The rate is recorded in an order confirmation.
The costs of teambuilding are calculated in packages and are linked to the nature of the teambuilding (day parts). The rate is recorded in an order confirmation.
The costs of Training are calculated in packages and are linked to the nature of the training (day parts). The rate is recorded in an order confirmation.
The costs of tailor-made assignments are calculated in packages and are linked to the nature of the customized assignment (day parts). The rate is recorded in an order confirmation.
Private individual consultations:
The costs of private individual consultations are calculated in minutes and are linked to the nature of the consultations. The rate is recorded in an order confirmation.
Unless there are exceptional circumstances, the rates will be revised as of 1 January of each calendar year.
Article 9. Payments
Unless expressly agreed otherwise, the Client must pay invoices within fourteen days of the invoice date. (In the case of (website) offers, the invoice must be paid immediately through IDAEL payment).
If payment is not made on time, the Client will be in default without a further notice of default being necessary.
Without prejudice to his other obligations, the Client shall owe legal interest on the outstanding amounts from the due date of the invoice until the day of full payment.
All costs that the Contractor must incur to collect the amount due to it are at the expense of the Client. These costs amount to at least 10%, with a minimum of EUR 125, – of the amount to be claimed.
The Contractor always has the right to demand security for the payment both before and after the conclusion of an agreement. This applies under suspension of the execution by the Contractor of the agreement until security has been provided and / or (full or partial) advance payment has been received by the Contractor.
A first private individual consultation must be paid in advance; by bank transfer, cash or by online payment.
Unless expressly agreed otherwise, the Client must pay invoices for private individual consultations within seven days of the invoice date.
Article 10. Liability
The Contractor does not accept any liability whatsoever for damage caused by or in connection with services provided by it, unless the Client proves that the damage was caused by intent or gross negligence on the part of the Contractor.
The contractor’s liability is limited to the invoice value of the assignment, at least that part of the assignment to which the liability relates;
Contrary to what is stipulated in paragraph 2 of this article, in the case of an assignment with a term of more than six months, liability is further limited to the invoice amount due over the last six months,
If damage is caused to or by persons in connection with the provision of services by the contractor or otherwise, for which the contractor is liable, this liability shall be limited to the amount of the payment pursuant to the general liability insurance taken out by the contractor, with understanding of the deductible that the contractor bears in connection with this insurance.
Any liability of the contractor for trading loss or other indirect damage or consequential damage, of whatever nature, is expressly excluded.
The Contractor is not liable for shortcomings of third parties.
Article 11. Confidentiality
The Contractor undertakes to maintain confidentiality with regard to all confidential information relating to the Client.
Workshops, teambuilding, training, tailor-made assignments, coaching-counseling and intake interviews are treated as personal and confidential. The executive professional will not provide any information to third parties about the content of these interviews, unless the coachee or trainee has given his explicit and written permission to do so.
Confidential information is that information, which is provided as such to the Contractor and any other information that can reasonably be regarded as confidential.
In addition, the Contractor will not make any reports, reports (including those written by the Contractor) concerning (the organization of) the Client, available to third parties, unless express permission has been given.
Article 12. Intellectual Property Rights
Insofar as Authors, trademarks, models, trade names, or other intellectual property rights are based on the services provided by the contractor for the execution of the agreement, the contractor shall be and remain the owner of these rights. The client may only use the material carriers of these rights for the purpose for which they have been provided to the client, not multiply them and not change or remove the copyright, trademark, design, trade name and other designations;
The Contractor reserves the right to use the knowledge gained during the execution of the work for other purposes, in so far no confidential information is brought to the knowledge of third parties.
Article 13. Personal Data
By entering into an agreement with the contractor, the contractor is granted permission for automatic processing of the personal data obtained from the agreement. This personal information will only be used by the contractor for its own activities.
Confidentiality: Both parties are obliged to maintain confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
If, on the grounds of a statutory provision or court order, user is obliged to provide confidential information to third parties designated by the law or the competent court, and user can not rely on a legally recognized or recognized by the competent court. or the right to change, the user is not obliged to pay damages or compensation and the other party is not entitled to terminate the agreement on the grounds of any damage, arising from this.
Article 14. Disputes
Dutch law applies to every agreement between the contractor and the client;
Disputes arising from agreements to which these conditions apply and which do not belong to the jurisdiction of the subdistrict court, will be submitted to the competent court of the district in which the contractor is established.
Article 15. Changing Terms and Conditions
Hanneke van den Berg – Coaching – Counseling – Training reserves the right to change her Terms and Conditions.
The latest version of the General Terms and Conditions applies to new clients. (version june 2018)