Terms and conditions
Also available in Dutch, request if necessary.
In these general terms and conditions the following terms have the following meanings:
Coach: The legal entity that uses these general terms and conditions to offer services of coaching or related activities.
Coachee: The person who takes part in a counseling process, coaching or related activities.
Services: All coaching activities for which an assignment has been given, or that are directly related to the assignment, all this in the widest sense of the word.
Agreement: Any agreement between Coach and Coachee to provide services by the Coach on behalf of the Coachee.
2: Applicability of these conditions
- These general terms and conditions apply to all quotations, order confirmations and agreements whereby services are offered or delivered by the Coach.
- These general terms and conditions also apply to every Agreement in which third parties are involved.
- Deviations from these general terms and conditions are only valid if and when they have been agreed in writing between the Coach and the Coachee.
- Any other general terms and conditions of the Coach do not apply unless the Coach has explicitly accepted them in writing.
- If one or more provisions of these general terms and conditions are invalid or should be unvalidated, the other terms of these general terms and conditions will remain fully applicable. The Coach and the Coachee will then enter consultation to agree on a new term to replace the invalid or term, as much as possible in accordance with the original terms in mind.
3: Invoices, quotations, and establishment of the Agreement
- All quotations and offers made by the Coach are without obligation and are valid for 30 days, unless stated otherwise. The Coachee is only bound by an offer or quotation if the acceptance by the Coachee has been confirmed to the Coach without reservation or change within the set period of validity.
- The prices in the offers are exclusive of VAT, unless explicitly stated otherwise.
- The Agreement is established by acceptance of the quotation by the Coachee as referred to in the last sentence of paragraph 1. The Coach and the Coachee also have an Agreement, if the Coach confirms an agreement in writing made between the Coach and the Coachee and the Coachee does not dispute the correctness thereof in writing within ten working days or – if that period is shorter – before the start of the agreement.
- An agreement with a third person as the coach can also be agreed upon if, at the request of that third person, a conversation has been held with or on behalf of the Coachee, on the basis of which the parties agree on a coaching program or sessions and that is followed by sending by the Coach with an invoice.
4: Execution of the Agreement
1.Every Agreement leads the Coach to an obligation to use best endeavors whereby the Coach is obliged to fulfill his obligations to the best of his ability, with care, commitment, and craftsmanship.
- In all cases in which the Coach finds it useful or necessary, he has the right – in consultation with the Coachee – to have certain work performed by third parties or to be assisted by third parties.
- The Coachee ensures that all information, which the Coach indicates is necessary for the execution of the agreement, is provided to the Coach in a proper, complete, and timely manner. If the information required for the execution of the agreement is not provided to the Coach in time, the Coach has the right to suspend the execution of the agreement and / or charge the extra costs resulting from the delay to the Coachee according to the usual rates.
- If a time period has been agreed upon by the Coach for the completion of certain activities, this is not a strict deadline, unless explicitly agreed otherwise. Exceeding the agreed period therefore does not result in an attributable shortcoming on the part of the Coach. For that reason, the Coachee cannot dissolve the agreement and is not entitled to compensation. If the agreed period is exceeded, the Coach can set a new, reasonable period within which the Coach must perform the Agreement. Exceeding this new period may provide grounds for the Coachee to terminate the agreement.
- When the Coach performs an assignment or session in collaboration with a third party, the Coach will determine in consultation with all parties what each person’s task is. The Coach is not jointly and severally liable, nor liability for the performance of the task and the associated activities of the third party.
5: Confidentiality and Privacy
- Conversations between the Coach and the Coachee are considered strictly confidential. Information is considered confidential if this has been communicated by the Coach or if this arises from the nature of the information. The Coach ensures that this obligation is also imposed on any employees or third parties engaged by him in an assignment. The Coach will therefore not make any statement to anyone about the content and course of these conversations, unless the Coachee has given permission for this.
- Both during and after the Agreement (s) with the Coachee, the Coach will keep confidential all data and knowledge of the Coachee that has been provided in the context of the agreement (s) with the Coach and handle it with due care, except the obligation that the law imposes on him to disclose certain information.
6: Intellectual property
- The Coach is entitled to the intellectual property rights regarding the services and products provided by him – in the context of the Agreement – or used in the context of the Agreement, including but not limited to tests, readers, reports, models, exercise material and workbooks.
- Without the explicit written permission of the Coach, the Coachee may not use these services and / or products, to which the Coach is entitled, regarding intellectual property rights, other than for the benefit of this assignment.
- The Coach is entitled to use the knowledge obtained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties and if it cannot be traced back to the individual Coachee.
7: Fee and costs
1.Unless explicitly agreed otherwise, the Coach’s fee consists of a predetermined fixed amount per agreement or per service provided.
- All fees are exclusive of government levies such as tax (VAT), as well as exclusive of travel and other expenses incurred for the benefit of the Coachee, including but not limited to invoices from third parties engaged.
- The Coach may request the Coachee to pay a reasonable advance with expenses incurred on behalf of the Coachee. When a reasonable advance has been requested by the Coach, the Coach has the right to suspend the performance of the work until the Coachee has paid the advance to the Coach.
- The Coach reserves the right to adjust the agreed fees annually due to changes in the general price index and due to any measures imposed by the government.
- Payment must be made within 10 days of the invoice date in a manner to be indicated by the Coach. Payment will be made without any deduction, settlement, or suspension for whatever reason.
- The Coach is free, at its own discretion and in deviation from the general rule described in paragraph 1, to require a down payment of 50% to 100% of the fee. This down payment must be made before the start of the first (paid) call, session or event. If desired, the Coachee will receive a separate invoice for this.
- After the payment term has expired, the Coachee is in default. From the moment of default, the Coachee owes default interest on the amount due to the statutory interest, to be increased with administration costs that amount to 10% of the outstanding invoices.
- Payments made by the Coachee always serve to settle in the first place all interest and costs due, and in the second place of due and payable invoices that have been outstanding the longest, even if the Coachee states that the payment relates to a later / other invoice.
9: Collection costs
If the Coach takes collection measures against the Coachee who is in default, the costs related to that collection will be paid by the Coachee, which costs are set at at least 10% of the outstanding invoices. These costs include the costs of any collection agencies, bailiffs and / or lawyers to be engaged.
- The Coach is only liable towards the Coachee for damage as a result of a serious shortcoming in the performance of the Agreement. This is the case if the Coach does not observe the required care and expertise in the execution of the agreement.
- If, for whatever reason, no insurance payment is made, the liability of the Coach towards the Coachee is limited to the fee of the assignment to which the liability relates, with a maximum of € 1,000.
- The Coach is not obliged to pay compensation for indirect damage suffered by the Coachee, including but not limited to consequential damage, lost profit and damage as a result of business interruption.
- The Coach will exercise care when engaging third parties not working in its organization (such as advisers, experts or service providers). The Coach is not liable for serious shortcomings towards the Coachee or for any errors or shortcomings of these third parties. In such a case, the Coachee is obliged to hold the third parties engaged themselves liable and to recover any damage suffered from these third parties.
- The Coach is not liable for damage suffered by the Coachee, of whatever nature, if the Coach relied on incorrect and / or incomplete information provided by the Coachee in the performance of its assignment, unless this inaccuracy or incompleteness for the Coach was or should be clearly identifiable.
- The Coach or the third parties who are charged with guiding the Coachees, will not give or use any means, methods, techniques or instructions or allow situations to arise that limit or adversely affect the ability of the Coachee observing, analyzing and assessing imminent damage for the Coachee, in whatever form. If the Coachee should incur any damage, the Coach or coaches or third parties are in no way liable for this.
- The Coachee indemnifies the Coach against all claims (such as damages and legal claims) from third parties related to the implementation of the agreement between the Coach and the Coachee, unless it concerns claims resulting from serious shortcomings of the Coach.
- If the Coachee has not brought any claim against the Coach within one year after the discovery of the damage, this legal claim will lapse after the expiry of the year.
11: Cancellation conditions
The activities referred to in the context of the agreement are deemed to commence on the date of acceptance by the Coachee and the invoice received from the Coach.
Apart from this, the parties can agree on a different starting date, but then this date must be explicitly and separately agreed in writing by the parties.
- The Coachee owes 100% of the total agreed principal sum, if – even without canceling – he does not use the agreed services of the Coach.
- Cancellation of a single coaching conversation or single session by the Coachee must – regardless of the reason for cancellation – take place at least 24 hours in advance, whereby the confirmation the cancellation by the coach is leading. In case of cancellation within 24 hours, the relevant costs will still be invoiced.
12: Termination of the Agreement
- The Coach is entitled to terminate the agreement, with immediate effect, without judicial intervention, by means of a written notification to the Coachee, if the Coachee fails to pay an invoice sent by the Coach, within 14 days after written reminder.
- The Coach is entitled to terminate the Agreement with immediate effect and without judicial intervention by means of a written notification to the Coachee, if any obligation arising from the agreement is not or not properly fulfilled within 14 days after a written reminder.
- Both the Coach and the Coachee can terminate the agreement in writing with immediate effect if the other party is granted a moratorium or has been declared bankrupt.
Article 13: Dispute settlement
- All agreements between the Coach and the Coachee are governed by Dutch law.
- If the Coach and the Coachee have a dispute arising from this Agreement, they are obliged to first try to resolve this dispute in consultation.
- If consultation does not lead to a resolution of the dispute, the competent judicial authority in the district where the Coach is located is exclusively authorized to take note of the dispute.
14: Final provision
These General Terms and Conditions are available in various languages (Dutch, English), but the General Terms and Conditions drawn up in the Dutch language form the basis for any discussion regarding the intention, explanation and interpretation of the General Terms and Conditions, compared to the various translations.