Terms and Conditions
Article 1: General and establishment
- These general terms and conditions have been drawn up by me, coach Jolanda Tetteroo, trading under the name Onbegrensddenk.nu, located at Molenweg 2 in Laren, registered with the Chamber of Commerce under Chamber of Commerce number 61425702.
- They apply to all my agreements and offers. I reject the general terms and conditions of (potential) clients, unless stated otherwise in writing.
- I will notify you in writing of changes to my general terms and conditions. If clients do not agree to this, the agreement will either be completed or terminated in accordance with the old conditions.
- All my quotes are non-binding and valid for 3 months, unless stated otherwise. In order to avoid misunderstandings, orders must always be confirmed in writing by both parties.
Article 2: Duration and Performance of the Assignment
- Ongoing agreements (for a definite or indefinite period) can always be terminated by both parties at the end of one month, with a notice of three months.
- In the event of suspension of payment or bankruptcy of myself or the client, both parties may terminate the current agreements in writing with immediate effect.
- I have a best efforts obligation (not a result obligation), whereby I am obliged to fulfill my obligations to the best of my knowledge and ability, carefully and in accordance with the requirements of good workmanship.
- If a specific term has been agreed for a purpose, this is not a strict deadline, unless explicitly stated otherwise in writing and this also follows from reasonableness & fairness.
- I delegate or outsource to third parties when I consider it useful, and only with the consent of the client.
- In case of cancellation of an appointment (in the sense of justified postponement) within 24 hours, 75% is due. If canceled within 24-48 hours, 50% is due. In the event of cancellation longer than that, 0% is due, but in the event of cancellation that amounts to dissolution without observing the notice periods, 100% is (still) due.
- In the event of inappropriate or otherwise unacceptable behavior on the part of the client or coachee, I have the right to immediately stop my work.
- If I cannot work for more than a month (for example due to illness), I will propose a replacement. If this replacement is not acceptable to the client, it may be postponed or dissolved.
Article 3: Payment
- The order confirmation states what the client owes me. Except for consumers, this is exclusive of VAT. This is always exclusive of travel and accommodation costs, or costs of third parties engaged in consultation.
- I invoice per month, unless otherwise agreed.
- I may charge an advance for courses that require more than two months of preparation. For routes lasting longer than six months, I may request a reasonable increase in the rate, or otherwise terminate the agreement within three months.
- Payments must be made within two weeks of the invoice date, unless otherwise agreed in writing.
- If the payment is delayed for more than three months, the client will not only owe statutory interest and statutory collection costs, but also a fine of 400 Euros, for all the extra effort I have to put in.
Article 4: Privacy & Intellectual Property
- Myself and third parties engaged by me, treat all confidential data carefully and in accordance with the law.
- If the coachee is not the client, data will only be shared with the client (or vice versa) if and insofar as the coachee (or client) agrees. In the absence of such consent, this does not release the client from any payment obligation.
- No transfer of Intellectual Property will take place during the assignment. The resources or materials used or developed by me (myself or third parties) may therefore never be (re)used without permission.
Article 5: Liability
- I am never liable for damage caused by third parties who are involved in the execution of the assignment in any way; those are just these third parties. This is one of the reasons why the client has explicitly agreed to engage them.
- I am never liable for damage caused by the locations (used for appointments); those are the owners of this.
- I am only liable for any damage caused by myself (although as a coach I can hardly imagine this) in the event of intent or adjacent recklessness. I have taken out good insurance for such cases. My liability is in all cases limited to the amount that this insurance pays out.
- I am never liable for any form of (alleged) damage related to the relationship between coachee and client. This will always be a matter between them.
Article 6: Law and judge
- Dutch law applies to these conditions and all my agreements or quotations.
- If a dispute arises, the client and I are first obliged to resolve it with the help of a mediator or mediator to be appointed jointly.
- If mediation has led to nothing for three months, both parties may submit the conflict to the competent court in the Central Netherlands. This is allowed immediately in clearly urgent cases.