General Terms and Conditions
Article 1: General
- These general terms and conditions have been drawn up by me, coach Jolanda Tetteroo, working under the name “Onbegrensddenken.nu, ” established at Molenweg 2 in Laren, registered with the Chamber of Commerce under number 61425702. These terms and conditions are a translation of the Dutch set, and in case of misunderstandings or differences, the Dutch set is leading.
- They apply to all my agreements and offers. I reject all general terms and conditions of (potential) clients, unless stated otherwise in writing.
- I can make changes in my general terms and conditions, and do so in writing. If clients do not agree with my new terms and conditions, you and I will agree if the contract will either be cancelled, or continued in accordance with the old conditions.
- All my offers are without obligation, and valid for 3 months, unless stated otherwise. In order to avoid misunderstandings, assignments or contracts must always be confirmed in writing by both parties.
Article 2: Duration and Execution of the contract
- Duration contracts or on-going assignments (either for a fixed or an indefinite period of time,) can always be terminated by both parties, in writing, by the end of a month, with a notice period of three months.
- In case of suspension of payment or bankruptcy of either me or the client, both parties may terminate the contract in writing immediately.
- I have a best efforts obligation (no obligation of result,) 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 certain date or period has been agreed for a certain purpose, this is never a hard deadline (“fatale termijn” under Dutch law), unless explicitly stated otherwise in writing and this also follows from reasonableness and fairness.
- If I deem it useful, and only with consent of the client, I may delegate or outsource to third parties.
- In case of cancellation of an appointment (in the sense of justified delay for instance in case of sickness of the coachee) less than 24 hours before the appointment, 75% is due. In case of cancellation within 24-48 hours 50% is due. In the event of cancellation longer than this, 0% will be due, but in the event of cancellation that amounts to termination, not delay, 100% will be due.
- In the event of inappropriate or otherwise unacceptable behavior of the client or the coachee, I have the right to immediately stop my work.
- If I am unable to work for more than a month (for example because of illness), I propose a replacement. If this replacement is unacceptable to the client, the contract may be either postponed or dissolved by the client.
Article 3: Payment
- The written order confirmation states what the client owes me. This is exclusive of VAT, except for consumers, for whom the price is including VAT. This price is always exclusive of travel and accommodation costs, or costs of third parties that have been engaged with consent of the client.
- I send my invoices per month, unless otherwise agreed.
- For projects that require more than two months of preparation, I may charge an advance. In case of assignments lasting longer than six months, I may request a reasonable increase in the price, or else terminate the contract within a period of three months.
- Payments must be made within two weeks of the invoice date, unless otherwise agreed in writing.
- If the payment takes longer than three months, the client is not only liable for statutory interest and legal collection costs, but also a fine of 400 Euro, for all the extra effort that I have to make.
Article 4: Privacy & Intellectual Property
- I (and third parties engaged by me), treat all confidential data carefully and in accordance with the relevant privacy laws.
- 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) consents. In the absence of such consent, this does not release the client from any payment obligation.
- During the assignment no transfer of Intellectual Property takes place. The materials used or developed by me may therefore never be (re) used without permission.
Article 5: Liability
- I can never be held liable for damage caused by third parties who are involved in the execution of the contract in any way; only these third parties can be held liable. This is one of the reasons why the client explicitly needs to consent to delegation to such a third party.
- I can never be held liable for damage caused by the locations used for appointments; the owners or these locations are liable.
- I can only be held liable for damage caused by myself (although I can hardly imagine it as a coach,) in the case of mal intent or recklessness. I have taken out good insurances for such cases. My liability is in all cases limited to the amount that this insurance pays.
- I can never be held liable for any form of (alleged) damages that are related to the relationship between coachee and client. This always remains a matter between them.
Article 6: Law and Courts
- Dutch law applies to these terms and conditions and all my agreements or offers.
- If a dispute arises, the client and I are first obliged to try to resolve this with the help of a jointly appointed mediator.
- If mediation fails for three months, both parties may submit the conflict to the competent court in Central Netherlands (“Midden Nederland”). This is possible immediately in obviously urgent cases.