TERMS & CONDITIONS

TERMS & CONDITIONS

Article 1: Definitions

In these general terms and conditions, the following definitions apply:

Contractor: The natural or legal person on whose behalf the Coach offers Services in the field of coaching, training, or related activities subject to these general terms and conditions.

Client: The natural or legal person who has commissioned the Contractor to perform Services in the field of coaching, training, or related activities.

Coach: The coach affiliated with Just About You Coaching.

Coachee: The natural person who participates in a counseling process in the field of coaching, training, or related activities.

Services: All work for which an order has been given, or which arises from or is directly related to the order, all this in the broadest sense of the word.

Agreement: Any agreement between the Client and the Contractor for the provision of Services by the Contractor for the Client.

Just About You Coaching: ZZP coaching business run by Asja van der Helm in The Hague, The Netherlands.

Article 2: Applicability of these terms and conditions
  • These general terms and conditions apply to all quotations and agreements whereby the Contractor offers or supplies Services in the context of its profession.
  • These general terms and conditions also apply to any Agreement in which third parties are involved in the performance of the Contractor.
  • Deviations from these general terms and conditions are only valid if and insofar as they have been agreed upon in writing between the Client and the Contractor.
  • Any purchase or other general terms and conditions of the Client do not apply unless the Contractor has expressly accepted them in writing.
  • If one or more provisions of these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The Client and the Contractor will then enter into consultation to agree on a new provision to replace the void or voided provision, as far as possible in accordance with the purpose and intent of the original provision.
  • These general terms and conditions also apply to additional assignments and follow-up assignments from the Client.
Article 3: Applicable rules of conduct and regulations
  • The Contractor performs the Services in accordance with the “Gcoach.nl Code of Ethics” or the professional rules that take its place and considers itself bound by the professional rules and disciplinary courts. The applicable rules of conduct can be found on the Gcoach.nl website: www.gcoach.nl.
Article 4: Quotations and conclusion of the Agreement
  • All quotations made by the Contractor are without obligation and are valid for 30 days unless indicated otherwise. The Contractor is only bound by an offer if the acceptance thereof has been confirmed to the Contractor by the Client within the set period of validity without reservation or change.
  • The prices in the quotations include VAT unless explicitly stated otherwise.
  • The Agreement is concluded by acceptance of the quotation by the Client as referred to in the last sentence of paragraph 1. The Client and the Contractor have also concluded an Agreement if the Contractor confirms an agreement made between the Client and the Contractor in writing and the Client does not confirm its correctness. within ten working days or – if that term is shorter – before the commencement of the work.
Article 5: Performance of the Agreement
  • Each Agreement leads to a best efforts obligation for the Contractor, whereby the Contractor is obliged to fulfill its obligations to the best of its ability, with due care and the necessary craftsmanship at the time of the execution of the Agreement.
  • In all cases in which the Contractor deems this useful or necessary, it has the right – in consultation with the Client – ​​to have certain work performed by third parties or to be assisted by third parties.
  • The Client shall ensure that all data, which the Contractor indicates are necessary for the execution of the agreement, are provided to the Contractor in a proper, complete, and timely manner. If the information required for the execution of the Agreement has not been provided to the Contractor in time, the Contractor has the right to suspend the execution of the Agreement and/or to charge the Client for the additional costs resulting from the delay in accordance with the usual rates.
  • If a term has been agreed by the Contractor for the completion of certain activities, this is not a strict deadline, unless expressly agreed otherwise. Exceeding the agreed term, therefore, does not constitute an attributable shortcoming on the part of the Contractor. For that reason, the Client cannot dissolve the Agreement and is not entitled to compensation. If the agreed term is exceeded, the Client may set a new, reasonable term within which the Contractor must perform the agreement. Exceeding this new term may constitute grounds for the Client to dissolve the Agreement.
  • When the Contractor is instructed to perform an assignment or part thereof in collaboration with a third party, the Client will determine in consultation with all those involved what each person’s task is. The Contractor accepts no joint and several liabilities, nor liability for the performance of the task and the associated activities of the third party.
Article 6: Confidentiality
  • Subject to any obligation imposed on him by law or by an authorized government body to disclose certain information, the Contractor is obliged to maintain confidentiality towards third parties with regard to all confidential information that it receives in the context of the Client’s Agreement or from another source. has gotten. Information is considered confidential if this has been communicated by the Client or if this results from the nature of the information. The Contractor shall ensure that this obligation is also imposed on any employees or third parties engaged by it for an assignment.
  • Conversations, sessions, and other contacts that take place in any form whatsoever between the Contractor and Coachee are considered to be strictly confidential. The Contractor will therefore not inform anyone, including the Client, about the content and progress of these contacts, unless the Coachee has given explicit permission for this.
Article 7: Intellectual property
  • The Contractor is entitled to the intellectual property rights with regard to the products it has provided to the Client and/or Coachee – within the framework of the Agreement – ​​or used – within the framework of this Agreement – ​​including but not limited to tests, readers, reports, models, training materials and computer programs.
  • The Client and/or Coachee may not make use of these products, to which the Contractor is entitled with regard to intellectual property rights, without explicit written permission from the Contractor, other than for the purpose of this assignment.
  • The Contractor 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 provided that it cannot be traced back to individual Clients or Coachees.
Article 8: Fee and costs
  • Unless expressly agreed otherwise, the Contractor’s fee consists of a predetermined fixed amount per Agreement or per Service provided and/or can be calculated on the basis of rates per unit of time worked by the Contractor.
  • All fees include government levies such as turnover tax (VAT), but exclude unforeseen travel and other expenses incurred on behalf of the Client, including but not limited to invoices from third parties engaged.
  • The Contractor may request the Client to pay a reasonable advance in connection with fees that the Client owes or will owe and/or expenses that must be incurred on behalf of the Client. If a reasonable advance has been requested by the Contractor, the Contractor has the right to suspend the performance of the work until the Client has paid the advance to the Contractor or has provided security for this.
  • The Contractor reserves the right, in consultation with the Client, to annually adjust the agreed fees due to changes in the general price index and measures imposed by the government.
Article 9: Payment
  • Payment must be made within 14 days of the invoice date, in a manner to be indicated by the Contractor. Payment will be made without deduction, set-off or suspension for whatever reason.
  • After the expiry of 14 days after the invoice date, the Client is in default. From the moment of default, the Client owes the Contractor default interest equal to the statutory interest on the amount due.
  • In the event that there are several Clients, each Client is jointly and severally liable to the Contractor for the payment of the total invoice amount if the work has been performed for all these Clients.
  • Payments made by the Client always serve in the first place to settle all interest and costs owed, and in the second place to settle payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.
Article 10: Collection costs
  • If the Contractor takes collection measures against the Client, who is in default, the costs related to the collection will be borne by the Client, which costs are set at least 15% of the outstanding invoices, starting with a minimum of 40 euros.
  • These costs include the costs of any collection agencies, bailiffs, and/or lawyers to be engaged.
Article 11: Liability
  • The Contractor is only liable to the Client and/or Coachee for damage as a result of a serious attributable shortcoming in the execution of the Agreement. This is the case if the Contractor does not observe the required care and expertise in the execution of the Agreement.
  • If the Contractor is liable for damage suffered by the Client or Coachee, its liability is limited to the amount that is paid out in the appropriate case under the professional liability insurance or other liability insurance taken out by the Contractor, increased by the deductible applicable to the Client, whereby the total of these amounts is limited to the maximum amount of the insurance. A copy of the policy with the conditions of the professional liability insurance will be sent by the Contractor on request.
  • If for whatever reason, no insurance payment is made, the Contractor’s liability towards the Client and/or Coachee is limited to the fee of the assignment to which the liability relates, with a maximum of € 500.
  • The Contractor is not obliged to compensate indirect damage suffered by the Client or Coachee, including but not limited to consequential damage, lost profit, and damage as a result of business interruption.
  • The Contractor will exercise due care when engaging third parties who are not active in its organization (such as consultants, experts, or service providers). The Contractor is not liable for serious shortcomings towards the Client or Coachee or for any errors or shortcomings of these third parties. In such a case, the Client is obliged to hold the engaged third parties liable and to recover any damage suffered by these third parties.
  • The Contractor is not liable for damage suffered by the Client or Coachee, of whatever nature, if the Contractor has based its assignment on incorrect and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness was clearly known to the Contractor. or should have been.
  • The Contractor or coaches or third parties to be engaged by him, who are charged with guiding coachees, will not give or use any means, methods, techniques, or instructions or allow situations to arise that limit or adversely affect the Coachee’s ability to observe, analysis and assessment of any form of injury that threatens the Coachee. If the Coachee should suffer any injury, the Contractor or any coaches or third parties to be engaged by him is in no way liable for this.
  • The Client indemnifies the Contractor against all claims (such as damage and legal claims) from third parties related to the performance of the Agreement between the Client and the Contractor unless these are claims resulting from serious shortcomings on the part of the Contractor.
  • If the Client and/or Coachee has not instituted a possible claim against the Contractor within 1 year after the discovery of the damage, this legal claim will lapse after the end of the year.
Article 12: Cancellation conditions
  • Cancellation by the Client must be made by registered letter.
  • In the event of cancellation by the Client of Coaching and other coaching programs within 36 to 12 hours before the start of the relevant activity, the Client owes 50% of the costs of the canceled hours or of the agreed principal sum. In the event of cancellation by the Client of Coaching and other coaching programs within 12 hours before the start of the relevant activity, the Client owes 100% of the costs of the canceled hours or of the agreed principal sum.
  • The Client owes 100% of the total agreed principal sum if he does not use the Contractor’s agreed services, even without canceling.
Article 13: Termination of the Agreement
  • The Contractor is entitled to terminate the Agreement, with immediate effect, without judicial intervention, by means of a registered written notification to the Client, if the Client fails to pay the invoice sent by the Contractor, within 14 days after a written reminder.
  • The Contractor is entitled to terminate the Agreement, with immediate effect, without judicial intervention by means of a registered written notification to this effect to the Client if any obligation arising from this Agreement is not fulfilled or not properly fulfilled within 14 days after a written reminder.
  • Both the Client and the Contractor may terminate the Agreement with immediate effect by means of a registered letter if the other party is granted a moratorium or is declared bankrupt.
Article 14: Dispute Resolution
  • Dutch law applies to all Agreements and legal acts between the Client and the Contractor.
  • If the Contractor and the Client or Coachee have a dispute arising from this agreement, they are obliged to first try to resolve this dispute in consultation and if this fails, to use mediation.
  • If consultation and/or mediation does not lead to a solution of the dispute, the competent judicial authority where the Contractor is established has exclusive jurisdiction to hear the dispute.

Established in The Hague on November 12th, 2022

Filed with the Chamber of Commerce in The Hague.

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