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Article 1 Definitions
The following definitions apply in these terms and conditions:
De Coach, Jojanneke Koedam, who offers coaching, training or related services under these general terms and conditions.
The natural or legal person who has instructed the Contractor to provide Services in the field of coaching, training or related activities.
The coach, Jojanneke Koedam.
The natural person who participates in a coaching process in the field of coaching, training or related activities.
All activities for which an order has been given, or which result from or are directly related to the order, all this in the broadest sense of the word.
Any agreement between the Commissioning party and the Contractor for the provision of Services by the Contractor for the Commissioning party.
Article 2 Applicability of these conditions
- These general terms and conditions apply to all quotations and agreements in which Services are offered or delivered by the Contractor in the context of its profession.
- These general terms and conditions also apply to every Agreement in which third parties are involved for the implementation by the Contractor.
- Deviations from these general terms and conditions are only valid if and insofar as they have been agreed in writing between the Commissioning party and the Contractor.
- Any purchase or other general terms and conditions of the Commissioning party do not apply, unless the Contractor has explicitly accepted these in writing.
- If one or more provisions of these terms and conditions are invalid or should be destroyed, the remaining provisions of these terms and conditions remain fully applicable. The Commissioning party and the Contractor will then consult each other to agree on a new provision to replace the invalid or voided provision, as far as possible in accordance with the purpose and scope of the original provision.
- These general terms and conditions also apply to additional assignments and follow-up assignments from the Commissioning party.
Article 3 Applicable rules of conduct and regulations
- The Contractor performs the Services, insofar as they concern coaching or related activities, in accordance with the “NOBCO Ethical Code of Conduct”. The code of conduct can be found on the NOBCO website, nobco.nl.
Article 4 Offers and formation of the Agreement
- All offers 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 Commissioning party within the stated period of validity without reservation or modification.
- The prices in the quotations are exclusive of VAT unless explicitly stated otherwise.
- The Agreement is established by acceptance of the offer by the Commissioning party as referred to in the last sentence of paragraph 1. The Commissioning party and the Contractor have also concluded an Agreement if the Contractor confirms an agreement made between the Commissioning party and the Contractor in writing and the Commissioning party does not confirm its accuracy within ten working days or – if that period is shorter – disputed in writing before the start of the work.
Article 5 Execution of the Agreement
- Each Agreement leads to an obligation for the Contractor to perform to the best of its ability, with due care and expertise.
- In all cases where the Contractor considers it useful or necessary, it has the right – in consultation with the Commissioning party – to have certain work carried out by third parties or to be assisted by third parties.
- The Commissioning party shall ensure that all data, which the Contractor indicates to be necessary for the performance of the agreement, is properly, fully and timely provided to the Contractor. If the information required for the implementation of the Agreement has not been provided to the Contractor in time, the Contractor has the right to suspend the implementation of the Agreement and / or to charge the Commissioning party the additional costs resulting from the delay in accordance with the usual rates.
- If a period has been agreed by the Contractor for the completion of certain activities, this is not a strict deadline, unless explicitly agreed otherwise. Exceeding the agreed term therefore does not result in an attributable shortcoming on the part of the Contractor. Commissioning party can therefore not terminate the Agreement and is therefore not entitled to compensation. If the agreed period is exceeded, the Commissioning party may set a new, reasonable period within which the Contractor must execute the agreement, Exceeding this new term can provide the Commissioning party with a ground for dissolution of the Agreement.
- When the Contractor is instructed to fulfill an assignment or a part thereof in cooperation with a third party, the Commissioning party will determine what everyone’s task is in consultation with all parties involved. The contractor accepts no joint and several liability, nor liability for the performance of the task and the associated activities of the third party.
Article 6 Confidentiality
- The Contractor is, subject to any obligation imposed on him by the law or a competent government body for the disclosure of certain data, to maintain confidentiality vis-à-vis third parties of all confidential information that he has obtained from the Commissioning party or from another source in the context of the Contract . Information is considered confidential if the Commissioning party has indicated this or if this results from the nature of the information. The contractor ensures that this obligation is also imposed on any employees or third parties engaged by him for an assignment.
- Conversations, sessions and other contacts that take place in any form between the Contractor and Client are considered to be strictly confidential. The Contractor will therefore not make any statement to anyone, including the Commissioning party, about the content and the course of these contacts, unless the Client 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 supplied to the Commissioning party and / or Client or – within the framework of this Agreement – products used, including but not limited to tests, readers, reports, models, training materials and computer programs.
- The Commissioning party and / or Client may / may not use these products to which the Contractor is entitled with regard to intellectual property rights, other than for the purpose of this assignment, without the express written permission of the Contractor.
- The Contractor is entitled to use the knowledge acquired through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties and provided that this cannot be traced back to individual Commissioning partys or Clients.
Article 8 Fee and costs
- The Contractor’s fee consists of a predetermined fixed amount per Agreement or Service provided unless otherwise expressly agreed and / or can be calculated on the basis of rates per unit of time worked by the Contractor.
- All fees are exclusive of government levies such as sales tax (BVT.W.) as well as exclusive travel and other expenses incurred for the benefit of the Commissioning party, including but not limited to declarations from third parties engaged.
- The Contractor may request the Commissioning party to pay a reasonable advance in connection with fees that the Commissioning party owes or will owe and / or expenses that must be incurred for the Commissioning party. If a reasonable advance has been requested by the Contractor, the Contractor has the right to suspend the execution of the work until the Commissioning party has paid the deposit to the Contractor or has provided security for this.
- The Contractor reserves the right to adjust the agreed fees annually in consultation with the Commissioning party due to a change in the general price index and due to measures imposed by the government.
Article 9 Payment
- Payment must be made within 14 days after the invoice date, in a manner to be specified by the Contractor. Payment will be made without deduction, settlement or suspension for whatever reason.
- After the expiration of 14 days after the invoice date, the Commissioning party is in default. From the moment of default, the Commissioning party owes the Contractor a default interest on the due amount equal to the statutory interest.
- In the event there are several Commissioning partys, each Commissioning party is jointly and severally liable vis-à-vis the Contractor for the payment of the total invoice amount in the event that the work has been carried out for all of these Commissioning partys.
- Payments made by the Commissioning party always serve to settle in the first place all interest and costs owed, and in the second place to due and payable invoices that have been outstanding the longest, even if the Commissioning party states that the payment relates to a later invoice.
Article 10 Collection costs
- If the Contractor takes collection measures against the Commissioning party, which is in default, the costs related to that collection will be borne by the Commissioning party, which costs will be set at least 15% of the outstanding invoices.
These costs include the costs of any collection agencies, bailiffs and / or lawyers that may be involved.
Article 11 Liability
- The Contractor is only liable vis-à-vis the Commissioning party and / or Client for damage as a result of a serious attributable shortcoming in the performance of the Agreement. This is the case if the Contractor does not take the required care and expertise into account in the performance of the Agreement.
- If the Contractor would be liable for damage suffered by the Commissioning party or Client, its liability will be limited to the amount that is paid out under the professional liability insurance or other liability insurance taken out by the Contractor, plus the deductible applicable to the Commissioning party, whereby the total of these amounts is limited to the maximum amount of the insurance. A copy of the policy with terms and conditions of the professional liability insurance will be sent by the Contractor upon request.
- If, for whatever reason, no insurance payment is made, the liability of the Contractor towards the Commissioning party and / or Client is limited to the fee of the assignment to which the liability relates, with a maximum of € 5,000.
- Contractor is not obliged to compensate for indirect damage suffered by Commissioning party or Client, including but not limited to consequential damage, lost profit and damage due to business interruption.
- The Contractor will take the necessary care into account when engaging third parties (such as advisers, experts or service providers) who do not work in its organization. The Contractor is not liable for serious shortcomings towards the Commissioning party or Client or for any errors or shortcomings of these third parties. In such a case, the Commissioning party is obliged to hold the third parties engaged liable and to recover any damage suffered from these third parties.
- The Contractor is not liable for damage suffered by the Commissioning party or Client, of any nature whatsoever, if the Contractor relied on incorrect and / or incomplete data provided by the Commissioning party in the performance of its assignment, unless this incorrectness or incompleteness was clearly known or should have been known to the Contractor. to be.
- Contractor or coaches or third parties to be engaged by him, who are charged with coaching coaches, will not give or use any means, methods, techniques or instructions or create situations that limit the ability of Client or adversely affect observation, analysis and assessing injury to the Client, in whatever form. If Client should sustain any injury, the Contractor or the coaches or third parties to be engaged by him will not be liable in any way for this.
- The Commissioning party indemnifies the Contractor against all claims (such as claims and legal claims) of third parties that are related to the execution of the Agreement between the Commissioning party and the Contractor, unless it concerns claims resulting from serious shortcomings of the Contractor.
- If the Commissioning party and / or Client has not submitted any claim against the Contractor within 1 year after discovering the damage, this legal claim will lapse after the end of the year.
Article 12 Cancellation conditions
- Cancellation by the Commissioning party must be done by registered letter.
- In the event of cancellation by the Commissioning party of training and related activities within 5 working days before the start of the activities concerned, the Commissioning party must pay 100% of the costs of the canceled hours or the agreed principal sum and in the event of cancellation longer than within 5 working days for this, the Commissioning party is 50% of the costs of the canceled hours or the agreed principal sum due.
- In the event of cancellation by the Commissioning party of Coaching and other counseling processes within 24 hours before the start of the relevant activity, the Commissioning party owes 100% of the costs of the canceled hours or the agreed principal sum, between 24 and 48 hours before the start of the activities 50% of these costs and if canceled more than 48 hours before the start of these activities a maximum of 25%.
- The Commissioning party owes 100% of the total agreed principal sum if, even without canceling, it does not use the agreed services of the Contractor.
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 thereof to the Commissioning party, if the Commissioning party fails to pay the invoice sent by the Contractor, within 14 days after a written warning.
- The Contractor is entitled to terminate the Agreement, with immediate effect, without judicial intervention by means of a registered written notification thereof to the Commissioning party, if any obligation arising from this Agreement is not or not properly complied with within 14 days after a written warning.
- Both the Commissioning party and the Contractor can terminate the Agreement with immediate effect by means of a registered letter if the other party is in suspension of payment or has been declared bankrupt.
Article 14 Dispute Resolution
- Dutch law applies to all Agreements and legal acts between the Commissioning party and the Contractor.
- If the Contractor and the Commissioning party and / or Client have a dispute arising from this agreement, they are first obliged to try to resolve this dispute in consultation and, if this fails, to use mediation.
- If consultation and / or mediation does not lead to a resolution of the dispute, the competent legal authority where the Contractor is established is exclusively authorized to take cognizance of the dispute.
Hart & Ziel Coaching is registered with the Chamber of Commerce under number 58448802.