General Conditions Coaching
Article 1: Definitions
The following definitions apply in these terms and conditions:
Contractor: The legal person on behalf of which the coach offers services in the field of coaching or related activities under application of these general terms and conditions.
Client: The natural or legal person who has instructed the Contractor to provide services in the field of coaching or related activities.
Coachee: The natural person who participates in a coaching process in the field of coaching or related activities.
Services: All coaching activities that have been commissioned, or that result from or are directly related to the assignment, all 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.
Article 2: Applicability of these conditions
- These general terms and conditions apply to all quotations, order confirmations and agreements whereby services are offered or supplied by the Contractor.
- 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 Client and the Contractor.
- Any purchase or other general terms and conditions of the Client do not apply, unless the Contractor has explicitly accepted these in writing.
- If one or more provisions of these terms and conditions are void or should be destroyed, the remaining provisions of these terms and conditions remain fully applicable. The Client and the Contractor 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 purport of the original provision.
Article 3: Offers and conclusion 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 Client 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 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 confirms its accuracy not disputed in writing within ten working days or – if that period is shorter – before the start of the work.
- An agreement with a natural person as a client can also be concluded if, at the request of that natural person, a conversation has been held with or on behalf of the Contractor, on the basis of which the parties agree on a counseling process and that is followed by sending by the Contractor of an invoice.
Article 4: 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, he has the right – in consultation with the Client – to have certain work carried out by third parties or to be assisted by third parties.
- The Client shall ensure that all data, which the Contractor indicates to be necessary for the performance of the agreement, is provided to the Contractor in a proper, complete and timely manner. 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 performance of the agreement and / or to charge the Client the additional costs resulting from the delay in accordance with the usual rates. 4. 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. Client can therefore not terminate the agreement and is therefore not entitled to compensation. If the agreed period is exceeded, the Client may set a new, reasonable period within which the Contractor must execute the Agreement. Exceeding this new term can provide a ground for the Client to terminate the agreement.
- Business Clients purchase the services in advance. These can be used for 2 years from the date of acceptance of the offer.
- When the Contractor is instructed to fulfill an assignment or part thereof in cooperation with a third party, the Client 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 5: Confidentiality and Privacy
- Conversations between the Contractor and the coachee are considered strictly confidential. Information is considered confidential if the Client 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. The Contractor will therefore not make any statement to anyone, including the Client, about the content and the course of these conversations, unless the coachee has given permission for this.
- Both during and after the Agreement (s) with the Client expire, the Contractor will keep all data and knowledge of the Client provided under the agreement (s) with the Client secret and handle it with care, subject to any obligation who imposes the law or an authorized government body on him to disclose certain information.
Article 6: Intellectual property
- Contractor is entitled to the intellectual property rights with regard to services and products provided by him – in the context of the Agreement – to Client and / or coachee or used in the context of the agreement, including but not limited to testing, readers, reports, models, exercise materials and computer programs.
- Client and / or coachee may / may not use these services and / or products to which Contractor is entitled with regard to intellectual property rights, other than for the purpose of this assignment, without the express written permission of Contractor.
- The contractor is entitled to use the knowledge acquired through the execution 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 clients or coachees.
Article 7: Fee and costs
- The Contractor’s fee, unless explicitly agreed otherwise, 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 are exclusive of government levies such as sales tax (VAT), as well as exclusive travel and other expenses incurred for the benefit of the Client, including but not limited to declarations from engaged third parties.
- The Contractor may request the Client to pay a reasonable advance in connection with the fees that the Client owes or will owe and / or expenses that must be incurred for the Client. If a reasonable advance has been requested by the Contractor, the Contractor has the right to suspend the execution of the work until the Client has paid the advance to the Contractor.
- The contractor reserves the right to adjust the agreed fees annually due to changes in the general price index and due to possible measures imposed by the government.
- The contractor makes a distinction between rates for business and private clients. The standard rates of the Contractor are the business rates. The Contractor may decide, where appropriate, to charge the private rate to a private client / natural person under the strict condition that the Client finances the service from its own resources.
Article 8: Payment
- Payment must be made within 30 days after the invoice date for a business client and within 10 days after the invoice date for a private client, in a manner to be specified by the Contractor. Payment will be made without deduction, settlement or suspension for whatever reason.
- The Client will be in default after the payment period has expired. From the moment of default to the Contractor, the Client owes a default interest on the due amount equal to the statutory interest, to be increased with administration costs that amount to 10% of the outstanding invoices.
- If there are several clients, each Client 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 the benefit of all these Clients.
- Payments made by the Client 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 Client states that the payment relates to a later / different invoice.
Article 9: Collection costs
If the Contractor takes collection measures against the Client that is in default, the costs related to that collection will be borne by the Client, which costs will be set at least 10% of the outstanding invoices. These costs include the costs of any collection agencies, bailiffs and / or lawyers that may be involved.
Article 10: Liability
- The Contractor is only liable vis-à-vis the Client and / or coachee 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, for whatever reason, no insurance payment is made, the liability of the Contractor towards the Client and / or coachee is limited to the fee of the assignment to which the liability relates, with a maximum of € 1,000.
- The Contractor is not obliged to pay for indirect damage suffered by the Client or the coachee, including but not limited to consequential damage, lost profit and damage due to business interruption.
- When engaging third parties (such as advisors, experts or service providers) who are not employed by his organization, the Contractor will exercise due care. 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 third parties engaged liable and to recover any damage suffered from these third parties.
- The Contractor is not liable for damage suffered by the Client or the coachee, of any nature whatsoever, if the Contractor used incorrect and / or incomplete data provided by the Client in the performance of his assignment, unless this incorrectness or incompleteness is clearly apparent to the Contractor. was or ought to be.
- The contractor or coaches to be engaged by him or third parties who are charged with guiding coachees will not give or use any means, methods, techniques or instructions or allow situations to arise that limit the ability of the coachee or adversely affect the observation , analyzing and assessing damage to the coachee, in whatever form. If the coachee should suffer any damage, the Contractor or the 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 claims and legal claims) of third parties that are related to the execution of the agreement between the Client and the Contractor, unless it concerns claims resulting from serious shortcomings of the Contractor. 8. If the Client and / or the coachee has not submitted any claim against the Contractor within one year after discovering the damage, this legal claim will lapse after the end of the year.
Article 11: Cancellation conditions
- The work referred to in the context of the agreement is deemed to start on the date of acceptance by the Contractor – which is done by signing it – from the quotation received from the Contractor. Apart from this, the parties can agree on a different starting date, but then this date must be explicitly and separately agreed by the parties in writing.
- The client owes 100% of the total agreed principal sum if he – even without cancellation – does not use the agreed services of the Contractor.
- Cancellation of a single coaching conversation by the coachee must take place – irrespective of the reason for cancellation – at least 24 hours in advance, with acknowledgment of receipt by the coach leading. In the event of cancellation within 24 hours, the costs in question will be deducted from the credit on the budget (with a business client) or invoiced (with a private client).
Article 12: Termination of the Agreement
- The Contractor is entitled to terminate the agreement with immediate effect, without judicial intervention, by giving written notice to the Client if the Client fails to pay an invoice sent by the Contractor within 14 days after a written warning.
- The Contractor is entitled to terminate the Agreement with immediate effect and without judicial intervention by means of a written notification to the Client if any obligation arising from the agreement is not or not properly complied with within 14 days after a written warning.
- Both the Client and the Contractor may terminate the agreement in writing with immediate effect if the other party comes into suspension of payment or has been declared bankrupt.
Article 13: Dispute Resolution
- All agreements between the Client and the Contractor are governed by Dutch law.
- If the Contractor and the Client or Coachee 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. A mediator will be appointed in mutual consultation. The costs of the mediator will be borne by the parties in half.
- If consultation and / or mediation does not lead to a resolution of the dispute, the competent legal authority in the district where the Contractor is established is exclusively authorized to take cognizance of the dispute.