General terms and conditions and Privacy
Article 1 - Definitions and applicability
In these general terms and conditions, the following definitions shall apply:
Contractor: Coach and trainer Marieke Schnoing-Gels, Marykeighcoaching registered in the trade register under number: 87093154, who uses these general terms and conditions for offering services.
Client: the person or body who orders the contractor to perform services.
Client: the person who uses one of the services offered by the contractor.
The client and the customer may, but need not, be the same.
Unless otherwise agreed in writing, these general conditions shall apply to all offers and agreements of the contractor.
Any deviations from these general terms and conditions shall be valid only if expressly agreed in writing.
The applicability of any terms and conditions of the client is expressly rejected by the contractor, unless they have been expressly accepted in writing by the contractor.
No rights can be derived from the tacit non-application of these general terms and conditions.
Article 2 - Quotations and offers
Offers of the contractor are based on information provided by the principal.
All quotations and offers of the contractor are without obligation, unless the offer expressly states otherwise.
Offers are valid up to the date mentioned on the offer. After this date, no rights can be derived from the underlying offer.
Unless otherwise indicated in a quotation, the prices quoted for companies are exclusive of VAT and private clients are inclusive of VAT.
Quotations do not automatically apply to future assignments.
The contractor cannot be held to a quotation if the client can reasonably understand that (part of) the quotation contains an obvious mistake or clerical error.
Article 3 - Conclusion and fulfillment of agreement
An agreement between the contractor and a client is established by offer and acceptance.
An order is granted by the signed return of an offer issued by the contractor, or by approval of an offer sent digitally by the contractor.
The agreement shall also be deemed to have been concluded in accordance with the offer made by the contractor as soon as the contractor begins the actual provision of services.
The agreement concluded with the contractor leads to an obligation to perform to the best of one's ability, not to an obligation to produce results.
The contractor is obliged to perform the work to be carried out by it to the best of its knowledge and ability, in accordance with the requirements of good craftsmanship.
In some cases the contractor shall perform its services (partly) with the aid of third parties engaged by it.
In the event of force majeure, as a result of which performance of the agreement cannot reasonably be required of the contractor, the performance of the agreement shall be suspended in order to be performed at a later date or the agreement shall be terminated, all without any obligation to pay compensation.
Article 4 - Provision of information by the principal
The principal shall be obliged to supply all personal data requested by the contractor. The contractor will only ask for data that are necessary for the execution of the agreement. If, after the conclusion of the agreement, changes occur in the data provided by the client, this must be communicated to the contractor.
The Translator is not responsible for the consequences of not having received information from the Client due to incorrect (address or birth) details.
Article 5 - Payment
Payment shall be made within the period indicated on the invoice, in a manner to be indicated by the Translator, unless otherwise agreed. If no term has been agreed, payment shall be made within 14 days of the invoice date.
If the client fails to pay the invoice on time, he shall be in default immediately and without notice of default. The client shall then owe statutory interest to the contractor. In that case the contractor may decide to suspend the services to the client or to terminate the agreement with immediate effect. The contractor shall notify the client in writing of any intention to suspend the services or terminate the agreement.
Objections to the amount of the invoice shall not suspend the client's payment obligation.
All judicial and extrajudicial costs involved in the collection shall be borne by the client.
Unless otherwise agreed in writing, the client is the one liable to pay the agreed price for the services of the contractor.
Article 6 - Cancellation/termination of the agreement
The contractor shall be entitled, without giving reasons, to cancel a coaching session, coaching programme, workshop or training course or to refuse the participation of a client or customer, or to refuse the coachee or student designated by the client, in which cases the client shall be entitled to reimbursement of the full amount paid by him to the contractor.
Cancellation by the client can be done free of charge up to 6 weeks before the start of a coaching programme, workshop or training course. If not cancelled, the client is obliged to pay the total amount of the coaching process, the coaching session, workshop or training.
If the client or the client, after commencement of the coaching process or training, terminates the participation prematurely or does not participate in any other way, the client is not entitled to any reimbursement, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
An individual coaching session can be cancelled or rescheduled free of charge up to 24 hours before the start. The contracted party will always endeavour to make appointments or to reschedule them. If a session is cancelled within 24 hours, the contracted party will be entitled to charge the price previously agreed.
The contractor shall be entitled to terminate the agreement with immediate effect and without judicial intervention if the client fails to fulfil his obligations arising from the agreement, including the obligations laid down in these terms and conditions, unless the client, after having been reminded in writing, fulfils his obligations within 14 days of this reminder being sent.
Article 7 - Liability and risk
The Translator accepts no liability whatsoever towards the Client as a result of a shortcoming attributable to the Translator or a wrongful act.
If the contractor should be liable for any damage, the liability shall be limited to a maximum of the amount of the total fee for an assignment given.
The limitations of liability included in this article shall not apply if the damage is due to intent or gross negligence on the part of the contractor.
Article 8: Force majeure
The contractor shall not be obliged to fulfil any obligation towards the client if prevented from doing so by force majeure. The contractor may suspend its obligations under the agreement during the period of force majeure. If this period lasts longer than two months, both parties shall be entitled to dissolve the agreement without any obligation to pay compensation to the other party. Work performed by the contractor before the force majeure occurred may be invoiced to the client.
Article 9 - Intellectual property and user rights
The copyright and any other intellectual property rights shall remain vested in the contractor. All documents produced and/or supplied by the contractor, such as reports, advice, calculations, etc., are exclusively intended for use by the principal and may not, without the prior consent of the contractor, be reproduced, made public or implemented by parties other than the contractor, unless expressly agreed otherwise or unless the nature of the documents supplied dictates otherwise.
Article 10 - Complaints procedure
Any complaints about services provided by Contractor shall be made to Contractor in writing, stating reasons, within 8 days of delivery. Failing this, the client shall be deemed to have approved the services provided. The submission of a complaint does not relieve the client of his obligation to pay.
Article 11 - final provision
If any provision of these general terms and conditions is invalid or may be annulled, the remaining provisions of these general terms and conditions shall continue to apply in full. To replace the void or voided provision, the commissionee and the client will agree on a new provision in consultation. In doing so, the purpose and meaning of the original provision will be taken into account as much as possible.
The agreement between the Translator and the Client is governed by Dutch law.
These conditions will remain in force if the contractor changes its name, legal form or owner.
In order to be able to carry out the assignment in the best possible way, the contractor will keep a record of personal and administrative data. In order to guarantee to clients and customers that their privacy is protected and their data are handled with care, the contractor maintains privacy regulations.
Article 1 - Personal data
The personal data provided by the client to the contractor are personal data in the sense of the Personal Data Protection Act (Wbp). The contractor is responsible for ensuring that this personal data is processed in accordance with the Wbp and in a proper and careful manner.
The personal data provided by the client is intended solely for the purpose for which it was transferred and issued. This concerns data with which the contractor can execute the order, data with which the contractor can keep the financial records and data with which the contractor can make contact with the client.
The principal may request access to his personal data and the improvement, supplementation or amendment of these data.
Article 2 - Secrecy
The contractor shall treat all information about individual clients as confidential and shall ensure that this information is not disclosed to third parties. Only in emergencies where the client's own life or the life of others is in danger or is likely to become endangered, may this be deviated from.
The contractor shall ensure that this duty of confidentiality is also observed by any third parties engaged in the performance of its work.
Article 3 - Storage period
Personal data will not be kept longer than necessary for the execution of the order, unless otherwise agreed with the client.