General terms and conditions Serire Coaching | Vision Coaching
Article 1: Definitions The following definitions apply in these terms and conditions:
Contractor: Coach Danielle Dijkstra | Serire | Vision coaching
Client: Coachee and / or employer
Services: all work that has been commissioned, or that results from, or is directly related to, the assignment in the broadest sense of the word.
Agreement: any agreement between coachee and coach for the provision of services by coach for the benefit of coachee. Coachee: the natural person who participates in a coaching process in the field of coaching, training or related activities for which he is not the client.
Article 2: Applicability of these conditions
a) These general terms and conditions apply to all quotations and agreements whereby services are offered or supplied by the contractor in the context of his profession.
b) 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.
c) These general terms and conditions also apply to additional assignments and follow-up assignments from the client.
Article 3: Applicable regulations The contractor performs the services in accordance with the Code of Ethics.
Article 4: Execution of the Agreement Each agreement leads to an obligation of best efforts for the contractor, not to an obligation of result, whereby the contractor is obliged to comply with his best efforts obligation to the standards of care and professionalism according to the standards and guidelines of the Noboc as they apply at the time of the execution of the agreement.
Article 5: Confidentiality
a) The contractor is subject to any obligation imposed on him by the law or a competent governmental body to disclose certain data, to secrecy towards third parties of all confidential information that he has from the client or from another source within the framework of the Contract obtained. 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 third parties that it engages in an assignment.
b) Conversations, sessions and other contacts that take place in any form between the contractor and the cochee are considered to be strictly confidential. The contractor will therefore not make any statement to anyone, including the client, about the content and the course of these contacts unless the coachee has given explicit permission for this.
Article 6: Fee and costs The fee of the contractor consists of a predetermined amount per contract 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.
Article 7: Payment
a) Payment must be made within 14 days after the invoice date or contact.
b) After the expiry of 14 days after the invoice date, the client is in default. From the moment of being in default, the client owes the contractor a default interest on the due amount equal to the statutory interest.
c) If there are several clients, each client is jointly and severally liable towards the contractor for payment of the total invoice amount if the work has been carried out for all of these clients.
d) Payments made by the client always serve to settle in the first place all interest and costs owed, and in the second place to claim invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice .
Article 8: Collection costs In the event that 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 15% of the outstanding invoices. These costs include the costs of any collection agencies, bailiffs and / or lawyers that may be involved.
Article 9: Liability
a) The contractor is only liable vis-à-vis the client and / or coachee for damage as a result of shortcomings in the execution of the agreement caused by intent or gross negligence on the part of the contractor.
b) If the contractor would be liable for damage suffered by the client or coachee, then its liability is limited to the amount that is paid out in the appropriate case under the corporate liability insurance or other liability insurance taken out by the contractor, plus any deductible applicable to the client, the total of these amounts is limited to a maximum amount of 5,000 euros.
c) 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 5,000 euros.
d) If an event occurs unexpectedly in the performance of the agreement that leads to liability, the liability of the contractor will be limited to the fee for the assignment.
e) The contractor is never obliged to pay for indirect damage suffered by the client, including but not limited to consequential damage, lost profit and business stagnation.
f) When engaging third parties not working in its organization (including advisers, experts or service providers), the Contractor will exercise due care. However, the contractor is not liable for errors or shortcomings of these third parties.
g) 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. 8. Any claims from the client as referred to in this article must be submitted within six months of discovering the damage, failing which the client has processed his rights.
Article 10: Personal data By entering into an agreement with the contractor, the contractor is granted permission for automatic processing of the personal data obtained from the agreement. The contractor will only use this personal data for its own activities.
Article 11: Cancellation conditions
a) The Client must cancel training courses by registered letter. Cancellation by the client of coaching must be done by telephone or in writing (possibly by email).
b) Unless otherwise agreed in writing, the client must pay 100% of the costs of the canceled hours and / or the agreed principal sum if the client cancels training and related activities within 5 working days before the start of the activities concerned and, if canceled, longer than the client owes 50% of the costs of the canceled hours or the agreed principal sum within 5 working days.
c) In the event of cancellation by the client(s) of coaching. If you are unable to come to your appointment due to circumstances, I ask you to let us know by email or app at least 2 days in advance. In case of cancellation 1 day before the appointment, 50% of the standard rate will be charged. If cancelled on the day itself, the full rate will be charged.
Article 12: Termination of the Agreement
a) The contractor is entitled to terminate the agreement with immediate effect, without judicial intervention, by means of a registered written notification thereof to the client, if the client 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.