GENERAL TERMS AND CONDITIONS
General Terms and Conditions for the provision of services
Article 1. Definitions
1. The following definitions apply in these general terms and conditions:
Contractor: JustB, personally represented by Bernice Feller-Thijm, who uses these general terms and conditions for offering services;
Client: the person, company or authority that gives the order for the work;
Services: all products and services delivered by the contractor to the client. Coachee: the person who participates in a guidance, advice or coaching process, the latter if he or she is not the client himself/herself.
Article 2. Applicability of these conditions
1. These general terms and conditions apply to all offers and agreements under which the contractor offers or provides services. Deviations from these conditions are only valid if they have been explicitly agreed in writing;
2. Not only the contractor but also all persons or companies involved in the execution of any assignment for the client can invoke these general terms and conditions;
3. These general terms and conditions also apply to additional assignments and follow-up assignments from the client;
4. Any purchase or other general terms and conditions of the client do not apply, unless these have been explicitly accepted in writing by the contractor.
Article 3. Offers
1. The offers made by the contractor are free of obligation; they are valid for 30 days, unless stated otherwise. The contractor is only bound by the offers if the acceptance thereof is confirmed by the other party in writing or by e-mail within 30 days;
2. The prices in the quotations mentioned are exclusive of VAT and exclusive of travel costs, unless stated otherwise;
3. Offers are based on the information available to the contractor.
4. If the offer is accepted and returned signed, 50% of the total amount will be invoiced prior to the start of the assignment. The remaining 50% will be invoiced halfway through the assignment.
Article 4. Execution of the agreement
1. Agreements concluded with the contractor lead to an obligation of best efforts from the contractor, not to an obligation of result, whereby the contractor is obliged to fulfil its obligations in such a way that standards of care and expertise can be demanded according to the standards of the moment of compliance of the contractor . The Contractor will comply with the NOBCO guidelines and rules of conduct to the best of her knowledge and ability;
2. If and insofar as the proper execution of the agreement requires, the contractor has the right to have certain work done by third parties. This will always be done in consultation with the client;
3. The client ensures that all data, which the contractor indicates to be necessary or which the client should reasonably understand to be necessary for the execution of the agreement, is provided to the contractor in a timely manner. If the information required for the implementation of the agreement is not 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 extra costs resulting from the delay in accordance with the usual rates;
4. The contractor is not liable for damage of whatever nature caused by the fact that the contractor relied on incorrect and / or incomplete data provided by the client, unless she should have been aware of this inaccuracy or incompleteness.
Article 5. Contract duration and cancellation
1. If the agreement concluded between the parties relates to the same performance being provided more than once, it shall be deemed to have been entered into for an indefinite period of time, unless explicitly agreed otherwise in writing;
2. Both parties can cancel the agreement in writing at any time. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 3 months.
Article 6. Amendment of the agreement
1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in consultation;
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. The contractor will inform the client of this as soon as possible;
3. If a change or supplement to the agreement has financial and / or qualitative consequences, the contractor will inform the client about this in advance;
4. If a fixed fee has been agreed upon, the contractor will indicate to what extent the change or supplement to the agreement will result in this fee being exceeded.
Article 7. Confidentiality
1. The parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement. Information is considered confidential if this is communicated by the other party or if this results from the nature of the information;
2. Contractor will not refer externally to the assignment without the consent of the client.
Article 8. Intellectual property
1. Insofar as Authors', trademarks, designs, trade name, or other intellectual property rights are placed on the services provided by the contractor for the execution of the agreement, the contractor is and remains the holder or owner of these rights. The client may only use the physical bearers of these rights for the purpose for which they were provided to the client, do not multiply them and do not change or remove any author, brand, model, trade name and other designations;
2. The contractor retains the right to use the knowledge gained during the execution of the work for other purposes, provided that no confidential information is disclosed to third parties.
Article 9. Payment
1. Payment must be made within 30 days after the invoice date, unless otherwise agreed in writing, in a manner to be indicated by the contractor in the currency in which the invoice was made. Payment will be made without deduction, compensation or suspension for whatever reason;
2. If the client has not paid the amounts due by the due date, he will automatically be in default, without further notice of default being required. In the event of payment default by the client, the contractor is entitled to cease or suspend all work to be performed for the client with immediate effect, without she being able to become liable to the client in any way for this;
3. In the event of payment default, the client also owes default interest on the outstanding claims equal to the statutory interest;
4. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of the contractor and the obligations of the client towards the contractor will be immediately due and payable;
5. Payments made by the client will first of all be used to settle all interest and costs owed, and secondly to claim invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice;
6. If the contractor is required to do more than the usual effort to implement the agreement, the contractor may require payment (or equivalent security) before commencement of its work.
Article 10. Collection costs
1. In the event that the contractor decides for her justifiable reason to collect a claim for non-payment of one or more unpaid invoices by judicial means, the client is also obliged to reimburse all reasonably incurred judicial and extrajudicial costs in addition to the principal and interest due. This will always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if these exceed the legal costs to be allocated. The reimbursement of judicial and extrajudicial costs incurred is at least 15% of the principal sum due.
Article 11. Liability
1. The contractor does not accept any liability whatsoever for damage caused by or in connection with services provided by it, unless the client demonstrates that the damage was caused by intent or gross negligence on the part of the contractor;
2. The liability of the contractor is limited to the invoice value of the assignment, at least that part of the assignment to which the liability relates;
3. Contrary to what is stipulated in paragraph 2 of this article, for an assignment with a duration of more than six months, the liability is further limited to the invoice amount due over the last six months;
4. If damage is caused to persons or goods by or in connection with the performance of services by the contractor or otherwise, for which the contractor is liable, that liability will be limited to the amount of the payment under the general liability insurance taken out by the contractor, including the deductible that the contractor bears in connection with that insurance;
5. Any liability of the contractor for business damage or other indirect damage or consequential damage, of any nature whatsoever, is expressly excluded.
Article 12. Cancellation / termination of the agreement
1. The contractor has the right to cancel a course, training, coaching or coaching process or to refuse the participation of a client or to refuse the coachee designated by the client, in which cases the client is entitled to reimbursement of the full amount paid for this to the contractor;
2. The client for a course, training, guidance or coaching program has the right to cancel participation in or the assignment for a course, training, guidance or coaching program by registered letter;
3. Cancellation of the assignment by the client can take place free of charge up to 2 weeks before the start of the course, training, guidance or coaching process. In the event of non-cancellation, the client is obliged to pay the total amount of the course, training, guidance or coaching process;
4. In the event of cancellation within 2 weeks up to and including 1 week before the start of the course, training, supervision or coaching process, the contractor is entitled to charge 50% of the amount due and, in the event of cancellation within one week, the full amount;
5. In the event that the client or the coachee designated by the client terminates the participation prematurely after the start of the course, training, coaching or coaching process or otherwise does not participate in it, the client is not entitled to any reimbursement, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise;
6. An individual counseling or coaching session can be canceled or rescheduled free of charge up to 48 hours before the start of the session. In the event of cancellation or relocation within 48 hours, the contractor is entitled to charge the full rate that has been agreed for the session with a minimum of 95 euros. If the client or the designated coachee does not appear on the planned session, the same rates will apply;
7. If one of the parties fails in the fulfilment of its obligations and after being explicitly pointed out by the other party, does not fulfil this obligation within a reasonable period of time, the other party is entitled to terminate the agreement without the terminating party owing some compensation to the short coming party. The services delivered until the termination are paid in the agreed manner.
Article 13. Personal data
1. 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. For more information, see the Privacy Statement.
Article 14. Dispute Resolution
1. Dutch law applies to every agreement between the contractor and the client;
2. Disputes arising from agreements to which these conditions apply and which do not fall within the competence of the subdistrict court judge, will be submitted to the competent court of the district in which the contractor is established.