Translation of General terms and conditions Krijgsman Coaching
GENERAL TERMS AND CONDITIONS
Article 1: Definitions
In these general terms and conditions, the following terms are defined:
Service Provider: Krijgsman Coaching (hereinafter KC). The natural or legal person on whose behalf the Coach provides services in the field of coaching, training, or related activities under these general terms and conditions.
Client: The natural or legal person who has given an assignment to the Service Provider for the provision of services in the field of coaching, training, or related activities.
Coach: Jan-Willem Krijgsman
Coachee: The natural person participating in a guidance program in the field of coaching, training, or related activities.
Services: All activities for which an assignment is given or arising from, or directly related to the assignment, in the broadest sense.
Agreement: Any agreement between the Client and the Service Provider for the provision of services by the Service Provider to the Client.
NOBCO: The Dutch Order of Professional Coaches Foundation.
Article 2: Applicability of these Conditions
These general terms and conditions apply to all quotations and agreements in which the Service Provider offers or delivers services in the context of his profession. These general terms and conditions also apply to any Agreement in which third parties are involved in the execution by the Service Provider. Deviations from these general terms and conditions are only valid if and insofar as they have been agreed upon in writing between the Client and the Service Provider. Any purchasing or other general terms and conditions of the Client are not applicable unless explicitly accepted in writing by the Service Provider. If one or more provisions of these general terms and conditions are void or are annulled, the remaining provisions of these general terms and conditions remain fully applicable. The Client and the Service Provider will then consult to agree on a new provision to replace the void or annulled provision, as much as possible in line with the purpose and intent of the original provision. These general terms and conditions also apply to additional assignments and follow-up assignments from the Client.
Article 3: Applicable Codes of Conduct and Regulations
The Service Provider performs the Services in accordance with the "NOBCO Ethical Code" or the professional rules that replace it, and considers itself bound by the Complaints Regulation of the NOBCO or the professional rules and disciplinary law that replace it. The applicable codes of conduct and regulations can be found on the NOBCO website: https://www.nobco.nl/aanbod-voor-coaches/internationale-ethische-code-iec
Article 4: Quotations and Conclusion of the Agreement
All quotations made by the Service Provider are non-binding and are valid for 30 days unless otherwise stated. The Service Provider is only bound by an offer if its acceptance is confirmed by the Client within the specified validity period without reservation or modification. The prices in the quotations are exclusive of VAT unless expressly stated otherwise. The Agreement is concluded by the Client's acceptance of the quotation as referred to in the last sentence of paragraph 1. An Agreement is also concluded if the Service Provider confirms an agreement made between the Client and the Service Provider in writing, and the Client does not dispute its accuracy within ten working days or – if that period is shorter – before the start of the activities.
Article 5: Execution of the Agreement
Each Agreement obliges the Service Provider to make an effort to fulfill its obligations to the best of its ability, with due care and expertise, in accordance with the standards and guidelines of the NOBCO applicable at the time of the execution of the Agreement. In all cases where the Service Provider deems it useful or necessary, it has the right to have certain work performed by third parties or to be assisted by third parties, in consultation with the Client. The Client ensures that all data, which the Service Provider indicates as necessary for the execution of the agreement, are provided to the Service Provider properly, completely, and in a timely manner. If the data required for the execution of the Agreement are not provided to the Service Provider in a timely manner, the Service Provider has the right to suspend the execution of the Agreement and/or charge the Client the additional costs resulting from the delay according to the usual rates. If a deadline has been agreed for the completion of certain activities by the Service Provider, this is not a strict deadline unless expressly agreed otherwise. Exceeding the agreed deadline does not constitute a attributable failure by the Service Provider. For this reason, the Client cannot terminate the Agreement, and the Client has no right to compensation. In case of exceeding the agreed deadline, the Client can set a new, reasonable deadline within which the Service Provider must perform the Agreement. Exceeding this new deadline may provide grounds for termination of the Agreement by the Client. When the Service Provider is instructed to fulfill an assignment or part of it in collaboration with a third party, the Client, in consultation with all parties involved, will determine each person's task. The Service Provider does not accept joint liability, nor liability for the performance of the task and the associated activities of the third party in such a case.
Article 6: Confidentiality
Except for any legal obligation or obligation imposed by a competent government authority to disclose certain information, the Service Provider is obliged to maintain confidentiality towards third parties regarding all confidential information obtained from the Client or from other sources in the context of the Agreement. Information is considered confidential if disclosed by the Client or if it arises from the nature of the information. The Service Provider ensures that this obligation is also imposed on any employees or third parties engaged by him in connection with an assignment. Conversations, sessions, and other contacts between the Service Provider and the Coachee in any form are considered strictly confidential. The Service Provider will not disclose any information about the content and course of these contacts to anyone, including the Client, unless the Coachee has expressly given permission for this.
Article 7: Intellectual Property
The Service Provider is the holder of the intellectual property rights with regard to the products provided or used by her in the context of the Agreement, including but not limited to tests, readers, reports, models, training materials, and computer programs. The Client may not use these products, on which the Service Provider holds the intellectual property rights, without the explicit written permission of the Service Provider, other than for the purpose of this assignment. The Service Provider is entitled to use the knowledge obtained through the execution of the work for other purposes, provided that no confidential information is disclosed to third parties and it cannot be traced back to individual Clients or Coachees.
Article 8: Fee and Costs
The fee of the Service Provider consists, unless expressly agreed otherwise, of a predetermined fixed amount per Agreement or per service delivered, and/or can be calculated based on rates per time unit worked by the Service Provider. All fees are exclusive of government levies such as VAT (B.T.W.), as well as exclusive of travel and other expenses incurred for the benefit of the Client, including but not limited to invoices from third parties engaged. The Service Provider may request the Client to pay a reasonable advance payment for fees owed or to be owed and/or expenses to be incurred for the benefit of the Client. If a reasonable advance has been requested, the Service Provider has the right to suspend the execution of the work until the Client has paid the advance to the Service Provider or has provided security for it. The Service Provider reserves the right, in consultation with the Client, to adjust the agreed fees annually due to changes 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 specified by the Service Provider. Payment will take place without deduction, setoff, or suspension for any reason whatsoever. After 14 days have passed since the invoice date, the Client is in default. From the moment of default, the Client owes the Service Provider default interest on the amount due, equal to the legal interest rate. In the event of multiple Clients, each Client is jointly and severally liable towards the Service Provider for the payment of the total invoice amount if the work has been carried out for all these Clients. Payments made by the Client are always intended to settle first all due interest and costs, and secondly the payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.
Article 10: Collection Costs
If the Service Provider takes collection measures against a defaulting Client, the costs associated with that collection are borne by the Client, which costs are set at a minimum of 15% of the outstanding invoices. These costs include the costs of any debt collection agencies, bailiffs, and/or lawyers that may be engaged.
Article 11: Liability
The Service Provider is only liable to the Client and/or Coachee for damages resulting from a serious attributable failure in the execution of the Agreement. This is the case if the Service Provider does not observe the required care and expertise in the execution of the Agreement. If the Service Provider would be liable for damage suffered by the Client or Coachee, its liability is limited to the amount that is paid in the relevant case under the professional liability insurance or other liability insurance taken out by the Service Provider, increased by the applicable deductible for the Service Provider, with the total of these amounts being 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 Service Provider upon request. If, for any reason, no insurance payout takes place, the liability of the Service Provider 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. The Service Provider is not obliged to compensate indirect damages suffered by the Client or Coachee, including but not limited to consequential damages, loss of profit, and damages resulting from business interruption. The Service Provider will exercise due care when involving third parties not employed in his organization (such as advisors, experts, or service providers) in providing the services. The Service Provider is not liable for serious failures to 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 engaged third parties liable for any damages suffered. The Service Provider is not liable for damages suffered by the Client or Coachee of any kind if the Service Provider, in the execution of her assignment, has relied on incorrect and/or incomplete data provided by the Client, unless this inaccuracy or incompleteness was clearly apparent to the Service Provider or should have been.
Article 12: Cancellation Conditions
Cancellation by the Client must be done in writing by registered mail. In the event of cancellation by the Client of coaching or training and related activities within 2 working days before the start of the activities, the Client must pay 100% of the costs of the canceled hours or of the agreed principal sum. For cancellations between 5 and 2 working days before this, the Client owes 50% of the costs of the canceled hours or of the agreed principal sum. The Client is liable for 100% of the total agreed principal sum if he, even without canceling, does not use the agreed services of the Service Provider.
Article 13: Termination of the Agreement
The Service Provider is entitled to terminate the Agreement, with immediate effect and without judicial intervention, by sending a registered written notice to the Client if the Client fails to pay the invoice sent by the Service Provider within 14 days after a written reminder. The Service Provider is entitled to terminate the Agreement, with immediate effect and without judicial intervention, by sending a registered written notice to the Client if any obligation arising from this Agreement is not or not properly fulfilled within 14 days after a written reminder. Both the Client and the Service Provider can terminate the Agreement with immediate effect by sending a registered letter if the other party is granted a suspension of payments or declared bankrupt.