Terms and Conditions

Article 1 – Definitions and applicability

In these general terms and conditions the following definitions apply:

Contractor: personal coach and trainer at home Anka Diaz-Verloop registered in the trade register under number:………., who uses these general terms and conditions for offering services. Client: the person or body that instructs the contractor to performance of services. Coachee: the person who uses one of the services offered by the contractor. The client and the coachee can, but do not have to, be the same. Unless otherwise agreed in writing, these general terms and conditions apply to all offers and agreements of the contractor. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing. The applicability of any 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

Quotations from the contractor are based on information provided by the client. All quotations and offers from the contractor are without obligation, unless expressly stated otherwise in the offer. Quotations are valid until the date stated in the quotation. After this date, no rights can be derived from the underlying quotation. Unless otherwise stated in a quotation, the quoted prices for private individuals and companies are exclusive 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 (a part of) the quotation contains an obvious mistake or typo.

Article 3 - Establishment and performance of agreement

An agreement between the contractor and a client is concluded by offer and acceptance.

An order is granted by the signed return of a quotation issued by the contractor, or by agreeing to a quotation sent digitally by the contractor. The agreement is also deemed to have been concluded in accordance with the quotation issued by the contractor, as soon as the actual services provided by the contractor have started. The agreement concluded with the contractor leads to an obligation of best efforts for the contractor, not to an obligation to achieve results. The contractor is obliged to carry out the work to be carried out by it to the best of its knowledge and ability, in accordance with the requirements of good workmanship. In some cases, the contractor provides its services (partly) with the help of third parties engaged by it. If there is force majeure, as a result of which compliance with the agreement cannot reasonably be required of the contractor, the execution of the agreement will be suspended, to be fulfilled at a later date, or the agreement will be terminated, all without any obligation to pay compensation.

Article 4 – Information provided by the client

The client is obliged to provide all personal data requested by the contractor. The contractor will only ask for information that is necessary for the execution of the agreement. If changes occur in the client's specified data after the conclusion of the agreement, this must be communicated to the contractor. The contractor is not responsible for the consequences of the client not receiving information due to incorrect (address) details.

Article 5 – Payment

Payment must be made within the period stated on the invoice, in a manner to be specified by the contractor, unless otherwise agreed. If no term has been agreed, payment must be made within 14 days after the invoice date. If the client fails to pay the invoice on time, he will be in default immediately and without notice of default. The client then owes statutory interest to the contractor. In that case, the contractor may decide to suspend services to the client or terminate the agreement with immediate effect. The contractor will inform the client in writing of any intention to suspend the services or terminate the agreement. Objections to the amount of the invoice do not suspend the client's payment obligation. All matters involved in the collection (other than ) legal costs will be borne by the client. Unless otherwise agreed in writing, the client is the one who is obliged to pay the agreed price for the contractor's services.

Article 6 – Cancellation/termination of the agreement

The contractor has the right to cancel a coaching session, coaching program, workshop or training without giving any reason, or to refuse the participation of a client or client, or to refuse the coachee designated by the client, in which cases the client is entitled to a refund of the full amount paid by the contractor to the contractor. Cancellation by the client can be done free of charge up to 4 weeks before the start of a coaching process, workshop or training. If cancellation is not made, the client is obliged to pay the total amount of the coaching process, coaching session, workshop or training. In the event that the client or the client terminates participation after the start of the coaching process or training or otherwise does not participate, the client has no right to any refund, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise. An individual coaching session can be canceled or moved free of charge up to 24 hours before the start. The contractor always strives to continue or move appointments to another time. If cancellation is made within 24 hours, the contractor is entitled to charge the previously agreed price. The contractor has the right to terminate the agreement with immediate effect and without judicial intervention, if the client fails to fulfill the obligations arising from the agreement. , including the obligations set out in these terms and conditions, unless the client, after receiving written notice, still fulfills his obligations within 14 days after sending this notice.

Article 7 – Liability and risk

The contractor accepts no liability towards the client arising as a result of a shortcoming or tort attributable to the contractor. If the contractor is liable for any damage, then liability is limited to a maximum of the amount of the total compensation for an assignment given. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the contractor or its subordinates. If damage to persons or property is caused 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 liability insurance taken out by the contractor, including the deductible borne by the contractor in connection with that insurance.

Article 8 – Force majeure

The contractor is not obliged to fulfill any obligation towards the client if it is prevented from doing so by force majeure. The contractor can suspend the obligations under the agreement during the period that the force majeure lasts. If this period lasts longer than two months, both parties are entitled to terminate the agreement, without obligation to compensate the other party for damages. Work performed by the contractor before the force majeure commenced may be invoiced to the client.

Article 9 – Intellectual property and user rights

All intellectual property rights relating to the materials provided by the contractor, such as training, programs, documents, etc., remain the property of the contractor, unless otherwise agreed. The client/coachee has a non-exclusive, non-transferable and non-sublicensable right to use the materials provided for personal use, only within the framework of the agreed services. The client/coachee is not permitted to reproduce, adapt, distribute, make public or use the materials provided for commercial purposes without the express written permission of the coach. The client/coachee is fully responsible for compliance with intellectual property rights and that the contractor/coach is not liable for any violation of intellectual property by the client/coachee. The violation of the provisions with regard to intellectual property and usage rights may lead to termination of the agreement and/or legal action by the contractor/coach.

Article 10 – Complaints procedure

Any complaints about services provided by the contractor must be communicated to the contractor in writing and with reasons within 8 days after delivery. Failing this, the client is deemed to agree with the services provided. Submitting a complaint does not release the client from his payment obligation.

Article 11 – Final provision

If a provision in these general terms and conditions is void or is annulled, the other provisions of these general terms and conditions remain fully applicable. To replace the void or voided provision, the contractor and the client will agree on a new provision in consultation. The purpose and scope of the original provision will be taken into account as much as possible. Dutch law applies to the agreement between the contractor and the client. These conditions remain in force if the contractor changes name, legal form or owner.

Privacy regulations

In order to carry out the assignment as well as possible, the contractor keeps a record of personal and administrative data. To guarantee clients and coachees that their privacy is protected and their data is handled carefully, the contractor applies privacy regulations.

Article 1 – Personal data

The personal data provided by the client to the contractor are personal data within the meaning of the Personal Data Protection Act (Wbp). The contractor is responsible for ensuring that these personal data are processed in accordance with the Wbp and in a proper and careful manner. The personal data provided by the client are exclusively intended for the purpose for which they were transferred and issued. This concerns data with which the contractor can carry out the assignment, data with which the contractor can keep the financial administration and data with which the contractor can make contact with the client. The client can request access to his personal data and for improvement, addition or modification of this information.

Article 2 – Confidentiality

The contractor treats all information about individual coachees confidentially and ensures that this information is not disclosed to third parties. This can only be deviated from in emergencies where the life of the coachee himself or others is or threatens to be endangered. The contractor ensures that this confidentiality obligation is also observed by any third parties engaged in the performance of its work.

Article 3 – Retention period

The personal data will not be kept longer than is necessary to carry out the assignment, unless otherwise agreed with the coachee. These general terms and conditions have been drawn up by Facere Coaching, registered with the Chamber of Commerce under number......