General terms and conditions Coaching Nederland b.v.

Article 1. Definitions
1. In these general terms and conditions the following terms have the following meanings:
§ CN: The professional who operates under the name of Coaching Nederland.
§ The client: The legal entity that issues the assignment
§ The agreement: the agreements between the client and the CN.

Article 2. Applicability of these conditions
1. These conditions apply to every offer and every agreement between the CN and the client to which the parties have declared these conditions applicable, insofar as the parties have not deviated from these conditions expressly and in writing.
2. The present terms and conditions also apply to all agreements with CN for the implementation of which third parties must be involved.

Article 3. Offers
1. The quotations made by CN are without obligation; they are valid for 30 days, unless stated otherwise. CN is only bound by the offers if their acceptance is confirmed in writing by the other party within 30 days.
2. The client has a reflection period of 14 days. This means that the client can withdraw a signed order confirmation (quotation) within 14 days, without additional costs.
3. The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise.
4. Offers are based on the information available at the CN and / or its associate (s).

Article 4. Assignments and cancellation
1. A quotation becomes an assignment as soon as the quotation has been confirmed.
2A. If an assignment, or part thereof, is withdrawn within 24 hours before the start of its execution, the client will be charged 100% of the time and costs reserved for the execution.
2B. If an assignment, or part thereof, is withdrawn within two days (48 hours) before the start of its execution, the client will be charged 50% of the time and costs reserved for the execution.
2C. If an assignment, or part thereof, is withdrawn within one week before the start of its execution, the preparatory work that was necessary for the execution of the assignment will be charged to the client.

Article 5. Implementation of an agreement for guidance
1. The CN will execute the agreement in accordance with the guidelines and rules of conduct of the Dutch Association of Professional Coaches (NOBCO) and to the best of its knowledge, ability and in accordance with the requirements of good workmanship.
2. If and insofar as required for the proper execution of the agreement, CN has the right to have certain activities performed by third parties. This will always be done in consultation with the client.
3. The client will ensure that all information of which CN indicates that it is necessary or of which the client should reasonably understand that it is necessary for the performance of the agreement is provided to CN in a timely manner. If the information required for the execution of the agreement has not been provided to CN on time, CN has the right to suspend the execution of the agreement and / or to charge the additional costs resulting from the delay to the client according to the usual rates. .
4. The contractor is not liable for damage, of whatever nature, due to the fact that CN has assumed incorrect and / or incomplete information provided by the client, unless it should have been aware of this inaccuracy or incompleteness.

Article 6. Duration of the contract; execution time
1. The agreement is entered into for an indefinite period of time unless the parties explicitly agree otherwise in writing;

Article 7. Amendments to 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 good time and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be affected. CN will inform the client of this as soon as possible.
3. If the change or addition to the agreement has financial and / or qualitative consequences, CN will inform the client about this in advance.
4. If a fixed fee has been agreed, CN will indicate to what extent the change or supplement to the agreement will result in this fee being exceeded.
5. Contrary to paragraph 3, CN will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to it.

Article 8. Confidentiality
1. The parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
2. The assignment will not be referred to externally by the CN without the client’s consent.

Article 9. Intellectual property
Without prejudice to the provisions of article 7 of these terms and conditions, the CN reserves the rights and powers it is entitled to under the Copyright Act.
2. All documents provided by CN, such as exercises, tests, reports, assessments, sketches, drawings, software, etc., are exclusively intended to be used by the client and may not be reproduced by him without the prior consent of CN. made, or brought to the attention of third parties.
3. CN also reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.

Article 10. Cancellation
1. Both parties can terminate 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 1 month.

Article 11. Dissolution of the agreement
1. The claims of CN against the client are immediately due and payable in the following cases:
§ if after the conclusion of the agreement, the CN becomes aware of circumstances that give the contractor good reason to fear that the client will not fulfill its obligations;
§ if the CN has asked the client to provide security for compliance when concluding the agreement and this security is not provided or is insufficient.
2. In the aforementioned cases, CN is entitled to suspend the further execution of the agreement or to proceed to dissolve the agreement, all this without prejudice to the right of the contractor to claim compensation.

Article 12. Defects, complaint periods
1. Complaints about the work performed must be reported to CN in writing by the client within 8 days after discovery, but no later than 14 days after completion of the work in question.
2. Coaching Nederland will confirm this within 8 days after receipt of the complaint, stating the contact person. Furthermore, the complaint will be dealt with as quickly as possible and will be treated in confidence.
3. If a complaint is well-founded, CN will still perform the work as agreed; unless this has meanwhile become demonstrably pointless for the client. The latter must be made known in writing by the client.
4. If it is no longer possible or useful to provide the agreed services as yet, CN will only be liable within the limits of Article 16.
5. In case of disputes, the complainant can turn to the independent complaints committee of the NOBCO (www.nobco.nl). Coaching Nederland submits to their complaints procedure.

Article 13. Fee
1A .. Paragraphs 2, 5 and 6 of this article apply to offers and agreements in which a fixed fee is offered or agreed.
1B. If no fixed fee is agreed, paragraphs 3 to 6 of this article apply.
2. The parties can agree on a fixed fee when the agreement is concluded. The fixed fee is exclusive of VAT.
3. If no fixed fee is agreed, the fee will be determined on the basis of the hours actually spent. The fee is calculated according to CN’s usual hourly rates, applicable for the period in which the work is performed, unless a deviating hourly rate has been agreed.
4. Any cost estimates are exclusive of VAT.
5. The costs due will be charged monthly.
6. If CN agrees on a fixed fee or hourly rate with the client, CN is nevertheless entitled to increase this fee or rate. The CN may pass on price increases if the contractor can demonstrate that significant price changes have occurred between the time of the offer and delivery in respect of, for example, wages and / or comparable market rates.

Article 14. Payments
1. Payment must be made within 14 days of the invoice date, in a manner to be indicated by the contractor and in the currency in which the invoice is made, unless otherwise agreed.
2. After the expiry of 14 days after the invoice date, the client is in default; from the moment of default, the client owes interest of 1% per month on the amount due.
3. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of the CN and the obligations of the client towards the contractor will be immediately due and payable.
4. Payments made by the client always serve to settle in the first place all interest and costs owed, in the second place of due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
5. In the case of reimbursement of amounts credited by CN, a payment term of a maximum of 30 days will be applied.

Article 15. Collection costs
1. If the client is in default or fails to fulfill one or more of its obligations, all reasonable costs incurred in obtaining settlement out of court will be for the account of the client. In any case, the client owes:
. on the first Euro 3,000, – 15%
. on the excess up to Euro 6,000 10%
. on the excess up to Euro 15,000 8%
. on the excess up to Euro 60,000 5%
. on the excess 3%
2. If CN demonstrates that it has incurred higher costs, which were reasonably necessary, these will also qualify for reimbursement.

Article 16. Liability
If CN is liable, that liability is limited as follows:
1. CN’s liability is limited to the invoice value of the order, or at least that part of the order to which the liability relates.
2. Contrary to the provisions of paragraph 1 of this article above, in the case of an assignment with a duration longer than six months, the liability is further limited to the invoice amount due over the last six months.
3. The limitations of liability included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of CN or its subordinates.
4. CN is never liable for consequential damage.

Article 17. Force majeure
1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which CN cannot exert influence, but as a result of which CN is unable to fulfill its obligations. come. This includes strikes in the company of CN.
2. CN also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after CN should have fulfilled its obligation.
3. During force majeure, CN’s obligations are suspended. If the period in which fulfillment of the obligations by CN is not possible due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement without there being an obligation to pay compensation in that case.
4. If the CN has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already executed or executable part and the client is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already performed or executable part has no independent value.

Article 18. Processing of data.
1. CN, responsible within the meaning of the Wbp, is responsible for and entitled to (digitally) process the personal data, which are collected in the context of the services referred to in these general terms and conditions, or at least subject it to its direct authority. processed and ensures that any processors comply with applicable laws and regulations.
2. CN only provides data to executing professionals if an agreement of confidentiality has been signed with this and only in the context of the execution of an assignment. The foregoing does not affect the fact that data can sometimes be traced back to an individual person by consulting public registers and social media.
3. The processing purposes referred to by the CN in this article have been reported to the Dutch Data Protection Authority. The report can be consulted at the College Bescherming Persoonsgegevens.

Article 19. Complaints and Dispute Settlement
1. For the handling of complaints, we refer to our complaints handling procedure, which can be read at www.coaching.nl/klachtenafhandling.
2. The CN and the client agree to handle disputes in accordance with the NOBCO complaints procedure.
3. If no settlement is reached in accordance with this arrangement, disputes arising from this agreement, or further agreements thereof, or legal relationships arising therefrom, will be submitted to the court in Haarlem in the first instance, to the exclusion of others.

Article 20. Applicable law
1. Dutch law applies to every agreement between the contractor and the client.
2. The nullification or voidability of any provision of this agreement does not affect the validity of the other.

Article 21. Changes to the conditions
The version that applied at the time of the realization of this assignment is always applicable.
Coaching Netherlands – Van den Vondellaan 78 – 1985 BD Driehuis – Chamber of Commerce 34369441