Terms and Conditions
Evelien van Es Business & Life Coaching
J. de Regtstraat 9, 3604 DW Maarssen
contact@evelienvanes.com
KvK 30253113
VAT Id: NL001654814B30
Terms and Conditions
1. Definitions
In these terms and conditions of delivery, and in the agreements to which they apply, the following terms shall have the following meanings:
Provider: Evelien van Es Business & Life Coaching established in Maarssen;
Client: The natural or legal person acting in the course of a profession or business who purchases a specific service or product from the Provider, or who participates in a (coaching) program;
Agreement: The agreement for the provision of services or the sale of products between the Provider and the Client, as well as all further actions between the Provider and the Client relating to the sale and delivery of services or products, including offers and registration procedures, and including these terms and conditions applicable to the agreements;
Products and Services: The products and/or services sold and delivered, or to be sold and delivered, by the Provider to the Client, either online or otherwise, such as training, coaching, and books;
Program: A program offered by the Provider consisting of various components, such as training and/or coaching, delivered over a longer period, as further described by the Provider;
Online Course: A course or training selected by the Client from the Provider’s online offerings, to be followed via an online platform.
2. Applicability
2.1 These terms and conditions of delivery apply, to the exclusion of any terms and conditions of third parties, to all agreements for the delivery of products and services by the Provider to the Client;
2.2 Deviating terms and conditions shall only apply if and insofar as they have been expressly accepted in writing by the Provider, and shall only apply to the specific agreement for which they were agreed;
2.3 Amendments to and additions to any provision of the agreement shall only be valid if recorded in writing and signed by both parties;
2.4 The term ‘in writing’ in relation to communication between the Provider and the Client also includes electronic communication (including email). The Provider’s electronic system shall be considered the sole evidence of the content and the time of receipt and dispatch of such electronic communication;
2.5 The Provider’s offer is exclusively directed at Clients acting in the course of a profession or business.
3. Formation of the Agreement
3.1 The agreement for participation in a program and/or coaching trajectory is concluded upon written confirmation by the Provider of the program and/or coaching trajectory agreed upon with the Client, followed by written confirmation thereof by the Client;
3.2 In the case of an online program and/or training, the Provider shall inform the prospective Client as soon as possible by email, sent to the email address provided by the relevant party, whether or not they have been accepted into the program and/or training;
3.3 As long as the notification referred to in Article 3.2 has not taken place, no agreement for participation in a program shall be deemed to exist, and the Client may cancel the registration;
3.4 The agreement for participation in an online course is concluded through the Client’s digital registration, in accordance with the specified registration conditions, aimed at establishing an agreement for participation in an online course;
3.5 The agreement for the purchase of a product or service is concluded through the Client’s electronic acceptance of the (online) offer made by the Provider and compliance with the conditions set forth therein, or through the purchase and payment of a physical product (such as a book).
4. Prices
4.1 The prices stated by the Provider are exclusive of VAT, as well as exclusive of any other taxes, duties, or charges payable in connection with the performance of the agreement, unless explicitly stated otherwise;
4.2 Most EU-based businesses are not charged VAT, as the VAT is reverse-charged. However, Dutch VAT is charged to private individuals both within and outside the EU;
4.3 Travel and accommodation expenses related to attending parts of a program on location, as well as the costs of recommended literature, printed materials, and other necessary support materials, are not included in the program prices unless expressly agreed otherwise. The Provider may charge such costs separately.
5. Payment and Invoicing
5.1 The Client must pay all amounts due, including VAT, no later than on the agreed payment dates or within the agreed payment terms. The Client is not entitled to suspend any payment obligations, not even in the event of complaints;
5.2 If advance payment is required for the delivery of services or products, the Client shall not be entitled to claim delivery until full payment of the amount due has been made to the Provider;
5.3 The Provider shall issue invoices to the Client for services rendered or (in the case of advance payment) yet to be delivered, and, if desired, also for products (such as books);
5.4 The Provider is entitled to send invoices electronically to the email address provided by the Client;
5.5 Unless a different payment term has been agreed, invoices must be paid within 10 days of the invoice date;
5.6 Payment must be made net into the Provider’s bank account, without any discount, deduction, or set-off. The value date indicated on the Provider’s bank statements shall be considered the date of payment;
5.7 If the Client fails to pay the full amount due within the agreed payment term or by the agreed payment date, the Client shall be in default by operation of law, without any notice of default being required. From the day the Client is in default until the day of full payment, the Client shall owe default interest of 1.5% per month (or part thereof) on the amount due, with any part of a month being considered a full month. This is without prejudice to the Provider’s right to claim full compensation for damages under the law;
5.8 Complaints regarding invoices must be submitted to the Provider in writing by letter or email no later than 7 days after the invoice date. Failing that, invoices are deemed to be accepted and approved by the Client, and no further complaints will be accepted in this regard;
5.9 No refunds will be issued after the purchase and payment of physical products, such as books.
6. Client Obligations During the Execution of a Program
6.1 The Client must ensure the accurate and complete provision of information requested by the Provider and/or essential for the training or coaching;
6.2 Each Client is bound by the provisions set out in the agreement (including these terms and conditions);
6.3 The Client guarantees compliance with the provisions of the agreement (including these terms and conditions of delivery) that apply, in whole or in part, to Clients;
6.4 The components of a program must be completed within the period specified in the program’s informational materials;
6.5 The Client is expected to maintain a cooperative attitude and engage in the training/coaching with a positive mindset.
7. Provider’s Rights Regarding the Execution of a Program
7.1. Provider is entitled
a. to make interim changes to the content of a program for reasons of quality improvement;
b. to determine the group size for training sessions and coaching sessions within a program;
c. to change the scheduling of program components with respect to location or time;
d. to decide which trainer/coach will deliver a training or coaching session, and to replace a trainer/coach if necessary;
e. to cancel a program in its entirety prior to commencement due to insufficient registrations or for other reasons at its sole discretion. Accepted Clients will be informed of such cancellation, without the Provider being required to state reasons. In such case, any payment obligations lapse and/or payments already made will be refunded;
f. to refuse or discontinue a Client’s participation at any time, at its own discretion. The Client concerned will be informed of such refusal, without the Provider being required to state reasons. In such a case, any payment obligations lapse and any payments already made will be refunded on a pro-rata basis for services not yet received.
8. Cancellation by and Absence of the Client in a Program
8.1 The Client has the right to cancel their participation and to terminate an agreement concerning participation in a program;
8.2 Cancellation of participation in a program and/or coaching trajectory, or termination of the agreement, must be made by the Client via a registered letter sent to the Provider’s address as listed on the Provider’s website;
8.3 In the event of cancellation by the Client, the Provider is not obliged to refund any amounts already paid, and the Client remains fully liable to pay any outstanding instalments to the Provider;
8.4 The provisions of Articles 8.1 and 8.2 are without prejudice to the Client’s right to cancel participation in a multi-day program if, during the first day, the Client determines that the content does not correspond with what was explicitly offered in advance. The Client must inform the Provider of this before 12:00 noon on the first day of the program, and confirm this in writing no later than the following day. Any advance payments, less the non-refundable deposit, will be refunded within 14 working days, provided that all received course materials are returned. No refund will be made if a replacement participant is designated in accordance with Article 8.5;
8.5 In the event of cancellation of participation in a program, the Client is entitled to nominate another person to take their place within 7 working days after cancellation. Acceptance of the replacement participant is at the sole discretion of the Provider;
8.6 Cancellation of an online program agreement is not possible after the agreement has been concluded;
8.7 Rescheduling of planned one-on-one sessions within a program is at the sole discretion of the Provider. Missed sessions cannot be made up and do not result in any modification (reduction) of the Client’s (payment) obligations.
9. Early Termination of a Program by the Provider
9.1 The Provider reserves the right to cancel a program at any time without stating a reason. In such a case, the Client is entitled to a refund of any amounts paid, minus the amounts due for services already rendered.
10. Liability
10.1 The Provider shall perform her training and coaching services to the best of her knowledge and abilities. However, the final result also depends on factors beyond the Provider’s control. The Provider does not offer any guarantee regarding the outcome of the services provided;
10.2 With regard to the delivery of products, the Provider’s liability is limited to the possible replacement of the product or a refund of the amount paid by the Client in the event of a defective delivery;
10.3 The Provider shall not be liable to the Client(s) for any damage resulting from any failure to fulfil her obligations, or for damage directly or indirectly arising from the execution of an agreement, unless such damage is due to intent or willful recklessness on the part of the Provider;
10.4 The Provider shall not be liable for any damage resulting from errors or omissions by third parties or assistants engaged by the Provider in the execution of services;
10.5 The Provider shall not be liable for damage resulting from any failure by the Client(s) to comply with the obligations set out in Article 6, nor for any consequential damage arising from the implementation within the Client’s organization of documents or plans created during the program, such as action plans;
10.6 If and insofar as the Provider is found liable on any legal grounds, such liability shall at all times be limited to direct damages and to the amount paid out under the Provider’s liability insurance that covers the relevant damage and results in a payout;
10.7 Aside from the case described in Article 10.6, the Provider’s liability is in any event limited to the amount charged for the performance that caused the damage;
10.8 The Client shall never hold the Provider’s staff personally liable in connection with an agreement;
10.9 Any claim against the Provider, except for one that has been expressly acknowledged by the Provider, shall expire by the mere lapse of 12 months from the date on which the claim arose;
10.10 The Provider’s employees may invoke all defenses arising from the agreement against the Client, as if they were themselves party to the agreement..
11. Force Majeure
11.1 If the Provider is prevented from performing the agreement, either wholly or partially, due to force majeure – whether permanent or temporary – and regardless of whether the force majeure could have been foreseen, the Provider shall be entitled, without any obligation to pay compensation, to terminate the agreement in whole or in part by means of a written notice, without judicial intervention. This is without prejudice to the Provider’s right to payment by the Client for services already rendered prior to the force majeure event, or to suspend the (further) execution of the agreement in whole or in part;
11.2 The Provider shall inform the Client of the force majeure situation as soon as reasonably possible. If possible, the parties will consult to seek a solution, such as rescheduling planned activities in the event of illness of a trainer;
11.3 If performance becomes permanently impossible, the agreement may be terminated for the part that has not yet been fulfilled. In such case, neither party shall be entitled to compensation for any damages resulting from the termination;
11.4 Force majeure includes all circumstances that temporarily or permanently prevent the Provider from fulfilling her obligations, such as illness or death of a trainer, civil unrest, war, power outages, computer failures, internet disruptions, (mobile) phone malfunctions, and any other circumstances in which it would be unreasonable to expect the Provider to continue fulfilling her obligations toward the Client.
12. Execution by Third Parties
12.1 The Provider is entitled to engage third parties for the execution of an agreement.
13. Confidentiality
13.1 The Provider shall not disclose any substantive information received from the Client in the context of executing an agreement, unless otherwise agreed or if disclosure is required by law or regulation;
13.2 The Client is obliged to maintain the confidentiality of all confidential information obtained in the context of executing an agreement related to a program of the Provider or of other program participants. Information is considered confidential if it has been designated as such by the Provider or by other participants, or if this follows from the nature of the information. In case of doubt, the information shall be considered confidential.
14. Intellectual Property Rights
14.1 he intellectual property rights to trainings, programs, (online) documents, brochures, handouts, presentations, exercises, recordings, offers, content on the Provider’s website, e-zines, emails, models, techniques, other materials and information resulting from the Provider’s work, as well as any software used, developed or provided by the Provider, are held by the Provider or her licensors, unless another rights holder is indicated for a specific work;
14.2 The intellectual property rights and copyrights relating to the materials mentioned in Article 14.1 are not transferred under the agreement, unless expressly agreed otherwise in writing;
14.3 Without prior written consent from the Provider, it is not permitted to edit, reproduce, or publish in whole or in part any material provided by the Provider, as referred to in Article 14.1, through any medium whatsoever, except for internal use by the Client within the scope of the Agreement;
14.4 It is not permitted to remove or alter any indication of rights contained in the information provided by the Provider.
15. Suspension and Termination
15.1 If:
a. the Client fails to meet, fails to meet on time, or fails to fully meet its payment obligations toward the Provider;
b. the Client files for bankruptcy, is declared bankrupt, or applies for suspension of payments;
c. a decision is made and/or action is taken to liquidate the Client or to terminate the Client’s business activities;
d. the Client, even after being given notice of default with a reasonable term to comply, still fails to meet its obligations toward the Provider, then the Client shall be deemed in default by operation of law. The Provider shall have the right to terminate the agreement in whole or in part with immediate effect, to refuse the Client’s (further) participation in a program, or to suspend the fulfillment of its obligations (delivery of services), without prejudice to any other rights the Provider may have under the law. In such case, the Provider shall not be required to refund any amounts already paid or to pay any compensation, and shall remain entitled to any outstanding payments due under the agreement, which shall become immediately payable as a result of the default;
15.2 Upon termination of the agreement, those provisions which by their nature are intended to remain in effect shall continue to apply, including but not limited to provisions relating to confidentiality and intellectual property.
16. Personal Data
16.1 The Provider treats personal data received in the context of the agreement with the Client as strictly confidential and in accordance with applicable privacy laws and regulations (GDPR);
16.2 The Provider includes the Client’s company name, personal name, address, email address, and telephone number in a customer database. This information is used for the execution of the agreement and may also be used – provided the Client has given explicit consent – for sending newsletters, tips, blogs, and offers regarding other trainings, events, programs, and products offered by the Provider;
16.3 The Client has the right to withdraw their consent for the processing of personal data at any time, after which the Provider will no longer process the data for informational purposes. Withdrawal of consent does not affect the lawfulness of data processing based on the Client’s prior consent before its withdrawal;
16.4 The Client also has the right to access and rectify their personal data. To access this data, the Client may submit a written access request to the Provider.
17. Mediation Clause
17.1 In the event of any disputes arising from the agreement signed by the parties, or from agreements derived therefrom, the parties shall first attempt to resolve the dispute through mediation, in accordance with the Regulations of the Mediators Federation of the Netherlands (Mediators Federatie Nederland), based in Rotterdam, as in effect on the start date of the mediation;
17.2 As long as the mediation has not been concluded, neither party shall submit the dispute to a court of law, except solely to preserve legal rights;
17.3 Both parties shall attend the first mediation session together. Thereafter, either party may choose to terminate the mediation at any time. The mediation formally commences when the parties attend the first joint mediation session;
17.4 If it proves impossible to resolve the dispute through mediation, the dispute shall be submitted to the competent court in the District Court of Utrecht.
18. Applicable Law and Jurisdiction
18.1 All agreements entered into by the parties shall be governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention of 1980) shall not apply;
18.2 All disputes arising from such agreements shall be submitted exclusively to the competent court in the district in which the Provider is established.
19. Amendments
19.1 The Provider reserves the right to amend these general terms and conditions. The Client shall be deemed to have accepted the relevant amendments if no written objection is received within 14 days after the Provider has notified the Client of the intended amendments.