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General Terms & Conditions

GENERAL TERMS AND CONDITIONS

 

KIM VAN DER FELTZ EMPOWERMENT & LEADERSHIP

 

Article 1: Definitions

In these General Terms and Conditions, the following definitions apply:

  • Contractor: Ms. K. van der Feltz, LL.M. (Mr. K. van der Feltz), providing services in the fields of coaching, training, facilitation, or related activities under application of these General Terms and Conditions.

  • Client: The client(s) who have provided an oral or written instruction to the Contractor to provide Services in the fields of coaching, facilitation, training, or related activities.

  • Services: All activities commissioned, or resulting from, or directly related to the assignment, in the broadest sense of the word.

  • Agreement: Any arrangement between the Client and the Contractor for the provision of Services by the Contractor for the benefit of the Client.

 

 

Article 2: Applicability of These Terms

  • These General Terms and Conditions apply to all offers, quotes, and agreements under which the Contractor offers or delivers Services within the scope of her profession.

  • Deviations from these terms are only valid if explicitly agreed upon in writing between the Client and the Contractor.

  • Any purchasing or other general terms and conditions of the Client do not apply unless explicitly accepted in writing by the Contractor.

  • If any provision in these terms is void or annulled, the remaining provisions remain fully effective. Parties will consult to replace the invalid provision with a new one that matches the purpose of the original text as closely as possible.

  • These terms also apply to supplementary and follow-up assignments from the Client.

 

 

Article 3: Offers, Quotes, and Formation of the Agreement

  • All quotes made by the Contractor are non-binding and valid for 30 days unless stated otherwise. The Contractor is only bound if acceptance is confirmed in writing by the Client without reservations or changes within that period.

  • Prices listed in quotes are exclusive of VAT (BTW) unless explicitly stated otherwise.

  • The Agreement is formed upon written acceptance of the quote by the Client. Alternatively, an Agreement is formed if the Contractor confirms an arrangement in writing and the Client does not dispute it within 10 business days (or before the start of work, whichever is shorter).

  • Changes to an assignment are only binding if confirmed in writing by the Contractor.

  • Right of Withdrawal: The Client has the right to dissolve the Agreement without giving reasons within 14 calendar days of its formation. However, the Client must reimburse the Contractor for any costs already incurred during this period.

 

Article 4: Execution of the Agreement

  • Every Agreement creates a best-efforts obligation (inspanningsverplichting) for the Contractor. The Contractor will perform her duties to the best of her ability, with due care, and professional expertise.

  • The Contractor has the right—in consultation with the Client—to have specific tasks performed by third parties or to seek assistance from third parties if deemed necessary or useful.

  • The Client ensures all data requested by the Contractor for the execution of the agreement is provided accurately, completely, and on time. If data is delayed, the Contractor may suspend execution and charge extra costs at standard rates caused by the delay.

 

Article 5: Cancellation of the Agreement (Programs)

  • Cancellation of a full program by the Client is free of charge up to 30 calendar days before the scheduled start date.

  • Cancellation between 7 and 30 calendar days before the start date will result in a charge of 50% of the total agreed costs.

  • Cancellation within 7 calendar days before the start date will result in a charge of 100% of the total agreed costs.

  • Force Majeure: If a program cannot take place on the agreed date due to force majeure on the part of the Contractor, a new date will be set in mutual consultation. All other agreements remain in force. The Contractor cannot be held liable for any damages or costs arising from this date change.

  • If the Contractor must cancel the program entirely, the Client will be notified immediately, and the Contractor will fully refund any amounts already paid by the Client.

 

Article 6: Confidentiality

  • The Contractor is bound to absolute third-party confidentiality regarding all confidential information obtained through the Agreement, unless a legal or statutory obligation dictates disclosure.

  • Information is confidential if stated by the Client or if it arises from the nature of the information, excluding data already in the public domain. The Contractor enforces this obligation on any hired third parties.

  • All conversations, coaching sessions, and interactions between the Contractor and Client are strictly confidential. No content or progress details will be shared with anyone without the explicit permission of the Client.

 

Article 7: Fees and Costs

  • Unless agreed otherwise in writing, fees are calculated based on hourly/unit rates multiplied by the time units worked by the Contractor.

  • All fees are exclusive of government levies such as VAT (BTW), travel expenses, and other out-of-pocket expenses incurred for the Client (including third-party invoices).

  • For long-term Agreements, the Contractor reserves the right to adjust fees annually in consultation with the Client based on the general price index and government measures.

  • Session Postponement: Individual sessions can be rescheduled or canceled. No fee is charged if the session is canceled or moved at least 2 business days (48 hours) in advance. Cancellations within 48 hours will be charged at the full rate.

 

Article 8: Payment and Default

  • Payment must be made within 14 days of the invoice date in the manner specified by the Contractor. Payments must be made without deduction, set-off (verrekening), or suspension for any reason.

  • If payment is not received within 14 days, the Client is automatically in default (verzuim). From that moment on, the Client owes statutory interest (wettelijke rente) on the outstanding amount.

  • Joint and Several Liability: If an assignment is commissioned by multiple Clients, every individual Client is jointly and severally liable (hoofdelijk aansprakelijk) for the full invoice amount.

  • Allocation of Payments: Payments made by the Client will always be applied first to settle outstanding interest and collection costs, and secondly to settle the oldest outstanding principal invoices.

  • Collection Costs: If the Client remains in default, all extrajudicial collection costs (buitengerechtelijke kosten) incurred by the Contractor to secure payment will be charged entirely to the Client in accordance with Dutch law.

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