TERMS AND CONDITIONS

In these general terms and conditions and the agreements to which they have been declared applicable, the following terms have the following meaning:

contractor : Meesterlijk Ondernemen, Chamber of Commerce no.: 74512099, who uses these general terms and conditions for the provision of services;

client: the person or company that issues the assignment for the services and for whose account the costs are incurred, regardless of who actually participates in a process or the performance of the service;

parties : client and contractor;

agreement : the agreement for the provision of services or purchase of products between the contractor and the client and all further actions between the contractor and the client regarding the sale and delivery of services or products, including offers and registration procedures and including these general terms and conditions applicable to the agreement ;

services : all products and services to be sold and delivered by the contractor to the client, including coaching, (online) training and other forms of guidance and/or advice, as well as all other activities of any nature performed for the client also, performed in the context of an assignment, including work that has not been carried out at the express request of the client;

general terms and conditions : these general terms and conditions;

program / trajectory : a program or coaching trajectory offered by the contractor with various components, such as training and/or coaching, which are given over a longer period, as described in more detail in information material from the contractor.

1. The quotations made by the contractor are without obligation; they are valid for 30 days from their date, unless otherwise specified. The contractor is only bound by a quotation or offer if the acceptance thereof is confirmed in writing by the client within 30 days without reservation or amendment, including a written confirmation of the acceptance of these general terms and conditions.

2. The contractor cannot be held to its offer or quotation if the client can reasonably understand that the offer/quotation contains an obvious mistake or error.

3. Quotations are based on the information provided by the client to the contractor. The Contractor may assume that this is correct and will base its offer on this.

1. All prices stated by the contractor are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the agreement, including travel and accommodation costs, shipping and administration costs, unless stated otherwise.

2. The contractor is at all times entitled to increase the fee or the price without the client being entitled in that case to dissolve the agreement for that reason, if the increase arises from a power or obligation under the law or regulations, or if special circumstances arise that could not reasonably have been foreseen when the agreement was entered into. Think of sudden price increases at third parties such as providers of training locations and cooperation partners or otherwise unforeseen extra costs.

1. The agreement is concluded by acceptance of the quotation by the client as referred to in the last sentence of Article 3 paragraph 1. The agreement is also concluded if the contractor confirms an agreement made between the client and the contractor in writing or if the contractor commences the work assigned by the client.

2. The agreement for following a program is also concluded by the signing by the client of the registration or registration form intended for this purpose, or by digital registration by the client in accordance with the contractor's registration conditions and participation has been accepted and confirmed by the contractor.

3. The agreement to follow an online training is established by the digital registration of a customer, in accordance with the registration conditions indicated, aimed at the conclusion of an agreement to follow an online training.

4. The agreement to purchase a product is concluded by the electronic acceptance by the client of the online offer for this purpose from the contractor and compliance with the associated conditions.

1. A binding agreement in accordance with Article 3 implies an obligation of best efforts for the contractor and explicitly no obligation of result. The Contractor is obliged to perform the agreement to the best of its knowledge and ability in accordance with the requirements of good workmanship. All this on the basis of the state of science known at that time.

2. If and insofar as the proper execution of the agreement requires this, the contractor has the right to have certain activities performed by third parties.

3. The contractor reserves the right to have work performed by third parties if the adviser, trainer or coach referred to in the agreement is unavailable due to unforeseen circumstances.

4. The client will ensure that all data, which the contractor indicates are necessary or which the client should reasonably understand are necessary for the execution of the agreement, are provided to the contractor in a timely manner. If the information required for the implementation of the agreement has not been provided to the contractor in time, the contractor has the right to suspend the implementation of the agreement and to charge the extra costs resulting from the delay to the client within reason.

5. The contractor is not liable for damage of any nature whatsoever because the contractor relied on incorrect and/or incomplete information provided by the client.

6. The applicability of article 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.

7. If work is performed by the contractor or third parties engaged by the contractor in the context of the assignment at the location of the client or a location designated by the client, the client will provide the facilities reasonably required free of charge. Costs to be incurred by the client in this context, internally and/or through the engagement of third parties, will be borne by the client.

1. If during the execution of the agreement it appears that it is necessary for proper execution to change or supplement the work to be performed, the parties will adjust the agreement accordingly in good time and in consultation.

2. If the parties agree that the agreement will be amended or supplemented, the originally specified term of execution may also be amended. The contractor will inform the client of this as soon as possible.

3. If amendments or additions to the agreement have financial and/or qualitative consequences, the contractor will inform the client about this in a timely manner.

4. If a fixed fee has been agreed, the contractor will indicate to what extent the change or addition to the agreement will result in an exceeding of this fee, after which the client will be obliged to pay the changed fee.

5. Without being in default, the contractor can refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences for the work to be performed or the goods to be delivered in that context.

1. The contractor is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the client does not, not fully or not timely fulfill the obligations under the agreement after the agreement has been concluded.

2. Furthermore, the contractor is authorized to dissolve the agreement if circumstances arise of such a nature that compliance with the agreement is impossible or if other circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be expected from the contractor. are required.

3. If the agreement is dissolved, the contractor's claims against the client are immediately due and payable. If the contractor suspends compliance with its obligations, it retains its claims under the law and the agreement.

4. If the contractor proceeds to suspension or dissolution, it is in no way obliged to pay compensation for damage and/or costs incurred in any way as a result.

5. If the dissolution is attributable to the client, the contractor is entitled to compensation for the damage, including the costs, which arise directly and/or indirectly as a result.

6. In the event of liquidation, (application for) suspension of payment or bankruptcy, of attachment - if and insofar as the attachment has not been lifted within three months - at the expense of the client, of debt rescheduling or any other circumstance as a result of which the client can no longer freely can dispose of its assets, the contractor is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation to pay any compensation or compensation. In that case, the claims of the contractor against the client are immediately due and payable.

7. The contractor has the right to suspend the fulfillment of his obligations if, as a result of changes in the circumstances that could not reasonably be expected at the time of the conclusion of the agreement and were outside his sphere of influence, he is temporarily prevented from fulfilling his obligations. to fulfill.

8. If the contractor has failed imputably in the fulfillment of the agreement, this will not lead to a refund of the agreed price and/or compensation for damage, but the contractor will make reasonable efforts to properly perform as yet. The Contractor will bear the associated additional costs.

9. Upon termination of the agreement, provisions that by their nature are intended to continue remain valid, such as (but not limited to) provisions regarding confidentiality and intellectual property.

1. If one of the parties is affected by a force majeure situation, it will immediately notify the other party. The parties will try to reach a reasonable solution in consultation.

2. The contractor has the right to suspend the agreed work if he is temporarily prevented from fulfilling his obligations due to circumstances beyond his control or of which he was or could not have been aware when the agreement was concluded.

3. Strikes and work interruptions, weather influences, illness (or related prevention policy), government measures, theft or loss of materials in any other way are in any event circumstances as referred to in the previous paragraph.

4. If fulfillment becomes permanently impossible, the agreement can be dissolved for that part that has not yet been fulfilled. In that case, the Client is not entitled to compensation for the damage suffered as a result of the dissolution.

1. If an agreement has been concluded without the simultaneous personal presence of the contractor and where the client also uses means for distance communication, such as the internet or telephone, this is considered a distance sale.

2. In principle, a consumer has 14 days after a written or oral agreement to cancel the purchase without giving any reason, subject to the provisions of paragraph 3.

3. If the contractor is a consumer and he chooses (whether consciously or not) for direct delivery of the service or product (thus within the period of 14 days), for example by direct delivery of digital content such as access to an online learning environment or e- book, or if the contractor decides to participate in a coaching session, training or event within this period, the client expressly waives the right of withdrawal.

The parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other in the context of their agreement. Information is considered confidential in advance if this has been communicated by the other party or if this arises from the nature of the information.

1. The intellectual property rights concerning training courses, programs, models, techniques, documents, as well as other documents and information arising from the activities of the contractor, which are developed by the contractor, are vested in the contractor, unless another party entitled to a work has been indicated.

2. The intellectual property rights relating to the expressions referred to in paragraph 1 are expressly not transferred on the basis of an agreement, unless otherwise agreed in writing.

3. Without the prior written permission of the contractor, it is not permitted to edit, reproduce or publish any concept, material or information supplied by the contractor to the client, in whole or in part, via any medium whatsoever, nor to make it available to third parties. , or to make it available to third parties, whether or not for a fee.

4. Login details for access to e-learning such as the Legal Success Academy are strictly personal and may not be shared with third parties unless explicit written permission has been obtained. The contractor is entitled to immediately deny the client further access.

5. It is not permitted to remove or change any indication of rights from information supplied by the contractor.

1. Unless explicitly agreed otherwise, the contractor's fee consists of a predetermined fixed amount per performance or per service provided and/or can be calculated on the basis of hourly or daily rates.

2. All fees are exclusive of government levies such as sales tax (VAT) and exclusive of travel and accommodation costs and other expenses incurred on behalf of the client, including but not limited to invoices from third parties engaged (for the purpose of the agreement).

3. The contractor will send the client invoices for the services and products it has delivered or (in the case of prepayment) still to be delivered. The Contractor is entitled to invoice periodically.

4. The contractor is entitled to send invoices electronically to the e-mail address specified by the client.

5. Unless agreed otherwise in writing, payment must be made within 14 days of the invoice date, in a manner to be indicated by the contractor, in the currency in which the invoice is made. Payment will be made without deduction, set-off or suspension for any reason whatsoever.

6. If payment must be made in advance for the delivery of services or products, the customer cannot assert any right to delivery thereof before full payment of the amount owed to the provider has been made.

7. If the client has not paid the full amount due within an agreed payment term or at the latest on an agreed payment date, the client will be in default by operation of law, without any notice of default being required. From the day that the client is in default until the day of full payment, the client owes default interest, which is equal to the statutory interest, on the amount due per month or part thereof, whereby part of a month will count as a whole month. .

8. If the client has not paid the amounts due by the due date at the latest, the contractor is entitled to suspend all work to be performed for the client with immediate effect, without being held liable in any way for damages to the client. .

9. If the client is in default with payment or with the fulfillment of any other obligation under an agreement, the contractor is entitled, without judicial intervention, to dissolve that agreement in whole or in part, without prejudice to the contractor's right to claim compensation. .

10. In the event of liquidation, bankruptcy or suspension of payment of the client, the contractor's claims against the client will be immediately due and payable and the contractor will also be entitled to dissolve the agreement with the client immediately, without any liability towards the client.

11. Incoming payments from the client always first serve to settle the interest owed as well as judicial and extrajudicial costs and then to settle the longest outstanding invoices, irrespective of any other instructions by the client.

12. If there are several clients, each client is jointly and severally liable towards the contractor for the payment of the total invoice amount if the work has been performed for all these clients.

1. If the client is in default, the contractor is authorized to collect its claim through legal proceedings. In that case, in addition to the principal sum and interest due, the client is also obliged to reimburse all judicial and extrajudicial costs incurred. This will always include the costs of collection agencies, as well as the costs and fees of bailiffs, lawyers and other experts, even if these exceed the legal costs to be awarded. The extrajudicial collection costs are deemed to be at least 15% of the principal sum with a minimum of € 150.00.

2. The Client also owes interest on all collection costs due.

1. The contractor will perform the agreement with the client to the best of its knowledge and ability on the basis of an obligation of best efforts and expressly not on the basis of an obligation of result. After all, the final result partly depends on factors over which the contractor has no influence.

2. The Contractor therefore does not provide any guarantee with regard to the result of work performed or advice given by it.

3. The contractor can only be held financially liable by the client for property damage and/or personal injury suffered by the client during a training or coaching session at a location provided by the contractor if this can be attributed to culpable acts or omissions on the part of the contractor.

4. The contractor is not liable for damage of any nature whatsoever, caused by the fact that the contractor relied on incorrect and/or incomplete information provided by or on behalf of the client.

5. The contractor is never liable towards the client if the damage caused is the result of an act or omission or carelessness on the part of the client or if the client does not follow the contractor's instructions.

6. If the contractor should be liable for any damage, then the contractor's liability is limited to a maximum of the invoice value of the assignment, or at least to that part of the assignment to which the liability relates.

7. With regard to the delivery of products, any liability of the contractor is limited to the possible delivery of a replacement product or to reimbursement of the amount paid by the client in the event of a faulty delivery.

8. The liability of the contractor is in any case always limited to any amount paid out by its (professional) liability insurer, increased by the deductible applicable to the contractor, if applicable.

9. The Contractor is only liable for direct damage and excludes any form of liability for any other damage, by whatever name, including immaterial damage and trading loss (including loss of profit).

10. The contractor in particular excludes any form of liability for damage resulting from or related to any unlawful act or omission or a failure to comply with an obligation by a subordinate, independent auxiliary person or other third parties that the contractor has engaged with. the performance of the work assigned by the client is engaged, insofar as no rules of mandatory law oppose this.

11. 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 his subordinates.

12. Any legal claim against the contractor, except for a legal claim recognized by the provider, lapses by the mere lapse of 12 months after the legal claim arose.DD

1. The contractor will never be liable to third parties for damage arising from the performance of the agreement to which these terms and conditions apply, other than which the contractor is to the client.

2. The client indemnifies the contractor against any further liability and will, where possible, stipulate a corresponding indemnification for the contractor in its agreements with third parties.

3. The client fully indemnifies the contractor against claims for compensation from third parties, based on the violation of intellectual property rights, through the use of designs, images, drawings, models, software and the like, or caused by the application of working methods, which the contractor has been given by or have been provided or prescribed by the client for the implementation of the agreement.

4. If the contractor is held liable by third parties, the client is obliged to assist the contractor both in and out of court and to immediately do everything that may be expected of him in that case. Should the client fail to take adequate measures, the contractor shall be entitled, without notice of default, to proceed to do so itself. All costs and damage on the part of the contractor and third parties arising as a result thereof shall be entirely at the expense and risk of the client.

General

1. The contractor has the right to cancel a course, training or coaching trajectory without giving any reason or to refuse participation by a client or to refuse the participant designated by the client, in which cases the client is entitled to a refund of the full amount paid by the client. this amount paid to the contractor.

2. If the client cancels an order placed in whole or in part, the work that has been performed and the costs incurred for this, as well as the working time reserved for the implementation of the agreement, will be charged to the client in full. Amounts already paid are therefore not unduly paid and will not be refunded, unless the contractor believes that the special circumstances of the case justify an exception.

3. Cancellation by the client must be made in writing or by e-mail, whereby the client must ensure that the letter has actually been received by the contractor. The cancellation is only a fact when it has been confirmed by the contractor. The moment of cancellation is the date of postmark in case of cancellation by post or the date and time of receipt of the cancellation email.

Cancellation in company assignment

4. In the event of cancellation of an in-company training assignment, the Client owes the following costs:

– within 1 week before the start of the 1st training day, 100% of the quotation amount.

– within 2 weeks before the start of the 1st training day, 75% of the quotation amount.

– within 3 weeks before the start of the 1st training day, 25% of the quotation amount.

– earlier than 4 weeks before the start of the 1st training day, no costs unless the contractor has had to incur costs for the assignment which he can no longer cancel free of charge. In that case, the client is obliged to pay these costs.

Cancellation of one-on-one guidance by appointment, such as consultations or individual sessions

5. In the case of an existing appointment for coaching or advice conversations or other one-on-one guidance, the client has the right to make or cancel a new appointment free of charge up to 36 hours before the start. If the appointment is moved or canceled within 36 hours before the start, the client owes the entire agreed price for the canceled or moved session.

6. If there is a no show because the client or the designated participant does not appear on time at the agreed location, a new appointment cannot be made free of charge.

Cancellation of long-term (custom) assignments

7. The client can cancel free of charge up to 2 weeks before the start of the assignment, unless otherwise agreed. In case of cancellation within 2 weeks before the start of the first supervision, training or coaching day, the client owes the entire agreed price.

8. In the event that the client or the participant designated by the client terminates participation prematurely after the start of the guidance/training or coaching or otherwise does not participate in it, the client is not entitled to any refund of parts of the program not enjoyed, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.

Cancellation buy online programs and digital products

9. If the client is not a consumer, the purchase cannot be cancelled.

10. If the client is a consumer, the provisions of article 10 paragraph 3 of these general terms and conditions apply.

1. The contractor treats personal data it receives in the context of the agreement with the customer strictly confidentially and in accordance with applicable privacy laws and regulations.

2. The client's personal data obtained from the agreement will be included in the contractor's customer database. These are used for the implementation of the agreement and can also be used to keep the person concerned informed of other services (such as training, events and programs) provided by the contractor.

3. The Client automatically agrees to the use of the relevant data for the purpose described above.

4. If the client does not appreciate information about (new) services, he can inform the contractor of this at any time and the provision of information will be stopped immediately.

1. Dutch law applies to every agreement between the contractor and the client;

2. Disputes arising from agreements to which these terms and conditions apply will be submitted to the competent court of the district in which the contractor is established.