General terms and conditions
Inhoud
Article 1: conditions of application
Article 2: offers and agreements
Article 3: rights and obligations
Article 4: transfer, cancellation, dissolution and termination of participant(s)
Article 5: transfer, cancellation, dissolution and termination of training courses
Article 6: transfer, cancellation, dissolution and termination of customisation
Article 7: transfer, cancellation, dissolution and termination of coaching and other
Article 9: fee & paying conditions
Article 10: intellectual property and copyrights
Article 11: liability
Article 12: confidentiality of condidential information
Article 13: personal data
Article 1
Conditions of application
1.1 These general conditions apply to all business agreements between Design your new job and its clients for the provision of advice and/or on the execution of training courses, workshops, coaching sessions or other activities that contribute to personal and/or professional growth.
1.2 In the following text, the name “Design your new job” has the following meaning: “Design your new job and the third parties engaged by this organisation for the execution of agreed assignments”.
1.3 Deviations from these conditions are only binding in consultation and when Design your new job has expressly confirmed these deviations to the client in writing.
Article 2
Offers and agreements
2.1 All quotations made by Design your new job are non-binding and valid for 30 days, unless otherwise indicated. Design your new job is only bound by an offer if its acceptance has been confirmed in writing to Design your new job by the client within the stipulated period of validity without reservation or modification, and the client does not dispute its accuracy in writing within ten working days or (if that period is shorter) at least 48 hours before commencement of the work.
2.2 Prices in offers are exclusive of VAT unless otherwise stated.
2.3. In addition to the condition in article 2.1, an agreement exists when the client gives Design your new job a written assignment to give advice and/or educate, train or coach one or more participants. Such a written assignment has various manifestations, including a signed quotation, a signed contract, a letter, an e-mail or a completed Design your new job registration or application form. It is also possible for Design your new job, in consultation with the client, to send an e-mail to confirm a verbal assignment.
2.4 If a deadline has been agreed for the completion of certain activities by Design your new job, this is not a fatal deadline, unless otherwise agreed. Exceeding the agreed deadline shall therefore not constitute an attributable shortcoming by Design your new job. The client cannot dissolve the agreement for this reason and is not entitled to damages. If the agreed deadline is exceeded, the client may, in consultation, set a new deadline for Design your new job to execute the agreement. Exceeding this new deadline may constitute grounds for the client to dissolve the agreement.
2.5 If Design your new job is commissioned to carry out an assignment or part of an assignment in collaboration with a third party, the client shall determine in consultation with all those involved what each party’s task is. Design your new job accepts no joint and several liability, nor liability for the performance of the third party’s task and related work.
Article 3
Rights and obligations
3.1 In every agreement between Design your new job and its client, Design your new job undertakes to perform the agreed efforts according to the standards of craftsmanship and care that Design your new job’s client can and may reasonably expect at the moment the assignment is concluded.
3.2 With every agreement between Design your new job and its client, Design your new job accepts an obligation of effort and not an obligation of result. It goes without saying that Design your new job as supplier nevertheless makes every effort to achieve a result that is satisfactory to both parties.
3.3 Design your new job is entitled to engage third parties for the execution of an agreement concluded with
Design your new job. Design your new job hereby undertakes to select these third parties with the utmost care in order to achieve a good quality of performance.
achieved.
3.4 If one of the parties involved in an agreement substantially fails in the observance of its obligations and, after having been explicitly pointed out by the other party, does not fulfil these obligations within a reasonable period of time, the other party is authorised to terminate the agreement without the terminating party owing the failing party any compensation. The services rendered until termination shall be paid for in the agreed manner.
3.5 If Design your new job depends on information or cooperation from the client or participant(s) to fulfil its obligations, Design your new job is indemnified from its obligations if the client or participant(s) fail to provide the necessary
information or cooperation in a timely and thorough manner.
3.6 If the agreement entered into with Design your new job relates to the repeated delivery of the same performance to the client, the agreement entered into with Design your new job is effective for the duration jointly agreed and confirmed in writing by the client and Design your new job. In the absence of an explicit duration, the agreement shall be entered into for the duration of one year. Such an agreement is always tacitly renewed for the duration of one year. Each party may terminate the agreement in writing three months before such renewal, whereby the parties shall not be mutually obliged to pay compensation on the basis of such termination.
Article 4
Transfer, cancellation, dissolution and termination of participant(s)
4.1 Trainings, workshops or other activities aimed at increasing people’s knowledge, insight and skills will only take place if the minimum number of participants are present, as agreed with the client. If there are insufficient participants, Design your new job will discuss possible alternatives with the client or participant.
4.2 Design your new job places participants in a particular training, workshop, education or other characteristic activity of Design your new job in the order in which the registration took place.
Article 5
Transfer, cancellation, dissolution and termination of training courses
5.1 Relocation, cancellation, dissolution or termination of an agreement with Design your new job can only take place in writing by e-mail.
5.2 If a participant does not take part in a training course on the date on which the participant was placed without timely written notification for whatever reason, there is no question of relocation, cancellation, dissolution or termination and the original financial agreements between Design your new job and its client remain in force without short
in force.
5.3 In the case of ongoing or open training courses, relocation, cancellation, dissolution and termination are possible free of charge up to six weeks before the start of the first meeting.
5.4 For rescheduling, cancellation, dissolution and termination between four and six weeks before the start Design your new job will charge the client 75% of the agreed fee.
5.5 For cancellation, dissolution and termination within four weeks before the start of the first meeting, the client is obliged to reimburse 100% of the agreed costs to Design your new job.
5.6 In case of relocation within four weeks before the start of the first meeting, the client is obliged to reimburse 50% of the agreed costs to Design your new job for the dates originally discussed.
Article 6
Transfer, cancellation, dissolution and termination of customisation.
6.1 In the case of training courses customised by Design your new job for the client, relocation, cancellation, dissolution and termination are possible free of charge up to eight weeks before the start of the first meeting.
6.2 If the client transfers, cancels, dissolves or terminates a training course developed by Design your new job at the request of the client within eight weeks before the start of the first meeting, Design your new job shall charge the client for the development and implementation costs incurred by Design your new job and to be specified in writing, in addition to an amount of € 250,= administration costs.
6.3 In case of cancellation, dissolution or termination within four weeks before the start of the first meeting, the client is obliged to reimburse 100% of the agreed costs (including: development costs, course fees and possible location costs) to Design your new job.
Article 7
Transfer, cancellation, dissolution and termination of coaching and other.
7.1 In case of cancellation or relocation by the client of coaching and/or other guidance trajectories and/or operational support within 24 hours before the start of the relevant activity, the client owes 100% of the costs of the cancelled hours or of the agreed principal sum, between 24 and 48 hours before the start of the activities 50% of these costs.
7.2 The client owes 100% of the total agreed principal sum if, even without cancelling, he does not use Design your new job’s agreed services.
Article 8
Force majeure
8.1 A shortcoming in the fulfilment of the agreement cannot be attributed to the parties in case of force majeure. No right to compensation arises in the event of force majeure.
8.2 If one of the parties is in default with respect to its obligations arising from the agreement for a period of more than 30 days as a result of force majeure, the other party shall be entitled to terminate the agreement by registered letter with immediate effect without judicial intervention, without giving rise to any right to compensation.
8.3 Force majeure includes all circumstances as a result of which the parties are temporarily or permanently unable to fulfil their obligations such as: fire, prolonged illness, prolonged power failure, digital network failures.
Article 9
Fee & payment conditions
9.1 Unless otherwise agreed, Design your new job’s fee consists of a predetermined fixed amount per agreement and/or can be calculated on the basis of rates per unit of time worked by Design your new job.
9.2 All prices quoted by Design your new job are exclusive of VAT unless explicitly stated otherwise.
9.3 All prices quoted by Design your new job are exclusive of travel and other expenses incurred on the client’s behalf. incurred for the benefit of the client. This also includes invoices from hired third parties.
9.4 Payments must be made within fourteen days of the invoice date, unless otherwise agreed in writing. If payment is not made on time, the client shall be liable for statutory default interest and extrajudicial collection costs.
9.5 Within certain circumstances (including developing customised work, providing special facilities and serving a different size of groups), Design your new job may, in consultation with the client, require an advance payment or equivalent security before commencing its work.
9.6 The contractor reserves the right to adjust the agreed fees annually in consultation with the client.
9.7 If, at the request of the client, Design your new job needs to subcontract specialist work or outsource work to third parties, different rates may apply. Where applicable, separate agreements will be made between parties in advance.
9.8 In case there is more than one client, each client is severally liable to Design your new job for payment of the total invoice amount in case the work has been carried out on behalf of all these clients.
Article 10
Intellectual property and copyrights
10.1 The documents provided by Design your new job to the client during the preliminary discussion, preparation and/or execution are exclusively intended to be used in the execution of the agreed assignment and may not be reproduced or made available to third parties.
10.2 If copyrights or intellectual property rights are vested in documents used in the preliminary discussion, preparation and/or execution of products and services provided by Design your new job to the client, Design your new job is and remains the holder or owner of these rights before, during and after the assignment (subject to third-party licences). The client only receives a non-transferable right of use to the extent necessary for the execution of the agreement.
Article 11
Liability
11.1 Design your new job is only liable for direct damage attributable to it that is demonstrably the result of intent or gross negligence on the part of Design your new job and its employees.
11.2 Under no circumstances can Design your new job be held liable for indirect damage attributed to it. Alleged psychological damage that participants claim to have sustained during projects carried out by Design your new job for the client also falls under this clause.
11.3 If Design your new job is obliged to pay compensation for damage suffered by the client, such compensation shall be limited to a maximum of the agreed fee for the assignment with a maximum of €5,000.
11.4 When physical exercise or sports activities are part of projects that Design your new job carries out with a client, participants are free to take part in these activities or not. In these cases, it is up to the participants themselves to decide whether participation is responsible and acceptable for them.
Article 12
Confidentiality of confidential information
12.1 Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or recognisably arises from the nature of the information.
12.2 Design your new job is allowed explicitly and at its own discretion to discuss a specific issue from a trajectory with a fellow coach/professional. Design your new job will always do this on an anonymous basis, with the aim of providing the best possible guidance.
12.3 If Design your new job, on the grounds of a legal provision or a judicial judgement
obliged to disclose confidential information to third parties designated by law or by the competent court, and if Design your new job cannot invoke a legal right to refuse to give evidence or a right recognised or permitted by the competent court, Design your new job shall not be liable for damages or compensation and the other party shall not be entitled to dissolve the agreement on the grounds of any damage resulting from this.
12.4 Design your new job reserves the right, on a completely anonymous basis, to process components from coaching processes unrecognisably for third parties in publications for various media.
Article 13
Personal data
13.1 Unless the client expressly indicates to object, the client, when entering into an agreement, grants Design your new job permission to include participants’ personal data in its database for information purposes. Design your new job manages this data carefully and in accordance with legal requirements; uses it exclusively for its own purposes and does not make the data available to third parties.
KvK nr: 63473208