General terms and conditions of delivery
General terms and conditions of delivery
The terms and conditions of delivery stated below apply in full to contracts with CoachingSchool Amsterdam.
Article 1: Definition of terms
In these terms and conditions the following capitalized terms have the following meanings:
Client: the natural or legal person who negotiates with Contractor on the granting of an Assignment to perform work or who in any other way has given Contractor an Assignment to perform work.
Contractor: CoachingSchool Amsterdam.
Assignment: the assignment given by the Client to Contractor for the provision of service for individual participants and groups of participants of one organization or Client for which an offer is drawn up separately and on which matter a Contract is entered into between Parties.
Training/course: group training/courses, online learning pathways, meetings, master courses and workshops as given on the website of Contractor.
Participant: the person who participates in a Training/course. This person can also be the Client.
Intake interview: a (telephone) conversation between the Contractor and a potential Participant in a Training/course, in which the content of a Training/course is matched to the learning wishes and experience of the Participant. Based on this conversation, the Contractor and Participant both decide whether the Participant will participate in the Training/course. This Interview is part of the Training/Course and is a condition for participation.
Starting moment of the assignment: the first invoicable performance of the assignment.
Cancelling/Shifting: the termination/shifting of the Assignment for a Training/course or shifting of the starting moment of the Assignment.
Parties: Client and Contractor jointly.
Coaching: Support with personal and professional development goals. This can be done individually or in a group. Mentor coaching also falls under Coaching.
Article 2: ICF
Contractor commits to the Code of Ethics of the International Coaching Federation: https://coachingfederation.org/ethics/code-of-ethics. The Contractor hereby guarantees, inter alia, confidentiality with regard to all information obtained from the Client.
Article 3: Applicability
3.1 These terms and conditions apply to all contracts effected with Contractor. The applicability of the general terms and conditions of the Client, by whatever name, is hereby expressly rejected.
3.2 Deviations from these terms and conditions will only be binding if and to the extent they are agreed in writing between Parties.
3.3 If these terms and conditions are also drawn up in a language other than the Dutch language, in the event of conflict the Dutch version is binding.
Article 4: Formation of the contract
The contract between Contractor and Client is concluded by valid signing by the Client of the offer drawn up by Contractor, or by valid signature of the written confirmation by the Client.
4.2 Participation in Training/course
The agreement between the Contractor and the Client for following a Training/course is established by the confirmation by Contractor of the Client’s registration by e-mail. This was preceded by an Intake interview.
4.3 Non-binding nature of offer
All quotations and offers of Contractor are not binding until a contract has been concluded by Parties on the matter of that offer.
Article 5: Performance of the contract
5.1 Contractor is entitled:
- to change the training or course programme in the interim period, for reasons of reprogramming of examination requirements by external examining bodies and/or reasons of improvement of quality;
- to change the planning of the training/course as regards time and place;
- in the event of insufficient registrations, to cancel a training/course, or not to accept new registrations for an existing training/course. Enrolled participants receive notice of this, after which their obligations lapse and/or obligations that have already been met are refunded;
5.2 In so far as offers submitted by Contractor are partly based on information that is provided by the Client, Client guarantees that to the best of his knowledge he provided all essential information for the design and performance of the offered activities. Contractor will perform the services to be provided by him to the best of his knowledge and ability, and in accordance with professional standards.
5.3 The Contracted Party is not liable for damage of whatever nature as a result of the Contracted Party’s reliance on incorrect and/or incomplete information provided by the Contracting Party unless it should have been apparent to the Contracted Party that such information was incorrect or incomplete.
Article 6: Cancellation or shifting by Client.
- The Contracting Party for a Training/course is entitled to cancel participation in or the instruction for training in writing. The postmark date or email date serves as the cancellation date.
- In the event of cancellation of participation in a Training/course < 14 days before the start thereof, or if a participant does not show up, the full training costs will be charged. In the event of cancellation of participation in a Training/course > 14 days and < 30 days before the start, 50% of the Training/course costs will be charged. In the event of cancellation of participation in a Training/course > 30 days, any payments already made will be refunded minus a 5% administration fee. Interim cancellation for multi-day Trainings/courses is not possible.
- It is possible to replace a participant in the predetermined Training/course provided the Intake interview can still be held prior to the start of the first training block and the new participant can be admitted on the basis of that Intake interview.
- In the event that the Contracting Party or the Participant appointed by the Contracting Party stops participating or does not or no longer take part in the Training/course when the Training/course starts or after it has started, the Contracting Party is not entitled to a refund or transfer to a different training.
- The Client for an Assignment is entitled to cancel the Assignment in writing. The postmark or email date will serve as cancellation date.
- After the contract has been concluded, it is not possible to cancel free of charge. In the event of cancellation before the cancellation period enters into effect, 10% of the assignment amount (with a maximum of € 200.00 excl. VAT per performance day) is charged for administration costs.
- Client can cancel or change dates up to 8 weeks before commencement of the assignment. In this case, only the administration costs as referred to in article 6.2.2 are charged.
- In the event of cancellation or change between 8 and 4 weeks before commencement of the Assignment, Client is obliged to pay 50% of the agreed assignment amount.
- In the event of cancellation or change up to 2 weeks before commencement of the Assignment, Client is obliged to pay 75% of the agreed assignment amount.
- In the event of cancellation or change less than 2 weeks before the commencement of the Assignment, 100% of the agreed assignment amount must be paid.
- The cancellation costs are immediately due and payable.
- Cancellation of a Coaching process by the Client or the Participant designated by the Client is free of charge up to 4 working days prior to the start of Coaching.
- In the event of cancellation or change between 4 working days and 2 working days prior to the start of a Coaching process, 50% of the quotation amount will be charged.
- In the event of cancellation or change shorter than 2 working days prior to the start of a Coaching process, 100% of the quotation amount will be charged.
- In the event of cancellation or change of a Coaching session between 4 working days and 2 working days before that session, Client is obliged to pay 50% of the agreed rate.
- In the event of cancellation or change of a Coaching session shorter than 2 working days prior to that session, the Client is obliged to pay 100% of the agreed rate.
Article 7: Cancellation or shifting by Contractor.
Contractor is entitled, without stating reasons, to cancel the Training/course or Assignment, in which case the Client is entitled to repayment of the full amount paid by Client to Contractor.
Article 8: Payment for Training/course, Assignment
8.1 Contractor will charge the fees payable by Client by means of an invoice. The Client must pay the fees owed within 30 days of invoice date, but no later than 1 month before the commencement of the Training/course or assignment, in the manner specified by Contractor, without Client being able to claim suspension or setoff due to an (alleged) failure in the performance of the Assignment accepted by Contractor that the invoice relates to, unless expressly agreed otherwise.
8.2 The travel and package/accommodation costs as well as recommended literature in connection with participation in a Training/course or assignment are not included in the course price, unless expressly agreed otherwise in writing.
8.3 If the Client does not pay the invoice(s) sent by Contractor within the agreed period, he is in default de jure. From the due date, Contractor is always entitled to charge the statutory interest and the collection costs actually incurred in accordance with the Voorwerk II report, without prejudicing the right of Contractor to payment of other damage payable by Client.
8.4 If Client is in default as a result of late and/or incomplete payment, Contractor is entitled to suspend performance of the Assignment immediately, including the right to refuse participation in the Training/course.
Article 9: Copyright
Models, techniques, instruments that are used for the performance of the work, are and remain the property of the Contractor. Publication may only take place after permission is obtained from the Contractor. Client is entitled to make multiple copies for use in his own organization, in so far as this is appropriate within the objective of the Assignment. The copyright to the brochures, project material and training and course material published by the Contractor is vested in Contractor, unless a different copyright owner to the work is indicated on the item itself.
Article 10: Liability
10.1 Contractor makes every effort to perform the given Assignments to the best of his knowledge and ability and in accordance with conditions and Code of Ethics of the International Coaching Federation. Contractor thus guarantees the good quality of the performance of the activities.
10.2 Contractor is only liable for any damage caused to the Client during the execution of the Assignment, which is the direct result of culpable conduct on the part of the Contractor. The Contractor’s liability is limited to the amount of the fee in the Assignment concerned.
10.3 Any liability of Contractor for indirect damage, including consequential damage, loss of profits and damage due to business interruption, is expressly excluded.
Article 11: Confidentiality
Both Parties are obliged to keep secret all confidential information obtained from the other Party or from another source within the framework of the agreement. Information will be considered to be confidential when it has been designated as such by the other Party or when this ensues from the nature of the information.
Article 12: Disputes
If a dispute arises between the Client and the Contractor as a result of the assignment, the Parties will attempt to resolve this dispute through amicable consultation. This also includes the possibility of jointly submitting the dispute to an independent expert (to be chosen in mutual consultation) for advice or mediation. If this does not resolve the dispute, it will be submitted to the competent civil court. Dutch law applies to all quotations and all assignments to the exclusion of any other right. Complaints: After receiving a complaint, a response will be given within 48 hours. The Client will be informed about the expected processing time for complaints that require more time.