Terms and conditions
PraktijkEigen offers:
Individual coaching online and face-to-face
Journeys for Personal Development and Effectiveness
Freelance Trainer/Coach for Business
These general terms and conditions describe the rights and obligations for all services.
Contact via: info@praktijkeigen.nl
Article 1. Definitions
1. In these general terms and conditions, the following terms are understood to mean:
Contractor: PraktijkEigen;
Client: the person (private individual), company (business) or institution that issues the order for the work; Services: all products and services provided by me to the client, including coaching and other forms of guidance or advice, all in the broadest sense of the word, as well as all other work performed for the client of whatever nature, carried out within the framework of an assignment, including work that has not been performed at the express request of the client;
Coachee: the person who participates in a guidance, journey or online training, advice or coaching trajectory, the latter if he is not the client himself.
Article 2 Conditions for participation in the Online Coaching program
2.1 The online coaching is carried out by Dominique Cordier of PraktijkEigen.
2.2 During the online coaching you will make use of my talents, my knowledge, my passion and energy. We plan the appointments together at times that suit both of us. In addition to following the online coaching, you must reserve sufficient time for the exercises and assignments that I give you on a tailor-made basis. The success of your participation largely depends on your own efforts. I cannot guarantee that you will be overjoyed. I will make every effort to ensure that you have the right tools to achieve a happy life and I am available to you within the limits of online coaching.
2.3. Cancellation of online coaching appointments. Appointments can be cancelled for Online Coaching at least 24 hours in advance. After that, the coaching will be charged. A new appointment means new costs for you as the client.
Article 3 Conditions for participation in the Face-to-Face Coaching program
3.1 The face-to-face Coaching is carried out by Dominique Cordier from PraktijkEigen.
3.2. Appointments take place in Son on the Willemstraat. Unless we decide otherwise together. Travel expenses are for the client, for example if we coach at the client’s home.
3.3. Cancellation of coaching: Appointments must be cancelled at least 24 hours in advance, otherwise the appointment will be cancelled. The costs for this appointment will be charged 100% to the client. If I am ill, all appointments will be postponed. I will let you know about my holidays in time so that you know what to expect.
3.4. A 1-on-1 appointment lasts 60 minutes. (overrun is always possible, it is both parties’ own time)
Article 4 Conditions for participation in Journeys
4.1. The Journey is carried out by Dominique Cordier from PraktijkEigen.
4.2. The Journeys always take place at locations in green areas. You will receive the address details at least 1 month before the start of the course.
4.3. Cancellation of registration for a journey. The price will be invoiced 100% within 4 weeks. 50% will be invoiced within 6 to 4 weeks. The full amount will be refunded before 6 weeks. Payment must be made immediately upon registration. Payment in installments is possible, see website for payment conditions and options. The website is leading in this.
Article 5. Applicability of these conditions
5.1. These general conditions apply to all offers and agreements in which I offer or deliver services. Deviations from these conditions are only valid if they have been expressly agreed in writing;
5.2. Not only PraktijkEigen but also all persons or companies involved in the execution of any assignment for the client can rely on these general conditions;
5.3. These general conditions also apply to additional assignments and follow-up assignments from the client;
5.4. Any purchasing or other general conditions of the client are not applicable, unless they have been expressly accepted in writing by PraktijkEigen.
Article 6. Quotations
6.1. Quotations made by PraktijkEigen are without obligation; they are valid for 14 days, unless otherwise stated. PraktijkEigen is only bound by the quotations if the acceptance thereof is confirmed in writing by the other party within 14 days;
6.2. The prices in the quotations mentioned are exclusive of VAT, unless otherwise stated;
6.3. Quotations are based on the information available to me.
Article 7. Execution of the agreement as a freelancer / self-employed trainer-coach for business
7.1. From PraktijkEigen (trainer/coach Dominique Cordier), a concluded agreement between customer, client and PraktijkEigen always leads to an obligation of effort, not to an obligation of result. I comply with all agreements made and make my talents and experiences available to properly and as agreed carry out the other, the group or the training. Results depend not only on my efforts, but certainly also on the efforts of the group, the individual or yourself at the time you enter into coaching or training. See also article 2.2.
7.2. If and to the extent that proper execution of the agreement requires this, PraktijkEigen has the right to have certain activities performed by third parties. This will always be done in consultation with the client;
7.3. The client ensures that all data that PraktijkEigen indicates is necessary or that the client should reasonably understand is necessary for the execution of the agreement, are provided to PraktijkEigen in a timely manner. If the data required for the execution of the agreement are not provided to PraktijkEigen in a timely manner, PraktijkEigen has the right to suspend the execution of the agreement and/or charge the additional costs resulting from the delay to the client at the usual rates;
7.4. PraktijkEigen is not liable for damage of any nature whatsoever because PraktijkEigen has assumed incorrect and/or incomplete information provided by the client, unless this incorrectness or incompleteness should have been apparent to it;
Article 8. Contract duration and termination
8.1. If the agreement concluded between the parties relates to the delivery of the same service more than once, it is deemed to have been entered into for an indefinite period unless expressly agreed otherwise in writing.
8.2 Both parties may terminate the agreement in writing at any time. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 3 months.
Article 9. Amendment of the agreement
9.1. If during the execution of the agreement it appears that it is necessary to amend or supplement the work to be performed for proper execution, the parties will adjust the agreement accordingly in a timely manner and in consultation;
9.2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. PraktijkEigen will inform the client of this as soon as possible;
9.3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, PraktijkEigen will inform the client of this in advance;
9.4. If a fixed fee has been agreed, PraktijkEigen will indicate to what extent the amendment or supplement to the agreement will result in an excess of this fee.
Article 10. Confidentiality
10.1. The parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
10.2. The contractor will not refer to the assignment externally without the permission of the client.
Article 11. Intellectual property
11.1. To the extent that copyright, trademark, model, trade name or other intellectual property rights are based on the services provided by PraktijkEigen in the performance of the agreement, the contractor is and remains the holder or owner of these rights. The client may only use the material carriers of these rights for the purpose for which they were provided to the client, may not reproduce them and may not change or remove copyright, trademark, model, trade name and other indications;
11.2. PraktijkEigen reserves the right to use the knowledge acquired during the performance of the work for other purposes, insofar as no confidential information is brought to the attention of third parties.
Article 12. Payment
12.1. Payment to private individuals. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing, in a manner to be specified by the contractor in the currency in which the invoice was issued. Payment will be made without deduction, compensation or suspension for any reason whatsoever;
12.2. Payment in business. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing, in a manner to be specified by the contractor in the currency in which the invoice was issued. Payment will be made without deduction, compensation or suspension for any reason whatsoever;
12.3. If the client has not paid the amounts due by the due date at the latest, he will automatically be in default, without further notice of default being required. In the event of default of payment by the client, the contractor is entitled to cease or suspend all work to be carried out for the client with immediate effect, without being liable to pay damages to the client in any way.
12.4. In the event of default of payment, the client shall also owe default interest on the outstanding claims equal to the statutory interest;
12.5. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of the contractor and the obligations of the client towards the contractor shall be immediately due and payable;
12.6. Payments made by the client shall always serve to settle, first, all interest and costs due, and secondly, the oldest outstanding invoices, even if the client states that the payment relates to a later invoice;
12.7. If more than the usual effort is required of the contractor to execute the agreement, the contractor may demand payment (or equivalent security) before commencing its activities.
Article 13. Collection costs
13.1. If the contractor decides for its own reasons to collect a claim for non-payment of one or more unpaid invoices through legal means, the client is obliged to reimburse all reasonable judicial and extrajudicial costs incurred in addition to the principal sum and interest due. This will always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if these exceed the legal costs to be awarded in court. The reimbursement of judicial and extrajudicial costs incurred amounts to at least 15% of the principal sum due.
Article 14. Liability
14.1. PraktijkEigen accepts no liability whatsoever for damage caused by or in connection with services provided by it, unless the client demonstrates that the damage was caused by intent or gross negligence on the part of the contractor
14.2. PraktijkEigen’s liability is limited to the invoice value of the assignment, or at least that part of the assignment to which the liability relates;
14.3. In deviation from the provisions of paragraph 2 of this article, in the case of an assignment with a term longer than six months, liability is further limited to the invoice amount due over the last six months,
14.4. If damage is caused to persons or property by or in connection with the performance of services by the contractor or otherwise, for which the contractor is liable, that liability will be limited to the amount of the payment under the general liability insurance taken out by the contractor, including the deductible that the contractor bears in connection with that insurance.
14.5. Any liability of the contractor for business damage or other indirect damage or consequential damage, of whatever nature, is expressly excluded.
Article 15. Cancellation/termination of the agreement for companies – PraktijkEigen as freelance trainer/coach
15.1. PraktijkEigen has the right to cancel a course, training, guidance or coaching trajectory without giving a reason or to refuse participation by a client or to refuse the coachee designated by the client. See cancellation conditions for private individuals in articles 2,3 and 4.
15.2. The client for a course, training, guidance or coaching trajectory has the right to cancel participation in or the assignment for a course, training, guidance or coaching trajectory. See cancellation conditions for private individuals in articles 2,3 and 4.
15.3. Cancellation by the client of the assignment can be done free of charge up to 4 weeks before the start of the course, training, guidance or coaching trajectory. In the event of non-cancellation, the client is obliged to pay the total amount of the course, training, guidance or coaching trajectory.
15.4. In case of cancellation within 4 weeks up to and including 1 week before the start of the course, training, guidance or coaching trajectory, the contractor is entitled to charge 80% of the amount due and in case of cancellation within one week the full amount.
15.5. In the event that the client or the coachee designated by the client terminates participation prematurely after the start of the course, training, guidance or coaching trajectory or otherwise does not participate, the client is not entitled to any refund, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
Article 16. Personal data
16.1. By entering into an agreement with the contractor, the contractor is granted permission for automatic processing of the personal data obtained from the agreement. The contractor will only use this personal data for its own activities.
Article 17. Dispute resolution
17.1. Dutch law applies to every agreement between PraktijkEigen and the client; 17.2. Disputes arising from agreements to which these terms and conditions apply and which do not fall within the jurisdiction of the subdistrict court, will be submitted to the competent court of the district in which the contractor is established.
These general terms and conditions were filed with the Chamber of Commerce in Eindhoven on 25 January 2019 under number 73797715.