General terms and conditions Saskia Bussink
§ 1 Definitions
In these general terms and conditions, the following definitions apply:
§ Contractor: The company Saskia Bussink, Betsy Westendorpstraat 61, 7312 VB Apeldoorn, registered as a sole proprietorship at the Chamer of Commerce in the Netherlands under number 08175945, who uses these general terms and conditions for the provision of services;
§ Client: the person, company or agency that provides the assignment for the work;
§ Services: all products and services supplied by the contractor to the client, including training, coaching, mentoring, counseling and other forms of support, or advice, everything in the broadest sense of the word, as well as all other work done on behalf of the client of any kind therefore, carried out within the framework of an assignment, including work that has not been carried out at the express request of the client;
§ Coachee: the person who participates in a training, coaching, advice or coaching program.
§ 2 Applicability of these conditions
1. These general conditions apply to all offers and agreements where the contractor offers or delivers services. Deviations from these conditions are only valid if expressly agreed in writing;
2. Not only the contractor, but also all persons or companies that are involved in the execution of any assignment for the client, can appeal to these general terms and conditions;
3. These general terms and conditions also apply to additional assignments and follow-up assignments of the client;
4. Any purchase or other general terms and conditions of the client are not applicable, unless explicitly accepted in writing by the contractor.
§ 3 Offers
1. The offers made by the contractor are non-binding; they are valid for 14 days, unless stated otherwise; contractor is only bound to the offers if the acceptance of this by the other party within 14 days is confirmed;
2. The prices in the mentioned offers are exclusive of VAT, unless stated otherwise;
3. Offers are based on the information available from the contractor.
§ 4 Registration for participation
1. Registration for participation in a training, workshop, lecture or event must be done by sending an e-mail to Saskia Bussink or by sending in the form;
2. At the time of enrollment, the participant agrees to the general terms and conditions of Saskia Bussink;
3. Saskia Bussink will register the applications in order of receipt. The client will receive a confirmation of registration via e-mail within 14 days;
4. After receipt of the registration form, the invoice is sent to the indicated billing address. The invoice must be paid before the start of the training.
§ 5 Execution of the agreement
1. Agreements with the contractor lead to using their best efforts to satisfy to execute the agreement in time. The contractor is obliged to fulfill its obligations in such a way as can be demanded according to standards of care and craftsmanship according to the standards of the moment of fulfillment of the contractor;
2. If and in so far required for the proper execution of the agreement, the contractor has the right to have certain work carried out by third parties. This will always be done in consultation with the client;
3. The client shall ensure in time to the contractor that all data of which the contractor indicates that these are necessary or of which the client should reasonably understand that these are necessary for the execution of the agreement. If the data required for the execution of the agreement are not provided to the contractor in time, the contractor has the right to suspend the execution of the agreement and/or charge the extra costs resulting from the delay to the client according to the usual rates;
4. The contractor is not liable for damage, of whatever nature, if the contractor has assumed incorrect and/or incomplete information provided by the client, unless this inaccuracy or incompleteness could have been known beforehand.
§ 6 Contract term and cancellation
1. If purchased an online program, the buyer has the right to claim the full course fee from the seller within 8 days, without giving any reason;
2. If the agreement concluded between the parties relates to more than one delivery of the same service, it is offered for an indefinite period unless explicitely agreed otherwise in writing;
3. Both parties can terminate the agreement in writing at any time. If the duration of the assignment is one year or longer, the parties must submit a notice period of at least three months.
§ 7 Amendment of the agreement
1. If, during the execution of the agreement, it is obvious that it is necessary for a proper execution to change or supplement
the work to be performed, the parties shall adjust the agreement accordingly and in consultation accordingly;
2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution could be influenced by that as a result. The contractor will inform the client as soon as possible;
3. If changes or additions to the agreement will have financial and/or qualitative consequences, the contractor will inform the client about this beforehand;
4. If a fixed fee has been agreed, the contractor will indicate to what extent the change or supplement to the agreement will result in exceeding this fee.
§ 8 Confidentiality
1. The parties are obliged to maintain confidentiality of all confidential information that they have received from eachother or from another source 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;
2. The contractor will not refer to the assignment externally without permission from the client, unless agreed otherwise;
3. The confidential information that participant shares in a program or part of a program such as a webinar organized by Saskia Bussink will never be shared with others outside the program or part of the program.
§ 9 Intellectual property
1. If authors, brands, models, trade names, or other intellectual property rights are based on the services provided by the contractor for the execution of the agreement, the contractor shall be and remain the owner of these rights. The client may only use the material carriers of these rights for the purpose for which they are given to the client, will not multiply them and will not change or remove the author, trademark, model, trade name and other designations;
2. The contractor reserves the right to use the knowledge gained during the execution of the work for other purposes, but no confidential information is brought to the attention of third parties.
§ 10 Payment
1. Payment of an online purchased program must be done immediately upon purchase via the appropriate methods (eg Ideal, via Paypal and via Credit Card) that are mentioned on the sales page. Payment in installments is only possible after mutual agreement. The following applies to the other training courses: unless otherwise agreed in writing, the 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 take place without deduction, compensation or suspension for whatever reason. In case of a training, workshop or event, with regard to payment, § 4.4 applies.
2. If the client has not paid the amounts due by the due date, he will automatically be in default, without further notice being required. In case of payment default by the client, the contractor is entitled to cease or suspend all work to be performed for the client with immediate effect, without being liable to the client in any way whatsoever.
3. In case of no payment, the client also owes default interest on the outstanding claims equal to the statutory interest;
4. In case of liquidation, bankruptcy or suspension of payment of the client, the claims of the contractor and the obligations of the client towards the contractor will be immediately due and payable;
5. Payments made by the client always serve first to settle all interest and costs owed, and secondly to claimable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
6. If the contractor is required more than the usual effort to execute the contract, the contractor may demand payment (or equivalent) before commencement of its work.
§ 11 Collection costs
1. In the case that the contractor decides for its own reason to collect a claim for non-payment of one or more unpaid invoices by judicial means, the client shall also be obliged to reimburse all judicial and extrajudicial costs reasonably incurred in addition to the principal and interest owed. This will always include the costs of debt collection agencies, as well as the costs and fees of bailiffs and lawyers, even if they exceed legally assigned process costs. The compensation of judicial and extrajudicial costs amounts to at least 15% of the principal amount due.
§ 12 Liability
1. The contractor does not accept any liability whatsoever for damage caused by or in connection with services provided by it, unless the client can proof that the damage was caused by intent or gross negligence on the part of the contractor.
2. The liability of the contractor is limited to the invoice value of the assignment, at least that part of the assignment to which the liability relates;
3. Contrary to what is mentioned in paragraph 2 of this article, in the case of an assignment with a term of more than six months, the liability is further limited to the invoice amount due over the last six months;
4. If damage is caused to or by persons in connection with the provision of services by the contractor or otherwise, for which the contractor is liable, this liability shall be limited to the amount of the payment pursuant to the general liability insurance taken out by the contractor, including of the deductible that the contractor bears in connection with that insurance;
5. Any liability of the contractor for loss of profits or other indirect damage or consequential damage, of whatever nature, is explicitly excluded.
§ 13 Cancellation/termination of the agreement
1. Contractor has the right to cancel a course, training, coaching or coaching program without giving any reason or to refuse participation of a client or to refuse the coachee appointed by the client, in which cases the client is entitled to reimbursement of the full by this amount paid to the contractor
2. The client for a course, training, coaching or coaching program has the right to cancel participation in or the assignment for a course, training, coaching or coaching program by e-mail or by telephone;
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, coaching or coaching program. In the event of non-cancellation, the client is obliged to pay the total amount of the course, training, guidance or coaching program;
4. In the event of cancellation within 4 weeks up to and including 1 week before the start of the course, training, coaching or coaching process, the contractor is entitled to charge 50% of the amount due and in the event of cancellation within one week the full amount;
5. In the event that the client or the coachee appointed by the client terminates the participation prematurely or otherwise does not participate in the course, training, coaching or coaching process, the client is not entitled to any reimbursement, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise;
6. An individual coaching or coaching session can be canceled free of charge up to 48 hours before the start of the session. Upon cancellation or transfer within 48 hours before the start of the call, the contractor is entitled to charge the full rate that has been agreed for the call. If the client or the appointed coachee does not appear on the scheduled interview, the same rates will apply;
7. Saskia Bussink reserves the right to postpone appointments, should this be necessary for her own business, schooling, illness or urgent personal circumstances;
8. If one of the parties should fail substantially in the fulfillment of its obligations and after explicitely having been informed of this by the other party, and does the other party not fulfill this obligation within a reasonable period, the other party is entitled to terminate the agreement without the other party owing any compensation. The services delivered until the termination are paid in the agreed manner.
9. When purchasing a service online, a free cooling-off period of 15 days applies until the start of the training at the latest.
§14 Personal Data
§ 15 Complaints
Saskia Bussink is committed to keep clients happy with the serviced provided. If shortcomings are found by the client during the execution of the assignment, the client is requested to submit the complaint, providing arguments, within a period of no more than two weeks after termination of the assignment, in writing to Saskia Bussink. As soon as possible after receipt of the complaint, the contractor will contact the complainant, in order to ensure adequate handling. If the handling of a complaint is not satisfactory, the complainant can submit a complaint about this to the complaints committee of the institute. This is an independent mediator appointed by Saskia Bussink and makes binding statements for both the complainant and Saskia Bussink. Every complaint as well as the handling of the complaint will be registered and kept for at least 2 years after the complaint has been processed.
You will also find these terms and conditions here.
Updated May 23, 2018