Article 1. Applicability of these conditions
These conditions apply to every offer and every agreement between the Coaching Affair and the client to which the parties have declared these conditions applicable, insofar as the parties have not deviated from these conditions expressly and in writing.
The present terms and conditions also apply to all agreements with Coaching Affair for the implementation of which third parties must be involved.
Article 2. Offers
Offers are based on the information given by the client. Client is responsible for providing all the essential information. Coaching Affair will provide the coaching and project services to the best of its knowledge and ability, and in accordance with the requirements of performing good workmanship. This obligation has the character of a 'best efforts obligation', because the achievement of the intended result cannot be guaranteed.
The quotations made by Coaching Affair are without obligation; they are valid for 30 days, unless stated otherwise. Coaching Affair is only bound by the offers if their acceptance is confirmed in writing by the other party within 30 days.
The client who is a natural person (not a company) has a reflection period of 14 days. This means that the client can withdraw a signed order confirmation (quotation) within 14 days, without additional costs unless he/she has already attained a session or multiple coaching sessions.
The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise. The rates and the cost estimates based thereon include the secretariat costs and other assignment-related costs unless stated in the quotation or agreement is expressly stated otherwise. In that case, the actual costs will be charged separately to the client.
The rates and the cost estimates based thereon do not include travel hours, travel, parking and accommodation costs unless stated in the quotation or agreement is expressly stated otherwise. The actual costs will be charged separately to the client.
Article 3. Implementation of an agreement for guidance
The Coaching Affair will execute the agreement to the best of its knowledge, ability and in accordance with the requirements of good workmanship.
If and insofar as required for the proper execution of the agreement, Coaching Affair has the right to have certain activities performed by third parties. This will always be done in consultation with the client.
The client will ensure that all information of which Coaching Affair indicates that it is necessary or of which the client should reasonably understand that it is necessary for the performance of the agreement is provided to Coaching Affair in a timely manner. If the information required for the execution of the agreement has not been provided to Coaching Affair on time, Coaching Affair has the right to suspend the execution of the agreement and / or to charge the additional costs resulting from the delay to the client according to the usual rates.
Coaching Affair is not liable for damage, of whatever nature, due to the fact that Coaching Affair has assumed incorrect and / or incomplete information provided by the client, unless it should have been aware of this inaccuracy or incompleteness.
Article 4. Duration of the contract; execution time
The agreement is entered into for an indefinite period unless the parties explicitly agree otherwise in writing.
Article 5. Amendments to the agreement
If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly.
If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be affected. Coaching Affair will inform the client of this as soon as possible.
If the change or addition to the agreement has financial and / or qualitative consequences, Coaching Affair will inform the client about this in advance.
If a fixed fee has been agreed, Coaching Affair will indicate to what extent the change or supplement to the agreement will result in this fee being exceeded.
Contrary to paragraph 3, Coaching Affair will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to it.
Article 6. Confidentiality
The parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other 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 arises from the nature of the information.
The assignment will not be referred to externally by the Coaching Affair without the client’s consent.
Article 7. Intellectual property
All documents provided by Coaching Affair, such as exercises, tests, reports, assessments, sketches, drawings, software, etc., are exclusively intended to be used by the client and may not be reproduced by him / her without the prior consent of Coaching Affair.
Coaching Affair also reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 8. Cancellation
Client agrees that it is the Client's responsibility to notify the Coach or reschedule a session 24 hours in advance of the scheduled calls/meetings, unless it is indeed an emergency. The client agrees that if the client is late for a session more than 15 minutes, the
session is canceled without an option to reschedule. Also, if the client is late, the session will always end on time.
Article 9. Pausing of services
Pausing of services is not allowed within the 6 months window. Once the 6 months window is over, the client may pause coaching services for a period of 1 month maximum. Client needs to give 30 day notice to be granted the pause of services. If the client does not wish to continue upon 30 days, the termination clause applies additionally.
Clients may return to Coaching Affair, however the price list is not guaranteed. All rescheduled sessions need to be completed within a period of maximum 3 months from the end of the program.
Pause clause - maximum one month to pause the payment (when payment plan applies).
Article 10. Termination
All sales are final for the period of 6 months. Both parties, Client and Coaching Affair, may terminate the contract upon the 6 months period by giving a 30 day notice.
All events, products and services purchased are non-refundable. If a payment plan has been agreed, you will be held accountable in completing the agreed payments at the agreed times.
Article 11. Dissolution of the agreement
The claims of Coaching Affair against the client are immediately due and payable in the following cases:
if after the conclusion of the agreement, the Coaching Affair becomes aware of circumstances that give the contractor good reason to fear that the client will not fulfill its obligations;
if the Coaching Affair has asked the client to provide security for compliance when concluding the agreement and this security is not provided or is insufficient.
In the aforementioned cases, Coaching Affair is entitled to suspend the further execution of the agreement or to proceed to dissolve the agreement, all this without prejudice to the right of the contractor to claim compensation.
Article 12. Defects, complaint periods
Complaints about the work performed must be reported to Coaching Affair in writing by the client within 8 days after discovery, but no later than 14 days after completion of the work in question.
The complaint will be dealt with as quickly as possible and will be treated in confidence.
If a complaint is well-founded, Coaching Affair will still perform the work as agreed; unless this has meanwhile become demonstrably pointless for the client. The latter must be made known in writing by the client.
If it is no longer possible or useful to provide the agreed services as yet, Coaching Affair will only be liable within the limits of its Terms & Conditions.
Article 13. Payments
Payment must be made within 7 days of the invoice date, in a manner to be indicated by the contractor and in the currency in which the invoice is made, unless otherwise agreed.
If payment is not made (more than thirty days after the invoice date), the statutory interest will be charged, without notice of default being required. If payment is not made, Coaching Affair can suspend the execution of the assignment.
Is the client in default or does he/she fail in any other way in complying with one of the or more of its obligations, then all reasonable costs will be incurred to obtain payment on his/her behalf, both judicial and extrajudicial. If the assignment is given by more than one client, all clients are jointly and severally liable for the fulfillment of the obligations as indicated in this article (regardless of the name of the declaration).
Article 14. Liability
Coaching Affair is liable for shortcomings in the execution of the assignment, insofar as these are the result of an omission by Coaching Affair of the care, expertise and the expertise to which when issuing advice within the framework of the command can be trusted.
The liability is limited to the insurance policy amount. The client should submit his/her claim to the Coaching Affair insurer and resolve the issue directly with the insurance company.
Coaching Affair assumes the legal liability of clients towards third parties insofar as this is directly related to the execution of the work associated with the assignment. In the division of liability between client and contractor must observe the standards of reasonableness and fairness and the industry-standard limitations of liability are observed.
The liability for damage caused by the shortcomings is limited to the amount of the contracted fee.
For assignments with a lead time longer than six months, a further limitation of the liability referred to here to a maximum of the invoice amount for the last six months.
Any claims by the client must be submitted within 6 months after discovering the damage.
Article 15. Privacy
Coaching Affair, responsible within the meaning of the Wbp, is responsible for and entitled to (digitally) process the personal data, which are collected in the context of the services referred to in these general terms and conditions. Coaching Affair ensures that any processors comply with applicable laws and regulations.
Coaching Affair only provides data to executing professionals if an agreement of confidentiality has been signed with this and only in the context of the execution of an assignment. The foregoing does not affect the fact that data can sometimes be traced back to an individual person by consulting public registers and social media.
Article 16. Complaints and Dispute Settlement
The Coaching Affair and the client agree to handle disputes in accordance with the ICF complaints procedure.
If no settlement is reached in accordance with this arrangement, disputes arising from this agreement, or further agreements thereof, or legal relationships arising therefrom, will be submitted to the court in Amsterdam in the first instance, to the exclusion of others.
Article 17. Applicable law
Dutch law applies to every agreement between the contractor and the client.
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Paulina Stankiewicz C-suite Coaching is a company founded by Paulina Stankiewicz, based in the Netherlands.
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