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Terms and Conditions

Terms and conditions
Terms and Conditions Bureau Meander General Terms and Conditions for Providing Training, Courses, and Coaching

  • Article 1 Definitions

In these general terms and conditions, the following terms are defined:

  1. The contractor, Bureau Meander: the natural person or legal entity to whom the work is entrusted.
  2. The client: the natural person or legal entity commissioning the work.
  3. The specification: the description of the work and the regulations and conditions applicable to the work.
  4. The work: the work to be carried out, the course, training, coaching sessions, assignment, or the delivery or service to be provided.
  5. The agreement: the final authorization from the client to the contractor.
  6. Meeting: a lecture, gathering, congress, presentation, course, coaching, or any other performance by the contractor of a similar nature.
  7. Day: calendar day.
  8. Workday: a calendar day, unless it falls on a generally recognized or prescribed rest or public holiday or vacation day.
  9. Quote: the written proposal with a description of the work.
  • Article 2 Applicability
    • These general terms and conditions apply to all quotations and agreements between the contractor and the client.
    • These general terms and conditions are declared applicable in the contractor’s quotation. Upon confirmation of the order by the client, this applicability cannot be set aside. Even if the client declares their general terms and conditions applicable upon order confirmation or sets aside clauses in the contractor’s general terms and conditions, the contractor’s general terms and conditions remain fully applicable.
    • In case of conflict between the provisions in the general terms and conditions and the provisions of the agreement, the provisions of the agreement shall prevail over the provisions in the general terms and conditions.
  • Article 3 Quotation
    • All quotations are non-binding, meaning that the contractor is not obligated to adhere to them.
    • Each quotation is indivisible and valid for 30 days from the date of issue, unless expressly and in writing stated otherwise.
    • The quotation, if possible, specifies the starting time of the work.
    • All offers are made based on price inquiries. Prices in the quotations are exclusive of VAT, unless otherwise indicated.
    • The quotation, if possible, specifies the starting time of the work.
    • The quotation provides insight into the price and the pricing method that will be used, such as fixed price (contracting), target price, or open-book (time and materials). If an order does not follow a quotation, the costs of preparation and drafting the quotation may be invoiced, with prior written agreement from the client.
  1.  In the pricing method "contracting," the parties agree on a fixed amount (contract sum) for which the work will be carried out.
  2. In the pricing method "target price," the contractor makes the most accurate possible estimate of the costs of the work.
  3. In the pricing method "cost-plus," the contractor provides a precise breakdown of the price factors: hourly rate and unit prices of necessary materials and tools.
    • If an order does not materialize after a quotation, the costs of preparation and drafting the quotation can be charged. The client must provide written consent to this in advance.
  • Article 4 Formation of the Agreement
    • The agreement is concluded by the acceptance of the quotation by the client to the contractor.
    • Changes to the agreement or deviations from these general terms and conditions can only be agreed upon in writing.
  • Article 5 Price Adjustment

The contractor reserves the right to increase agreed prices. This can only be justified for periods not yet due. The increase must result from a change in circumstances occurring after the conclusion of the agreement. The change must be of such a nature that, under all reasonableness, the contractor cannot be expected to be bound by the agreed prices.

  • Article 6 Cancellation
    • Coaching appointments must be cancelled at least 12 hours before the service delivery time. If cancelled within less than 12 hours, the client will be charged for the appointment.
    • Een registratie voor een training/workshop kan zonder kosten worden geannuleerd tot 30 werkdagen voor de aanvang van de bijeenkomst. Wanneer een training/workshop geannuleerd wordt tussen 30 en 15 werkdagen voor de aanvang van de training/workshop, wordt 40% van het factuurbedrag in rekening gebracht. Indien annuleringen na 7 werkdagen voor het begin van de training/workshop worden gedaan, wordt 80% van de kosten in rekening gebracht. Mocht om welke reden dan ook een cursist niet komt opdagen of annuleren binnen 48 uur voor aanvang van detraining/workshop, dan zullen de totale kosten in rekening worden gebracht.
    • The contractor reserves the right to cancel a meeting for reasons beyond its control, up to 7 working days before the start of the meeting.
    • A meeting will only take place if, in the opinion of the contractor or the executing company, there are sufficient registrations.
  • Article 7 Changes

The contractor reserves the right to make changes to the accepted work, meeting, location, and dates without stating a reason. The contractor is not liable for any costs and damages incurred by the client as a result.

  • Article 8 Copyright and Intellectual Property
    • The copyright and intellectual property rights of materials provided by the contractor belong to the contractor. This includes all documents provided, such as: Quotations; Project descriptions; Readers; Presentations; Handouts; Reports; Advice; Methods.
  1. Quotations;
  2. Project descriptions;
  3. Readers;
  4. Presentations;
  5. Handouts;
  6. Reports;
  7. Advice;
  8. Methods.

 

  • All these materials are intended solely for use by the client. It is not allowed to reproduce the material in any way. It is not allowed to exploit the material again. Nor is it allowed to use the material for purposes other than those for which it was made available. Departures from these provisions can be made in the quotation, but only explicitly.
  • Article 9 Invoicing
    • Bureau Meander invoices the client within seven working days after the service has been provided. All invoices are generated by an approved data security system https://www.praktijkonline.com/praktijksoftware/. https://www.praktijkonline.com/praktijksoftware/.
    • For individuals, payment can be made directly via IDEAL after the coaching session. If the IDEAL payment method is not used, the invoice must be settled by the client within 14 days.
    • In the case of training, invoicing takes place after the confirmation of registration. Payment must be received by the contractor 14 days before the start of the meeting. If this is not the case, the participant will not be admitted to the meeting. If, for any reason, the contractor has not sent the invoice on time, the course fees must be paid within eight (8) days of the invoice date. Payment must be made by bank transfer to the account specified on the invoice, stating the invoice number and invoice date.
    • The client must pay the amount stated on the invoice to the contractor without any deduction, discount, or setoff. Payment must be made within the term stated on the invoice.
    • In case of late or incomplete payment, the client is in default, without the need for the contractor to first declare the client in default in writing. Moreover, the client is liable for statutory interest on the outstanding amount, calculated from the invoice date.
  • Article 10 Liability and Force Majeure
    • The contractor may invoke force majeure. This renders the execution of the work impossible due to a cause that cannot be attributed to the contractor. This cause is also not within the contractor’s risk. Therefore, the contractor cannot be required to complete the work within the agreed-upon period. The contractor is entitled to an extension of time or is authorized to terminate the execution of the work and charge the costs incurred to the client.
    • If the execution of the work becomes impossible due to a cause that cannot be attributed to the client (force majeure) and is also not within the client’s risk, the client is entitled to terminate the work against reimbursement of costs incurred by the contractor.
    • Force majeure is understood to mean all circumstances beyond the control of the parties that reasonably make the performance of the agreement very difficult or impossible. This includes, among other things: delayed delivery of timely ordered materials; transportation difficulties; mechanical and other disruptions affecting the contractor’s business. In any case, crime, riot, fire, strike, lockout, occupation, natural disasters, floods, epidemics, or war are also considered force majeure.
    • The party invoking the non-performance of the agreement by the other party is obliged to take all necessary measures to limit the damage suffered. If these measures entail costs, these costs will be reimbursed by the counterparty.
  • Article 11 Liability
    • The contractor accepts no liability for defects in services provided by her, unless these are the result of intent or gross negligence.
    • The liability of the contractor can never exceed the invoice amount.
    • The contractor ensures adequate insurance against liability.
    • Any compensation can never exceed the maximum payout of this insurance. The contractor reserves all legal and contractual defences that she can invoke to defend her liability towards the client, also on behalf of her subordinates and non-subordinates for whose actions she would be liable under the law.
    • The contractor is never liable for consequential damages.
  • Article 12 Personal Data Processing
    • The personal data of the client and any other individuals whose assignment has been accepted by the contractor will be included in her customer database.
    • All coaching plans, session notes, and client information are stored in a data security system, PraktijkOnline, https://www.praktijkonline.com/praktijksoftware/. The contractor keeps personal data to a minimum, in any case, no sensitive data.
    • The data will be retained for as short a period as possible.
    • The data will be retained for as short a period as possible.
    • The contractor does not disclose personal data to third parties without the client’s consent unless any legal requirement obliges her to do so.
  • Article 13 Applicable Law
    • Dutch law applies to this agreement. Any disputes will be submitted to the court with jurisdiction in the district where the contractor is established.
    • The contractor is free to submit a dispute to another competent court.
    • The invalidation of one or more provisions of these General Terms and Conditions by judicial decision does not affect the remaining provisions.
  • Article 14 Version(s)

These general terms and conditions are published on the contractor’s website. They will be sent upon request and are always accessible to the client. The client is familiar with the content of the conditions. The contractor is free to publish a new version of the conditions, which applies to agreements entered into on the date of publication.

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