Article 1 – Definitions and applicability

In these general terms and conditions the following definitions shall apply:

1. Contractor: Van Wijk Consult, registered in the trade register under number: 30238498, which uses these general terms and conditions to offer services.
2. Principal: the person or body who commissions the Contractor to perform services.
3. Client: the person who uses one of the services offered by the contractor.
4. The principal and the client may, but need not, be the same.
5. Unless otherwise agreed in writing, these general terms and conditions shall apply to all offers and agreements of the contractor.
6. Any deviations from these general conditions shall be valid only if expressly agreed upon in writing.
7. The applicability of any terms and conditions of the client is expressly rejected by the contractor unless expressly accepted by the contractor in writing.
8. No rights can be derived from the tacit non-application of these general conditions.

Article 2 – Quotations and offers

1. Quotes from the contractor are based on information provided by the client.
2. All quotations and offers of the contractor are without obligation, unless the offer expressly states otherwise.
3. Quotations are valid until the date indicated on the quotation. After this date, no rights may be derived from the underlying quotation.
4. Unless otherwise indicated in an offer, the prices quoted for companies are exclusive of VAT and for private clients inclusive of VAT.
5. Quotations do not automatically apply to future assignments.
6. The contractor cannot be held to a quotation if the client can reasonably understand that (part of) the quotation contains an obvious mistake or clerical error.

Article 3 – Conclusion and fulfillment of agreement

An agreement between the contractor and a client is established by offer and acceptance.

1. An order is granted by the signed return of an offer made by the contractor, or by agreement to an offer sent digitally by the contractor.
2. The agreement shall also be deemed to have been concluded in accordance with the tender submitted by the contractor as soon as the contractor has commenced the actual provision of services.
3. The agreement entered into with the contractor shall result in an obligation of effort for the contractor, not an obligation to achieve a result.
4. The contractor shall be obliged to perform the work to be performed by it to the best of its knowledge and ability, in accordance with the requirements of good workmanship.
5. The contractor performs its services in some cases (partly) with the help of third parties it engages.
6. In the event of force majeure, as a result of which fulfillment of the agreement cannot reasonably be required of the contractor, the performance of the agreement shall be suspended, to be fulfilled at a later date, or the agreement shall be terminated, all without any obligation to pay compensation.

Article 4 – Provision of information by the client

1. The client is obliged to provide all personal data requested by the contractor. The contractor will only ask for data necessary for the execution of the agreement. If after the conclusion of the agreement changes occur in the data provided by the client, this must be communicated to the contractor.
2. The contractor is not responsible for the consequences of not having received information from the client due to incorrect (address) data.

Article 5 – Payment

1. Payment shall be made within the period indicated on the invoice, in a manner to be indicated by the contractor, unless otherwise agreed upon. If no term has been agreed upon, payment must be made within 14 days of the invoice date.
2. If the client fails to pay the invoice on time, he shall be in default immediately and without notice of default. The client shall then owe statutory interest to the contractor. In that case, the contractor may decide to suspend the provision of services to the client or to terminate the agreement with immediate effect. The contractor shall notify the client in writing of its possible intention to suspend the services or terminate the agreement.
3. Objections to the amount of the invoice do not suspend the client’s obligation to pay.
4. All (extra)judicial costs involved in collection shall be borne by the principal.
5. Unless otherwise agreed in writing, the client is the one who is obliged to pay the agreed price for the services of the contractor.

Article 6 – Cancellation/termination of the agreement

1. The Contractor has the right to cancel a coaching session, coaching program, workshop or training course or refuse participation of a client or client, or refuse the coachee designated by the client, without giving any reason, in which cases the client is entitled to a refund of the full amount paid by it to the Contractor.
2. For Relationship Management agreements, the contractor has the right to terminate the work early without giving any reason. The client may request early termination of the agreement with reasons given. Early termination is regulated in the agreement.
3. Cancellation by the client can be done free of charge up to 6 weeks before the start of a coaching program, workshop or training. In case of non-cancellation, the client is obliged to pay the total amount of the coaching program, coaching session, workshop or training.
   In case the client or the client, after commencement of the coaching program or training, prematurely terminates the participation 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.
4. An individual coaching session can be cancelled or rescheduled free of charge up to 24 hours before the start. The service provider always tries to reschedule appointments. In case of cancellation within 24 hours the service provider is entitled to charge the previously agreed price.
5. The contractor has the right to terminate the agreement with immediate effect and without judicial intervention, if the client fails to fulfill the obligations arising from the agreement, including the obligations laid down in these terms and conditions, unless the client, after being reminded to do so in writing, still fulfills his obligations within 14 days after sending this reminder.

Article 7 – Liability and risk

1. The contractor accepts no liability to the client arising from any shortcoming or wrongful act attributable to the contractor.
2. If the contractor should be liable for any damage whatsoever, the liability shall be limited to a maximum of the amount of the total fee for an assignment given.
3. The limitations of liability contained in this article shall not apply if the damage is attributable to intent or gross negligence on the part of the contractor or its subordinates.
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, such liability shall be limited to the amount paid out under the liability insurance taken out by the contractor, including the excess borne by the contractor in connection with such insurance.

Article 8: Force majeure

The contractor shall not be bound to fulfill any obligation to the client if it is prevented from doing so by force majeure. The contractor may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, both parties are entitled to dissolve the agreement, without any obligation to compensate the other party for damages. Work performed by the contractor before the force majeure occurred may be invoiced to the client. .

Article 9 – Intellectual property and user rights

Copyright and any other intellectual property rights shall remain vested in the contractor. All documents produced and/or provided by the Contractor, such as reports, advice, calculations, etc., are intended solely for the Client’s use and may not be reproduced, disclosed, or implemented by anyone other than the Contractor without the Contractor’s prior consent, unless expressly agreed otherwise or unless the nature of the documents provided dictates otherwise.

Article 10 – complaints procedure

Any complaints about services provided by the contractor must be made known to the contractor in writing, stating reasons, within 8 days of their delivery. Failing this, the client shall be deemed to be in agreement with the services provided. The submission of a complaint shall not release the client from his payment obligation. The complaint made known will be answered in writing to the client by the contractor within 8 days after receipt, with a proposal to come to an agreement together with the intention to keep the relationship good.

Article 11 – final provision

1. If any provision of these general conditions is invalid or may be annulled, the other provisions of these general conditions shall remain in full force. To replace the void or voided provision, the contractor and the client will agree on a new provision in consultation. The purpose and purport of the original provision will be taken into account as much as possible.
2.  The agreement between the Translator and the Client shall be governed by Dutch law.
3. These conditions shall remain in force if the contractor changes name, legal form or owner.

Privacy regulations 

In order to carry out the assignment in the best possible way, the contractor keeps a record of personal and administrative data.To guarantee clients and clients that their privacy is protected and their data is handled with care, the contractor uses a privacy statement.

Article 1 – Personal data

1. The personal data provided by the client to the contractor are personal data in the sense of the Personal Data Protection Act (WBP). The contractor is responsible for ensuring that these personal data are processed in accordance with the WBP and in a proper and careful manner.
2. The personal data provided by the client are intended only for the purpose for which they were transferred and issued. This includes data that enable the contractor to carry out the order, data that enable the contractor to keep financial records and data that enable the contractor to contact the client.
3. The client may request to inspect his personal data and to correct, supplement or amend this data.

Article 2 – Confidentiality

1. The contractor shall treat all information about individual clients and about relations of clients confidentially and shall ensure that this information does not become known to third parties. Only in emergencies where the client’s own life or the lives of others are in danger or at risk of being endangered may this be deviated from.
2. The contractor shall ensure that this confidentiality obligation is also observed by any third parties engaged in the performance of its work.

Article 3 – Retention period

Personal data will not be kept longer than necessary for the execution of the assignment, unless otherwise agreed with the client.