General terms and conditions People Support by Renate

Article 1            Definitions

  1. People Support, established in Leiderdorp, KvK number 69925631, is referred to in these general terms and conditions as contractor.
  2. The other party shall be referred to in these general terms and conditions as client.
  3. Agreement means the contract of assignment under which the contractor performs work for the client against payment and under which the general terms and conditions have been declared applicable.


Article 2            Applicability of general terms and conditions

  1. These terms and conditions shall apply to all offers, invoices, work, agreements, delivery of services and products by or on behalf of the contractor to which it has declared these terms and conditions applicable, insofar as these terms and conditions have not been explicitly deviated from in writing.
  2. The conditions also apply to actions of third parties, including staff, engaged by the contractor in the context of the order.
  3. The most recently sent version of these general terms and conditions shall always apply.
  4. The applicability of the customer's general terms and conditions is explicitly rejected.
  5. If one or more provisions in these general terms and conditions should at any time be wholly or partially void or declared null and void, the other provisions of these general terms and conditions shall remain fully applicable.


Article 3            Tenders

  1. If the offer does not specify an acceptance period, the offer expires after 30 calendar days. The contractor is entitled to charge preparation costs.
  2. A date is only definitely reserved after acceptance of the offer. As long as the offer has not been accepted, the contractor is entitled to enter into another assignment for the desired date.
  3. The contractor cannot be held to its offer if the customer could reasonably understand that the offer, or part thereof, contains an obvious mistake or clerical error.
  4. Quotations do not automatically apply to follow-up orders.


Article 4            Rates and payments             

  1. The agreement is entered into for a definite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
  2. The quotation will state the price of the chosen service or package or the contractor's usual hourly rate. Any other additional costs, such as travel, parking and material costs, will be invoiced separately if necessary.
  3. If no fixed price has been agreed, the contractor's usual hourly rate will be charged. If it turns out that more effort is required than the previously agreed number of hours, this will be communicated to the customer in good time. The amount finally invoiced will be calculated in accordance with the contractor's usual hourly rates on the basis of hours actually used.
  4. Acceptance of the offer creates the obligation to pay. The contractor is entitled to require a down payment and to invoice in instalments. The contractor is entitled to suspend the work until the (next) payment has been made.
  5. Also when accepting an offer regarding a trajectory, customer agrees that this entire trajectory should be paid for, even if customer wishes to terminate the trajectory in the interim, unless otherwise agreed.
  6. A single appointment will be invoiced afterwards.
  7. The fees agreed when entering into the agreement are based on the price level applicable at that time. The contractor has the right to adjust the fees at any time when changed circumstances require this.
  8. Invoices must be paid within 14 calendar days of the invoice date, unless the parties have agreed otherwise in writing or the invoice states a different payment term.
  9. If the customer fails to pay an invoice on time, he shall be in default by operation of law and shall owe statutory interest. The interest on the amount due will be calculated from the moment the customer is in default until the moment the full amount due is paid.
  10. If the customer defaults or is in default in the fulfilment of his obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the customer.
  11. In the event of the liquidation, bankruptcy, attachment or suspension of payments of the customer, the claims of the contractor on the customer will be immediately due and payable and any licences granted will lapse.


Article 5            Disclosure

  1. The customer shall make all information relevant to the execution of the order available to the contractor in good time.
  2. The customer guarantees the accuracy, completeness and reliability of the data made available, even if they originate from third parties. The contracted party will treat the data confidentially.
  3. The customer indemnifies the contracted party against any damage resulting from failure to comply with the provisions of this article.
  4. If the customer fails to make the requested data available or to do so in time and the execution of the order is delayed as a result, the additional costs resulting from this will be borne by the customer.


Article 6            Execution of the agreement

  1. The Contractor shall perform assignment to the best of its knowledge and ability. It is not liable for not achieving the result the customer intended. In addition, the contractor cannot guarantee results; these are partly dependent on other factors and persons in the customer's company. If the contractor encounters opposition from another party during performance of the agreement, it cannot be held liable for reduced results as a result.
  2. Because some of the Contractor's services are provided online, it cannot guarantee that its services will be accessible at any time at any location.


Article 7            Modification of the agreement

  1. If, during the execution of the assignment, it appears that it is necessary to modify or supplement the work to be performed, the parties shall adjust the agreement in a timely manner and in consultation.
  2. If the parties agree that the agreement will be amended or supplemented, the time of completion may be affected. The contractor shall inform the customer of this as soon as possible.
  3. If the contractor is unexpectedly unable to perform the agreed work, or other circumstances prevent the performance of the agreement, the parties will consult to reschedule the agreement or, if necessary, a replacement will be provided.
  4. If the contractor cannot perform the work in person, it may be decided to continue the work online. This will not entitle customer to any refund.
  5. If customer wishes to cancel the agreement, the following cancellation conditions apply: for cancellation within 14 calendar days before the start of the work, 50% of the quoted amount will be charged, unless otherwise agreed. In case of cancellation during the agreed term, the payment obligation remains intact, unless a legal obligation stipulates otherwise.
  6. A single session can be rescheduled free of charge up to 24 hours before the start; in case of rescheduling or cancellation within 24 hours, or absenteeism, the session will be cancelled and charged 50%.
  7. It is not possible to exchange and/or return purchased digital products. By ordering and paying for the digital products, customer gains access to their purchase. Customer expressly agrees that he thereby waives the right to use reflection time and the right to revoke the contract.


Article 8             Online training

  1. If the offer is accepted and a training course is purchased online, an immediate payment obligation arises for the customer.
  2. Customer receives access to the training after purchase. The training is thus excluded from the right of withdrawal, which means that the customer is not entitled to cancel the purchase and receive a refund. If the content is made available in parts, in the event of cancellation Customer is obliged to refund the content made available up to that point pro rata.
  3. Customer will receive access to the content only after payment of the agreed amount.
  4. The Contractor has the right to adjust the fees when providing an online training course again. It also has the right to adjust the price in the run-up to a training course for promotional purposes.
  5. The Contractor shall perform the Agreement to the best of its knowledge and ability. However, she is not responsible for not achieving the result that customer intended with purchase.
  6. Customer remains at all times responsible for applying or performing knowledge or actions as gained during training.
  7. Due to the use of a third-party platform to deliver the training, the Contractor cannot guarantee that the training will be available at any time and location.
  8. The Contractor retains the right to refuse participation at any time.
  9. Contractor is entitled to expand, limit or modify the content of a training course.
  10. Client acquires a limited and personal right to use the content of the training for personal purposes. The training is intended to inspire, not to copy. Client may share portions of the content on social media to a limited extent when this material is provided with the Contractor's name.
  11. The information provided during the course will remain the property of the contractor. It will indicate in a timely manner until when the content is available. It is the customer's own responsibility to review the material in a timely manner and where given the opportunity to save it.
  12. If a community is attached to a training course, customer declares not to send spam or otherwise unwanted communications. Acting in violation of these terms and conditions may result in immediate denial of access and use of the contractor's services.
  13. The contractor is free at all times to remove communications or other parts of the shared information without further notice, if the content of these communications and information justifies their removal.
  14. The contractor reserves the right to exclude participants whose behavior impedes or complicates the course of a training session from further participation and, if necessary, from future participation. Exclusion does not affect the obligation to pay the fees for the relevant content.


Article 9          Force majeure

  1. In the event of force majeure, the parties shall be entitled to interrupt or reschedule the agreement. Force majeure exists, among other things, if the performance of the agreement is prevented, temporarily or otherwise, by circumstances beyond the reasonable control of the parties, such as illness, accidents, fire or government measures.
  2. If a situation as described in the first paragraph of this article occurs, or other circumstances occur as a result of which the agreement cannot be continued temporarily, the obligations will be suspended for as long as the parties are unable to fulfill their obligations. The parties shall jointly seek a solution in such a situation. If this situation continues without a suitable solution, both parties have the right to dissolve the agreement in writing without undoing it. The expenses and hours worked up to that point shall become immediately due and payable.
  3. In the case of a business agreement, the parties are bound to move the agreement and the payment obligation remains intact.


Article 10          Liability damage

  1. Contractor shall not be liable for damages arising under this Agreement unless the damages were caused intentionally or with gross negligence.
  2. Octrooibureau Novopatent shall not be liable for damages arising from the fact that it has relied on incorrect or incomplete information provided by or on behalf of Client.
  3. Client is ultimately responsible for checking the quality of the work performed.
  4. Client remains at all times responsible for applying or performing knowledge or actions as acquired during an agreement.
  5. If damage is caused by customer or his guests to material brought by contractor, or such material is lost during the performance, customer shall be obliged to compensate the replacement value.
  6. In the event that the contractor owes compensation to customer, the damage shall not exceed the amount paid by the liability insurance, or pro rata to the agreement, to the extent deemed reasonable by a court.
  7. Customer shall indemnify Contractor against all third party claims related to the services and products provided by it.


Article 11          Intellectual property

  1. The intellectual property rights to the materials and content provided by the contractor to the customer are vested in the contractor. The customer is expressly not permitted to reproduce, publish or make available to third parties the materials and content provided without prior permission.
  2. Customer is not entitled to make image and/or sound recordings during a session or offline training, unless otherwise agreed.
  3. Any act in violation of the provisions of this article shall be considered copyright infringement.
  4. In the event of infringement, the contractor shall be entitled to compensation amounting to at least three times the license fee usually charged by the contractor for such form of use, without losing any right to compensation for other damage suffered.
  5. By entering into the agreement, the customer gives the contractor permission to use visual material for advertisements, social media, magazine articles, printed matter, exhibition material, portfolio and demonstration material, unless an explicit objection is made to this prior to the agreement.


Article 12        Special provisions

Both parties are bound to keep all confidential information obtained in the context of their agreement confidential. Customer is referred to the privacy statement for more information.


Article 13          Additional provisions make-up

  1. Customer must ensure adequate space, sufficient (day) light and the availability of cold and hot water for proper performance.
  2. If customer is not satisfied with the execution delivered due to factors that were known in advance, or situations that fall under article 10 of these terms and conditions, are no reason to redo the work free of charge.
  3. If customer is late for the agreed upon work, this may affect proper execution.
  4. Contractor does not acknowledge liability for allergic reactions. Materials used are skin-friendly and medically tested, but it cannot be excluded that skin may react sensitively.


Article 14          Complaints

  1. Customer is obliged to communicate complaints about offers, invoices and/or the services provided to Contractor in writing and with reasons as soon as possible, but at the latest within 7 calendar days after the complaint arose. It shall endeavor to deal with complaints within 7 calendar days.
  2. The contractor must be given the opportunity to remedy the defect.
  3. Filing a complaint does not suspend the payment obligation.


Article 15          Dispute resolution

  1. These general terms and conditions are governed by Dutch law.
  2. The parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
  3. All disputes will be settled by the competent court in the district in which the contractor is established, unless a legal obligation stipulates otherwise.
  4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the contractor and third parties involved is 12 months.