Terms and Conditions
Coaching & Consulting Selena Dolderer (CCSD)
The Terms and Conditions must be known to the client (customer) before and during the conclusion of the agreement. CCSD is not responsible for printing, typesetting or typographical errors. CCSD is not bound to execute the order at the misrepresented price or terms. All written agreements that differ from these terms and conditions take precedence over these terms and conditions.
Definition of contractor: Coaching & Consulting Selena Dolderer (CCSD), Selena Dolderer
Definition client: Contractor's counter-party; the person, company or body that issues the order for the work.
1. General
These general terms and conditions apply to all offers from and assignments to CCSD.
2. Rates and VAT
a) Link With Me reserves the right to change rates for life coaching, career coaching, team coaching, online coaching, consultancy, training and workshops without further notice. In accordance with tax regulations, 21% VAT is billed.
b) CCSD offers the possibility of a payment arrangement for those who deem it necessary. This is only valid when the payment arrangement is agreed in writing by both parties.
3. Payment Terms
a) The invoice amount must be received by CCSD no later than 14 days after the invoice date, unless otherwise specified in the order confirmation. Failure to pay the invoice on time does not release the client from the obligations undertaken.
b) For (online) coaching programs, team coaching, workshops and trainings, the invoice amount must be paid before the start of the conversation, workshop or training, unless otherwise indicated on the invoice.
c) If the client fails to pay an invoice on time, the client shall be in default by operation of law. The client shall in that case owe the statutory interest.
d) If the client fails or is in default in the (timely) fulfillment of its obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the client. The extrajudicial costs shall be calculated on the basis of what is customary in Dutch collection practice.
4. Cancellation/ termination of the agreement
a) The Contractor is entitled to cancel a coaching program or refuse a client's participation 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 minus costs already incurred.
(b) The client for an (online) coaching program has the right to cancel participation in or assignment for a coaching program by digital or written notification.
c) The client may cancel the order for an (online) coaching program up to 14 days after the first coaching session. In this case the client is entitled to a refund of the full amount paid by him/her/them to the service provider minus costs already incurred. This does not apply to workshops and trainings. In case of cancellation after 14 days the client is not entitled to a refund or different agreements were made in the contracts agreed on by both parties.
d) In case the client or the coachee designated by the client after the start of the coaching program terminates the participation prematurely or does not participate in it in any other way, the client is not entitled to any refund, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
e) An individual coaching session may be cancelled or rescheduled free of charge up to 48 hours before the start of the session. In case of cancellation and/or rescheduling of the conversation less than 48 hours before the start of the conversation, the contractor is entitled to charge the full rate agreed upon for the conversation with the exception of special cases and illness, at the discretion of the contractor. In the case of workshops and trainings, the client is entitled to attend a subsequent workshop or training provided it has the same price. There is a possibility of a refund of the amount here only by agreement and at the discretion of the contractor.
f) If an assignment cannot be performed on the planned dates due to force majeure on the part of the contractor, the client will be informed; new dates will then be determined by mutual agreement. Rescheduling for this reason shall not entitle the client to cancellation or compensation.
g) If the client substantially fails in the fulfillment of its obligations and, after being expressly pointed out by the contractor, fails to fulfill this obligation within a reasonable period of time, the contractor shall be entitled to terminate the agreement without the contractor owing the client any compensation. The services provided up to the termination shall be paid for in the agreed manner.
5. Property
All materials for coaching, workshops and trainings are the property of CCSD and may therefore not be reproduced and / or offered to third parties without written permission from CCSD.
6. Secrecy
a) All information, resulting from the cooperation between CCSD and the clients, will be considered strictly confidential and treated as such.
b) The coach of CCSD (namely Selena Dolderer) keeps her duty of confidentiality and communicates about matters regarding the participant and/or coachee only when he has agreed to this and has been informed.
c) CCSD may use certain topics from coaching conversations anonymously in the context of training, peer review or social media. Only with the approval of coachee can coaching conversations not be recorded anonymously.
d) CCSD protects client privacy according to the most current privacy statement on the website https://www.selena-dolderer.nl.
7. Conclusion of the agreement
The agreement is valid from the moment the offer provided by CCSD is confirmed in writing, orally or electronically by the client.
8. Client's obligation
a) Client is required to provide all information and documents, which CCSD needs for the correct execution of the assignment given, in a timely manner.
b) At the request of the client, the documents made available shall be returned. If not requested, the documents shall be destroyed by the contractor after the assignment.
9. Execution of assignment
a) CCSD determines the manner in which and by which person(s) the granted assignment will be carried out. The client will always be informed of this.
b) CCSD may at any time involve third parties in the execution of the assignment. For example certified colleague coaches, therapists etc. The client will be informed about this.
c) Client and contractor are aware that coaching does not constitute therapeutic treatment, nor any other form of therapy. Coaching is not a substitute for professional, legal, medical or financial advice. The contractor and the client are aware of the contractor's own responsibility for the results to be obtained from the coaching.
10. Force Majeure
CCSD is not obliged to fulfill any obligation towards the client if he is hindered to do so as a result of a circumstance which is not due to fault, and which is not for his account under the law, a legal act or generally accepted practice. In addition to what is understood in law and jurisprudence in this respect, force majeure is understood to mean all external causes, foreseen or unforeseen, over which the contractor can exercise influence, but which prevent the contractor from fulfilling his obligations.
11. Liability
(a) The Contractor shall make every effort to perform the given order to the best of its knowledge and ability. The Contractor accepts no liability whatsoever, however arising, for damage caused by or in connection with services performed by it, unless the Client proves that the damage was caused by intent or gross negligence on the part of the Contractor.
b) The contractor's liability shall be limited to the invoice value of the order, at least that part of the order to which the liability relates.
c) Notwithstanding the provisions of paragraph 2 of this article, in the case of an assignment with a duration of more than six months, liability shall be further limited to the invoice amount due over the last six months.
(d) 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 of the payment made under the general liability insurance policy taken out by the Contractor, subject to the deductible borne by the Contractor in connection with such insurance.
e) Any liability of the Contractor for trading losses or other indirect or consequential damages of any kind is expressly excluded.
12. Disputes
For disputes regarding the nature or content of the coaching, the client may use CCSD’s complaint procedure. All complaints from the client can be made known to the contractor via [email protected]. All agreements between the client and the assignee are governed by Dutch law. For questions about these terms and conditions, please contact CCSD at [email protected].
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