General Terms & Conditions Nikki Nooteboom Coach & Counselor

General terms and conditions Nikki Nooteboom Coach & Counselor

Last revision (address): 15 juli 2022

Nikki Nooteboom Coach & Counselor
KvK: 83217878
Official residence:
De Savornin Lohmanlaan 150
2566AT Den Haag
Nederland

info@traumatherapeut.eu
info@coach-counselor.com

Websites:

www.coach-counselor.com
www.traumatherapeut.eu

 

Content of the website

Nikki Nooteboom Coach & Counselor takes the utmost care in realizing and updating the website, as well as verifying its content. Although Nikki Nooteboom Coach & Counselor makes every effort to ensure that the content of the website is as accurate as possible, Nikki Nooteboom Coach & Counselor cannot guarantee that all available information is complete, correct and current. The content of the website, including brands and logos, photos, texts, illustrations, etc. are protected under intellectual property law.

The user hereby obtains a limited, non-exclusive right of use to consult this content for purely personal use. Any other form of reproduction, distribution and/or communication to the public without the prior written consent of Nikki Nooteboom Coach & Counselor is strictly prohibited. Nikki Nooteboom Coach & Counselor cannot be held liable for the unavailability of the website, or for incomplete or incorrect information.

Article 1. Applicability & Definitions

These general terms and conditions apply to all written offers and agreements of or with and all related acts, both of a preparatory and executive nature.

1. In these general terms and conditions, the following definitions apply:
   • NN C&C: The professional who operates under the name of Nikki Nooteboom Coach & Counselor.
   • The client/principal: The natural or legal person who issues the assignment.
   • The agreement: The written agreements between the client and NN C&C.
   • Written: Communicating by email or physical mail
   • Session: The scheduled time for the guidance/coaching of the client by NN C&C
   • The website: Applies to the following websites owned by NN C&C:
     • www.coach-counselor.com
     • www.traumatherapeut.eu
     • www.traumatherapist.eu
       
       

2. These conditions apply to every offer and every agreement between NN C&C and the client to which the parties have declared these conditions applicable, insofar as the parties have not expressly deviated from these conditions in writing.
   The present terms and conditions also apply to all agreements with NN C&C, for the execution of which third parties must be involved.

Article 2. Agreement

1. An agreement is concluded after written confirmation by email by NN C&C of the agreements made during previous consultations during introductory meetings.
2. If there is no agreement for a fixed period or number of coaching sessions, a new agreement is entered into for the next session by scheduling this. This means that the client can stop the coaching and guidance by NN C&C at any time by not agreeing a follow-up session.
3. If there is an agreement for a fixed period or number of coaching sessions, the client is bound by the content and duration of the agreement.

Article 3. Quotations and rates

1. The current rates are stated on the website and will be confirmed in writing to the client at the start. Changes in rates will be implemented at most once a year and communicated to the client one month before entry.
2. If the session lasts longer than the duration indicated in the rate, the rate will be increased proportionally based on the extra time.
3. The rates in quotations and on the website include VAT, unless stated otherwise.
4. Quotations made by NN C&C are without obligation; they are valid for 30 days unless otherwise specified. NN C&C is only bound by the offers if the acceptance thereof is confirmed in writing by the other party within 30 days.
5. A quotation becomes an assignment as soon as the quotation has been confirmed in writing.
6. An appointment for a session is final if it is jointly agreed orally and/or in writing.
7. Quotations are based on the information available at NN C&C.

Article 4. Orders and cancellation

1. The assignment is established by scheduling the next session(s)/appointment in joint consultation, which will be confirmed in writing by NN C&C.
2. The duration of a session can vary and is determined in consultation between the client and NN C&C. The hourly rate is as stated on the website or in the mutual communication.
3. Additional work/time will be invoiced in arrears on the basis of the hourly rate.
4. An appointment made for a session can be moved free of charge up to 24 hours in advance.
5. Within 24 hours before the start of the appointment, 50% of the amount will be refunded in case of relocation. If the amount due has not yet been paid by the client, 50% of the amount to be paid will be invoiced.
6. An appointment (oral or written) for a session can only be canceled free of charge within 48 hours, the amount paid will not be refunded and must be paid in full within 48 hours. If the amount to be paid has not yet been paid by the client, the amount due will be charged in full.
7. In case of a no-show (not showing up for the appointment), no refund will be made. If the amount due has not yet been paid, the amount due will be charged in full

Article 5. Execution of a supervision agreement

1. NN C&C will perform the agreement to the best of its knowledge, ability and in accordance with the requirements of good workmanship.
   Coaching is not intended to replace therapy by a psychologist or psychotherapist, or medical treatment of any kind. Personal development and the implementation of advice is always the client’s responsibility.
2. If the client is under medical supervision (this also includes the (mandatory) taking of certain medication), the client submits explicit permission to follow a workshop, training, education, coaching trajectory. If the customer shows negligence in this, no liability can be invoked afterwards.
3. The client shall ensure that all information, which NN C&C indicates is necessary or which the client should reasonably understand to be necessary for the execution of the agreement, is provided to NN C&C in a timely manner. If the information required for the execution of the agreement has not been provided to NN C&C in time, NN C&C has the right to suspend the execution of the agreement and/or charge the extra costs resulting from the delay to the client according to the usual rates. to bring.
4. A summary of all conversations will be drawn up by NN C&C and included in the anonymized Coaching Report. This will always be sent in updated version via email to client after every session. The Client is obliged to read this summary and to notify NN C&C immediately if it contains errors or misunderstandings.
5. If and insofar as required for proper performance of the agreement, NN C&C has the right to have certain activities performed by in collaboration with third parties. This will always take place in consultation with the client.
6. The Contractor is not liable for damage, of whatever nature, because NN C&C relied on incorrect and/or incomplete information provided by the client, unless it should have been aware of this inaccuracy or incompleteness.

Article 6. Contract duration; execution time

1. The agreement is entered into for an indefinite period unless the parties expressly agree otherwise in writing;

Article 7. Amendment of the agreement

1. 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 in good time and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. NN C&C will inform the client of this as soon as possible.
3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, NN C&C will inform the client about this in advance.
4. If a fixed fee has been agreed, NN C&C will indicate to what extent the amendment or supplement to the agreement will result in this fee being exceeded.
5. Contrary to paragraph 3, NN C&C 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 8. Confidentiality

1. 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 results from the nature of the information.
2. NN C&C will only inform external parties, such as general practitioners or other medical specialists, about participation in coaching at NN C&C and the progress of the application with explicit permission. This will always be of a general nature, unless the client gives permission for the file to be submitted.
3. NN C&C will not refer to the assignment externally without the client’s permission.
4. An exception to confidentiality applies if NN C&C believes that the client poses a danger to itself or someone else. In that case, the usual authorities will be informed.

Article 9. Intellectual property

1. Without prejudice to the provisions of Article 7 of these terms and conditions, NN C&C reserves the rights and powers it is entitled to under the Copyright Act.
2. All documents provided by NN C&C, such as exercises, tests, reports, assessments, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be reproduced by him without prior permission from NN C&C, publicly made or disclosed to third parties.
3. NN C&C also reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.

Article 10. Termination

1. The client can terminate the cooperation by indicating orally or in writing that he does not wish to continue with the coaching by NN C&C. NN C&C will confirm this in writing. If NN C&C is of the opinion that progress with the relevant client is not in its interest or in the interest of the client itself, it will notify this in writing.
2. After cancellation, the client will receive the latest version of the file via anonymized PDF by email.
3. If there is an agreement with an indicated duration of longer than one year, the parties must observe a notice period of at least 1 month.

Article 11. Dissolution of the agreement

1. NN C&C’s claims against the client are immediately due and payable in the following cases:
   if circumstances come to the attention of NN C&C after the agreement has been concluded give the contractor good grounds to fear that the client will not fulfill its obligations;
2. if NN C&C has asked the client when concluding the agreement to provide security for compliance and this security is not forthcoming or is insufficient.
3. In the cases mentioned, NN C&C is authorized to suspend the further execution of the agreement or to proceed to dissolve the agreement, without prejudice to the contractor’s right to claim compensation.

Article 12. Defects, complaint periods

1. Complaints about the work performed must be reported to NN C&C in writing by the client within 8 days after discovery, but no later than 14 days after completion of the work in question.
2. NN C&C will confirm the complaint within 8 days of receipt, stating the contact person. Furthermore, the complaint will be handled as quickly as possible and treated in confidence.
3. If a complaint is justified, NN C&C will still perform the work as agreed; unless this has become demonstrably pointless for the client. The latter must be made known in writing by the client.
4. If the performance of the agreed services is no longer possible or useful, NN C&C will only be liable within the limits of Article 16.
5. The compensation that Nikki Nooteboom Coach & Counselor may be obliged to pay is limited to the total invoice amount of the customer.
6. Nikki Nooteboom Coach & Counselor is registered with the Healthcare Disputes Committee through ZZP Nederland under number: 11095168

Article 13. Fee

1. A. Paragraphs 2, 5 and 6 of this article apply to offers and agreements in which a fixed fee is offered or has been agreed.
2. B. If no fixed fee is agreed, paragraphs 3 to 6 of this article apply.
3. The parties can agree on a fixed fee when the agreement is concluded. The fixed fee includes VAT.
4. If no fixed fee is agreed, the fee will be determined on the basis of hours actually spent. The fee is calculated in accordance with NN C&C’s usual hourly rates, applicable for the period in which the work is performed, unless a deviating hourly rate has been agreed.
5. Any cost estimates include VAT, if stated otherwise.
6. The costs due will be charged in advance per session.
7. If NN C&C agrees a fixed fee or hourly rate with the client, NN C&C is nevertheless entitled to increase this fee or rate. NN C&C may pass on price increases if the contractor can demonstrate that significant price changes have occurred between the time of offer and delivery with regard to, for example, wages and/or comparable market rates.

Article 14. Payment

1. Payment must be made before the start of the session to which the invoice applies.
2. At the start of the relevant session, the client is in default if the invoice has not been paid; the client owes interest of 1% per month on the amount due and payable from the moment of default.
3. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of NN C&C and the obligations of the client towards the contractor will be immediately due and payable.
4. Payments made by the client always serve in the first place to settle all interest and costs owed, in the second place for payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
5. When refunding credited amounts by NN C&C, a payment term of a maximum of 14 days will be applied.

Article 15. Collection costs

1. If the client is in default or fails to fulfill one or more of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the client. In any case, the client owes:
   • on the first Euro 3,000 15%
   • on the excess up to Euro 6,000 10%
   • on the excess up to Euro 15,000 8%
   • on the excess up to Euro 60,000 5%
   • over the multiple 3%
   • If NN C&C demonstrates that it has incurred higher costs, which were reasonably necessary, these will also qualify for reimbursement.

Article 16. Liability

If NN C&C is liable, that liability is limited as follows:

1. The liability of NN C&C is limited to the invoice value of the assignment, at least that part of the assignment to which the liability relates.
2. Contrary to the provisions of paragraph 1 of this article, in the case of an order with a term longer than six months, the liability is further limited to the invoice amount owed over the last six months.
3. The limitations of liability included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of NN C&C – or its subordinates.
   NN C&C is never liable for consequential damage.

Article 17. Force majeure

1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, over which NN C&C has no influence, but as a result of which NN C&C is unable to fulfill its obligations. come. This includes strikes in the company of NN C&C.
2. NN C&C also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after NN C&C should have fulfilled its obligation.
3. During force majeure, NN C&C’s obligations are suspended. If the period in which fulfillment of the obligations by NN C&C is not possible due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement without there being any obligation to pay compensation in that case.
4. If NN C&C has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already performed or executable separately and the client is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already performed or executable has no independent value.

Article 18. Processing of data.

1. NN C&C is responsible for and entitled to the (digital) processing of the personal data that are collected in the context of the services referred to in these general terms and conditions, or at least to have it processed under its direct authority and ensures that any processors comply with applicable laws and regulations.
2. NN C&C only provides data to executive professionals if a confidentiality agreement has been signed with it and only in the context of carrying out an assignment. The foregoing does not affect the fact that data can sometimes be traced back to an individual person through consultation of public registers and Social Media.
3. For further privacy regulations of NN C&C, please refer to the Privacy Policy.

Article 19. Complaints and Dispute Resolution

1. For the handling of complaints, we refer to https://zorggeschil.nl. NN C&C is affiliated with this disputes body via ZPP Netherlands and thus complies with the Healthcare Quality, Complaints and Disputes Act (WKKGZ).
2. If no settlement is reached in accordance with these regulations, disputes under this agreement, or further agreements thereof, or legal relationships arising therefrom, will be submitted to the court in The Hague in the first instance, to the exclusion of others.

Article 20. Applicable law

1. Dutch law applies to every agreement between the contractor and the client.
2. Destruction or voidability of any provision of this agreement shall not affect the validity of others.

Article 21. Changes to the terms and conditions

The version applicable at the time of the conclusion of the present order is always applicable.
These General Terms and Conditions have been filed with the Chamber of Commerce in The Hague

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