Terms and Conditions

General terms and conditions Parents Inc.      

Article 1: Definitions In these general terms and conditions the following definitions apply: 

Contractor: The natural or legal person on behalf of whom offers the Services in the field of coaching, training or related activities under these general terms and conditions.

Client: The natural or legal person who has instructed the Contractor to provide Services in the field of coaching, training or related activities.

Coach: The NOBCO-certified coach or trainer.

Coachee: The natural person who participates in a guidance program in the field of coaching, training or related activities.

Services: All work that has been ordered, or that arises from or is directly related to the assignment, in the broadest sense of the word.

Agreement: Any agreement between the Client and the Contractor for the provision of Services by the Contractor for the benefit of the Client.

NOBCO: The Dutch Order of Professional Coaches Foundation.

Article 2: Applicability of these conditions 

1. These general terms and conditions apply to all quotations and agreements in which Services are offered or delivered by the Contractor in the context of his profession.
2. These general terms and conditions also apply to every Agreement in which third parties are involved for the implementation by the Contractor.
3. Deviations from these general terms and conditions are only valid if and insofar as they have been agreed in writing between the Client and the Contractor.
4. Any purchasing or other general terms and conditions of the Client do not apply unless the Contractor has expressly accepted them in writing.
5. If one or more provisions of these general terms and conditions are void or annulled, the other provisions of these general terms and conditions remain fully applicable. The Client and the Contractor will then enter into consultation to agree on a new provision to replace the void or voided provision, as much as possible in accordance with the purpose and scope of the original provision.
6. These general terms and conditions also apply to additional assignments and follow-up assignments from the Client.
   

Article 3: Applicable rules of conduct and regulations 
The Contractor performs the Services in accordance with the “NOBCO Code of Ethical Conduct” or the professional rules that replace it and considers itself bound by the Complaints Regulations of the NOBCO or the professional rules and disciplinary proceedings that replace it. The applicable rules of conduct and regulations can be found on the NOBCO website: www.nobco.nl.

Article 4: Quotations and conclusion of the Agreement 

1. All quotations made by the Contractor are without obligation and are valid for 30 days, unless otherwise stated. The Contractor is only bound to a quotation if its acceptance has been confirmed to the Contractor by the Client within the stated period of validity without reservation or change.
2. The prices in the quotations are exclusive of VAT unless expressly stated otherwise.
3. The Agreement is concluded by acceptance of the quotation by the Client as referred to in the last sentence of paragraph 1. The Client and the Contractor have also entered into an Agreement if the Contractor confirms in writing an agreement made between the Client and the Contractor and the Client does not confirm its accuracy within ten working days or - if that period is shorter - before the start of the work.
4. Changes to orders are only binding if these changes have been confirmed in writing by the Contractor.
5. The Client has the right to terminate the Agreement without giving reasons for 14 calendar days after concluding an Agreement.
   

Article 5: Execution of the Agreement 

1. Every Agreement leads to a best efforts obligation for the Contractor, whereby the Contractor is obliged to fulfill his obligations to the best of his ability, with the necessary care and the necessary craftsmanship, in accordance with the standards and guidelines of the NOBCO as they apply at the time of the execution of the Agreement.
2. In all cases where the Contractor considers this useful or necessary, it has the right - in consultation with the Client - to have certain work carried out by third parties or to be assisted by third parties.
3. The Client ensures that all information that the Contractor indicates is necessary for the execution of the agreement is provided to the Contractor properly, completely and on time. If the information required for the execution of the Agreement has not been provided to the Contractor in a timely manner, the Contractor has the right to suspend the execution of the Agreement and/or to charge the Client for the additional costs resulting from the delay at the usual rates.
4. If a term has been agreed by the Contractor for the completion of certain work, this is not a strict deadline, unless expressly agreed otherwise. Exceeding the agreed term therefore does not constitute an attributable shortcoming on the part of the Contractor. For this reason, the Client cannot terminate the Agreement and is not entitled to compensation. If the agreed term is exceeded, the Client may set a new, reasonable term within which the Contractor must execute the agreement. Exceeding this new term may constitute grounds for the Client to terminate the Agreement.
5. When the Contractor is instructed to fulfill an assignment or part thereof in collaboration with a third party, the Client will determine in consultation with all those involved what each person's task is. The contractor accepts no joint and several liability, nor liability for the performance of the task and the associated activities of the third party.
   

Article 6: Confidentiality 

1. Subject to any obligation imposed on it by law or a competent government body to disclose certain data, the Contractor is obliged to maintain confidentiality towards third parties of all confidential information that it has obtained from the Client in the context of the Agreement or from another source. . Information is considered confidential if this has been communicated by the Client or if this arises from the nature of the information. The Contractor ensures that this obligation is also imposed on any employees or third parties engaged by him for an assignment.
2. Conversations, sessions and other contacts that take place in any form between the Contractor and the Coachee are considered strictly confidential. The Contractor will therefore not inform anyone, including the Client, about the content and course of these contacts unless the Coachee has given express permission for this.
   

Article 7: Intellectual property 

1. The Contractor is entitled to the intellectual property rights with regard to the products provided by it - in the context of the Agreement - to the Client and/or Coachee or used - in the context of this Agreement, including but not limited to tests, readers, reports, models, practice materials and online programs.
2. The Client and/or Coachee may not use these products, to which the Contractor is the legal owner of the intellectual property rights, without the express written permission of the Contractor, other than for the purpose of this assignment.

3. The Contractor is entitled to use the knowledge obtained through the performance of the work for other purposes, provided that no confidential information is brought to the attention of third parties and provided that it cannot be traced back to individual Clients or Coachees.
   

Article 8: Fee and costs 

1. Unless expressly agreed otherwise, the Contractor's fee consists of a predetermined fixed amount per Agreement or per Service provided and/or can be calculated on the basis of rates per time unit worked by the Contractor.
2. All fees are exclusive of government levies such as sales tax (VAT) as well as travel and other expenses incurred on behalf of the Client, including but not limited to invoices from third parties engaged. Unless otherwise stated.
3. The Contractor may request the Client to pay a reasonable advance in connection with fees that the Client owes or will owe and/or expenses that must be incurred on behalf of the Client. If the Contractor has requested a reasonable advance payment, the Contractor has the right to suspend the execution of the work until the Client has paid the advance payment to the Contractor or has provided security for this.
4. The Contractor reserves the right, in consultation with the Client, to adjust the agreed fees annually due to changes in the general price index and due to measures imposed by the government.
   

Article 9: Payment 

1. Payment must be made within 14 days after the invoice date, in a manner to be specified by the Contractor. Payment will be made without deduction, set-off or suspension on any grounds whatsoever.
2. After 14 days have elapsed after the invoice date, the Client is in default. From the moment of default, the Client owes the Contractor default interest on the amount due, equal to the statutory interest.
3. If there are multiple Clients, each Client is jointly and severally liable to the Contractor for payment of the total invoice amount if the work has been carried out for all these Clients.
4. Payments made by the Client always serve to settle, firstly, all interest and costs owed, and secondly, payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.
   

Article 10: Collection costs 

1. If the Contractor takes collection measures against the Client, who is in default, the costs associated with that collection will be borne by the Client, which costs are set at at least 15% of the outstanding invoices. 2. These costs include the costs of any collection agencies, bailiffs and/or lawyers that may be engaged.
   

Article 11: Liability 

1. The Contractor is only liable to the Client and/or Coachee for damage resulting from a serious attributable shortcoming in the execution of the Agreement. This is the case if the Contractor does not exercise the required care and expertise in the execution of the Agreement.
2. If the Contractor is liable for damage suffered by the Client or Coachee, its liability is limited to the amount paid out in the appropriate case under the professional liability insurance or other liability insurance taken out by the Contractor, plus the deductible applicable to the Client, whereby the total of these amounts is limited to the maximum amount of the insurance. A copy of the policy with the conditions of the professional liability insurance will be sent by the Contractor upon request.
3. If, for whatever reason, no insurance payment is made, the Contractor's liability towards the Client and/or Coachee is limited to the fee of the assignment to which the liability relates, with a maximum of € 5,000.
4. The Contractor is not obliged to compensate indirect damage suffered by the Client or Coachee, including but not limited to consequential damage, lost profits and damage as a result of business stagnation.
5. The Contractor will exercise due care when engaging third parties not employed in its organization (such as advisors, experts or service providers). The Contractor is not liable for serious shortcomings towards the Client or Coachee or for any errors or shortcomings of these third parties. In such a case, the Client is obliged to hold the third parties involved liable and to recover any damage suffered from these third parties.
6. The Contractor is not liable for damage suffered by the Client or Coachee, of whatever nature, if the Contractor relied on incorrect and/or incomplete information provided by the Client when carrying out its assignment, unless this incorrectness or incompleteness was or should have been clearly apparent to the Contractor. to be.
7. The Contractor or coaches or third parties to be engaged by him, who are charged with guiding coachees, will not provide or use any means, methods, techniques or instructions or allow situations to arise that limit or adversely affect the Coachee's ability to observe, analyze and assessing the threat of injury to the Coachee, in whatever form. If Coachee sustains any injury, the Contractor or any coaches or third parties engaged by him are in no way liable for this.
8. The Client indemnifies the Contractor against all claims (such as damages and legal claims) from third parties relating to the execution of the Agreement between the Client and the Contractor, unless these concern claims as a result of serious shortcomings on the part of the Contractor. 9. If the Client and/or Coachee has not brought any claim against the Contractor in court within 1 year after discovering the damage, this legal claim will lapse after the end of the year.
   

Article 12: Cancellation Policy 

1. For coaching, a trajectory price is agreed and invoiced in advance. The contractor will not provide a refund for coaching hours not used by the coachees. If the Client cancels Coaching and other guidance programs within 24 hours before the start of the activity in question, the Client will owe 100% the costs of the canceled hours or the agreed principal sum.
2. The following applies specifically to cancellation of an in-company training: unless a training has been agreed in combination with the production of training or educational materials, cancellation can take place free of charge up to four weeks before the start of the training. The Contractor will charge 15% administration costs. Half of the fee for the training in question is due from four weeks to two weeks before the start. Full reimbursement is due if canceled less than two weeks before the start of the training.
3. The following applies specifically to cancellation of participation in a training based on Open Registrations: the participant can cancel his or her own participation free of charge up to 14 days after confirmation of registration. After that, cancellation costs apply: up to 30 days before the start of the training: 25% (= deposit); up to 1 week before start: 50%; 1 week before start: 100% of the costs. Replacement is always possible.
4. If there are insufficient registrations for a training based on Open Registrations, the Contractor reserves the right to cancel the training and not to accept a registration without being obliged to pay damages or costs. In case of cancellation, this will be announced to the students at least 2 weeks in advance. In this case, registration fees will be refunded within 2 weeks after cancellation, excluding 15% administration costs for costs incurred in the preparation phase.
5. The Client owes 100% of the total agreed principal sum if he does not use the agreed services of the Contractor, even without cancelling.
6. If, in the reasonable opinion of the Contractor, a force majeure situation gives rise to this, it has the right to terminate the agreement in whole or in part or to temporarily suspend the execution of the agreement, without being obliged to pay any compensation.
   

Article 13: Termination of the Agreement 

1. The Contractor is entitled to terminate the Agreement with immediate effect, without judicial intervention, by means of a registered written notice to the Client, if the Client fails to pay the invoice sent by the Contractor within 14 days after a written reminder.
2. The Contractor is entitled to terminate the Agreement with immediate effect, without judicial intervention, by means of a registered written notice to the Client, if any obligation arising from this Agreement is not or not properly fulfilled within 14 days after written notice.
3. Both the Client and the Contractor can terminate the Agreement with immediate effect by means of a registered letter if the other is in a suspension of payments or has been declared bankrupt.
   

Article 14: Dispute Resolution 

1. Dutch law applies to all Agreements and legal acts between the Client and the Contractor.
2. If the Contractor and the Client or Coachee have a dispute arising from this agreement, they are obliged to first attempt to resolve this dispute through consultation and, if this fails, to use mediation.
3. If mediation does not lead to a resolution of the dispute, the competent judicial authority where the Contractor is established has exclusive jurisdiction to hear the dispute.