Terms and conditions

Cancellation in short

Article 1. Definitions

• Contractor: Nils Vermeire, who uses these terms and conditions when offering services.
• Client: the person, company or institution commissioning the work.
• Services: all work commissioned, or arising from or directly related to the assignment, in the broadest sense.
• Coachee: the person taking part in a coaching, guidance or advisory trajectory.
• Agreement: any arrangement between Client and Contractor for the provision of Services.

Article 2. Applicability

• These terms apply to all offers and agreements under which the Contractor offers or delivers Services. Deviations are valid only when expressly agreed in writing.
• They also apply to any Agreement in which third parties are involved in the delivery.
• Purchasing or other general terms of the Client do not apply unless expressly accepted in writing.
• If one or more provisions are void or annulled, the remaining provisions remain fully in force.
• These terms also apply to supplementary and follow-up assignments.

Article 3. Professional codes

Article 4. Quotations and formation

• Quotations are without obligation and valid for 30 days unless stated otherwise.
• Prices are exclusive of VAT unless stated otherwise.
• Quotations are based on the information available to the Contractor.

Article 5. Performance

• Every agreement constitutes a best-efforts obligation, to be performed with due care and craftsmanship.
• The outcome for Coachee and/or Client also depends on their own effort and actions and remains their own responsibility.
• The Contractor may — in consultation with the Client — have certain work carried out by third parties.
• The Client ensures that the necessary information is provided accurately, completely and on time.
• An agreed deadline is not a strict deadline unless expressly agreed otherwise.
• Where work is performed jointly with a third party, tasks are agreed in consultation; the Contractor accepts no joint and several liability.
• The Contractor is not liable for damage resulting from incorrect or incomplete information provided by the Client.

Article 6. Confidentiality

• The Contractor is obliged to keep confidential, towards third parties, all confidential information obtained under the Agreement, subject to legal obligations.
• Conversations and sessions between Contractor and Coachee are strictly confidential. No statement about their content or course is made to anyone, including the Client, unless the Coachee has expressly consented.
• The assignment will not be referred to externally without the Client's permission.

Article 7. Intellectual property

• Exercises and materials handed out in support of a trajectory remain the intellectual property of the Contractor and may not be shared with third parties without written permission.
• The Contractor may use knowledge gained during delivery for other purposes, provided it cannot be traced to individual Clients or Coachees.

Article 8. Fees

• The fee consists of an amount agreed in advance per agreement or per service delivered, and/or is calculated on the basis of rates per unit of time worked.
• Fees exclude travel and other expenses unless explicitly stated otherwise.
• The Contractor distinguishes between rates for corporate and private Clients.
• The Contractor reserves the right to adjust agreed fees annually.

Article 9. Payment

• Payment is due within 14 days of the invoice date, without deduction, set-off or suspension.
• After that period the Client is in default and statutory interest is due.
• In case of default the Contractor may suspend or halt all work with immediate effect.
• Where there are several Clients, each is jointly and severally liable for the full invoice amount.
• In the event of liquidation, bankruptcy or suspension of payment, all claims are immediately due.
• Payments are applied first to interest and costs, then to the oldest outstanding invoices.

Article 10. Collection costs

Article 11. Liability

• The Contractor accepts no liability for damage arising from or in connection with the Services, unless intent or gross negligence is demonstrated.
• Liability is limited to the invoice value of the assignment; for assignments longer than six months, to the invoiced amount over the last six months.
• Where liability insurance pays out, liability is limited to the amount of that payment.
• Liability for consequential or other indirect damage is expressly excluded.
• The Contractor is not liable for shortcomings of engaged third parties.
• Any claim not brought within one year of discovery of the damage lapses.

Article 12. Cancellation

• Cancellation of peer reflection meetings, workshops and training is done in writing.
• Cancellation of coaching or guidance is done by email or telephone.
• Cancellation of workshops, training or peer reflection within 5 working days of the start: 50% of the cost; more than 5 working days in advance: no cost.
• Cancellation of coaching within 24 hours of the start: 100% of the cost; more than 24 hours in advance: no cost.
• If the Client does not use the services without cancelling, 100% of the agreed sum is due.
• The Contractor may cancel without stating reasons; the Client is then entitled to a refund and is offered an alternative moment.

Article 13. Termination

• The Contractor may terminate the Agreement with immediate effect if the Client fails to pay within 14 days of a written reminder.
• The same applies if any other obligation is not or not properly fulfilled within 14 days of a written reminder.
• Either party may terminate with immediate effect in the event of the other's suspension of payment or bankruptcy.

Article 14. Disputes

• Dutch law applies to all Agreements.
• In the event of a dispute, the parties first seek to resolve it in consultation and, failing that, through mediation.
• If that does not lead to a solution, the competent court in the district where the Contractor is established has exclusive jurisdiction.
• The Contractor works according to the international ethical code for coaches, mentors and supervisors. If the Client believes the code is not being followed, a complaint may be filed.