TERMS & CONDITIONS BOAVISTA

THESE GENERAL TERMS AND CONDITIONS APPLY TO ALL SERVICES, AGREEMENTS, COACHING PROGRAMS, CONSULTATIONS, ET CETERA AND NOT LIMITED WHICH ARE CONCLUDED AND/OR PROVIDED FROM BOAVISTA TO CLIENT. THE FOLLOWING DEFINITIONS ARE EXPLAINED IN FURTHER:

Contractor: BOAVISTA / The legal entity on behalf of which the coach offers services in the field of coaching or related activities under these general terms and conditions.

Client: CLIENT / The natural or legal person who has instructed the Contractor to provide services in the field of coaching or related activities.

Services: All coaching activities that have been commissioned, or that arise from or are 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.

PAR 01 applicability

1. These general terms and conditions apply to all quotations, order confirmations and agreements in which services are offered or delivered by the Contractor.
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.

PAR 02 realization 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 include VAT unless expressly stated otherwise.
3. The Agreement is concluded by acceptance of the quotation by the Client
4. An agreement with a natural person as client can also be concluded if, at the request of that natural person, a conversation has been held with or on behalf of the Contractor, on the basis of which the parties agree on a coaching process and which is followed by sending by Contractor of an invoice.

PAR 03 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 craftsmanship.
2. In all cases where the Contractor considers this useful or necessary, he 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 data and/or information that the Contractor indicates are necessary for the execution of the agreement are provided to the Contractor properly, completely and in a timely manner. If the information required for the execution of the agreement has not been provided to the Contractor on time or is incorrect, 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 in accordance with the usual rates. to take.
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. Business Clients purchase the services in advance. These can be used for 6 months from the date of acceptance of the quotation.
6. If 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.

PAR 04 secrecy and privacy

1. Conversations are considered strictly confidential. The Contractor and Client will ensure that this obligation is also imposed on any third parties who are involved in an assignment or who attend conversations. The Contractor and Client will therefore not inform anyone about the content and course of these conversations, unless explicit permission has been given for this.
2. The Contractor will keep all information provided by the Client in the context of the agreement(s) with the Client confidential and handle it with care, both during and after the Agreement(s) with the Client.
3. The Client will ALSO keep all information provided by the Contractor in the context of the agreement(s) with the Contractor confidential and handle it with care, both during and after expiry of the Agreement(s) with the Contractor.

PAR 05 intellectual property

1. The Contractor is entitled to the intellectual property rights with regard to the services and products provided by it – in the context of the Agreement – to the Client or used in the context of the agreement, including but not limited to tests, readers, reports, models, exercise materials and computer programs.
2. Without the express written permission of the Contractor, the Client may not use these services and/or products to which the Contractor is entitled with regard to the intellectual property rights, 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.

PAR 06 fees 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.
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.
4. The contractor reserves the right to adjust the agreed fees annually due to changes in the general price index and due to any measures imposed by the government.
5. The contractor makes a distinction between rates for business and private clients. The Contractor’s standard rates are the private rates. The contractor may decide to charge the business rate to a private client in appropriate (special) cases. Vice versa.

PAR 07 payment

1. Payment must be made within 10 days after the invoice date for a private client and within 20 days after the invoice date for business clients, in a manner to be specified by the Contractor. Payment will be made without deduction, set-off or suspension on any grounds whatsoever.
2. The Contractor is free, at its own discretion and notwithstanding the general rule described in paragraph 1, to require a down payment of 50% to 100% of the fee or. This down payment must be made before the start of the first (paid) conversation. If desired, the Client will receive a separate invoice.
3. After the payment term has expired, 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, plus administration costs amounting to 10% of the outstanding invoices.
4. If there are multiple clients, each Client is jointly and severally liable to the Contractor for payment of the total invoice amount.
5. 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/different invoice.

PAR 08 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. These costs include the costs of any collection agencies, bailiffs and/or lawyers that may be engaged.

PAR 09 liability

1. The Client cannot hold the Contractor BOAVISTA liable in any way for direct or indirect damage of any nature or due to any cause and in any place.
2. If, for whatever reason, for example by law and regulations, the Contractor’s liability towards the Client is limited to the fee of the assignment to which the liability relates, with a maximum of € 250,-.
3. The Contractor will exercise due care when engaging third parties not working in its organization.
4. The Contractor is not liable for shortcomings towards the Client or for any errors or shortcomings of these third parties from paragraph 3. In such a case, the Client will have to hold the third parties responsible and recover any damage suffered from these third parties. The Contractor is emphatically not a party to this.
5. DUTCH law applies.

PAR 10 cancellation policy

1. The work referred to in the context of the agreement is deemed to start on the date of acceptance by the Contractor – which is done by signing – the quotation received from the Contractor. Regardless of this, the parties may agree on a different start date, but this date must be explicitly and separately agreed in writing by the parties.
2. The Client owes 100% of the total agreed principal amount if he does not use the agreed services of the Contractor – even without canceling. This applies to a coaching package. In the event of cancellation of an hourly rate agreement, paragraph 3 applies.
3. Cancellation of a single coaching session must be made – regardless of the reason for cancellation – at least 24 hours in advance, with the confirmation of receipt by the coach being decisive. If you cancel within 24 hours, the relevant costs will still be invoiced (for a private client) or the credit will be deducted from the budget (for a business client).

PAR 11 termination of the agreement

1. The Contractor is entitled to terminate the agreement with immediate effect, without judicial intervention, by means of a written notice to the Client, if the Client fails to pay an invoice sent by the Contractor within 14 days after a written reminder.
2. The Client is entitled to terminate the Agreement with immediate effect and without judicial intervention by means of a written notification to the Contractor, if any obligation arising from the agreement is not or not properly fulfilled within 14 days after written notification.
3. Both the Client and the Contractor can terminate the agreement in writing with immediate effect if:
   1. the other party is granted a suspension of payments (with a business Client)
   1. has been declared bankrupt (for business Client)
   1. there is a (other) special reason, after proper consultation. (for private Client)

PAR 12 disputes

1. PAR 09 of these General Terms and Conditions remains in full force.
2. Dutch law applies to all agreements between the Client and the Contractor.
3. If the Contractor and the Client have a dispute arising from an Agreement, they are obliged to first attempt to resolve this dispute through consultation and, if this fails, to use mediation. A mediator will be appointed by mutual agreement. The mediator’s costs will be borne half by the parties.
4. If consultation and/or mediation does not lead to a resolution of the dispute, the competent judicial authority in the district where the Contractor is located has exclusive jurisdiction to hear the dispute.

PAR 13 other conditions

1. The Client hereby declares that it is fully open to the Contractor BOAVISTA when it comes to sharing life experience and events, accepting advice and carrying out assignments in order to make the coaching process by the Contractor a success.
2. The Client CLIENT is aware that the Contractor BOAVISTA does not fall under regular health- or other care, as known to health insurers and that the costs incurred are not billable to a health insurance policy. Contractor BOAVISTA is a private coach.
3. The Client is aware of the rates (tarifs) applicable to the Contractor BOAVISTA, which are described on the rate (tarifs) sheet and handed over at the same time as these General Terms and Conditions.

SIGNATURE

The Client hereby declares to have read, understood and unconditionally agreed to the General Terms and Conditions of Contractor BOAVISTA.

APPENDIX: rates sheet (tarifs) BOAVISTA

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(signature Client)

(place) ……………………………….     (date):               …. – …. – …. ….

Client (first and last name in full):                           ………………………………………..

FROM NOW ON YOUR NEW LIFE STARTS   @ BOAVISTA