General Terms & Conditions

 
 

Article 1. Definitions
1.1 The coach/therapist: Christiaan Maats, Spinther Werkplaats voor Hoofdzaken
1.2 The client: purchaser of coaching/therapy from Christiaan Maats/Spinther
1.3 Coaching, therapy, incidental advise, diagnoses, seperate services and/or other incidental services that are performed by the coach/therapist as requested by the client.
1.4 Program: an agreement concerning several separate services/operations and/or and agreement from which separate services/operations result for an extended period of time.

Article 2. Application
2.1 To all agreements between the coach/therapist on the one hand and the client on the other and with explicit exemption of any other terms and agreements, these terms and conditions are applicable.
2.2 Acceptance of the price agreement or any alternative accordance with an agreement and/or continuance of an agreement will mean that the client accepts the application of the General Terms & Conditions en waivers any application of any terms & conditions of the client.
2.3 Deviations from these General Terms & Conditions  will only be enforceable if these are confirmed by the coach/therapist in writing. In this event, any and all other determinations of the current General Terms & Conditions will remain applicable.

Article 3.  Entering into and adjusting an Agreement
3.1 An agreement kan pertain to both separate services/operations as well as a program.
3.2 And agreement between the coach/therapist and the client will be entered into by a written confirmation of the client in which the price agreement is accepted or by oral confirmation of an individual consult.
3.3 If the acceptance of a price agreement is subject to conditions or adjustments to the agreement, the agreement will only be entered into after the coach/therapist has agreed to these conditions or adjustments in writing.
3.4 Adjustments or additions to the agreement are only applicable if both parties have confirmed the adjustments/additions in writing or, in the case of an individual consult, have agreed to it orally.

Article 4. Duration and termination
4.1 Unless otherwise determined in the agreement, the duration of the agreement will be the same as the duration of the program or the separate services/operations. After the end of the agreed to duration of the agreement, the parties can decide to extend it, either with a program or separate service/operation.
4.2 Each of the parties has the right to end the agreement without notice by registered letter, notwithstanding the right to reimbursement of costs, damages and interest, justified by the agreement without judicial intervention, with immediate effect if:
4.2.1 if the other party has not held up their end of the agreement, or neglects to do so after having been summoned to do so within a timeframe documented in a registered letter to the negligent party, unless the fault is of such insignificant nature that they cannot reasonably warrant a termination.
4.2.3 If the other party requests or is declared bankrupt or in suspension of payment wordt or if other measures are taken that suggest the termination or suspension of the enterprise.

Article 5. Cancellation
5.1 Cancellation of meetings of individuals resulting from the agreement have to be made at least 24 hours before the scheduled time of the meeting.
5.2 Cancellation of therapy sessions or consultations are governed by the following terms and conditions:
5.2.1 Meetings that are cancelled within 24 hours before the scheduled meeting, will be fully billed.
5.2.2 If a cancellation has not been communicated or has been communicated too late, the coach/therapist is justified to invoice the corresponding service(s) including any related incurred costs.
5.2.3 The coach/therapist is justified, within reason, to change the time of a scheduled meeting at least 24 hours before the meeting. The convenience of travel of the client will be prioritized when rescheduling the meeting.

Article 6. Confidentiality, file management and right of access
6.1 The coach/therapist will treat all information obtained during the execution of his services relating to the client with complete confidentiality en will not allow access to any of this information to third parties, with the exception of legal obligation or the express permission of the client.
6.2 The coach/therapist will enforce the confidentiality desribed in article 6.1 to any employees, colleagues, business partners or third parties that were brought in as a part of the services rendered.

Article 7. Rates
7.1 The rates for consultations are based on the most recent tariff list and/or will be specified in the quotation offered before beginning the sessions.

Article 8. Billing and Payment
8.1 Services rendered to clients will be billed by sending a digital invoice to the client after each session.
8.2 Billing will be based on the agreements beween both parties regarding rates and services rendered before the service takes place.
8.3 Unless agreed upon in writing, a private client will pay an invoice within 14 days of its reception, without appealing to settlement.
8.4 If the payment term is exceeded, the client will be in default, without notice.
8.5 The coach/therapist is justified to suspend all services from the date that the payment term ends. the coach/therapist will notify the client in a timely fashion of said suspension of services. Legal interest will be due over the unpaid amount, calculated from the end-date of the payment term. Any extrajudicial costs for debt collection will be billed to the client. Debt collection costs include costs for lawyers, debt collectors and agencies, determined in correspondence to applicable and conventional rates.

Article 9. Liability
9.1 In the course of service execution, the coach/therapist and effort obligation is in effect.
9.2 The coach/therapist does not in any way offer a medical guarantee of nor is he/she liable in any way for medical complications occurring during or after the execution of his services to the client that are not directly caused by compelling and gross shortcomings of the coach/therapist. The coach/therapeut is in no way liable for consequential damage.
9.3 De coach/therapist is not liable for damages incurred by incorrectly or incompletely following the oral or written counsel of the coach/therapist.
9.4 The liability of the coach/therapist for damage resulting from services rendered by him/her -or hired third parties- is limited to the costs of one session.
9.5 In any case, every liability of the coach/therapist is limited to the amount that was invoiced to the client for the relevant session.
9.6 The client is obligated to take every precaution necessary to limit the damage for which they want to hold the client/therapist accountable.

Article 10. Applicable law and disputes
10.1 The services rendered by the coach/therapist are ruled under Dutch Law.
10.2 Disputes resulting from or relating to the services rendered by the coach/therapist, belonging to the competences of the court, are exclusively under the court’s jurisdiction.

 

Amsterdam, July 2017