Job in The Netherlands

Free Training

Terms of Use

Article 1. Definitions

    • Contracted Party: Job in The Netherlands, located in Amstelveen. Registered at the Chamber of Commerce with registration number: 74331450

    • Client: The private individual who uses the coaching services, online programs or any related services of the Contracted Party

    • Services: All activities for which an assignment has been given or ensuing from or are directly related to the assignment, all to be taken in the broadest sense of the word.

    • Agreement: Each arrangement between Contracted Party and Client for the performance of Services by Contracted Party for the benefit of Client.

Article 2. Applicability of these Terms and Conditions

  1. These Terms and Conditions apply to all quotations and agreements in which Services are being offered or delivered by Contracted Party within the scope of his profession. Derogations from these Terms and Conditions are only valid if and to the extent that Client and Contracted Party have agreed to these in writing.

Article 3. Performance of the Agreement

  1. Client takes care that all information, which Contracted Party has indicated as necessary for the execution of the Agreement, is provided correctly, completely and promptly. If Client fails to promptly provide the required information, Contracted Party has the right to suspend performance of the Agreement.
  2. If a term has been agreed on for completion of certain operations by Contracted Party, this is not to be regarded as a strict deadline, unless explicitly agreed otherwise. Consequently, if the agreed time limit is exceeded, this does not constitute an attributable failure to comply on the part of Contracted Party. Therefore, Client cannot dissolve the Agreement and has no right to compensation. If the term is exceeded, Client can, however, set a new reasonable time limit for performance, within which Contracted Party is to perform the Agreement. 

Article 4. Changes in the Agreement

    1. When quality and completion of the assignment require changes or additional Services, Contracted Party and Client will discuss and change the assignment in a timely manner.
    2. When Contracted Party and Client change or complement the Agreement, the timeline of the agreed completion of the tasks could be affected or financial and/or qualitative consequences could occur. In this case, Contracted Party will inform Client as soon as possible. 

Article 5. Confidentiality 

    1. Contracted Party may not disclose any confidential information provided by Client or obtained otherwise during performance of the Agreement to third parties, except in case of any obligation imposed by law or by an authorised public body to disclose certain information. Information is deemed to be confidential if it has been qualified as such by the other party or if confidentiality is implied by the (private) nature of the information. 
    2. Conversations, sessions and any other contacts in whatever form that take place between Contracted Party and Client or between Contracted Party and Coachee are deemed to be strictly confidential. Contracted Party is not to disclose any information about the content or course of these to anybody, including Client, unless Client or Coachee has explicitly given permission to do so or in case of any obligation imposed by law or by an authorised public body to disclose certain information.

Article 6. Intellectual Property Rights

    1. Contracted Party is owner of the intellectual property rights pertaining to products and Services provided for performance of the contract, including, but not limited to, online course material, ebooks, exercise materials and templates.
    2. Client shall not use products and Services, and shall procure that Coachee shall not use products and Services, that are exclusively owned by Contracted Party, for purposes other than performance of the Agreement, unless Contracted Party has given his prior written consent and then only for the purpose of the assignment.
    3. Contracted Party has the right to use knowledge obtained in performance of the operations for other purposes, as long as no confidential information is disclosed to third parties and provided that it cannot be traced back to any individual Client and/or Coachee.

  1. Article 7. Fees and Costs

      1. Contracted Party’s fee consists of a fixed amount, determined in advance, per Agreement or per provided Service and/or can be calculated based on rates per time unit that Contracted Party has worked, unless agreed otherwise.
      2. Fees to individuals are inclusive of government taxes such as turnover tax/VAT.
      3. Fees to legal entities, such as public companies and private companies, are excluding tax/VAT.
      4. Contracted Party has the right to annually adjust the fees agreed on, in consultation with Client, due to changes in the general price index and governmental regulations.


      Article 8. Payment

        1. Payment is due within agreed timeframes and before the start of individual Coaching, by method of payment indicated by Contracted Party. 
        2. When Client did not fulfil the payment within the terms as stated in article 9.1, Client is in default. Client is liable to pay Contracted Party interest for late payment on the payable amount equal to the statutory interest from the moment of default.
        3. In the case of article 9.1, Contracted Party has the right to end or suspend any activities with regards to this agreement without being liable.
        4. Payments made by Client will firstly serve to settle any accrued interest and costs, and secondly to settle the longest outstanding invoices, even if Client states that the payment is intended to settle an invoice of a later date.
        5. If Client has been granted suspension of payment or has become bankrupt, claims of the Contracted Party to Client are immediately due and payable.

        Article 9. Collection Costs

          1. In the event that Client is in default of full payment of the amounts indebted to Contracted Party, Client is liable for extrajudicial costs and the following applies:
          2. To the extent that Client did not act while practising a profession or business, Contracted Party may claim an amount equal to the maximum legally permitted compensation of extrajudicial collection costs permitted by law, as determined in the (Dutch) Compensation for Extrajudicial collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten) and calculated in accordance with this Decree, to the extent – after the default took effect – that the unsettled amount has not been paid by Client if Client, being in default, fails to pay the unsettled amount within 14 days from the day after a reminder notice was sent to him.
          3. To the extent that Client did act while practising a profession or business, Contracted Party may claim compensation of the extrajudicial (collection)costs, which, in deviation from article 96, subsection 4 of Book 6 of the Dutch Civil Code, and the Compensation for Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten), are set at 15% of the total outstanding principal amount, with a minimum of EUR 75,00 for each unsettled or partially unsettled invoice.


          Article 10. Liability

            1. Contracted Party does not accept any liability towards Client and/or Coachee for any damage resulting from compliance with the Agreement that is attributable to him, unless Client proves that the damage resulted from serious culpability or gross negligence.
            2. In the event that Contracted Party should be liable for any damage suffered by Client and/or Coachee, his liability towards Client and/or Coachee will be limited to the fee for the assignment on which the liability is based, or that part of the assignment the liability refers to.
            3. In the event that Contracted Party should be liable for any damage suffered by Client and/or Coachee, his liability will be limited to the amount of indemnity payable for each accident under Contracted Party’s professional liability insurance, or any other liability insurances, to be increased by Client’s insurance deductible. The total amount will not exceed the maximum amount payable by the insurer. Contracted Party will provide a copy of the insurance policy containing the conditions of the professional liability insurance upon request.
            4. Contracted Party is not obliged to pay compensation for consequential damage suffered by Client including but not limited to consequential loss, loss of earnings and damage resulting from stagnation of business.
            5. Contracted Party is not liable for any damage suffered by Client and/or Coachee, irrespective of its nature, resulting from of inaccurate and/or incomplete information provided by Client, unless Contracted Party should have been aware of these inaccuracies or incompleteness, or they should have been knowable to Contracted Party.
            6. Client indemnifies Contracted Party against any claims by third parties arising from the performance of the Agreement between Client and Contracted Party, unless it concerns claims resulting from serious failure to perform by Contracted Party.
            7. Any claims against Contracted Party by Client and/or Coachee must be filed within 1 year from ascertaining the damage, after which the legal claim will be expired.


            Article 11. Terms of Cancellation

            1. Contracted Party has the right to cancel Services without given a specific reason of refuse the assignment or participation of a Client and/or Coachee referred by Client. In this case Contracted Party will reimburse the paid honorarium to Client.
            2. Cancellation by Client is to be done in writing by e-mail and confirmed by Contracted Party.
            3. If cancellation of individual coaching and other support programmes by Client takes place within 24 hours prior to commencement of the activities concerned, Client will be obliged to pay 100% of the costs of the cancelled hours and/or of the agreed total sum; if cancellation takes place between 24 and 48 hours prior to commencement of activities he will be obliged to pay 50% of these and if cancellation takes place earlier than 48 hours prior to commencement of these activities he will be obliged to pay 25% of these at the maximum.
            4. Client will be liable to pay 100% of the agreed total sum if he, even without cancellation, does not use the Services of Contracted Party agreed on.

           
          Article 12. Termination of the Agreement

              1. Contracted Party will have the right to immediately terminate the Agreement without the need for judicial intervention, by written notice of termination sent by e-mail to Client if the latter remains in default as to paying the invoice sent by Contracted Party, within 14 days of the written final notice for payment.
              2. Contracted Party will have the right to immediately terminate the Agreement, without legal intervention, by written notice of termination sent by e-mail to Client if any contractual obligation is still not fulfilled or not fulfilled adequately within 14 days of the written final notice to comply.
              3. Client as well as Contracted Party may immediately terminate the Agreement by means of a notice sent by e-mail if the other party has been granted suspension of payment or has become bankrupt.


              Article 13. Settlement of a dispute

                1. Dutch Law is applicable to all Agreements between Contracted Party and Client. The court of Amsterdam has exclusive authority to hear the case.
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