General terms and conditions
Article 1. General
1. In these general terms and conditions, the following definitions shall apply:
- contractor: the independent coach associated with the LemongrassCoaching partnership;
- client: an employer or private individual who grants an order to the contractor;
- order: the agreement between the contractor and the client;
- proposal: description of proposed services by the contractor for the client;
- candidate: the natural person being supervised by the contractor.
2. These general terms and conditions shall apply to all proposals, orders, agreements and supplies of services by the contractor, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.
Article 2. Proposals and creation of commission
1. All proposals shall be confirmed in writing, with a brief description of the work if required.
2. All proposals prepared by the contractor are non-binding and valid for 14 days, unless explicitly stated otherwise.
3. In the proposals, costs for location, travel expenses and any other costs, as well as the relevant VAT, shall be stated separately.
4. The client will give its consent to all proposals in writing, by e-mail or letter. If the client is the candidate's employer, (verbal) consent of the candidate is also required.
5. Upon receipt of the agreement by the contractor, an order shall be deemed to have been made.
6. The contractor shall ensure compliance with the provisions of the Tax Authorities so that it is clear that there is no question of a (wage) employment relationship between the client and the contractor.
7. The duration of the agreement between the contractor and the client shall be agreed in the proposal. If this is omitted, the duration of the agreement shall not exceed one year.
8. The contents and conditions of offers, proposals and assignments are exclusive and do not automatically apply to other clients or other future assignments (whether or not).
Article 3. Execution of the assignment / modification of the assignment
1. The Contractor shall execute the assignment to the best of his/her knowledge and ability and in accordance with the requirements of good workmanship and apply the NIP professional code.
2. If, during the performance of the assignment, it appears that for a proper performance it is necessary to change or supplement the work to be performed, the parties will adjust the assignment accordingly in good time and in mutual consultation.
3. Notwithstanding paragraph 2, the contractor will not be able to charge additional costs if the amendment or supplement is the result of circumstances attributable to the contractor.
4. An agreed assignment for guidance of a candidate, can be cancelled free of charge up to 14 days before commencement after the assignment has been approved.
5. If the order is cancelled early after agreement, a maximum of 50% of the remaining balance is refundable.
5. The contractor has the right to terminate the agreement with immediate effect without notice of default or judicial intervention, if the client is declared bankrupt or has otherwise lost free control over his assets. The client is then not entitled to any damages. The claims of the Supplier against the Client in these cases are immediately due and payable.
Article 4. Confidentiality
1. The contractor and client are obliged to keep confidential all confidential information they have obtained from each other in the context of the order.
2. The client and the contractor, as well as the candidate, shall reciprocally observe the due care and confidentiality of all particulars required in general legal transactions with regard to the information at their disposal.
3. The contractor shall treat all information provided in the context of the order as confidential and shall exercise the utmost care in the execution of the order.
4. See also the privacy regulations of LemonGrass Coaching, available on the website.
Article 5. Force majeure
1. The contractor is not obliged to fulfil any obligation if this is not reasonably possible for the contractor.
2. The contractor shall inform the customer as soon as possible of a force majeure situation and consult with the customer on the term within which the (further) execution of the order will still take place. If the force majeure situation is temporary, the contracted party will be entitled to suspend the execution of the order for as long as the force majeure situation continues.
3. If, in the opinion of the contractor, the force majeure situation is of a permanent nature, the parties may come to an arrangement on the dissolution of the order and the consequences thereof.
4. The contractor shall not be liable for any compensation in the event of force majeure.
Article 6. Rates, invoicing and payment
1. Payment of the full amount of the invoice for the order shall be made to a bank or giro account designated by the contractor.
2. Payment of the entire invoice amount shall take place prior to the commencement of services, unless explicitly agreed otherwise in the assignment.
3. In the proposals, VAT, any travel expenses and other costs shall be listed separately.
4. Any levies and/or taxes applicable to the agreement shall be borne by the client.
5. If the client defaults on payment, the client shall be in default by operation of law and all resulting costs shall be borne by the client.
Article 7. Intellectual property
All documents provided by the contractor, such as assignments, exercises, reports, etc., are intended exclusively for the candidate. They may not be reproduced, disclosed or brought to the notice of third parties without the prior consent of the contractor.
Article 8. Liability
1. Use of the services of the contractor by the client and/or candidate shall be at their own risk. The contractor's liability shall be limited to professional liability.
Article 9. Cancellation of appointment / no show
An individual coaching session can be cancelled or rescheduled free of charge up to 3 working days before the start of the session. In case of cancellation and/or rescheduling within 3 working days, the contractor is entitled to charge 50% of the agreed interview fee. If the candidate cancels or fails to appear on the day of the scheduled interview, 100 % of the agreed interview fee will be charged.
Article 10. Applicable law and disputes
1. Complaints by the client or candidate about the contractor may be submitted in writing to the contractor.
2. Submitted complaints will be dealt with and settled by the contractor within 4 weeks. If no solution is reached, the client/candidate may use the NIP's complaints procedure.
3. Any assignment between the contractor and the client shall be governed by Dutch law.
Article 11. Interpretation and location of conditions
1. Upon entering into the assignment, reference is made to the location of the applicable general terms and conditions; upon request, a digital copy of the applicable general terms and conditions will be provided to the client or candidate.
2. By agreeing to the assignment, the client - and, if applicable, the relevant candidate employed by the client - declares to have taken note of these general terms and conditions and to fully agree with their content.
3. In principle, the version of the general terms and conditions that applied at the time the order was concluded shall apply; the current general terms and conditions shall apply if this fulfils legal obligations or if this is otherwise reasonable and fair.