Terms and Conditions

These general terms and conditions were filed with the Chamber of Commerce in Amsterdam on September 11, 2018 under number KvK03/1768886.

Article 1. Definitions

1. In these general terms and conditions, the following definitions apply:

PTSD Voorbij: PTSD Voorbij who uses these terms and conditions for the provision of services; Client: the natural or legal person who enters into an agreement with PTSS Voorbij, uses the services or to whom PTSS Voorbij sends a quotation; Services: all products and services offered by PTSD Voorbij, including coaching and other forms of guidance or advice, all in the broadest sense of the word, as well as all other work of whatever nature performed for the client, performed in the context of of an assignment, including work that has not been performed at the explicit request of the client; Client: the person who participates in a guidance, advice or coaching process, the latter if he is not the client himself; Activities: all activities that PTSD Voorbij carries out in the context of the implementation of the agreement; Consumer: the natural person who does not act in the course of a business/profession; Netherlands Association of Professional Coaches (NOBCO); General Terms and Conditions: one or more written stipulations that have been drawn up for inclusion in contracts, with the exception of stipulations that indicate the core of the performance.

Article 2. Applicability of these terms and conditions

These general terms and conditions apply to all quotations, agreements, activities and services whereby PTSD Voorbij offers or supplies services. Deviations from these terms and conditions are only valid if expressly agreed in writing. Not only PTSD Voorbij, but also all persons or companies involved in the execution of any agreement for the client, can invoke these general terms and conditions. These general terms and conditions also apply to additional agreements and follow-up agreements of the client and when PTSS Voorbij has activities performed by third parties. Any purchase or other general terms and conditions of the client do not apply, unless they have been expressly accepted in writing by PTSS Voorbij. If one or more provisions of these general terms and conditions are declared invalid by a court, only the provision(s) that have been declared invalid by the court. If the client is unclear about one of the general terms and conditions, the client must notify PTSS Voorbij immediately in writing. If, despite the care taken in drawing up these general terms and conditions, conditions is a situation that is not regulated by these general terms and conditions, then PTSS Voorbij will look for a suitable solution in consultation with the client. When the client retains or accepts a quotation or agreement, the client agrees that these general conditions apply. the right at all times to change the terms and conditions. Changes apply to all agreements with immediate effect. The latest version of the general terms and conditions are available via the http://www.ptssvoorbij website.

Article 3. Quotations

The quotations made by PTSS Voorbij are without obligation; they are valid for thirty (30) days after the date/quotation date, unless explicitly stated otherwise in the offer. PTSS Voorbij is only bound by the offers if the acceptance thereof has been confirmed in writing by the other party within thirty (30) days. The prices in the quotes mentioned are exclusive of VAT, exclusive of travel expenses and other additional costs, unless indicated otherwise. Quotations are based on the information available at PTSD Voorbij. If it turns out afterwards that the information provided by the client is incorrect or incomplete, PTSS Voorbij has the right to adjust the offer. In the unlikely event that a mistake or clerical error is included in a quotation, PTSS Voorbij will not be bound by this clerical error. Quotations made by PTSS Voorbij do not automatically apply to future agreements. If acceptance of the offer deviates from the quotation, PTSS Voorbij will not be bound to the quotation. PTSS Voorbij can revoke a quotation accepted by the client within 8 working days after acceptance.

Article 4. Execution of the agreement and the activities

Agreements concluded with PTSD Voorbij lead to a best efforts obligation for PTSD Voorbij, not a result obligation, whereby PTSD Voorbij is obliged to fulfill its obligations in such a way as can be required according to standards of care and craftsmanship according to the standards at the time of fulfillment of PTSD Voorbij. to become. PTSD Voorbij will comply with the guidelines and rules of conduct of the Dutch Order of Professional Coaches (NOBCO - the latest version of the NOBCO International Code of Ethics and the NOBCO Complaints Regulations are available via the http://www.ptssvoorbij website) to the best of their knowledge and ability. . It is not possible for PTSD Voorbij to guarantee that the activities continuously lead to the agreed desired result. If and insofar as required for the proper execution of the agreement, PTSS Voorbij has the right to have certain activities performed by third parties. This will always take place in consultation with the client. The client ensures that all data, which PTSS Voorbij indicates are necessary or which the client should reasonably understand to be necessary for the execution of the agreement, are provided to PTSS Voorbij in a timely manner. If the information required for the execution of the agreement has not been provided to PTSS Voorbij in time, PTSS Voorbij has the right to suspend the execution of the agreement and/or charge the extra costs resulting from the delay to the client according to the usual rates. If applicable, PTSS Voorbij reserves the right to execute an agreement in phases and to invoice the part already performed separately. Any delivery times in an order confirmation, quotation and/or agreement are never strict deadlines. If PTSS Voorbij exceeds a delivery term, the client must give PTSS Voorbij written notice of default. PTSD Voorbij then has at least three (3) weeks to draw up a plan so that the agreement can still be implemented.

Article 5. Contract duration and cancellation

If the agreement concluded between the parties relates to the provision of the same performance more than once, it will be deemed to have been entered into for an indefinite period unless expressly agreed otherwise in writing. Both parties can terminate the agreement in writing at any time with due observance of a notice period of at least one (1) month. If the duration of the assignment is six (6) months or longer, the parties must observe a notice period of at least three (3) months. A coaching program of three (3), six (6) or nine (9) months cannot be terminated prematurely, unless Article 11.7 applies.

Article 6. Amendment of the agreement

If during the execution of the agreement it appears that it is necessary for a proper execution to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in consultation. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. PTSD Voorbij will inform the client of this as soon as possible. If changes or additions to the agreement have financial and/or qualitative consequences, PTSD Voorbij will inform the client about this in advance. If a fixed fee has been agreed, PTSD Voorbij will indicate to what extent the amendment or supplement to the agreement will result in this fee being exceeded.

Article 7. Confidentiality

The parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information. Information is considered non-confidential when it is publicly known or when the information is brought into legal proceedings. PTSD Voorbij is not liable and responsible if confidential information, obtained in the context of the agreement from each other or from another source, comes under the control of third parties, for example - but not limited to - due to the loss of e-mail or (electronic ) documents, unless there is intent on the part of PTSS Voorbij. The client is not entitled to distribute, make available or otherwise make public materials or information provided by PTSS Voorbij (written, audio, video) outside the circle of his company. PTSS Voorbij will not refer to the assignment externally without the permission of the client.

Article 8. Intellectual property

Insofar as copyright, brand, model, trade name or other intellectual property rights are based on the services provided by PTSS Voorbij for the execution of the agreement, PTSS Voorbij is and remains the holder or owner of these rights. PTSS Voorbij expressly retains all intellectual property rights to documents, sheets, presentations, software, advice, reports, training material, books, etc. The client may only use the material carriers of these rights for the purpose for which they were provided to the client. , do not reproduce it or change or remove the author's, brand, model, trade name and other designations. The client/client is not permitted to disclose, exploit or reproduce data or parts of the documents, software, advice, reports, sheets, presentations, training material, books, etc. provided. PTSS Voorbij reserves the right to to use knowledge acquired during the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.

Article 9. Payment

Unless otherwise agreed in writing, payment must be made within ten (10) days of the invoice date, in a manner to be indicated by PTSS Voorbij. Payment will be made without deduction, compensation or suspension for any reason whatsoever. If the client has not paid the amounts due at the latest on the due date, he will automatically be in default, without further notice of default being required. In the event of payment default by the client, PTSS Voorbij is entitled to discontinue or suspend all work to be performed for the client with immediate effect, without being liable to pay compensation to the client in any way. If the client is a "consumer", if the amounts owed have not been paid by the due date, PTSS Voorbij will send a written notice of default before extrajudicial collection costs are charged. A complaint about an invoice does not suspend the client's payment obligation. In the event of default of payment, the client also owes default interest on the outstanding claims equal to the statutory interest. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of PTSS Voorbij and the obligations of the client towards PTSS Voorbij will be immediately due and payable. Payments made by the client always serve in the first place to settle all interest and costs owed, in the second place for payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice. If more than the usual effort is required from PTSD Voorbij for the execution of the agreement, PTSD Voorbij can demand payment (or equivalent security) before commencing its work. PTSS Voorbij can choose to invoice by e-mail. If the client is in default with the full payment of the amounts charged by PTSS Voorbij to the client, the client owes PTSS Voorbij extrajudicial costs, whereby the following applies:

Insofar as the client did not act in the exercise of a profession or business, PTSS Voorbij is entitled to an amount equal to the legally maximum permitted compensation for extrajudicial collection costs, as determined in and calculated in accordance with the Extrajudicial Collection Costs Standards Act (WIK), for insofar as the outstanding amount - after the default - has not yet been paid after a reminder within fourteen days, calculated from the day following the day of the reminder by PTSD Voorbij. When the costs are higher, PTSD Voorbij will charge the actual costs incurred. Insofar as the client acted in the exercise of a profession or business, PTSS Voorbij is entitled to reimbursement of the extrajudicial (collection) costs, which costs in that case, in derogation of Article 6:96 paragraph 4 of the Dutch Civil Code and in deviation of the Decree on compensation for extrajudicial collection costs, now for then shall be set at an amount equal to fifteen percent (15%) of the total outstanding principal sum, with a minimum of seventy-five Euros (EUR 75.00) for each partially or completely unpaid invoice.

Article 10. Liability

1. PTSS Voorbij does not accept any liability whatsoever for damage caused by or in connection with services rendered by it, unless the client demonstrates that the damage was caused by intent or gross negligence on the part of PTSS Voorbij.

2. PTSS Voorbij is not liable for damage, of whatever nature, because PTSS Voorbij relied on incorrect and/or incomplete information, data, documents, etc. provided by the client, unless this inaccuracy or incompleteness should have been known to him or her. to be.

3. The liability of PTSS Voorbij is limited to a maximum of once the invoice amount, at least that part of the assignment to which the liability relates.

4. Notwithstanding the provisions of paragraph 3 of this article, in the case of an order with a term longer than six (6) months, the liability is further limited to the invoice amount owed over the last three (3) months.

5. If damage is caused to persons or things by or in connection with the provision of services by PTSS Voorbij or otherwise, for which PTSS Voorbij is liable, that liability will be limited to the amount of the payment under the terms and conditions concluded by PTSS Voorbij. general liability insurance, including the deductible that PTSD Voorbij bears in connection with that insurance.

6. The limitations of liability of PTSD Voorbij do not apply in the event of intent.

7. Any liability of PTSS Voorbij for trading loss or other indirect or consequential loss, of whatever nature, is expressly excluded.

8. PTSD Voorbij is not liable for damage caused by loss, destruction and/or damage to entrusted images, data, documents, etc.

9. PTSD Voorbij can only be held liable for direct damage (costs that were necessary to determine the cause and extent of the damage, costs to prevent or limit the damage, etc.).

10. PTSD Voorbij does not accept any liability for indirect damage such as: missed savings, reputation damage, disappointed expectations, etc.

11. PTSD Voorbij does not accept any liability, calculated from the day one (1) year after the day on which the assignment was completed.

Article 11. Cancellation/termination of the agreement

PTSD Voorbij has the right to cancel a course, training, coaching or coaching trajectory or to refuse participation of a client or to refuse the client designated by the client without giving any reason, in which cases the client is entitled to a refund of the full amount paid by them to PTSD Voorbij. The client for a course, training, supervision or coaching trajectory has the right to cancel participation in or the assignment for a course, training, supervision or coaching trajectory in writing by e-mail and by letter. Cancellation conditions apply as mentioned in paragraphs 3 and 4. Cancellation by the client of the assignment can take place free of charge up to four (4) weeks before the start of the course, training, coaching or coaching process. In the event of non-cancellation, the client is obliged to pay the total amount of the course, training, coaching or coaching process. In the event of cancellation within four (4) weeks up to and including two (2) weeks before the start of the course, training, coaching or coaching trajectory, PTSD Voorbij is entitled to charge fifty percent (50%) of the amount due and cancellation within two (2) weeks, the full amount, one hundred percent (100%). In the event that the client or the client designated by the client terminates participation in the interim after the start of the course, training, coaching or coaching process or does not participate in it in any other way, the client is not entitled to any refund, unless the special circumstances of the case , in the opinion of PTSD Beyond, justify otherwise. An individual counseling or coaching conversation as part of a longer coaching process can be canceled or rescheduled free of charge up to seventy-two (72) hours before the start of the conversation. In the event of cancellation or relocation within seventy-two (72) hours, PTSS Voorbij is entitled to charge the full rate agreed for the conversation, with a minimum of two hundred Euros (EUR 200.00). If the client or the designated client does not appear at the scheduled meeting, the same rates will be applied. If one of the parties materially falls short in the fulfillment of its obligations and after being explicitly pointed out by the other party, does not yet fulfill this obligation within a reasonable period of time, the other party is entitled to terminate the agreement without the terminating party the failing party owes any compensation. The performances delivered until the termination will be paid in the agreed manner. In the event of bankruptcy, the other party is also authorized to terminate the agreement without the terminating party owing the failing party any compensation.

Article 12. Personal data

By entering into an agreement with PTSS Voorbij, PTSS Voorbij is granted permission for automatic processing of the personal data obtained from the agreement. PTSD Voorbij will only use this personal data for its own activities.

Article 13. Dispute Resolution

Dutch law applies to every agreement between PTSS Voorbij and the client. This also applies if the client is established/resident abroad. Disputes arising from agreements to which these terms and conditions apply and which do not belong to the competence of the subdistrict court, will in the case of a client acting in the course of a business/profession be submitted to the competent court of the district where PTSD Voorbij is located. is. Disputes with consumers are submitted to the competent court. PTSD Voorbij and the client will initially try to resolve the dispute. Only if this has not led to a mutually satisfactory solution will legal proceedings be initiated. Applicability of the Vienna Sales Convention is excluded.