Terms & Conditions - kristyweterings.com

GENERAL TERMS AND CONDITIONS KRISTY WETERINGS

Article 1 Definitions
1. Kristy Weterings is referred to in these general terms and conditions as a service provider.

2. The other party is referred to as a customer in these general terms and conditions.

3. The agreement means the agreement of the assignment on the basis of which the service provider performs work for the customer against payment and whereby the general terms and conditions have been declared applicable.

Article 2 Applicability of general terms and conditions
1. These terms and conditions apply to all offers, invoices, activities, agreements, delivery of services and products by or on behalf of the service provider to which it has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from in writing.

2. The conditions also apply to actions of third parties engaged by the service provider in the context of the assignment.

3. The most recently sent version of these general terms and conditions always applies.

4. The applicability of the customer's general terms and conditions is expressly rejected.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable.

Article 3 Quotations
1. If no acceptance period is stated in the offer, the offer will expire after 14 calendar days.

2. The service provider cannot be held to its quotation if the customer could reasonably understand that the quotation, or a part thereof, contains an obvious mistake or error.

3. Quotations do not automatically apply to follow-up orders.

Article 4 Rates and payments
1. The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.

2. The quotation states the package price of the chosen service including VAT or the number of estimated hours required with the usual hourly rate of the service provider. Any other additional costs, such as travel expenses, are included.

3. If no fixed price has been agreed, the rate can be determined on the basis of hours actually spent. An estimate of the number of hours required will be given on the quotation. This estimate is based on experience with similar projects. No rights can be derived from this estimate. If it appears that more effort is required, this will be made known to the customer in good time. The final invoiced amount is calculated according to the usual hourly rates of the service provider on the basis of hours actually used.

4. With acceptance of the quotation, the obligation to pay arises, even if the entire process or the entire course is not completed. The Service Provider is entitled to request a down payment.

Services that take place on the basis of an hourly rate are invoiced monthly in arrears. The Service Provider is entitled to suspend the work until the (next) payment has been made.

5. The rates agreed when entering into the agreement are based on the price level applied at that time. The Service Provider has the right to adjust the fees at any time, if changed circumstances require this. Adjusted rates will be communicated to the customer as soon as possible.

6. If necessary, the customer will receive an extra invoice for costs that have not yet been invoiced for additional work caused by changed wishes or circumstances. Additional work will be communicated to the customer in a timely manner, will only be carried out after proper consultation and will be calculated on the basis of the usual hourly rate of the service provider.

7. Invoices must be paid within 10 working days after the invoice date, unless the parties have made other agreements about this in writing or a different payment term is stated on the invoice.

8. If the customer fails to pay an invoice on time, it will be in default by operation of law and will owe statutory interest. The interest on the due and payable amount will be calculated from the moment the customer is in default until the moment of payment of the full amount due.

9. If the customer is in default or fails to fulfill his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the customer.

10. In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, the claims of the service provider are immediately due and payable and any licenses already granted will lapse.

Article 5 Customer information
1. The Client shall make all information relevant to the performance of the assignment available to the service provider in a timely manner.

2. The Customer guarantees the correctness, completeness and reliability of the information made available, even if it originates from third parties. The Service Provider will treat the data confidentially.

3. The customer indemnifies the service provider against any damage resulting from failure to comply with the provisions of this article.

4. If the customer does not make the requested information available or does not make it in time and the execution of the assignment is delayed as a result, the resulting additional costs will be borne by the customer.

Article 6 Execution of the agreement
1. The Service Provider carries out the assignment to the best of its knowledge and ability. It is not liable for failure to achieve the result intended by the customer.

2. Because some services of the service provider are provided online, it cannot guarantee that its services are available at any time at any location.

Article 7 Amendment of the agreement
1. If during the execution of the assignment it appears that it is necessary to change or supplement the work to be performed, the parties will adjust the agreement in good time and in consultation.

2. If the parties agree that the agreement will be amended or supplemented, the time of completion may be influenced. The Service Provider will inform the Customer of this as soon as possible.

3. Cancellation of an agreement by the customer is only possible in writing. Cancellation within 48 hours before the start of the work results in the obligation to pay 15% of the quoted amount.

4. A separate consultancy meeting can be moved free of charge up to 24 hours before the start; if moved or canceled within 24 hours, or if the session is absent, the session will be canceled and will be charged as such.

5. It is not possible to exchange and/or return purchased digital products, including an online course. By ordering and paying for the digital products, the customer gains access to his purchase. The customer expressly agrees that he hereby waives the right to make use of the cooling-off period and the right to revoke the agreement.

6. A coaching program is in principle taken for 3 or 6 months and is not automatically extended afterwards. If the customer wishes to end the journey earlier than the minimum duration, there will be no refund of the amount already paid.

7. The Service Provider reserves the right to make changes to the dates and location of a workshop. In case the location or data is changed by the service provider, the customer has the right to cancel within 72 hours after notification of the change or to register free of charge for a workshop at a later time. Any refund of the amount already paid by the customer will take place within 10 working days after the change.

8. When the customer is unexpectedly unable to attend a workshop, the following cancellation conditions apply: the customer can cancel his purchase free of charge up to 48 hours before the start. Within 48 hours before the start, the customer is entitled to transfer the proof of purchase to another person, as long as this other person meets the same participation conditions and the new details are passed on to the service provider.

9. Contrary to what is stated in the previous paragraph of this article, different conditions of an event platform such as “Eventbrite” may apply to the purchase of tickets for a workshop.

Article 8 Online course
1. If the offer is accepted and the course is purchased online, a payment obligation immediately arises for the customer.

2. Customer receives access to the course after purchase. The course is therefore excluded from the right of withdrawal, so that the customer does not have the opportunity to cancel the purchase with a refund of the purchase amount. If the content is made available in parts, in the event of cancellation the customer is obliged to reimburse the content made available up to that point on a pro rata basis.

3. The Customer will only receive access to the content after payment of the agreed amount.

4. The service provider has the right to adjust the fees when a course is given again. She also has the right to adjust the price in the run-up to a course for promotional purposes.

5. The Service Provider performs the agreement to the best of its knowledge and ability. However, it is not responsible for not achieving the result that the customer intended with the purchase. The Customer remains responsible at all times for applying or performing knowledge or actions as gained during a course.

6. Because a third party platform is used to provide the course, the service provider cannot guarantee that the course will be available at any time and at any location.

7. The Service Provider reserves the right to refuse participation at all times.

8. Dienstvelener is entitled to expand, limit or adjust the content of a course.

9. Customer obtains a limited and personal right to use the content of the course for personal purposes. The course is intended to inspire, not copy. Customer may share parts of the content on social media to a limited extent when this material is provided with the name of the service provider.

10. The information provided during the course remains the property of the service provider. It will indicate in good time until when the content is available. It is the customer's own responsibility to view the material in a timely manner and where the opportunity is given to store it.

11. During participation in a course, participants can communicate with each other, for example by posting comments in the community under posts. The customer declares not to send spam or otherwise unwanted messages. Acting in violation of these conditions may result in immediate denial of access and use of the services of the service provider.

12. The service provider is at all times free to remove communication or other parts of the shared information without further notice, if the content of this communication and information justifies its removal.

13. The service provider reserves the right to exclude participants who hinder or complicate the course of a course through their behavior from further participation and, if necessary, from future participation. Exclusion does not affect the obligation to pay the costs for the relevant content.

Article 9 Force majeure
1. In the event of force majeure, the parties are entitled to interrupt or move the agreement. Force majeure is, among other things, if the performance of the agreement is prevented, temporarily or otherwise, by circumstances beyond the parties' reasonable control, such as illness, accidents, fire or government measures.

2. If a situation as described in the first paragraph of this article occurs, or if other circumstances occur as a result of which the agreement cannot be continued temporarily, the obligations will be suspended as long as the parties cannot fulfill their obligations. In such a situation, the parties jointly look for a solution. If this situation continues without a suitable solution, both parties have the right to dissolve the agreement in writing without undoing. The costs incurred and hours worked until then become immediately due and payable.

3. In the case of a B2B agreement, the parties are obliged to move the agreement and the payment obligation remains in effect.

Article 10 Liability damage
1. The Service Provider is not liable for damage resulting from this agreement, unless the damage was caused intentionally or with gross negligence.

2. The service provider is not liable for damage caused by relying on incorrect or incomplete data provided by or on behalf of the customer.

3. Customer is ultimately responsible for checking the quality of the work performed.

4. The Customer remains responsible at all times for the application or implementation of knowledge or actions as gained during a process, workshop or online course.

5. In the event that the service provider owes compensation to the customer, the damage will not exceed the amount paid out by the liability insurance or charged by the service provider to the customer.

6. The customer indemnifies the service provider against all third-party claims related to the services and products it supplies.

Article 11 Intellectual property
1. The intellectual property rights to the materials and advice made available to the customer by the service provider are vested in the service provider. The customer is expressly not permitted to reproduce, publish or make available to third parties the material and documentation provided without prior permission.

2. Any act contrary to the provisions of this article is regarded as copyright infringement.

3. In the event of infringement, the service provider will be entitled to compensation amounting to at least three times its usual license fee for such a form of use, without losing any right to compensation for other damage suffered.

4. When image recordings are made by the customer during a workshop, this must be made known to the service provider at all times and it is expressly prohibited to use these recordings for purposes other than personal use. If other participants appear in this footage, their permission is also required.

Article 12 Special provisions 1. Both parties are bound to secrecy with regard to all confidential information they have obtained in the context of their agreement. Customer is referred to the privacy statement for more information.

Article 13 Complaints 1. The customer is obliged to make complaints about offers, invoices and/or the services and products provided as soon as possible, but no later than 48 hours after the complaint arose, in writing and with reasons, to the service provider. It aims to handle complaints within 48 hours.

2. Submitting a complaint does not suspend the payment obligation.

Article 14 Dispute Resolution
1. Dutch law applies to these general terms and conditions.

2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

3. All disputes will be settled by the competent court in the district in which the service provider is located, unless a legal obligation stipulates further.

4. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the service provider and third parties involved is 12 months.

Additional conditions membership
Payment
1. By entering into a membership, the obligation to pay arises for the entire period of membership, with a minimum term of one month, even if the benefits of membership are not used during this entire period.

2. The rates agreed when entering into the agreement are based on the price level applied at that time. The Service Provider has the right to adjust the fees.

3. If the member fails to pay an invoice on time, a direct debit cannot be collected, a direct debit is withdrawn without a valid reason or a payment is reversed when a membership has not been canceled on time or correctly, the member is after the one-off sending of a reminder or notice of default is legally in default and owes statutory interest. The interest on the due and payable amount will be calculated from the moment that the member is in default until the moment of payment of the full amount due.

4. Payment for the membership is made monthly in advance. If the member is in default or fails to fulfill its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the member.

5. If the member fails to pay on time, access to the content will be denied. If the membership has not been canceled in time or correctly, the payment obligation will continue to exist in such a case.

Participation
1. It is not possible to enter into a membership when the age of 18 has not yet been reached.

2. The Service Provider performs the agreement to the best of its knowledge and ability. However, she is not responsible for not achieving the result that member intended with her membership.

3. Because the services of the service provider are provided online and use is made of a platform of a third party, it cannot guarantee that its services are available at any time at any location.

4. A membership is in principle personal and can only be transferred if the name of the person for whom the membership is intended is passed on in writing to the service provider within 3 working days after purchase.

5. The Service Provider reserves the right to refuse a member at all times.

6. The offer and activities that are part of a membership may change from time to time. The Service Provider is entitled to expand, limit or modify the content. If a change takes place, this member will not be entitled to a refund.

Intellectual property
1. The service provider grants the member a limited, personal, non-exclusive, non-sublicensable and revocable right to use a membership for personal purposes. The content is meant to inspire, not copy.

2. Shared content may not be copied, shown to third parties, made available, resold or used in any other way than that for which the membership is intended without the written permission of the service provider. Member may share parts of the content on social media to a limited extent when this material is provided with the name of the service provider. If other members are visible on this content, their permission is also required.

3. Acting in violation of this article constitutes an infringement of copyright. In such a case, the Service Provider is entitled to invoice the Member for the damage suffered and, if justified, to terminate the membership.

4. The information and services provided during the term of the agreement remain the property of the service provider. It will indicate in good time until when the content is available. It is the member's own responsibility to go through the material in a timely manner and where the option is given to save it.

5. Content will be available to existing members for two months. New members will only be able to access new content from the time of purchase.

Communication
1. Members can communicate with each other during a membership. The member declares not to send spam or otherwise unwanted messages. Acting in violation of these conditions may result in immediate denial of access and use of the services of the service provider. This includes making racist statements, swearing, online bullying, threatening, sending offensive messages or sending hate messages.

2. The service provider is at all times free to remove communication or other parts of the shared information without further notice, if the content of this communication and information justifies its removal.

3. The service provider reserves the right to exclude members from further participation and, if necessary, from future participation, whose behavior hinders or complicates the services of the service provider. Exclusion does not affect the obligation to pay the costs for the relevant period.

Change and Cancellation
1. A paid membership is an ongoing subscription with a term of at least one month, until timely cancellation by the member. Termination is only final after confirmation by the service provider.

2. Valid cancellation of the membership must take place as follows: after a minimum term of one month, the member must contact the service provider in writing at least before the first of the following month. If cancellation is not done in time or incorrectly, the membership and thus the direct debit for one month and cancellation is only possible again with the next direct debit.

3. In the event of unforeseen circumstances, the service provider has the option to interrupt, move or cancel a membership, or part of the membership. Unforeseen circumstances include circumstances that arise with regard to materials that are necessary for the proper performance of the agreement. The service provider will notify the member of a change as referred to in this paragraph as soon as possible and will provide a suitable solution so that the value of the membership is delivered at all times as may be expected.

4. Service Provider reserves the right to change or discontinue part or all of the functionality of the membership for a certain period of time or forever. If the offer of membership is terminated, this will be communicated to the members no later than one and a half months prior to the end date and a direct debit will be stopped per end date. If a direct debit has already taken place, the amount already paid will be refunded within 10 working days.