General Terms and Conditions
1. Definitions
These Terms and Conditions ("Terms") govern the provision of coaching, consulting or education services ("Services") by Re-Humanise ("Coach") to you, the Client ("Client"). Client may be an individual, group, business, organisation or other legal entity. By engaging Coach’s Services, an Agreement (“Agreement”) will be formed. Client agrees to be bound by these Terms.
2. General
2.1 The provisions of these Terms are applicable to all Agreements between Coach and Client and govern all aspects connected with the performance of services between the parties.
2.2 Any of Client’s contractual terms that deviate from/contradict these Terms shall not be recognised, regardless of whether they represent a substantial amendment of the Agreement. Client’s general terms and conditions, that differ from or do not appear in these Terms apply only if and insofar as they have been expressly accepted by Coach in writing and signed by an authorised person.
2.3 In the event that any provision of these Terms is declared void or are voided, the remaining provisions of these Terms will remain fully effective, and when necessary Coach and Client will agree on new provisions to replace the void or voided ones. When doing so, the purpose and meaning of the void or voided provision will be taken into account as far as possible.
3. Agreement and Services
3.1 Coach is an independent contractor and not an employee of Client.
3.2 Coach offers a variety of consulting, education and coaching programs which may include group or individual sessions (collectively, "Programs" and/or “Services”). The specific Services or Programs to be provided will be detailed in a separate proposal ("Proposal") agreed to by both parties. The Proposal will outline the scope of work, deliverables, timelines, and fees.
3.3 If, during the performance of the Services, it becomes clear that proper performance necessitates changes to the activities to be performed and/or supplemental activities, Coach and Client have the right to amend or supplement the Agreement accordingly in consultation and in a timely manner. Such changes are only binding on Coach if Coach has confirmed these in writing.
4. Client Responsibilities & Rights
4.1 Client agrees to:
Provide Coach with timely access to all relevant data and information.
Cooperate with Coach throughout the project or program.
Designate a qualified point of contact for the program (in cases in which Client is a group, organisation, business or entity).
Review and approve deliverables as outlined in the Proposal.
Actively participate in coaching sessions.
Be truthful and forthcoming with Coach.
Provide accurate information about their goals and expectations.
In cases in which Client is an organisation, business or entity, allow coach to mention Client’s name and use Client’s logo in its external communication materials and/or other marketing materials, including corporate website, press releases and presentations to identify Client as Coach’s Client and to describe Client’s use of the Services.
5. Coach Responsibilities & Rights
5.1 Coach agrees to:
Perform Services with professional skill and care.
Use commercially reasonable efforts to meet the timelines outlined in the Proposal.
Keep Client informed of project progress.
Maintain the confidentiality of all Client data and information.
6. Intellectual Property
6.1 Coach retains ownership of all intellectual property developed by Coach specifically for the project.
6.2 All materials provided by Coach, including handouts, worksheets, and recordings, are the intellectual property of Coach. Client may not reproduce or distribute these materials without Coach's written consent.
6.3 Coach may grant Client a non-exclusive license to use any deliverables developed for the project.
6.4 Client owns all rights to their data and information.
7. Fees and Payment
7.1 All prices are exclusive of Value Added Tax (VAT) and other product or service specific levies imposed by the authorities.
7.2 All prices are exclusive of travel fees and expenses.
7.3 All prices quoted by Coach are in euros and client must pay in euros.
7.5 Fees for Services will be as outlined in the Proposal.
7.6 Payment terms will be as outlined in the Proposal.
7.7 If Client fails to pay the invoice within the agreed timeframe, Client will be deemed to be in default by operation of law, with no notification of default being required. In such event, Client shall owe interest amounting to the maximum legally permissible interest rate. The interest over the amount due and payable will be calculated from the time that Client is in default until the time that the full amount is paid. In addition, Client is obliged to compensate both the judicial and extrajudicial collection costs, including but not limited to, lawyer’s and bailiff’s fees and the costs of collection agencies.
7.8 In the event Client should be under a periodic payment obligation, Coach may adjust the applicable prices and rates, in writing and in accordance with the index or any other criterion included in the agreement, within the period specified in the agreement. If the agreement does not explicitly provide for the possibility to adjust the prices or rates, Coach may adjust the applicable prices and rates in writing with due observance of a period of at least three months. If, in the latter case Client does not want to accept the price adjustment, Client is entitled to terminate the agreement by serving notice of termination in writing, within thirty days following the notification of the adjustment and effective from the date on which the new prices and/or rates would take effect.
7.9 Disputed invoices should be notified in writing as soon as reasonably possible but no later than 14 (fourteen) calendar days after the relevant invoice date, identifying clearly the disputed part of an invoice and the reasons why it is challenged. 14 (fourteen) calendar days after the relevant invoice date, invoices will be deemed as correct and form no basis for complaint.
8. Proposals & Quotations
8.1 The Proposals, including quotations therein, drawn up by Coach are valid for 30 (thirty) days after the date of the Proposal, unless expressly indicated otherwise. These Proposals are without obligations and are only binding on Coach if Client confirms acceptance of the Proposal in writing within 30 (thirty) days without any deviations.
8.2 The acceptance of Proposal is not binding on Coach if the acceptance deviates on significant or insignificant points from the offer included in the quotation. In such event, the Agreement shall not be concluded, unless indicated otherwise by Coach.
9. Term and Termination
9.1 The term of the Agreement will commence on the Effective Date of the Proposal and continue until the completion of Services or utilisation of the agreed hours or days.
9.2 In the case of a 1:1 individual private coaching session specifically, client may cancel with at least 24 hours’ notice without incurring charges. Cancellations within 24 hours, or missed sessions, will be charged at full price or forfeited in the case of a package.
9.3 Coach may terminate Services at any time for cause, including but not limited to Client's non-payment or disruptive behaviour.
9.4 Client may terminate Services with written notice. No refunds will be given on pre-paid packages.
10. Confidentiality
10.1 Both parties agree to maintain the confidentiality of all non-public information disclosed by the other party during the course of the project.
10.2 Coach will maintain the confidentiality of all information disclosed by Client during coaching sessions, except as required by law or to prevent harm to Client or others.
11. Disclaimer and Limitations of Liability
11.1 Coach’s services are for informational purposes only. Coach does not guarantee any specific results. Client is responsible for their own decisions based on the information provided by Coach. Coach is not liable for any damages arising from Client's use of the Services.
12. Force Majeure
12.1 Neither party will be liable for delays or failures in performance due to causes beyond their reasonable control, such as acts of God, natural disasters, or war.
13. Governing Law and Dispute Resolution
13.1 These Terms shall be governed by and construed in accordance with the laws of the Netherlands.
13.2 Unless agreed otherwise by the Parties, any differences that arise from or are associated with this Agreement shall be settled by competent court of the Netherlands.
13.3 In the event of disputes arising from the Agreement, or from ensuing agreements to which these Terms apply, the Parties must first try to reach an out-of-court settlement, notwithstanding the right to take precautionary measures or obtain interim relief. The Parties shall only appeal to the court after they have made every possible effort to resolve the dispute between themselves, in so far as is reasonable.
14. Entire Agreement
14.1 These Terms constitute the entire agreement between Coach and Client regarding the Services and supersede all prior or contemporaneous communications and proposals.
15. Amendment
15.1 Coach reserves the right to amend these Terms at any time. Client will be notified of any changes and will have the opportunity to terminate the Agreement if they do not agree to the amended Terms.
15.2 If the said amendments have a significant negative impact on the (use of) Services, Client may serve notice to terminate the Agreement, provided such notification to that effect is received by Coach before the date when the amendment takes effect. Client has no entitlement to compensation for damages arising as a result. Use of the Service after the date of effect shall constitute Client’s acceptance of the changed or added-to terms and conditions.
16. Notices
16.1 All notices required or permitted hereunder shall be in writing. Written/in writing’ in these General Terms and Conditions also refers to e-mail communication, provided the identity of the sender and the integrity of the contents can be adequately established. The electronic communications do, however, not include direct messaging services such as WhatsApp, Facebook Messenger, iMessage, Slack, Skype, Facetime etc.
17. Contact Information
For questions about these Terms, please contact Coach at katie@re-humanise.com