General terms and conditions

Last updated 25-07-2024
General Terms and Conditions for companies and private individuals of Praktijk Yunoni.

I. General
I. In the general terms and conditions the following definitions apply:
i. Client: the party that gives the order. The client can be a natural or legal person.
ii. Contractor: “Praktijk Yunoni”, located in Wassenaar. “Praktijk Yunoni” provides personal services to companies and private individuals.
iii. Client: the person who actually uses the contractor’s services.
iv. General terms and conditions: these general terms and conditions.
v. Quotation: a formal offer of work from “Praktijk Yunoni” to the client.

II. Applicability
I. The conditions form part of every agreement between the client and the contractor, unless expressly deviated from in writing. The conditions are known to both parties when entering into the agreement.

III. Realization of the agreement
I. The agreement is concluded at the time that the quotation issued by the contractor on behalf of the client has been signed by the client and has come into the possession of the contractor.
II. If no quotation has been submitted, the agreement will be concluded when the contractor has received written confirmation from the client of the provision of personal (group) sessions to one or more clients.

IV. Quotations
I. All quotations are without obligation unless they contain a term for acceptance. If a quotation/offer contains an offer without obligation and this is accepted by the other party, the other party has the right to revoke the offer within two days of receipt of the acceptance.
II. In the case of composite prices, there is no obligation to deliver a part at a corresponding part of the price stated for the whole.
III. The contractor is authorized to engage third parties to carry out the agreed work.

V. Obligation of the client
I. The Client is obliged to make available in a timely manner all information, both written and oral, that the Contractor believes it needs for the preparation of a quotation and the correct execution of the assigned assignment.
II. The Client guarantees the accuracy, completeness and reliability of the information made available to the contractor, even if it comes from third parties.
III. If agreements have been made about the provision by the client of materials, supplies or facilities for the benefit of the assignment granted, the client will make these available in a timely manner and as agreed.
IV. The additional costs resulting from a delay in the execution of the assignment and the additional fee arising from failure to provide the required information, materials, supplies or facilities, or not making them available on time or properly, will be borne by the client.

VI. confidentiality
I. Unless the contractor has a legal obligation to disclose, it is obliged to maintain confidentiality towards third parties regarding information that falls under the professional secrecy or the ethical code of confidentiality of the contractor, as well as information that the contractor regards as confidential.
II. Personal files are only available for inspection by the counselor and the client in question. Regardless of who pays for the service. Inspection is also possible during a personal contact between counselor and client.
III. Reporting to the client or to third parties regarding clients can only take place after consultation and with the permission of the client involved.
IV. The contractor is not entitled to use the information made available to it by the client for a purpose other than that for which it was obtained. An exception is made if the contractor acts on his own behalf in disciplinary, civil or criminal proceedings in which this information may be important.
V. If the contractor engages third parties, the obligations in this article also apply to them.

VII. Fees, costs, rates
I. The contractor’s fee is not dependent on the outcome of the assignment.
II. If rates and/or prices change after the conclusion of the agreement, but before the assignment has been fully executed, the contractor is entitled to charge the agreed rate
to be adjusted accordingly, unless the client and contractor have made other agreements about this.
III. The contractor’s fee includes costs incurred by the contractor for the assignment, which also includes materials and room rental and includes costs for engaging third parties unless otherwise agreed.
IV. If it has been agreed that certain costs will be invoiced separately to the client, the contractor is obliged to keep an account of the said costs and make them available for inspection at the client’s request.
V. If it has been agreed that the contractor’s remuneration is based on an hourly rate, the contractor is obliged to keep an account of hours and make it available for inspection at the request of the client. The applicable hourly rate is determined in the agreement, and it is also recorded here which activities are regarded as billable hours.
VI. For all appointments with companies and private individuals, appointments that are not canceled or rescheduled 24 hours in advance may be charged.

VIII. Payment
I. Payment must be made without deduction, discount or debt settlement, before the date stated on the invoice.
II. If the client has not paid within the term referred to in paragraph 1, the contractor is entitled, after having reminded the client at least once to pay, without further notice of default and without prejudice to the other rights of the contractor, to charge statutory interest from the due date up to on the date of full payment. If payment has not been made after the first reminder, a collection agency can be called in.
III. All reasonable judicial and extrajudicial (collection) costs incurred by the contractor due to the client’s failure to fulfill its payment obligations will be borne by the client.

IX. Objections
I. Objections regarding work performed and the invoice amount must be communicated to the contractor in writing within 60 days after the date of dispatch of the documents or information about which the client is complaining, or within 60 days after the date of the service performed.
II. Objections as referred to in paragraph 1 do not suspend the client’s payment obligation.
III. In the event of a well-founded objection, the contractor has the choice between adjusting the fee charged, improving or re-performing the rejected work free of charge or not carrying out the assignment in whole or in part or no longer carrying out the assignment in return for a refund in proportion to the amount due. client has already paid a fee.
IV. The contractor is not liable for the consequences of errors in the assignment or due to incorrect information provided by the client or failure to make materials or facilities available (on time) by the client.

X. Delivery time
I. Periods within which the work must be completed can only be regarded as strict deadlines if this has been expressly agreed.

XI. Termination and cancellation
I. If, in the opinion of the client or the contractor, the progress of the services is seriously hampered, the client and contractor can agree after oral consultation to cancel the further assignment.
II. Termination must be communicated to the other party in writing.
III. If the client cancels the assignment in whole or in part, he or she is obliged to reimburse the contractor for all costs reasonably incurred with a view to the execution of this assignment: all without prejudice to the contractor’s right to compensation for loss of profit.
IV. The client will be deemed to be in culpable default without further notice:
a. in the event that he does not fulfill any obligation under the agreement, does not do so completely or does not do so on time.
b. in the event of bankruptcy or suspension of payment of himself or his company.
c. upon liquidation of his company
V. In these cases, the contractor has the right, without notice and/or legal intervention, to either suspend the execution of the agreement in whole or in part, or to dissolve the agreement in whole or in part, without being obliged to pay any compensation.

XII. Liability
I. The contractor will perform its work to the best of its ability and observe the care that can be expected of a coach/counselor.
II. The contractor is not liable for damage resulting from incorrect or incomplete information provided by the client or client. If the client demonstrates that he has suffered damage due to an error by the contractor that would have been avoided if careful action had been taken, the contractor is only liable for the damage up to a maximum of the amount of the fee for the assignment in question for the last calendar year, unless there is intent or equivalent gross negligence on the part of the contractor.

XIII. Force majeur
I. In the event of illness or temporary or permanent incapacity for work of the contractor, he will endeavor to replace him with a third party. If this proves impossible, illness and temporary or permanent incapacity for work releases the contractor from complying with the agreed delivery period or from its delivery obligation, without the client being able to assert any right to compensation for costs or (property) damage.
II. In the event of force majeure, the contractor will immediately notify the client. After receiving this notice, the client has the right to cancel the assignment in writing for a period of eight days, but under the obligation to purchase from the contractor and to compensate it for the executed part of the assignment.

XIV. Expiration period
I. Unless otherwise stated in these general terms and conditions, rights of action and other powers of the client on whatever grounds against the contractor in connection with the performance of work by the contractor will in any case lapse after one year after the moment at which the client became aware or reasonably could have been aware of the existence of these rights and powers.

XV. Applicable law
I. Dutch law applies to all agreements between the client and the contractor to which these terms and conditions of delivery apply.
II. The parties designate the court that has jurisdiction in the contractor’s place of residence as the competent court.
III. To the extent that the work for the assignment concerns work that falls within the field of expertise of the professional organization to which the coach/counselor is affiliated, the coach/counselor is bound by the provisions of her professional organization during the performance of her work. The complaints regulations of the relevant professional organization are valid to the extent that any complaint falls within the scope of the complaints procedure invoked by the client or client.

Yunoni
KvK: 94046018
BTW: NL005063731B04