Terms and Conditions

1. DEFINITIONS

1.1  These words with capital letters used in these Terms mean the following:
Order: your order for the Services as set out in overleaf and/or your Client Agreement;
Services: the coaching services provided by Me to you as set out in the Order;
Programme(s)/Course(s): the Services as set out in overleaf and/or your Client Agreement;
Sessions: the online group coaching sessions and/or online and in-person sessions;
Terms: the terms and conditions set out in this document;
I /Me/My: Yvonne van Dalen, Business Coach and Strategist;
Event Outside Of My Control: is defined in clause 7;
1.2  When I use the words “writing”, “in writing” or “written” in these Terms, this will include email unless I say otherwise.

 

2. MY CONTRACT WITH YOU

2.1  You are hiring me as a ‘Business Coach and Strategist’ and I will provide My Services to you on these Terms.
2.2  Please ensure that you read these Terms carefully and check that your details on the Order and in these Terms are complete and accurate. If you think that there is a mistake on the Order, please contact me by email. I will then confirm any changes in writing to avoid any confusion between us.
2.3  When you submit the Order to Me, this does not mean that I have accepted your Order for Services. My acceptance of the Order will take place as described in clause 2.4 below. If I am unable to supply you with the Services, I will inform you of this in writing and I will not process the Order.
2.4  These Terms will become binding when I contact you in writing to confirm acceptance of your Order and that I am happy to provide the Services to you, at which point a contract will be formed between you and Me. The contract will then continue unless and until the Services have been provided in full or as terminated as set out in these Terms.
2.5  When providing My coaching services, online and/or in-person group coaching Programmes and other business related strategies or Services you will be considered and agree to be a commercial entity.
2.6  Throughout the duration of any agreement you shall not, in any manner, represent, provide services or engage in any aspects of business or solicit any client, customer, officer, staff, consultant, or employee for your benefit or benefit of a third party that is or may be engaged in a similar business throughout the duration of this agreement and for a period not to exceed 1 year following the culmination, completion or termination of this agreement without written permission from Yvonne van Dalen.
2.7  You acknowledge and consent to digital content and intellectual property being made available to you upon entering any Programmes/Courses or Services and that upon your engagement into intellectual property and digital content within any Programmes/Courses or Services you lose your right to cancel under the Consumer Contract Law/ Consumer Rights Directive.

 

3. CHANGES TO ORDER OR TERMS

3.1  These Terms can be changed occasionally in case of a change in the relevant laws and regulatory requirements.
3.2  If I have to revise these Terms under clause 3.1, you will be given at least 2 week’s written notice of any changes to these Terms before they take effect. Under these circumstances, you can choose to cancel the contract in accordance with clause 8.

 

4. PROVIDING MY SERVICES

4.1  You will receive coaching sessions (“Session(s)”) from the date set out in the Order for a period of 90 days, 6 months, 12 months, or in the shape of a monthly membership. The amount is defined in our agreement and the Programme agreement.
4.2  The Sessions will take place online and/or in-person at the locations, dates and times agreed between us and evidenced by My communications. Each Session will be of differing length, with approximations given via communication – in the most part 45-120 minute Sessions.
4.3  I will make every effort to complete the Services on time. However, I reserve the right to change the date and time for any reason, including ill health. If I have to change the time of a Session, I will provide you with as much notice as possible.
4.4  There may be delays due to an Event Outside Of My Control. See clause 8 for My responsibilities when an Event Outside Of My Control happens.
4.5 If you are not able to attend a Session for any reason (including due to Me changing the date, time or venue), you will not be entitled to any refund but I may at My discretion offer you a catch-up Session.
4.6 I shall provide the Services to you with due care, skill and ability. However, due to the nature of My Services, I do not guarantee any particular results.
4.7 In the event I or any member of My team are unable to attend any pre-arranged meetings, coaching Session, calls or trainings of any type for any reason you agree that I can not be held liable, however every attempt will be made for another member of My team to cover the Session where possible and applicable.
4.8 In the event of disruption to any Services due to any holiday time, vacation time, maternity leave, paternity leave, bereavement leave, public/national holidays and any other leave of any kind I will provide you with as much notice as possible, however you agree I can not be held liable.
4.9 I reserve the right to limit all Services in all Programmes during any public/national holiday, weekends and festive periods.
4.10 In the event you need to cancel or fail to attend a pre-arranged Session through no fault of My own, I will make every attempt to reschedule the Session where possible as a gesture of goodwill, however I can not be held liable or in breach of the agreed Terms of Service/Contract if it is not possible to reschedule the Session and the missed Session is included in the allocation of the agreed Service I am contracted to provide to you.

 

5. FEES

5.1  The price of the Services have been set by Me in advance and are set out in the Order. My prices may change at any time, but this will not affect Orders that I have confirmed with you.
5.2  Where I am providing Services, I may at My discretion give you the option to pay for the Services in equal installments. Should you choose to pay in installments, all payments are due on time or you may be suspended or removed from the programme.
5.3  I will hold your space in the Programme for 7 days from me confirming that you have a place in the Programme with receipt of your signed Client Agreement. If you have not paid your invoice in full or your first payment in full, in cleared funds, within 7 days from the date of the invoice, your space shall be released.
5.4  If you do not make any payment due to Me by the due date I may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the De Nederlandsche Bank plus an admin fee of €99. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Me interest together with any overdue amount.
5.5 In the event you fail to meet your agreed commitments to your contracted financial obligation, I reserve the right  to suspend your enrollment into any Programmes/Courses/Services, any period of suspension will not be reimbursed financially or added as an extension onto the Programme/Course/Service.
5.6  Any payment methods used will be held on your file and attached to your account, all payments will be automatically attempted from your default method. In the event of a failed payment attempt, the next payment method on file will be used. To remove any saved payment methods from your account please contact us. Please note that you must at all times have at least one payment method saved. If a request for the removal of a payment method would result in no payment methods being saved on your account then such removal request shall be refused unless and until a valid replacement method is provided.
5.7 Any payment schedule that includes monthly payments due to be paid on either 28/29/30/31 of any specific month will automatically change to the final day of the same month when that month has fewer days.

 

6. MY LIABILITY TO YOU

6.1  I do not exclude or limit in any way My liability for death or personal injury caused by My negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot legally be excluded or limited.
6.2  My total liability under any law or in relation to the performance (or contemplated performance) of the Contract shall in all circumstances be limited to the total price paid by you for the Services.
6.3  If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of My control, I shall not be in breach of the Contract or liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
6.4  The provisions of this clause 6 shall survive termination of the Contract.

 

7. EVENTS OUTSIDE OF MY CONTROL

7.1 I will not be liable or responsible for any failure to perform, or delay in performance of any of My obligations under these Terms that is caused by an Event Outside Of My Control.
7.2  An Event Outside Of My Control means any act or event beyond My reasonable control including without limitation a failure of public or private telecommunications networks, pandemic, storm, flood, earthquake or other natural disaster.
7.3  If an Event Outside Of My Control takes place that affects the performance of My obligations under these Terms:

7.3.1  I will contact you as soon as reasonably possible to notify you; and

7.3.2 My obligations under these Terms will be suspended and the time for the performance of My obligations will be extended for the duration of the Event Outside Of My Control; and

7.3.3  I will restart the Services as soon as reasonably possible after the Event Outside Of My Control is over.

7.4  You may cancel if an Event Outside Of My Control takes place and you no longer wish Me to provides the Services. Please see your cancellation rights under clause 8. I will only cancel the Client Agreement if the Event Outside Of My Control continues for more than 8 weeks.

 

8. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

8.1  All payments made to Me for Services are non-refundable.
8.2  Either of us may terminate the Contract if the other is in material breach of any of these Terms and do not correct or fix the situation within 7 days of receiving notice of the breach in writing.
8.3  I may terminate the Contract immediately (without any liability to provide any refund to you) if I reasonably feel that you are not participating fully in the Sessions, that you are disrupting the Sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the Sessions.
8.4  On or before the date of termination of the Contract for any reason, you shall immediately pay any unpaid fees, including any outstanding fees under your installment plan (if applicable) or other sums payable under the Contract.
8.5  Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim in respect of any breach of the Contract, which existed at or before the date of termination.
8.6  All deposits paid to secure enrollment spaces are non-refundable. You agree to these terms upon payment of any funds.
8.7  If the Programme you have entered includes a 14-day money back guarantee (this will be made clear and detailed in your Client Agreement) and you wish to terminate our contract, the value of services provided to you by The Programme up to the point of cancel will be deducted from any refund of monies paid by you. In the event the value for Services provided to you by The Programme exceed the amount paid by you up to the date of cancel, you agree to immediately pay the full outstanding balance for the value of all Services provided to you by The Programme.
8.8  In the event you wish to postpone your enrollment into a Programme or Course before the date of enrollment, an offer will be made to move to your enrollment by 1 month dependent on availability, this offer will be at no extra charge.
8.9  In the event you wish to cancel your enrollment indefinitely prior to your enrollment day a termination fee of €750 (any paid deposits will be deducted from this fee) will be applied to your account and you agree to settle this payment with immediate effect. Failure to do so will result in you being held in breach of your contract.

 

9. CONFIDENTIAL INFORMATION

9.1  I acknowledge that in the course of providing the Services I will have access to Confidential Information relating to you and your affairs and I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:

9.1.1  any use or disclosure authorized by you or required by law;
9.1.2  any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
9.1.3  any information which is already in, or comes into, the public domain otherwise than through my unauthorized disclosure.

9.2 As is good practice in coaching, I undertake coaching and am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.
9.3 You must keep all information discussed in the Sessions strictly confidential.

9.4 Any trainings in which you participate while enrolled in any Programme are the sole property of Yvonne van Dalen, acting as Photographers Coach and you relinquish any and all rights when taking part.

 

10. DATA PROTECTION AND INTELLECTUAL PROPERTY

10.1 You acknowledge and agree that your personal data will be processed by and on behalf of Me as part of the Services. You agree that I may also share your personal details with other participants in the Sessions (including such details as your email address).
10.2 I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in these Terms or your Client Agreement otherwise shall transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
10.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials from any Sessions or Programmes, in doing so you agree to pay Yvonne van Dalen a license fee of €25.000,00 which is payable immediately.
10.4 I grant to you a limited, non-exclusive, non-transferable, non-sub-licensable revocable license to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
10.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.

 

11.  INFORMATION ABOUT ME AND HOW TO CONTACT ME

11.1 I am a sole trader established in The Netherlands, Europe. The relationship between us will be that of independent contractor and nothing in these Terms shall render me your employee, worker, agent or partner.
11.2 If you have any questions or if you have any complaints, please contact Me. You can contact Me by email at: info@photographers.coach.
11.3 If I have to contact you or give you notice in writing, I will do so by email to the email address which you provided in the Order.

 

12. OTHER IMPORTANT TERMS

12.1 Any content in your Client Agreement and these Terms is between you and I. No other person shall have any rights to enforce any of these Terms.

12.2 You acknowledge and agree that:

12.2.1 these Terms constitute the entire Agreement and understanding between us and supersede any previous arrangement, understanding, Client Agreement or Agreement between us relating to the provision of the Services;

12.2.2 in entering into the Contract you have not relied on anything said by any person (including any third party) relating to the provision of the Services.

12.3 Each paragraph in these Terms operates separately. If any Court or relevant authority decides that they are unlawful, the remaining paragraphs will still remain in full force and effect.
12.4 If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce My rights against you, or if I delay in doing so, that will not mean that I have waived My rights against you and will not mean that you do not have to comply with these Terms. If I do waive a default by you, I will write to you, and that will not automatically mean that I have waived any future default by you.
12.5 These Terms are governed by Dutch law. You and I both agree that the Courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Services which are being provided to you under these Terms.

Yvonne van Dalen - Copyright 2018-2020. All rights reserved.

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