Definitions
In these Terms and Conditions, the following definitions shall apply:
STERKE LEIDERS: The coaches/trainers on whose behalf the coaching, training or related work under the working title STERKE LEIDERS is offered under the application of these Terms and Conditions.
Client: The natural or legal person who has commissioned STERKE LEIDERS to provide coaching, training or related services.
Coachee: The natural person who participates in a counseling process in the field of coaching or related work.
Services: All work commissioned, resulting from, or directly related to the assignment, all in the broadest sense of the word.
Agreement: Any agreement between the Client and STERKE LEIDERS to provide services by STERKE LEIDERS on behalf of the Client.
Article 1: General
1.1 All offers and quotations of STERKE LEIDERS and all agreements concluded with STERKE LEIDERS are subject to these terms and conditions, unless otherwise expressly agreed in writing.
1.2 The applicability of any terms and conditions of the client not specified herein is expressly rejected.
Article 2: Mutual obligation
2.1 Quotes of STERKE LEIDERS are based on the information provided by the client. The client warrants that to the best of its knowledge, he has provided all essential information for the design and execution of the assignment. STERKE LEIDERS will perform the services to be provided by STERKE LEIDERS to the best of its knowledge and ability. This obligation has the nature of a best efforts obligation, not a result obligation, whereby STERKE LEIDERS is obliged to perform the obligations to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2.2 In order for the execution of the assignment to proceed properly and as much as possible according to schedule, the client shall timely provide all documents and information STERKE LEIDERS needs for the execution of the assignment.
2.3 This also applies to the provision of employees and any adequate workspace within the client's own organization, to the extent necessary for the execution of the assignment.
Article 3: Execution of assignment and personnel
3.1 STERKE LEIDERS determines the manner in which the granted assignment is carried out.
3.2 STERKE LEIDERS may, in consultation with the client, change the composition of the assignment leadership or assignment team, if it deems it necessary. The change may not reduce the quality of the services to be provided nor adversely affect the continuity of the work. A change in composition may also occur at the request of the client in consultation with STERKE LEIDERS.
3.3 The involvement or engagement of third parties in the execution of an assignment by the client or STERKE LEIDERS is done only by mutual agreement.
3.4 Neither party may, during the execution of the assignment and within one year after termination of an assignment, hire or negotiate with the other party's employee about employment, other than in consultation with the other party.
Article 4: Rates of in-company and customized leadership programs and coaching
4.1 STERKE LEIDERS is permitted to change the rates semi-annually in the context of a complete rate change, with the understanding that new rates must be communicated to the client at least one month before taking effect.
4.2 Time, travel and accommodation costs associated with transportation and overnight stays of employees of STERKE LEIDERS in connection with the assignment may be billed by STERKE LEIDERS to the client. This is explicitly stated in the quotation.
4.3 Any other assignment-related costs may also be billed by STERKE LEIDERS to client.
Article 5: Terms of Payment
5.1 STERKE LEIDERS invoices client at the time the quote for the assignment is approved in writing by client.
5.2 Payment must be made within fourteen days of the invoice date, unless otherwise specified on the invoice. If the invoice is not paid within this period, a reminder will be sent after seven days. If the invoice is not paid within the term of the reminder, a second reminder will be sent. Also, the incurred administration and agency costs will be charged to client. If payment is not made, STERKE LEIDERS may, relying on the uncertainty exception, suspend the (further) execution of the assignment. If the client is in default or fails to fulfill one or more obligations, then all reasonable costs to obtain satisfaction will be charged to the client. If payment is not made, STERKE LEIDERS may, relying on the uncertainty exception, suspend the (further) execution of the assignment. If the client is in default or fails to fulfill one or more obligations, then all reasonable costs to obtain satisfaction of the costs of STERKE LEIDERS will be borne by the client, both judicial and extrajudicial.
Article 6: Change of assignment of incompany and customized leadership programs
6.1 STERKE LEIDERS reserves the right to revise the time schedule of the assignment, if the parties agree in the interim to expand or change the approach, method of the assignment and / or the resulting work. If the interim change of the assignment arises due to the fault of the client, STERKE LEIDERS will make the necessary adjustments, if the quality of service requires it. If an adjustment results in additional work, this will be confirmed and billed to the client as an additional assignment after consultation with the client.
Article 7: Premature termination of the assignment of incompany and customized leadership programs
7.1 Except by completion of the commissioned work, the agreement may - subject to all rights - terminate with immediate effect if one of the parties is declared bankrupt, has applied for a moratorium, or discontinues the business, as well as if one of the parties is guilty of violation of any provision of the agreement concluded between the parties and these general conditions and has not remedied this violation within fourteen days after a demand to that effect.
7.2 In the case of providing incompany and customized leadership programs STERKE LEIDERS reserves the right, in case of insufficient participation, which is at the sole discretion of STERKE LEIDERS, to terminate the agreement with a refund of the amounts already paid.
Article 8: Cancellation or modification of the order by the client of incompany and customized leadership programs
8.1 Upon cancellation of an approved workshop, all out-of-pocket expenses incurred plus all hours worked will be charged. In addition: in case of cancellation up to 1 full month before the appointment: 50% of the budget. For cancellation in the month prior to the booking, or on the day of the booking itself: a supplement up to 100% of the quote.
8.2 If costs have been incurred by STERKE LEIDERS for hotel and/or location for the assignment, all costs in case of cancellation charged by the hotel and/or location to STERKE LEIDERS will be invoiced to the client.
Article 9: Cancellation or modification of the assignment by the client of individual counseling or coaching
9.1 Cancellation or modification of individual counseling or coaching may be done free of charge up to five business days prior to the scheduled appointment. For cancellation or modification between five and two working days prior to the scheduled appointment, 50% of the offer amount will be invoiced to the client. For cancellation or modification one day prior to the scheduled appointment, or on the day itself, 100% will be invoiced.
9.2 The participant of a coaching trajectory has the right to temporarily stop the trajectory in order to resume it within six months. Also, the participant of a coaching process has the right to change coach in the interim as long as it is represented by STARK LEADERS.
Article 10: Cancellation or modification by the client of individual participation in a workshop
10.1 Cancellation or modification of individual participation in a workshop is only possible by agreement if notified at least four weeks before the start of the workshop. The participant can then be placed in the next scheduled workshop group.
10.2 Upon the departure of an employee at the client, the client can have another employee take the place in the already scheduled group. If this is not convenient for the client at that time, the client has twelve months to exercise this right.
Article 11: Liability
11.1 STERKE LEIDERS is not liable for damage caused by and / or during the use of services provided by STERKE LEIDERS, even if such damage is caused by the actions of third parties STERKE LEIDERS in the implementation of the agreement.
11.2 STERKE LEIDERS is liable for shortcomings in the execution of the assignment, insofar as they are the result of not exercising the care, expertise and craftsmanship that may be relied upon in the context of the assignment in question. Liability for damages caused by the shortcomings shall be limited to the amount of the fee received by STERKE LEIDERS for work done in the context of the assignment. For assignments that have a longer lead time than six months, a further limitation of the liability referred to here is to a maximum of the fee over the last six months.
11.3 The client indemnifies STERKE LEIDERS for claims of third parties.
11.4 In carrying out the assignment, STERKE LEIDERS is not liable for loss, theft or damage to personal property.
11.5 If the assignment is given by more than one client, all clients are jointly and severally liable for the fulfillment of the obligations of these terms and conditions.
11.6 STRONG LEADERS has the right to reasonably exclude a participant from participation without the participant being entitled to a refund.
Article 12: Confidentiality and exclusivity
11.1 STERKE LEIDERS is obliged to maintain the confidentiality of all information of the client towards third parties. In the context of the assignment, STERKE LEIDERS will take all possible precautions to protect the interests of the client.
11.2 What is discussed between the coach of STERKE LEIDERS and the participant is one hundred percent confidential. Third parties - including clients - never receive direct feedback on the content of Strong Leaders' sessions. A series of sessions can be concluded with an evaluation session with the participant, the client and the coach. In that case the participant decides which parts of the program will be discussed.
11.3 All intellectual and / or industrial property rights regarding data and information provided by STERKE LEIDERS to the client, in whatever form, remain the property of STERKE LEIDERS. Duplication and / or distribution and / or exploitation of information provided by and / or through STERKE LEIDERS is not allowed without the express written consent of STERKE LEIDERS.
11.4 By entering into an agreement with STERKE LEIDERS, permission is granted to STERKE LEIDERS for automatic processing of personal data obtained from the agreement. These personal data will use STERKE LEIDERS exclusively for its own activities. STERKE LEIDERS will manage the personal data obtained in the manner advocated by the Data Protection Act.
Article 13: Copyright
13.1 The copyright on works created in the execution of the agreement by STERKE LEIDERS is vested in STERKE LEIDERS.
13.2 STERKE LEIDERS is entitled to knowledge and experience gained in any form in the implementation of this agreement to use for scientific education and research and service to third parties in compliance with Article 12.
Article 14: Applicable law and choice of forum
14.1 All agreements between the client and STERKE LEIDERS to which these general conditions apply are exclusively governed by Dutch law.
General Terms and Conditions: Version November 2022
