Article 1: Definitions
In these general terms and conditions, the following terms have the following meanings:

Contractor:
The natural or legal person on whose behalf Loek Oudeman – Jungian therapist, coach, trainer – offers services in the field of therapy, coaching, training or related activities under these general terms and conditions.

Client:
The natural or legal person who has commissioned the Contractor to perform Services in the field of coaching, training, or related activities.

Coach:
drs. Loek Oudeman

Coachee:
The natural person who participates in a guidance trajectory in the field of coaching, training, or related activities.

Services:
All activities that have been commissioned, or that result from or are directly related to the assignment, all in the broadest sense of the word.

Agreement:
Any arrangement between the Client and the Contractor for the provision of Services by the Contractor for the benefit of the Client.

NOBCO:
The Dutch Order of Professional Coaches.

Article 2: Applicability of these terms

1. These general terms and conditions apply to all offers and agreements whereby the Contractor offers or provides Services in the context of his profession. 
2. These general terms and conditions also apply to every Agreement in which third parties are involved by the Contractor for its execution. 
3. Deviations from these general terms and conditions are only valid if and insofar as they have been agreed upon in writing between the Client and the Contractor. 
4. Any purchasing or other general terms and conditions of the Client are not applicable unless the Contractor has expressly accepted them in writing. 
5. If one or more provisions of these general terms and conditions are null or voided, the remaining provisions remain fully applicable. The Client and the Contractor will then consult to agree on new provisions to replace the null or voided ones, aligning as much as possible with the purpose and intent of the original provisions. 
6. These general terms and conditions also apply to additional and follow-up assignments from the Client.

Article 3: Applicable codes of conduct and regulations

1. The Contractor performs the Services in accordance with the "NOBCO Ethical Code of Conduct" or the professional rules replacing it and considers himself bound by the Complaints Procedure of NOBCO or the professional rules and disciplinary law replacing it. The applicable codes of conduct and regulations can be found on the NOBCO website.

Article 4: Offers and formation of the Agreement

1. All offers made by the Contractor are without obligation and are valid for 30 days unless otherwise indicated. The Contractor is only bound by an offer if its acceptance by the Client is confirmed to the Contractor within the set validity period without reservation or change. 
2. The prices in the offers are exclusive of VAT unless expressly stated otherwise. 
3. The Agreement is concluded by the Client's acceptance of the offer as referred to in the last sentence of paragraph 1. The Client and the Contractor have also concluded an Agreement if the Contractor confirms in writing an arrangement made between them and the Client does not dispute its correctness in writing within ten working days or – if that period is shorter – before the commencement of the work.

Article 5: Execution of the Agreement

1. Each Agreement leads to a best-efforts obligation for the Contractor, whereby the Contractor is obliged to fulfill his obligations to the best of his ability, with the necessary care and professionalism, according to the standards and guidelines of NOBCO as they apply at the time of execution. 
2. In all cases where the Contractor deems it useful or necessary, she has the right – in consultation with the Client – to have certain activities carried out by third parties or to be assisted by third parties. 
3. The Client ensures that all data, which the Contractor indicates are necessary for executing the agreement, are provided properly, completely, and on time. If the required data are not provided on time, the Contractor has the right to suspend execution and/or charge the Client extra costs resulting from the delay according to usual rates. 
4. If a term has been agreed upon for the completion of certain activities by the Contractor, this is not a strict deadline unless expressly agreed otherwise. Exceeding the agreed term does not constitute an attributable failure by the Contractor. The Client cannot dissolve the Agreement for this reason and has no right to compensation. However, the Client may set a new, reasonable term within which the Contractor must execute the agreement. Exceeding this new term may provide grounds for dissolving the Agreement. 
5. When the Contractor is commissioned to fulfill an assignment or part thereof in collaboration with a third party, the Client will determine everyone's task in consultation with all involved. The Contractor does not accept joint and several liability, nor liability for the execution of the task and associated activities of the third party.

Article 6: Confidentiality

1. Except for any legal obligation to disclose certain data, the Contractor is obliged to maintain confidentiality towards third parties of all confidential information obtained from the Client or other sources in the context of the Agreement. Information is considered confidential if communicated by the Client or if it arises from the nature of the information. The Contractor ensures that this obligation is also imposed on any employees or third parties engaged by him. 
2. Conversations, sessions, and other contacts between the Contractor and Coachee are considered strictly confidential. The Contractor will not disclose any information about the content and progress of these contacts to anyone, including the Client, unless the Coachee has given explicit permission.

Article 7: Intellectual property

1. The Contractor holds the intellectual property rights regarding the products provided to the Client and/or Coachee in the context of the Agreement, including but not limited to tests, readers, reports, models, practice materials, and computer programs. 
2. The Client and/or Coachee may not use these products, on which the Contractor holds intellectual property rights, without express written consent from the Contractor, other than for the purpose of this assignment. 
3. The Contractor is entitled to use the knowledge obtained through executing the activities for other purposes, provided no confidential information is disclosed to third parties and it cannot be traced back to individual Clients or Coachees.

Article 8: Fees and costs

1. Unless expressly agreed otherwise, the Contractor's fee consists of a predetermined fixed amount per Agreement or per Service provided and/or may be calculated based on rates per time unit worked by the Contractor. 
2. All fees are exclusive of government levies such as VAT and exclusive of travel and other expenses made on behalf of the Client, including but not limited to invoices from engaged third parties. 
3. The Contractor may request the Client to pay a reasonable advance concerning fees the Client owes or will owe and/or expenses that need to be made on behalf of the Client. When a reasonable advance has been requested, the Contractor has the right to suspend execution until the Client has paid the advance or provided security. 
4. The Contractor reserves the right, in consultation with the Client, to adjust the agreed fees annually due to changes in the general price index and government-imposed measures.

Article 9: Payment

1. Payment must be made within 14 days after the invoice date, in a manner indicated by the Contractor. Payment will take place without deduction, settlement, or suspension for any reason. 
2. After 14 days from the invoice date, the Client is in default. From that moment, the Client owes default interest equal to the statutory interest on the due amount. 
3. If there are multiple Clients, each is jointly and severally liable towards the Contractor for the total invoice amount if the activities have been performed on behalf of all these Clients. 
4. Payments made by the Client will always first cover all owed interest and costs, and secondly pay due invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.

Article 10: Collection costs

1. If the Contractor takes collection measures against a Client in default, the associated costs shall be borne by the Client, set at at least 15% of the outstanding invoices. These costs include expenses for collection agencies, bailiffs, and/or lawyers.

Article 11: Liability

1. The Contractor is only liable towards the Client and/or Coachee for damage resulting from a serious attributable shortcoming in executing the Agreement. This applies if the Contractor does not exercise the required care and expertise. 
2. If the Contractor is liable for damages suffered by the Client or Coachee, her liability is limited to the amount paid out under the professional liability insurance or other liability insurance taken out by the Contractor, increased by the deductible applicable to the Client, with the total limited to the insurance maximum. A copy of the policy and conditions of the professional liability insurance will be sent upon request. 
3. If, for any reason, no insurance payment is made, the Contractor's liability towards the Client and/or Coachee is limited to the fee of the assignment to which the liability relates, with a maximum of €5,000. 
4. The Contractor is not obliged to compensate indirect damages suffered by the Client or Coachee, including but not limited to consequential damages, lost profits, and damages due to business interruption. 
5. When engaging third parties not working within her organization (such as advisors, experts, or service providers), the Contractor will exercise due care. She is not liable for serious shortcomings towards the Client or Coachee or for any errors or shortcomings of these third parties. In such cases, the Client is obliged to hold the engaged third parties liable and recover any damages from them. 
6. The Contractor is not liable for damages of any kind suffered by the Client or Coachee if she based her execution on incorrect or incomplete data provided by the Client, unless the incorrectness or incompleteness was or should have been clearly apparent to her. 
7. The Contractor or any coaches or third parties engaged by him, responsible for guiding coachees, will not use or provide means, methods, techniques, or instructions, or allow situations that limit or adversely affect the Coachee's ability to perceive, analyze, and assess any impending injury in any form. If the Coachee suffers any injury, the Contractor and any engaged coaches or third parties are in no way liable. 
8. The Client indemnifies the Contractor against all claims (such as damages and legal actions) from third parties related to executing the Agreement between the Client and the Contractor, unless they result from serious shortcomings of the Contractor. 
9. If the Client and/or Coachee does not bring any claim against the Contractor before the court within one year after discovering the damage, this legal claim expires after that period.

Article 12: Cancellation conditions

1. Cancellation by the Client must be done by registered mail. 
2. In case of cancellation by the Client of training and related activities within 5 working days before the start, the Client must pay 100% of the costs of the canceled hours or the agreed principal sum, and for cancellations more than 5 working days before the start, the Client owes 50% of these costs. 
3. For cancellation by the Client of coaching and other guidance trajectories within 24 hours before the start, the Client owes 100% of the costs of the canceled hours or the agreed principal sum; between 24 and 48 hours before the start, 50% of these costs; and for cancellations more than 48 hours before the start, a maximum of 25%. 
4. The Client owes 100% of the total agreed principal sum if they, even without canceling, do not use the Contractor's agreed services.

Article 13: Termination of the Agreement

1. The Contractor is entitled to terminate the Agreement with immediate effect, without judicial intervention, by registered written notice to the Client if the Client fails to pay the invoice sent by the Contractor within 14 days after a written reminder. 
2. The Contractor is entitled to terminate the Agreement with immediate effect, without judicial intervention, by registered written notice to the Client if any obligation arising from this Agreement is not properly fulfilled within 14 days after a written reminder. 
3. Both the Client and the Contractor can terminate the Agreement with immediate effect by registered letter if the other party is granted suspension of payment or is declared bankrupt.

Article 14: Dispute resolution

1. All Agreements and legal acts between the Client and the Contractor are governed by Dutch law. 
2. If the Contractor and the Client or Coachee have a dispute arising from this Agreement, they are obliged first to attempt to resolve it through consultation and, if unsuccessful, to use mediation. 
3. If consultation and/or mediation does not resolve the dispute, the competent court where the Contractor is established has exclusive jurisdiction to adjudicate the matter.