The following terms and conditions apply to all services of Sevi Rutgrink – Keto Coaching.
TERMS AND CONDITIONS
art. 1 – general
a. All offers and delivery of services by Sevi Rutgrink – Keto Coaching are subject to these general terms and conditions.
b. In these terms and conditions the following shall mean:
– Contract: all contractual agreements between Sevi Rutgrink – Keto Coaching and the client. This includes: packages, coach calls, email advice and WhatsApp coaching.
– Client: the natural person who receives coaching by Sevi Rutgrink – Keto Coaching on a voluntary basis and in agreement with these general terms and conditions
– In writing: via email or post.
c. Any stipulations diverging from these general terms and conditions only apply if confirmed in writing by Sevi Rutgrink – Keto Coaching. Sevi Rutgrink – Keto Coaching shall not be bound by any general conditions of the client.
art. 2 – contract
a. All offers of contractual agreement by Sevi Rutgrink – Keto Coaching are without engagement and based on information provided by the client. In case of additions or deviations in the information provided by the client that lead to changes to, or hinderance of, the execution or time frame of the contract, Sevi Rutgrink – Keto Coaching can limit, suspend, postpone or terminate her coaching services.
b. The contract is a best efforts agreement for both Sevi Rutgrink – Keto Coaching as well as the client. This agreement guarantees optimal input.
c. A contract will only come into effect with a confirmation in writing by Sevi Rutgrink – Keto Coaching. Additions and changes need to be confirmed in writing.
d. In case of changed circumstances in the information provided by the client that cause important obstacles for implementation of the contract, Sevi Rutgrink – Keto Coaching can limit, suspend, postpone or terminate her services.
e. All time frames for services given by Sevi Rutgrink – Keto Coaching are indicative.
f. Sevi Rutgrink – Keto Coaching retains the right to change or cancel dates or locations. If the client does not agree he or she is free to cancel the contract or package free of charge.
art. 3 – rates
a. Travel, accommodation and other costs incurred by Sevi Rutgrink – Keto Coaching will be charged separately to the client.
b. Travel costs incurred by the client shall be borne by the client.
c. All fees received by Sevi Rutgrink – Keto Coaching are agreed in advance and do not depend on the results of the coaching.
d. If Sevi Rutgrink – Keto Coaching wishes to raise the rates for long-term contracts interim she will notify the client of this 1 month prior. If the client does not agree with the interim rise in rates both Sevi Rutgrink – Keto Coaching and the client are entitled to terminate the contract. If both parties are in negotiation on the proposed change in terms of the contract all services will continue for the duration of 1 month maximum under the previously agreed terms.
e. If the client does not arrive or not on time for an intake or coach call, either in person, video call, phone call or any other pre-arranged form of communication, Sevi Rutgrink – Keto Coaching will charge the client with the intake- or consultation fee in full. Equally, if the client cancels an intake or consultation less than 24 hours prior the client will be charged with the intake or coach call fee.
art. 4 – payment terms
a. All payments, unless otherwise agreed in writing, are due within 5 working days from the date of intake, also invoice date, and payable into the bank account of Sevi Rutgrink – Keto Coaching.
b. Queries or complaints about invoices need to be submitted in writing within 7 working days of the invoice date.
c. If the client does not pay on time he or she shall owe statutory interest on the outstanding amount immediately after the payment period has expired without further notice of default. All judicial and extrajudicial costs to be incurred by Sevi Rutgrink – Keto Coaching for the recovery of arrears shall be charged to the client unless otherwise decided by a court of law. The extra-judicial collection costs incurred amount to 15% of the arrears with a minimum of €100,-.
d. Sevi Rutgrink – Keto Coaching is entitled to suspend her services for as long the client is in default in fulfilling his or her payment obligations. This also applies if a fixed execution time has been agreed on.
art. 5 – confidentiality
a. Sevi Rutgrink – Keto Coaching and the client shall maintain strict confidentiality to third parties with regard to information received of and about the opposite party. Information is deemed to be confidential if a party has identified it as such or if this is obvious due to the nature of the information.
b. The client shall not withhold any information of a medical, psychological, social, legal or judicial nature which may hinder the process of coaching.
art. 6 – liability
a. Sevi Rutgrink – Keto Coaching is not liable or responsible for any loss or damages arising on the part of the client as a possible result of coaching or advice given by Sevi Rutgrink – Keto Coaching.
b. Sevi Rutgrink – Keto Coaching is furthermore only liable for any shortcomings in her services if and where these are the result of gross negligence.
c. The liability for loss or damages as intended in the previous clause is limited to the amount of the fee Sevi Rutgrink – Keto Coaching has received for her services. If the execution of the contract has taken longer than 6 months liability on the part of Sevi Rutgrink – Keto Coaching is limited to fees payed in those 6 months.
d. If the client believes he or she is entitled to compensation for the reasons indicated above he or she needs to submit in writing to Sevi Rutgrink – Keto Coaching a statement to that effect, at the risk of lapse, within a reasonable period of time but at least within 1 year of termination of contract.
art. 7 – intellectual property
a. All advice, information, feedback and consultation follow-ups provided by Sevi Rutgrink – Keto Coaching, either in writing or verbal, as well as any work materials or software are exclusively intended for the client.
b. Sevi Rutgrink – Keto Coaching retains all right, title and interest on all advice, information, feedback and consultation follow-ups as well as on any work materials or software and the ‘know-how’ relating thereto, even if costs have been charged for them or if after the sale improvements are made.
c. For publication in full or in part or for making available to third parties any or all of the advice, information, feedback, consultation follow-ups as well as of any work materials or software prior, written consent by Sevi Rutgrink – Keto coaching is required.
d. The client indemnifies Sevi Rutgrink – Keto Coaching regarding intellectual property right infringements of others.
art. 8 – cancellation
a. The client has at all times the right to terminate a contract by cancellation with due regard to the following cancellation terms:
- In general the client pays the cost of a package in full within 5 working days of the intake date, also invoice date, to Sevi Rutgrink – Keto Coaching, unless payment in installments is agreed upon;
- The client pays the cost of a coach call, email advice or WhatsApp coaching in full in advance to Sevi Rutgrink – Keto Coaching;
- For cancellations of a package after intake has taken place, but within 5 working days from the intake date, 50% of the total package price is due;
- For cancellations after 5 working days from the intake date the full package price is due and payment is not refundable;
- Cancellation of an intended contract is free of charge provided intake has not yet taken place and notice has been given at least 24 hours prior to the intake date. If notice is given 24 hours or less charges for the intake will be incurred.
- Cancellation of a separate consultation is free of charge provided notice is given at least 24 hours prior. If notice is given 24 hours or less the consultation price wil be charged in full.
b. The reason for cancellation will be communicated well motivated and in writing by the client to Sevi Rutgrink – Keto Coaching.
art. 9 – dissolution
a. Sevi Rutgrink – Keto Coaching is entitled to dissolve the contractual agreement without obligation to pay compensation if:
– the client is in default;
– the client is declared bankrupt or files for bankruptcy, applies for a court order of suspension of payments or for a debt reorganisation scheme for natural persons;
– the client knowingly withholds or has withheld information crucial for the progress of coaching;
– the client is insufficiently motivated for effective coaching.
b. In the above mentioned cases the client is liable to pay damages to Sevi Rutgrink – Keto Coaching. The amount of damages is determined te be 50% of the originally agreed amount for the remainder of the coaching multiplied with the number of hours coaching has taken place that have not yet been paid.
c. Force majeure will be taken to mean any or all circumstances preventing fulfilment of obligation and not attributable to Sevi Rutgrink – Keto Coaching. If Sevi Rutgrink – Keto Coaching is temporarily or permanently unable to fulfil the contract owing to or as a consequence of force majeure, she is, in consultation with the client, entitled to either suspend the fulfilment of her obligations or alter it in such ways to enable its execution without being in default. If fulfilment of obligations by Sevi Rutgrink – Keto Coaching has become permanently impossible or lasts longer than 3 months the contractual agreement between Sevi Rutgrink – Keto Coaching and the client can be dissolved without entitlement to compensation for either party. Sevi Rutgrink – Keto Coaching will reimburse any advance payments made for services not carried out within a reasonable period of time.
artikel 10 – applicable law
The law of the Netherlands shall apply to all transactions and agreements between the client and Sevi Rutgrink – Keto Coaching.