General Terms and Conditions

1. Definitions

In these general terms and conditions, the following terms are used in with the following meaning, unless expressly stated otherwise.

Contractor: Sandy Weinberg Counselling and Coaching, registered with the Chamber of Commerce Eindhoven under registration number 83632662

Client: The other party, the contractor, the person, company or agency that issues the assignment for the work.

Client: The person who participates in the services of Sandy Weinberg Counseling and Coaching.

Agreement: The oral or written agreement to provide services.

2. Applicability

Unless otherwise agreed in writing, these general terms and conditions apply to all quotations and agreements from or with Sandy Weinberg Counselling and Coaching and all related actions, both of a preparatory and executive nature.

3. Execution of the Agreement

1. The contractor will execute the agreement to the best of his knowledge and ability, in accordance with the requirements of professional coach or counsellor. This is based on the state of science known at that time. The contractor has a best-efforts obligation towards the client; there is never an obligation to achieve results.
2. Client participates in the Sandy Weinberg Counselling and Coaching meetings on a voluntary basis and personal responsibility.
3. If and insofar as proper execution of the agreement requires this, the contractor has the right to have certain work carried out by third parties.
4. The client ensures that all information that the contractor indicates is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, is provided to the contractor in a timely manner. If the information required for the execution of the agreement has not been provided to the contractor in a timely manner, the contractor has the right to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay in accordance with the usual rates.
5. The contractor is not liable for damage of any nature whatsoever because the contractor relied on incorrect and/or incomplete information provided by the client, unless this incorrectness or incompleteness should have been known to the contractor.
6. If it has been agreed that the agreement will be executed in phases, the contractor may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.

4. Quotes

1. The quotations made by the contractor are without obligation; in terms of price, content and delivery time and expire after 30 days unless otherwise stated. The contractor is only bound to the quotations if the acceptance thereof is confirmed in writing by the client within 30 days.
2. An agreement is concluded when the quotation, agreement or contract signed for approval by the client has been received and accepted by the contractor.
3. The prices in the quotations mentioned include VAT, unless stated otherwise.
4. Quotations are based on the information available to the contractor.
5. All appointments are online via a secure internet connection, unless otherwise specified.

5. Contract Term: Execution Period

The agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing.

6. Term and Termination

1. An agreement for a counselling or coaching program can be terminated at any time, after mutual consultation between the parties or extended if desired.
2. The contractor has the right to terminate the agreement with immediate effect without notice of default or judicial intervention, if the client has been unable to meet its financial obligations within the agreed period.
3. If one of the parties materially fails to fulfil its obligations and, after being expressly informed of this by the other party, does not fulfil these obligations within a reasonable period, the other party is entitled to terminate the agreement without the terminating party the defaulting party is liable to pay any compensation. The services provided until termination will be paid in the agreed manner.

7. Appointment Changes

1. The contractor reserves the right to cancel or reschedule appointments free of charge in the event of illness, disability, death or serious illness of family or loved ones, because of which the contractor cannot properly carry out his assignment.
2. A scheduled meeting can be cancelled or moved free of charge by telephone, up to 48 hours before the start. After that, a scheduled meeting will be charged the full rate if not cancelled 48 hours beforehand.
3. If the client does not appear at the scheduled meeting, the same payment arrangement and rates will apply.

8. Amendment of the Agreement

1. If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual agreement.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The contractor will inform the client of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, the contractor will inform the client of this in advance.
4. If a fixed fee has been agreed, the contractor will indicate to what extent the amendment or addition to the agreement will result in this fee being exceeded.

9. Confidential Information - Confidentiality

1. Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from other sources in the context of this agreement. Information is considered confidential if this has been communicated by another party or if this arises from the nature of the information.
2. The delivery conditions are confidential.
3. In the event of imminent danger to both the client and society or other persons, the contractor reserves the right to provide relevant information to authorised persons or authorities, if this can prevent any threat, harm or danger.
4. GDPR Act - Sandy Weinberg Counselling and Coaching has drawn up a document containing processing activities, which describes which personal data is recorded, for what purposes and how we handle personal data.

10. Intellectual Property

1. Without prejudice to the provisions of Article 9 (confidentiality) of these conditions, the contractor reserves the rights and powers that accrue to it under the Copyright Act.
2. All documents provided by the contractor, such as reports, advice, designs, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be reproduced, made public or communicated to others without the prior permission of the contractor.
3. The contractor also reserves the right to use the knowledge gained through the performance of work for other purposes, insofar as no confidential information is shared with third parties.

11. Reservation of Title

1. All items supplied and lent by the contractor, including cards, games, DVDs, books, etc., remain the property of the contractor.
2. The client is not authorized to schedule or encumber in any other way the items falling under the retention of title.
3. The client and/or principal undertakes to take optimal care of the goods delivered under retention of title and to return these in optimally usable condition to the contractor. In the event of damage caused by the client, the contractor will claim reimbursement for this from the client.
4. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the client is obliged to inform the contractor of this as soon as can reasonably be expected.
5. The client undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection upon first request.

12. Fees

1. The no-obligation complimentary conversation is free of charge. In this conversation of maximum 1 hour, the client and contractor determine whether an agreement will be entered into.
2. In the event of interim rate changes, the contractor will be notified 3 months in advance. Prices remain the same for fixed-term journeys.
3. For orders with a term of more than three months, the costs due will be charged periodically.

13. Payment Terms

1. For private clients, payment is to be made before either the 90-minute conversation or 5 session programme.
2. For clients in the form of a company or agency, the payment terms are described in the quotation.
3. Payment must be made within 14 days after the invoice date, as specified by the contractor in the currency in which the invoice was issued.

14. Collection Costs

If the client is in default or fails to fulfil one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the client. In any case, the client owes the advice collection rate of the Dutch Bar Association, as valid at the time of default.

15. Liability

1. The contractor has an obligation to make efforts, not an obligation to achieve results. This means that the contractor will at all times make every effort to work within the limits of her competence. To guarantee quality and improve competencies, she will regularly use suitable intervision and/or supervision.
2. The contractor is never liable for direct or indirect damage, emotional damage or damage resulting from decisions made by the client, whether or not in consultation with the contractor. The client is at all times responsible for their choices made.
3. If damage is caused to persons or property by or in connection with the performance of services by the contractor or otherwise, for which the contractor is liable, that liability will be limited to the amount of the payment under the general liability insurance taken out by the contractor, including understanding of the deductible that the contractor bears in connection with that insurance.
4. Any liability of the contractor for business damage or other indirect damage or consequential damage, of whatever nature, is expressly excluded.

16. Complaints Procedures

If a client has reservations about the performance of the contractor’s performance, it is assumed that the client will first discuss this with the contractor. So that a solution can be found together.

1. The contractor is registered with professional organizations and has committed itself to the ethical code/professional code and complaints procedure of the relevant professional organization. For Counselling: SCAG or GAT. For Coaching: IICT or GAT.
2. A complaint may relate to the quality of the service provided or to a violation of the ethical code of conduct. Complaints can be submitted in writing to the relevant professional organizations.

17. Modification and Venue of the Terms

This version is applicable at the time of signing a contract. When signing the contract, the client has read the terms and conditions and declares that he/she agrees with their content. These conditions can are sent directly to the client and require their approval and signature.

This document was created in Best, The Netherlands on July 19, 2024.