General terms and conditions
Article 1. General
1. These terms and conditions apply to all advice, offers, quotations and agreements between Joke Rondon, hereinafter referred to as: “JR”, and a Client to whom JR has declared these terms and conditions applicable.
1.2. These General Terms and Conditions for Training also apply to all agreements between JR and participants in training courses, training sessions and other forms of training such as courses, workshops, seminars, information evenings, meetings, etc.
1.2.1 Participant means any natural or legal person with whom JR enters into an agreement for the provision of Training or who actually participates in the training, regardless of whether the participant himself or a third party participates in the training (hereinafter referred to as: 'Client').
1.2.2. Conclusion of agreement: The agreement is concluded when the Client signs a JR registration form, either digitally or on paper, or when JR confirms the Client's registration sent by e-mail.
2. In these terms and conditions, Client means any natural or legal person with whom JR has legal relations.
3. These terms and conditions also apply to agreements with JR for the execution of which JR must involve third parties.
4. These general terms and conditions are also written for the employees of JR
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions in these general terms and conditions shall remain fully applicable. JR and the Client shall then enter into consultations in order to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and scope of the original provisions shall be taken into account as much as possible.
6. If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions.
7. If JR does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that JR in any way loses the right to require compliance with the provisions of these terms and conditions in other cases.
Article 2. Quotations and offers
1. All quotations and offers from JR are without obligation, unless a term for acceptance is stated in the quotation. If no term for acceptance is stated, no rights can be derived from the quotation or offer in any way if the product or service to which the quotation or offer relates is no longer available in the meantime.
2. JR cannot be held to its quotations or offers if the Client could reasonably understand that the quotations or offers, or a part thereof, contain an obvious error or mistake.
3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred under the agreement, including travel and accommodation, shipping and administration costs.
4. If the acceptance, whether or not on minor points, deviates from the offer included in the quotation or offer, JR is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance.
5. A composite quotation does not oblige JR to perform a part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
Article 3. Contract duration; implementation periods, transfer of risk, implementation and amendment of agreement; price increase
1. JR will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of science known at that time. JR is only subject to an obligation of effort and never an obligation of result.
2. JR has the right to have certain work performed by third parties. The applicability of Articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.
3. If JR or third parties engaged by JR carry out work on the Client's premises or a location designated by the Client in connection with the assignment, the Client shall provide the facilities reasonably required by those employees free of charge.
4. JR is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
5. If the agreement is amended, including a supplement, JR is entitled to implement it only after approval has been given by the person authorised within JR and the Client has agreed to the price and other conditions specified for the implementation, including the time at which it will be implemented. Failure to implement the amended agreement or failure to implement it immediately does not constitute a breach of contract by JR and is no reason for the Client to terminate or cancel the agreement.
6. Without being in default, JR may refuse a request to amend the agreement if this could have consequences in terms of quality and/or quantity, for example for the work to be carried out or the goods to be delivered in that context.
7. If the Client fails to properly fulfil its obligations towards JR, the Client shall be liable for all damage suffered by JR as a result, either directly or indirectly.
Article 4. Suspension, termination and interim cancellation of the agreement
1. JR is entitled to terminate the agreement if circumstances arise which are of such a nature that compliance with the agreement is impossible or if other circumstances arise which are of such a nature that JR cannot reasonably be expected to maintain the agreement unchanged.
2. If the agreement is terminated, JR's claims on the Client are immediately due and payable. If JR suspends compliance with the obligations, it retains its claims under the law and the agreement.
3. If JR suspends or dissolves, it is in no way obliged to compensate for any damage or costs incurred in any way as a result.
4. If the termination is attributable to the Client, JR is entitled to compensation for the damage, including the costs, directly and indirectly incurred as a result.
5. In the event of liquidation, (application for) suspension of payment or bankruptcy, attachment against the Client, debt restructuring or any other circumstance as a result of which the Client can no longer freely dispose of its assets, JR shall be entitled to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any damages or compensation. In that case, JR's claims on the Client shall be immediately due and payable.
6. If the Client cancels a placed order or service in whole or in part, the work that was carried out and the items ordered or prepared for that purpose, increased by any associated transport and delivery costs and the working hours reserved for the execution of the agreement and lost profits, will be charged to the Client in full.
7. If the client cancels an appointment, the client is obliged to do so at least 48 hours prior to the scheduled appointment. If the cancellation occurs within a period of less than 48 hours before the appointment, JR reserves the right to charge the client the full costs of the appointment made.
7. Cancellation by the Client must be made in writing.
8. In the event of cancellation by the Client of training courses and related activities within 20 working days prior to the commencement of the activities in question, the Client must pay 100% of the costs of the cancelled hours or the agreed principal sum, and in the event of cancellation more than 20 working days prior to this, the Client is liable for 50% of the costs of the cancelled hours or the agreed principal sum.
9. In the event of cancellation by the Client of personal appointments and related activities within 48 hours prior to the commencement of the relevant activity, the Client shall owe 100% of the costs of the cancelled hours or the agreed principal sum.
The Client is liable for 100% of the total agreed principal sum if, even without cancellation, he does not use the agreed Services of JR
Article 5. Force Majeure
1. JR is not obliged to fulfil any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not attributable to fault and for which it is not responsible under the law, a legal act or generally accepted views.
2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which JR has no influence, but which prevent JR from fulfilling its obligations, including illness in JR's company. JR also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after JR should have fulfilled its obligation.
3. JR may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then either party is entitled to terminate the agreement, without any obligation to compensate the other party for damages.
4. If JR has partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfil them, and the part that has been fulfilled or is yet to be fulfilled has an independent value, JR is entitled to invoice the part that has already been fulfilled or is yet to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate agreement.
Article 6. Payment and collection costs
1. Payment must always be made within 14 days after the invoice date. JR is entitled to invoice periodically.
2. If the Client fails to pay an invoice on time, the Client will be in default by operation of law. The Client will then be charged for the costs incurred. These consist of an administration fee of €4.95 for the 2nd reminder and an increase of €15.00 for the 3rd reminder (administration costs and interest). After the 3rd reminder, the invoices will be transferred to a collection agency.
3. JR has the right to apply the payments made by the Client first to reduce the costs, then to reduce the accrued interest and finally to reduce the principal and the current interest. JR may, without being in default, refuse an offer of payment if the Client indicates a different order for the allocation of the payment. JR may refuse full repayment of the principal if the accrued and current interest and collection costs are not also paid.
4. The Client is never entitled to offset the amount owed by him to JR. Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to appeal to section 6.5.3 (articles 231 to 247 book 6 BW) is also not entitled to suspend the payment of an invoice for any other reason.
5. If the Client is in default or in breach of its obligations (in a timely manner), all reasonable costs incurred to obtain satisfaction out of court shall be borne by the Client. The extrajudicial costs shall be calculated on the basis of what is customary in Dutch debt collection practice. However, if JR has incurred higher costs for collection that were reasonably necessary, the actual costs incurred shall be eligible for reimbursement. Any legal and enforcement costs incurred shall also be recovered from the Client. The Client shall also owe interest on the collection costs owed.
Article 7. Liability
1. If JR is liable, then this liability is limited to what is stated in this provision.
2. JR is not liable for damage of any nature whatsoever arising from JR having based its actions on incorrect and/or incomplete information provided by or on behalf of the Client.
3. All advice given by JR in conversations and consultations is intended as informative advice and not as a replacement for medical or other professional help, care, support or information provision and is not intended as an aid in making a (self-)diagnosis. JR can never be held liable for this.
4. The Client is responsible for never delaying the timely seeking of professional care or disregarding medical advice already obtained.
5. In case of acute medical complaints or psychological problems and in case of worsening of complaints or symptoms, the client is advised to contact his own (family) doctor or substitute doctor immediately. When information is given about a medicine that is available on prescription or over the counter, this usually only concerns medicines registered in the Netherlands.
When using (over-the-counter) medicines, users of this information are always advised to:a. read the package insert of the medicine or the instructions for use carefully;b. adhere to the maximum prescribed dosage and use as stated in the instructions for use or as expressly/in writing advised by the treating healthcare provider;c. report any pregnancy and/or use of other medicines to the doctor and/or pharmacist/chemist before using the medicines;d. be vigilant for any side effects, in particular when using other (medicines), alcohol or drugs.
The use or (doing) application of information or (treatment) advice by JR is entirely the responsibility of the client and/or visitors to the training and information sessions provided by JR
6. JR's liability is in any case limited to the amount paid out by its insurer in the event in question.
7. JR is only liable for direct damage.
8. Direct damage is understood to mean exclusively the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to ensure that JR's defective performance complies with the agreement, insofar as these can be attributed to JR and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
9. JR is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation.
Article 8. Indemnification
1. The Client shall indemnify JR against any claims by third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to parties other than JR. If JR is approached by third parties on this basis, the Client shall be obliged to assist JR both out of court and in court and to immediately do everything that may be expected of him in that case. If the Client fails to take adequate measures, JR shall be entitled to take such measures itself, without notice of default. All costs and damage incurred by JR and third parties as a result shall be entirely for the account and risk of the Client.
Article 9. Intellectual property
1. JR reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations. JR has the right to use the knowledge acquired by it through the performance of an agreement for other purposes, provided that no strictly confidential information of the Client is brought to the attention of third parties.
Article 10. Applicable law, disputes and conditions
1. All legal relationships in which JR is a party are exclusively governed by Dutch law, even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship is domiciled there.
2. The court in the place of establishment of JR has exclusive jurisdiction to hear disputes. Nevertheless, JR has the right to submit the dispute to the court that has jurisdiction according to the law.
3. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
