General Conditions MiNT Coaching

General Conditions MiNT Coaching

1. General
a. These general terms and conditions form an integral part of all tenders and agreements of commission which envisage the providing of services by MiNT Coaching, as well as all offers made by MiNT Coaching.
b. ‘Customer’ refers to the party commissioning MiNT Coaching to provide coaching.
c. ‘Coachee’ refers to the person coached by MiNT Coaching.
d. ‘Coaching’ refers to the commission by the Customer to provide coaching to Coachee.
e. ‘Coach’ refers to the Coach, designated through MiNT Coaching, who provides Coaching to Coachee, commissioned by Customer.
f. ‘Coaching agreement’ refers to the agreement whereby Customer commissions MiNT Coaching to provide Coaching to Coachee.

2. Manner of execution
a. MINT Coaching will provide coaching to the best of her insight and ability according to the vocational standards. This obligation pertains to the effort to be made.
b. Customer and Coachee provide all the cooperation required for a proper execution of the coachingagreement.
c. MiNT Coaching provides Customer with procedural information on the Coaching. Coachee determines which information concerning the contents of the Coaching can be given.
d. All information obtained by MiNT Coaching about Customer and/or Coachee and their organisation(s) will be treated confidentially by MiNT Coaching, except in the cases concerning criminal acts in respect of which there exists a statutory obligation to report or a statutory right to report; concerning an impending crime; concerning complaints, disciplinary or liability proceedings against the Coach; or concerning a request from the Certifying Institution -after promising in writing to observe confidentiality- to produce anonymized information evidencing conduct of practise.
e. Customer and Coachee provide permission to use data and possibly confidential particulars by Coach and within the organisation of MiNT Coaching, to the degree that this use is reasonably connected to the services provided. MiNT Coaching has adopted Privacy Regulations to comply with the Dutch Privacy Regulations concerning Personal Data (the so-called Algemene Verordening Persoonsgegevens), published on the website and provided upon demand.

3. Calculation of fees and invoicing
a. The expenses due by Customer comprise a fee based on the applicable hourly rate plus VAT taxes and possibly costs of travel, according to MiNT Coaching’scustomary charges, which will be agreed upon.
b. In urgent cases, appointments should be cancelled at least 48 hours in advance. If not, they will be charged.
c. Customer has the right, if he/she wishes, to receive a specification of the time spent by MiNT Coaching on the coaching and the costs incurred.
d. MiNT Coaching may request an advance payment before starting the mediation. Thereafter, depending on the frequency of the Coaching, MiNT Coaching will send bills of the fees and costs on a regular basis or at the end of the Coaching.
e. Customer agrees to pay each of MiNT Coaching’s bills within fourteen days of the billing date. If Customer fails to do so, he/she will be in legal default, without requiring further notice. If Customer does not pay on time, MiNT Coaching may stop the Coaching and charge legal interest plus all extra-judicial and judicial costs of collection. Extra judicial costs of collection may be set at a fixed rate of 10% of the unpaid bills, unless the actual extra-judicial costs exceed this amount, in which case the actual costs may be charged.

4. Liability
a. MiNT Coaching’sprofessional liability is limited to the amount awarded in the matter under its professional insurance policy, increased by the amount of its own risk under the terms of the policy, except in the case of gross negligence or wilful misconduct by MiNT Coaching. This insurance policy has limited cover, both with respect to the amount of the damages and to the number of insured events per year. Upon request, access may be obtained to the insurance cover note.
b. If and to the extent –for whatever reason- no payment is made under MiNT Coaching’sprofessional liability insurance policy, its liability is limited to twice the fees charged by MiNT Coaching and paid by Customer in the case concerning which the liability claim arose, with a maximum of Euro 5.000.
c. Customer and Coachee accept the risks involved in using various means of communication; MiNT Coaching is not liable for the consequences of undue transmission by telephone, fax, mail or otherwise.
d. If damage to persons or property is caused through or directly connected to the execution of Customer’s commission by MiNT Coaching, its liability is limited to the amount awarded in the matter under its general liability insurance policy, increased by the amount of its own risk under the terms of the policy, except in the case of gross negligence or wilful misconduct by MiNT Coaching. This insurance policy also has limited cover, both with respect to the amount of the damages and to the number of insured events per year. Upon request, access may be obtained to the insurance cover note.
e. Customer and Coachee safeguard and indemnify MiNT Coaching against all claims of third persons – including all costs made or to be made by or for MiNT Coaching in connection therewith – which in any way are connected to MiNT Coaching’s commission for Customer and Coachee, except in the case of gross negligence or wilful misconduct by MiNT Coaching.
f. MiNT Coaching carries no liability for indirect damage or corollary damage.
g. All rights of legal action and other powers of Customer and/or Coachee shall lapse upon expiry of a one year term after the ending of the Coaching, or if this should be considered to cause an undue burden, one year after the date on which Customer or Coachee has become aware of – or could in all fairness have been aware of – the existence of such rights and powers.
h. Customer and Coachee cannot pass liability claims on to third parties.

5. End of the commission
a. The Coaching ends when Coachee and/or Coach explicitly state that he/she/they wish to stop, or when the amount of coaching sessions agreed upon with Customer have been reached and no further agreements have been made to continue coaching.
b. If Coaching ends prematurely, the work done and costs incurred up till that point will be paid as agreed. Customer, Coachee and MiNT Coachingall forgo possible rights to demand compensation for the premature ending of the Coaching.
c. In case either Customer or MiNT Coaching goes bankrupt, applies for a moratorium or is legally compelled to restructure debts, the Coachingautomatically ends (by law).
d. MiNT Coaching has the right to destroy all notes, correspondence and other documentation without further notice five years after ending the Coaching.

6. Disputes and applicable law
a. In case any dispute(s) arise(s) from any agreement reached with MiNT Coaching, parties will initially try to solve them through Mediation.
b. If it does not prove to be possible to solve the above-mentioned dispute(s) through mediation, the dispute(s) will be put to the appropriate judicial court in Amsterdam, unless MiNT Coaching and Customer and/or Coachee decide together to submit their dispute to another qualified court.
c. Only Dutch law applies to all agreements reached under these General Terms and Conditions.
d. These General Terms and Conditions are drawn up in Dutch and English. In case of uncertainty, the Dutch text prevails.

7. Final clause
a. In case a clause of the General Terms and Conditions is void or declared void, the other clauses remain valid. The clause which is (declared) void will be replaced by a clause which approaches the original intention as closely as possible.

May 2018

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