General Terms and Conditions
Article 1. General
1. These terms and conditions apply to every advice, offer, quotation, and agreement between Joke Rondon, hereinafter referred to as “JR”, and a Client to which 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 educational programs, training sessions, and other forms of education such as courses, workshops, seminars, information evenings, meetings, etc.
1.2.1 The term 'Participant' means any natural or legal person with whom JR enters into an agreement for the provision of Training Courses or who actually participates in the training, regardless of whether the participant themselves or a third party participates in the training (hereinafter referred to as: 'Client').
1.2.2. Formation of the Agreement: The Agreement is formed when the Client signs a registration form from JR, either digitally or on paper, or by confirmation by JR of the Client's application sent by email.
2. In these terms and conditions, Client means any natural or legal person with whom JR maintains legal relations.
3. These terms and conditions also apply to agreements with JR for the execution of which third parties must be engaged by JR.
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 invalid or should be annulled, the remainder of these General Terms and Conditions shall remain fully applicable. JR and the Client shall then enter into consultation in order to agree on new provisions to replace the invalid or annulled provisions, taking into account, as far as possible, the purpose and intent of the original provisions.
6. If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation shall 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 are not applicable, or that JR would in any way lose 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 period for acceptance is stated in the quotation. If no acceptance period is stated, no rights whatsoever may be derived from the quotation or offer 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 can reasonably understand that the quotations or offers, or a part thereof, contain an obvious error or clerical mistake.
3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, and any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administrative costs.
4. If the acceptance deviates from the offer included in the quotation or proposal, whether or not on minor points, JR is not bound by it. The agreement shall then not be concluded in accordance with this deviating acceptance.
5. A composite quotation does not obligate JR to perform a portion of the assignment at a corresponding portion of the quoted price. Offers or quotations do not automatically apply to future orders.
Article 3. Contract duration; performance periods, transfer of risk, performance and modification of the agreement; price increase
1. JR shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. This is based on the state of scientific knowledge known at that time. JR is subject only to an obligation of best effort and never to an obligation of result.
2. JR has the right to have certain activities 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 work is performed by JR or by third parties engaged by JR at the Client's location or a location designated by the Client in the context of the assignment, the Client shall provide, free of charge, the facilities reasonably desired by those employees.
4. JR is entitled to execute the agreement in various phases and to invoice the part thus executed separately.
5. If the agreement is amended, including any additions, JR is entitled to execute the changes only after approval has been given by the person authorized within JR and the Client has agreed to the price and other conditions specified for the execution, including the time at which the execution will take place. Failure to execute the amended agreement, or failure to execute it immediately, does not constitute a breach of contract by JR and does not give the Client grounds to terminate or cancel the agreement.
6. Without thereby being in default, JR may refuse a request for amendment of the agreement if this could have consequences, qualitatively and/or quantitatively, for example for the work to be performed or goods to be delivered in that context.
7. If the Client should default in the proper fulfillment of its obligations towards JR, the Client shall be liable for all damage suffered by JR as a result thereof, whether direct or indirect.
Article 4. Suspension, dissolution and early termination of the agreement
1. JR is entitled to dissolve the agreement if circumstances arise which are of such a nature that performance of the agreement is impossible, or if other circumstances arise which are of such a nature that the continued existence of the agreement in its unchanged form cannot reasonably be expected of JR.
2. If the agreement is dissolved, JR's claims against the Client shall become immediately due and payable. If JR suspends the performance of the obligations, he retains his rights under the law and the agreement.
3. If JR proceeds to suspension or dissolution, he shall in no way be obliged to pay compensation for damage and costs arising therefrom in any way.
4. If the dissolution is attributable to the Client, JR is entitled to compensation for the damage, including the costs, directly and indirectly arising therefrom.
5. In the event of liquidation, (application for) suspension of payments or bankruptcy, attachment of assets against the Client, debt restructuring, or any other circumstance whereby the Client can no longer freely dispose of its assets, JR is free 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 compensation or damages. In that case, JR's claims against 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 performed and the goods ordered or prepared for it, increased by any transport and delivery costs thereof and the labor time reserved for the execution of the agreement and lost profit, shall be charged in full to the Client.
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 takes place within a period of less than 48 hours before the appointment, JR reserves the right to charge the client the full cost of the scheduled appointment.
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 relevant activities, the Client shall pay 100% of the costs of the cancelled hours or of the agreed principal sum, and in the event of cancellation more than 20 working days prior, the Client shall owe 50% of the costs of the cancelled hours or of 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 start of the relevant activity, the Client shall owe 100% of the costs of the cancelled hours or of the agreed principal sum.
The Client owes 100% of the total agreed principal sum if, even without cancelling, he does not make use of the agreed Services of JR.
Article 5. Force Majeure
1. JR is not obliged to fulfill any obligation towards the Client if he is hindered in doing so as a result of a circumstance that is not due to fault, and which is not for his account pursuant to 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 jurisprudence, all external causes, foreseen or unforeseen, over which JR cannot exercise any influence, but which render JR unable to fulfill its obligations, including illness within JR's company. JR also has the right to invoke force majeure if the circumstance preventing (further) performance of the agreement occurs after JR should have fulfilled its obligation.
3. JR may suspend its obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, either party is entitled to dissolve the agreement without any obligation to pay damages to the other party.
4. To the extent that JR, at the time of the occurrence of force majeure, has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and the fulfilled or to be fulfilled portion has independent value, JR is entitled to invoice the already fulfilled or to be fulfilled portion 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 of the invoice date. JR is entitled to invoice periodically.
2. If the Client fails to pay an invoice on time, the Client shall be in default by operation of law. The costs incurred will then be charged to the Client. These consist of administrative costs of €4.95 for the second reminder and an increase of €15.00 for the third reminder (administrative costs and interest). After the third reminder, the invoices will be transferred to a collection agency.
3. JR has the right to apply payments made by the Client primarily to reduce costs, subsequently to reduce accrued interest, and finally to reduce the principal amount and current interest. JR may, without thereby being in default, refuse an offer of payment if the Client specifies a different order for the allocation of the payment. JR may refuse full repayment of the principal amount if the accrued and current interest and collection costs are not also paid.
4. The Client is never entitled to set off any 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 invoke Section 6.5.3 (Articles 231 to 247 of Book 6 of the Dutch Civil Code) is likewise not entitled to suspend payment of an invoice for any other reason.
5. If the Client is in default or in arrears in the (timely) fulfillment of its obligations, 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 collection costs that were reasonably necessary, the actual costs incurred shall be eligible for reimbursement. Any judicial and enforcement costs incurred shall also be recovered from the Client. The Client shall also owe interest on the outstanding collection costs.
Article 7. Liability
1. If JR should be liable, this liability is limited to what is stipulated in this provision.
2. JR is not liable for damage of any nature arising from JR having relied on incorrect and/or incomplete information provided by or on behalf of the Client.
3. All advice given by JR during conversations and consultations is intended as informative advice and not as a substitute for medical or other professional help, care, support, or the provision of information, and is not intended as an aid in making a (self-)diagnosis. JR can never be held liable for this.
4. The Client is solely responsible for never delaying the timely seeking of professional care or neglecting medical advice already obtained.
5. In the event of acute medical complaints or psychological problems, and in the event of a worsening of complaints or symptoms, the client is advised to contact their own (general) practitioner or substitute doctor immediately. When information is provided regarding a prescription or over-the-counter medicine, this generally concerns only medicines registered in the Netherlands.
Users of this information are advised at all times, when using (over-the-counter) medicines, to: a. carefully read the package leaflet of the medicine or the instructions for use; b. adhere to the maximum prescribed dosage and use indicated in the instructions for use or expressly/in writing advised by the treating healthcare professional; c. report any pregnancy and/or use of other medicines to the doctor and/or pharmacist/drugstore before the medicines are used; d. be vigilant for possible side effects, particularly when using other medicines, alcohol, or drugs.
The use or application of information or treatment advice by JR is entirely the responsibility of the client and/or attendees of the training courses and information sessions provided by JR.
6. The liability of JR is in any event always limited to the amount of the payout from its insurer, if applicable.
7. JR is solely liable for direct damage.
8. Direct damage shall exclusively mean the reasonable costs incurred in 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 bring JR's defective performance into conformity with the agreement, to the extent that 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 reduction of direct damage as referred to in these general terms and conditions.
9. JR shall never be liable for indirect damages, including consequential damages, lost profits, lost savings, and damages due to business interruption.
Article 8. Indemnification
1. The Client shall indemnify JR against any claims from third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to parties other than JR. Should JR be sued by third parties on this account, the Client is obliged to assist JR both out of court and in court and to immediately take all actions that may be expected of him in that case. Should the Client fail to take adequate measures, JR is entitled to take such measures itself without notice of default. All costs and damages incurred by JR and third parties as a result thereof shall be borne entirely by the Client.
Article 9. Intellectual property
1. JR reserves all rights and powers vested in it under the Copyright Act and other intellectual property laws and regulations. JR has the right to use the knowledge gained on its side through the execution of an agreement for other purposes as well, provided that no strictly confidential information of the Client is disclosed to third parties.
Article 10. Applicable law, disputes and conditions
1. All legal relationships to which JR is a party shall be governed exclusively by Dutch law, even if an obligation is performed wholly or partially abroad or if the party involved in the legal relationship resides 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 competent under the law.
3. The parties shall only resort to the courts after they have made every effort to settle a dispute by mutual agreement.
