Article 1 – Definitions and applicability.
In these general terms and conditions, the following definitions shall apply:
- Contractor: LurnR/Essence E_Services, registered in the trade register under number: 37109388, who uses these general terms and conditions to offer services.
- Client: the person or body, who commissions the contractor to perform services.
- Client: the person who uses any of the services offered by the contractor.
- The client and the client may, but need not, be the same.
- Unless otherwise agreed in writing, these general terms and conditions shall apply to all offers and agreements of the contractor.
- Any deviations from these general terms and conditions are valid only if expressly agreed upon in writing.
- The applicability of any terms and conditions of the client is expressly rejected by the contractor unless expressly accepted in writing by the contractor.
- No rights can be derived from the tacit non-application of these general terms and conditions.
Article 2 – Quotes and offers
- Quotes from the contractor are based on information provided by the client.
- All quotations and offers of the contractor are without obligation unless the offer expressly states otherwise.
- Quotations are valid until the date indicated on the quotation. After this date, no rights may be derived from the underlying quotation.
- Unless otherwise specified in an offer, quoted prices for companies are exclusive of VAT and for private clients are inclusive of VAT.
- Quotes do not automatically apply to future orders.
- The contractor cannot be held to a quotation if the client can reasonably understand that (part of) the quotation contains an obvious mistake or clerical error.
Article 3 – Conclusion and fulfillment of agreement
- An agreement between by the contractor and a client is established by offer and acceptance.
- An order is granted by the signed return of a quotation issued by the contractor, or by agreement to a quotation sent digitally by the contractor.
- The agreement shall also be deemed to have been established in accordance with the tender submitted by the contractor as soon as the actual provision of services by the contractor has commenced.
- The agreement entered into with the contractor results in an obligation of effort for the contractor, not an obligation to achieve a result.
- The contractor shall be bound to perform the work to be performed by it to the best of its knowledge and ability, in accordance with the requirements of good workmanship.
- The contractor performs its services in some cases (in part) with the help of third parties it engages.
- If there is a case of force majeure, as a result of which fulfillment of the agreement cannot reasonably be required of the contractor, the performance of the agreement will be suspended, to be fulfilled at a later date, or the agreement will be terminated, all without any obligation to pay damages.
Article 4 – Provision of information by client
- The client is required to provide all personal data requested by the contractor. The contractor will only ask for data necessary to perform the agreement. If after the conclusion of the agreement changes occur in the specified data of the client, this must be communicated to the contractor.
- The contractor is not responsible for the consequences of the client not having received information due to incorrect (address) information.
Article 5 – Payment
- Payment shall be made within the period indicated on the invoice, in a manner to be specified by the contractor, unless otherwise agreed. If no term is agreed upon, payment shall be made within 14 days of the invoice date.
- If the client defaults on the timely payment of the invoice, he shall be in default immediately and without notice of default. The client shall then owe statutory interest to the contractor. In such a case, the contractor may decide to suspend services to the client or terminate the agreement with immediate effect. The contractor shall notify the client in writing of any intention to suspend services or terminate the agreement.
- Objections to the amount of the invoice do not suspend the client’s obligation to pay.
- All (extra)judicial costs involved in collection shall be borne by the client.
- Unless otherwise agreed in writing, the client is the one who is obliged to pay the agreed price for the services of the contractor.
Article 6 – Cancellation/termination of the agreement.
- The contractor has the right to cancel a coaching session, coaching program, workshop or training course or refuse participation of a client or client, or refuse the coachee designated by the client, without giving any reason, in which cases the client is entitled to a refund of the full amount paid by the client to the contractor.
- Cancellation by the client can be done free of charge up to 6 weeks before the start of a coaching program, workshop or training. In case of non-cancellation, the client is obliged to pay the total amount of the coaching program, coaching session, workshop or training.
- In case the client or the client, after the start of the coaching program or training, terminates the participation prematurely or does not participate in it in any other way, the client is not entitled to any refund, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
- An individual coaching session can be cancelled or rescheduled free of charge up to 24 hours before the start. Contractor always strives to keep appointments or reschedule to another time. In case of cancellation within 24 hours, the contractor is entitled to charge the previously agreed price.
- The contractor shall have the right to terminate the agreement with immediate effect and without judicial intervention, if the client fails to fulfill the obligations arising from the agreement, including the obligations set forth in these terms and conditions, unless the client, after being reminded in writing to do so, still fulfills his obligations within 14 days after dispatch of this reminder.
Article 7 – Liability and risk
- The contractor accepts no liability to the client arising out of any breach or tort attributable to the contractor.
- If the contractor should be liable for any damages, the liability shall be limited to a maximum of the amount of the total compensation of an order issued.
- The limitations of liability contained in this article shall not apply if the damage is due to intent or gross negligence of the contractor or its subordinates.
- 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, such liability shall be limited to the amount of the payment under the contractor’s liability insurance policy, including the deductible borne by the contractor in connection with such insurance.
Article 8: Force Majeure
The contractor is not bound to fulfill any obligation to the client if it is prevented from doing so by force majeure. The contractor may suspend obligations under the agreement during the period of force majeure. If this period lasts longer than two months, both parties are entitled to dissolve the agreement, without any obligation to pay damages to the other party. Work performed by the contractor prior to the occurrence of force majeure may be invoiced to the client.
Article 9 – Intellectual property and user rights.
Copyright and any other intellectual property rights shall remain with the contractor. All documents produced and/or provided by the Contractor, such as reports, opinions, calculations, etc., are intended solely for the Client’s use and may not be reproduced, disclosed, or implemented by anyone other than the Contractor without the Contractor’s prior consent, unless expressly agreed otherwise or unless the nature of the documents provided dictates otherwise.
Article 10 – complaints procedure
Any complaints about services provided by the contractor shall be made known to the contractor in writing, with reasons, within 8 days of delivery thereof. Failing this, the client is deemed to have agreed to the services provided. Filing a complaint does not relieve the client of his payment obligation.
Article 11 – final provision
- If any provision of these general terms and conditions is void or should be voided, the remaining provisions of these general terms and conditions shall remain in full force and effect. To replace the void or nullified provision, the contractor and the client will agree on a new provision in consultation. In doing so, the purpose and intent of the original provision will be observed as much as possible.
- The agreement between the contractor and the client shall be governed by Dutch law.
- These terms and conditions shall remain in effect if the contractor changes name, legal form or ownership.
In order to best carry out the assignment, the contractor keeps records of personal and administrative data. To assure clients and clients that their privacy is protected and their data is handled with care, the contractor maintains privacy regulations.
Article 1 – Personal data
- The personal data provided by the client to the contractor, are personal data within the meaning of the Personal Data Protection Act (Wbp). The contractor is responsible for ensuring that this personal data is processed in accordance with the PDPA and in a proper and careful manner.
- Personal data provided by the client shall be used only for the purpose for which it was transferred and issued. This includes data that allows the contractor to perform the order, data that allows the contractor to keep financial records and data that allows the contractor to contact the client.
- The client may request to see his personal data and to correct, supplement or amend it.
Article 2 – Secrecy
- The contractor shall treat all information about individual clients as confidential and shall ensure that such information is not disclosed to third parties. Only in emergencies where the client’s own life or the lives of others are endangered or at risk of endangerment may this be waived.
- The contractor shall ensure that this obligation of confidentiality is also observed by any third parties engaged in the performance of its work.
Article 3 – Retention period
Personal data will not be kept longer than necessary for the purpose of carrying out the assignment, unless otherwise agreed with the client.
LurnR/LurnR Academy/Essence E-Services
Countess Juliana van Stolberglaan 31
2263 AB Leidschendam
Ch. of Commerce (Chamber of Commerce) : 37109388
*last modified on 24-01-2023