Article 1. Definitions
1. Client: the person, company or body that issues the order for the work.
2. Services: all products and services supplied to the client by Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ including coaching/counseling, programs, workshops and other forms of guidance or advice, all in the broadest sense of the word,
as well as all other work of whatever nature performed for the benefit of the client, carried out in the context of an assignment, including work that has not been performed at the explicit request of the client.
3. Coachee / client: the person who participates in a guidance, coaching / counseling process, even if he/she is not the client himself.
4. Participant: the person who participates in an education, training, workshop, group/team trajectory or intervision.
Article 2. Applicability of these terms and conditions
1. The General Terms and Conditions apply to all agreements concluded by ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’
agreements, their conclusion and on all ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ quotations and order confirmations issued for ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’.
2. Deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing. Not only 'Patricia Bardi Natural Health Practice and Patricia Bardi Courses', but also all persons or companies involved in the execution of any assignment for the client, can invoke these General Terms and Conditions.
3. These General Terms and Conditions also apply to additional assignments and follow-up assignments from the client.
4. Any Purchase or other General Terms and Conditions of the client do not apply, unless they have been expressly accepted in writing by ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses '.
Article 3. Acceptance
1. By signing, the client declares that the coachee / client / participant takes responsibility for his or her mental and physical health.
2. By signing the coachee / client / participant declares that the intake / registration form has been completed truthfully.
Article 4. Quotations
1. The offers made by ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ are without obligation; they are valid for 30 days unless otherwise specified. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is only bound by the offers if the acceptance thereof by the other party is received in writing within 30 days to be confirmed.
2. The prices in the quotes mentioned include VAT, unless stated otherwise.
3. Quotations are based on the information available at ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’.
Article 5. Execution of the agreement
1. The agreements concluded with ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ lead to a best efforts obligation for ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’, not a result obligation, whereby ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is obliged to fulfill its obligations in such a way as to of care and craftsmanship according to the standards of the moment of fulfillment of ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ can be demanded. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ will comply with the guidelines and rules of conduct of its professional associations and training institutes to the best of its knowledge and ability.
2. The coachee / client / participant will contribute honestly and openly to the discussions and make an effort, whereby the coachee / client / participant takes responsibility for achieving results. Furthermore, the coachee / client / participant will come to the sessions at the agreed time and place, take notes where necessary and adhere to any agreements made during the sessions.
3. The coachee / client / participant bears responsibility, accountability and authority for his own behavior and the consequences thereof, both during the time that ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ and the coachee / client / participant spend together and afterwards.
4. By signing the contract / registration form, the coachee / client / participant gives permission to ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ to use the techniques and methods it deems necessary, where necessary and desired. See also art. 3.1, 3.2 and art.12.1.
5. If and insofar as required for the proper execution of the agreement, ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ has the right to
to have work performed by third parties. This will always take place in consultation with the client.
6. The client shall ensure that all information, which ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ indicates is necessary or which the client should reasonably understand to be necessary for the execution of the agreement, is provided in good time to ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ are provided. If the information required for the execution of the agreement is not timely have been provided to ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ has the right to suspend the execution of the agreement and/or to charge the extra costs resulting from the delay to the client according to the usual rates. .
7. If the client provides incorrect and/or incomplete information, ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is not liable for the resulting damage, of whatever nature.
Article 6. Contract duration
1. The agreement is entered into for an indefinite period of time, unless a specific term is agreed upon by mutual consent. In the case of an agreement for an indefinite period of time, the parties mutually arrange a notice period for terminating or continuing the agreement.
2. If the agreement concluded between the parties relates to the provision of the same performance more than once, it will be deemed to have been entered into for an indefinite period of time, unless expressly agreed otherwise in writing.
3. When the agreement is extended, the agreements of the contract that was first agreed will remain in force, unless the parties have decided to continue this under different conditions. This is then laid down in writing in a new contract.
4. If one of the parties falls short in the fulfillment of its obligations and, after being informed of this by the other party, does not yet fulfill these obligations within a reasonable period of time, the other party is authorized to terminate the agreement without the terminating party the failing party owes any compensation. The performances delivered until the termination will be paid in the agreed manner.
Article 7. Amendment of the agreement
1. If during the execution of the agreement it appears that it is necessary for a proper execution to change or supplement the work to be performed, the parties will amend and sign the agreement accordingly in writing in a timely manner and in consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ will inform the client as soon as possible.
3. If changes or additions to the agreement have financial and/or qualitative consequences, ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ will inform the client about this in advance.
4. If a fixed fee has been agreed, ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ will indicate to what extent the amendment or supplement to the agreement will result in this fee being exceeded.
Article 8. Confidentiality and Code of Ethics
1. The parties are obliged to maintain confidentiality with regard to all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if it is disclosed by the other party has been notified or if this results from the nature of the information.
2. Information relating to the coachee / client / participant, regardless of the method of recording or transfer, will only be provided to third parties after the coachee / client / participant has taken cognizance of that information and has given written permission for the provision of that information, unless otherwise provided by Dutch law.
3. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ reserves the right to report illegal matters to the client or legal authorities, therefore ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ cannot be held liable for this.
4. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ will not refer to the assignment externally without the client's permission.
5. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is bound by the ethical codes of its professional associations and training institutes and the associated complaints regulations.
Article 9. Intellectual property
1. Insofar as authors, brand, model, trade name or other intellectual property rights are based on the services provided by ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ for the execution of the agreement, ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ owner of these rights. The client may only use the material carriers of these rights for the purpose for which they were provided to the client, not to multiply them and not to change or remove the copyright, brand model, trade name and other indications.
2. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ reserves the right to use the knowledge acquired during the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 10. Payment and default
1. Private persons must make payments in cash prior to the sessions, unless otherwise agreed in writing, in a manner to be indicated by ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ in the currency in which the invoice is issued. Payment will be made without deduction, compensation or suspension for any reason whatsoever.
2. Unless otherwise agreed in writing, companies must make payments within 14 days of the invoice date, in a manner to be indicated by ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ in the currency in which the invoice has been issued. Payment will be made without deduction, compensation or suspension for any reason whatsoever.
3. If the client has not paid the amounts due at the latest on the due date, he will automatically be in default, without further notice of default being required. In the event of payment default by the client, ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is entitled to discontinue or suspend all work to be performed for the client with immediate effect, without being liable to pay compensation to the client in any way.
4. In the event of payment default, the client also owes default interest on the outstanding claims equal to the statutory interest.
5. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ and the obligations of the client towards ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ will be immediately due and payable.
6. Payments made by the client always serve in the first place to settle all interest and costs owed, in the second place for payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
7. When ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is required to make more than the usual effort to implement the agreement, ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ can demand payment (or equivalent security) before commencing its work.
Article 11. Collection costs
1. If ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ takes collection measures against the client who is in default, the costs related to that collection will be borne by the client, which costs are set at at least 15% of the outstanding invoices.
2. These costs include the costs of any collection agencies, bailiffs and/or lawyers to be engaged.
Article 12. Liability article
1. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is only liable towards the client / coachee / client / participant for damage as a result of a serious attributable shortcoming in the execution of the agreement. This is the case if ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ does not observe the required care and expertise in the execution of the agreement.
2. If ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ would be liable for damage suffered by the client / coachee / client / participant, its liability is limited to the amount that is paid out in the appropriate case under the terms and conditions of ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’. professional liability insurance or other liability insurance, plus the deductible applicable to the client, whereby the total of these amounts is limited to the maximum amount of the insurance. In the event of liability, a copy of the policy with the conditions of the professional liability insurance will be provided on request by ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ sent.
3. If, for whatever reason, no insurance payment is made, the liability of ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ towards the client / coachee / client / participant is limited to the fee of the assignment to which the liability relates, witha maximum of € 5,000.
4. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is not obliged to compensate indirect damage suffered by the client / coachee / client / participant, including but not limited to consequential damage, lost profit and damage as a result of business interruption.
5. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ will exercise due care when engaging third parties not working in its organization (such as advisors, experts or service providers). ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is not liable for serious shortcomings towards the client / coachee / client / participant or for any errors or shortcomings of these third parties. In such a case, the client is obliged to hold the engaged third parties liable and to recover any damage suffered from these third parties.
6. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is not liable for damage suffered by the client / coachee / client / participant, of whatever nature, if ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ has assumed in the execution of its assignment that the client / coachee / client / participant provided incorrect and/or incomplete information, unless this inaccuracy or incompleteness was or should have been clearly known to ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’.
7. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ or coaches or third parties to be engaged by it, who are charged with guiding coachee / client / participant, will not give or use any means, methods, techniques or instructions or create situations that limit or adversely affect the ability of coachee / client / participant in perceiving, analyzing and assessing for the coachee / client /participant imminent injury of any kind. If coachee / client / participant should suffer any injury, ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ for coaches or third parties to be engaged by it, are in no way liable for this.
8. The client indemnifies ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ against all claims (such as damage and legal claims) from third parties that are related to the
execution of the agreement between the client and ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’, unless it concerns claims
Article 14. Personal data
1. By entering into an agreement with ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ is permission granted for automatic editing of the personal data obtained under the agreement. ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ will only use this personal data for its own activities.
Article 15. Disputes
1. Dutch law applies to every agreement and legal act between ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’ and the client.
2. Disputes arising from agreements to which these terms and conditions apply and which do not fall within the competence of
the sub district court, will be subject to the competent court of the district in which the dispute resides.
Patricia Bardi
c/o ‘Patricia Bardi Natural Health Practice and Patricia Bardi Courses’
KvK - Chamber of Commerce number - 34371620
VAT number: NL002279634B31
Member BATC, Professional Registration No: BR - 01878
Mail: info@patriciabardi.com Website: www.patriciabardi.com
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