Article 1. Definitions
In these general terms and conditions:
§ services: all products and services supplied by the Company to the client, including coaching, training and other forms of guidance or advice, as well as all other work of any nature whatsoever performed for the client, carried out in the context of an assignment , including work that has not been carried out at the explicit request of the client.
§ client: the person, company or body that issues the assignment for the services and/or, if applicable, the person who participates in a guidance process in the field of coaching, training or related services.
§ contractor: Rionach Aiken International, Chamber of Commerce no.: 81895372, which these general terms and conditions used for the provision of services.
§ site: this website, as well as all related websites operated by Rionach Aiken International (which includes [www.rionachaiken.com)
Article 2. Applicability of these general terms and conditions
1. These general terms and conditions apply to all offers and agreements in which the contractor offers or provides services. Deviations from these terms and conditions are only valid if expressly in writing agreed.
2. Not only the contractor, but also all persons or companies involved in the performance of any assignment for the client can rely on 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 purchasing or other general terms and conditions of the client do not apply, unless they have been expressly accepted in writing by the contractor.
5. If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place 'in the spirit' of these provisions.
6. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions.
7. If one or more provisions of these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The client and the contractor will then enter into consultation to agree on a new provision to replace the void or voided provision, as far as possible in accordance with the purpose and purport of the original provision.
Article 3. Quotations
1. The quotations made by the contractor are without obligation; they are valid for 30 days from their date, unless otherwise specified. The contractor is only bound by a quotation if the acceptance thereof is confirmed in writing by the client within 30 days without reservation or amendment, including a written confirmation of the acceptance of these general terms and conditions.
2. The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise.
3. Quotations are based on the information provided by the client to the contractor. The Contractor may assume that this is correct and will base its offer on this.
4. The agreement is concluded by acceptance of the offer by the client as referred to in the last sentence of Article 3, paragraph 1. The agreement is also concluded if the contractor confirms an agreement made between the client and the contractor in writing or if the contractor commences the work assigned by the client by means of the order confirmation.
Article 4. Execution of the agreement
1. A binding agreement in accordance with Article 3 implies an obligation of best efforts for the contractor and explicitly no obligation of result. The Contractor is obliged to perform the agreement to the best of its knowledge and ability in accordance with the requirements of good workmanship.
2. If and insofar as the proper execution of the agreement requires this, the contractor has the right to have certain activities performed by third parties.
3. The contractor reserves the right to have work performed by third parties if the adviser, trainer or coach referred to in the agreement is unavailable due to unforeseen circumstances.
4. The client will ensure that all data which the contractor indicates are necessary or which the client should reasonably understand are necessary for the performance of
the agreement are provided to the contractor in a timely manner. If the information required for the implementation of the agreement has not been provided to the contractor in time, the contractor has the right to suspend the implementation of the agreement and to charge the client for the extra costs resulting from the delay within reason.
5. The contractor is not liable for damage of any nature whatsoever because the contractor relied on incorrect and/or incomplete information provided by the client.
Article 5. Contract duration and cancellation
1. The agreement ends at the moment that the performance has been delivered and both parties have fulfilled all obligations arising from the corresponding obligations.
Article 6. Amendment of the agreement
1. If it appears during the performance of the agreement that it is for a proper
performance is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in good time and in consultation;
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be influenced by this. The contractor will inform the client of this as soon as possible.
3. If amendment or addition to the agreement has financial and/or qualitative consequences, the contractor will inform the client about this in advance.
4. If a fixed fee has been agreed, the contractor will indicate to what extent the change or addition to the agreement will result in an exceeding of this fee, after which the client will be obliged to pay the changed fee.
Article 7. Confidentiality
1. The parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other in the context of their agreement. Information is considered confidential in advance if this has been communicated by the other party or if this arises from the nature of the information.
Article 8. Intellectual property
1. Insofar as copyright, brand, models, trade name or other intellectual property rights are based on the services provided by the contractor for the performance of the agreement, the contractor is and remains the holder or 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 multiply them and not change or remove author, brand, model, trade name and other indications.
2. The contractor reserves the right to use the knowledge gained during the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 9. Payment
1. Unless explicitly agreed otherwise, the contractor's fee consists of a predetermined fixed amount per performance or per service provided and/or can be calculated on the basis of hourly or daily rates.
2. All fees are exclusive of government levies such as sales tax (VAT) and exclusive of travel and other expenses incurred on behalf of the client, including but not limited to invoices for third parties engaged for the agreement.
3. Unless agreed otherwise in writing, payment must be made within 8 days of the invoice date, in a manner to be indicated by the contractor and in the currency in which the invoice is made. Payment will be made without deduction, set-off or suspension for any reason whatsoever.
4. If the client has not paid the amounts due by the due date at the latest, the contractor is entitled to suspend all work to be performed for the client with immediate effect, without being held liable in any way for damages to the client. .
5. If the client has not paid the amounts due no later than on the due date, he will be given notice of default by the contractor and he will again be given the opportunity to pay the invoice within 8 days after the due date, failing which the contractor is in default. In such case, the contractor is entitled to dissolve the agreement immediately, without any liability towards the client. The client is then liable for the damage suffered by the contractor.
6. In the event of payment default, the client will also owe default interest on the outstanding claims equal to the statutory interest.
7. In the event of liquidation, bankruptcy or suspension of payment of the client, the contractor's claims against the client will be immediately due and payable and the contractor will also be entitled to dissolve the agreement with the client immediately, without any liability towards the client.
8. Payments made by the client always serve firstly to settle all interest and costs owed, and secondly to pay due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
9. The contractor is entitled to demand payment (or equivalent security) before the start of its work, such as but not limited to an advance to be paid by the client.
10. If there are several clients, each client is jointly and severally liable towards the contractor for the payment of the total invoice amount if the work has been performed for all these clients.
Article 10. Collection costs
1. In the event that the client is in default, the contractor is entitled to collect its claim through legal proceedings. In that case, the client is in addition to the principal sum due and interest, also obliged to reimburse all judicial and extrajudicial costs reasonably incurred. This will always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if these exceed the legal costs to be awarded. The reimbursement of judicial and extrajudicial costs incurred amounts to at least 15% of the principal sum due.
Article 11. Liability
1. The contractor will perform the agreement with the client to the best of its knowledge and ability on the basis of an obligation of best efforts and expressly not on the basis of an obligation of result.
2. The contractor can only be held financially liable by the client for property damage and/or personal injury suffered by the client during a coaching or training session at a location provided by the contractor if this can be attributed to an act or omission on the part of the contractor. The contractor will never be liable for loss or damage to goods if this cannot be attributed to the contractor.
3. In the event that the contractor can be held liable in accordance with Article 11.2, the liability of the contractor (including any employees, partners and persons with whom the contractor has entered into a partnership), due to an attributable shortcoming in the fulfillment of the agreement, or tort, or based on any other legal basis, limited to compensating only the direct damage suffered by the client - expressly not including immaterial damage and/or trading loss, including loss of profit - limited to the amount paid out in this respect by the professional liability insurer of the Contractor, plus with its own risk under that insurance.
4. If, for whatever reason, no insurance payment is made, the liability of the contractor towards the client is limited to the fee of the assignment to which the liability relates and in the event that this does not stand up in court, the maximum liability of the contractor is limited, up to an amount of 5,000.
5. The contractor is never liable towards the client if the damage caused is the result of an act or omission or carelessness on the part of the client or if the client does not follow the contractor's instructions.
Article 12. Cancellation/termination of the agreement
For education, training or coaching programs
1. The contractor has the right to cancel a course, training, supervision or coaching process without giving any reason or to refuse participation by a client or to refuse the participant designated by the client, in which cases the client is entitled to a refund of the full amount paid by it to the contractor.
2. The client of a course, training, supervision or coaching trajectory has the right to cancel participation in or the assignment for a course, training or coaching program in writing. It is the responsibility of the client to ensure that the letter has actually been received by the contractor.
3. Cancellation by the client of the assignment can be done free of charge up to 9 weeks before the start of the course, training or coaching program, unless the contractor has had to incur costs for the assignment which it can no longer cancel free of charge. In such case, the client is obliged to pay (part of) these costs.
4. In the event of cancellation within 8 weeks up to and including 2 weeks before the start of the course, training, supervision or coaching process, the contractor is entitled to charge 50% of the amount agreed upon with the assignment and, in the event of cancellation within 2 weeks, the full amount. In both cases, the client is also obliged to reimburse the costs incurred by the contractor for the assignment, which it can no longer claim back from the relevant third party or parties.
5. In the event that the client or the participant designated by the client terminates participation prematurely after the start of the course, training or coaching process or otherwise does not participate in it, the client is not entitled to any refund of parts of the course, training, supervision or coaching program, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
5. An individual coaching session cannot be canceled or moved free of charge, unless the contractor agrees to this. In the event of cancellation or rescheduling, the contractor is entitled to charge the full rate that has been agreed for the conversation, with a minimum of 80 euros. If the client or the designated participant does not appear for the scheduled meeting, the same rates will apply.
6. If one of the parties materially fails to fulfill its obligations and, after being expressly pointed out by the other party, fails to comply with this obligation within a reasonable period of time, the other party is entitled to terminate the agreement without the terminating party owes the defaulting party any compensation. The services rendered until termination will be paid in the agreed manner.
Article 13. Impracticability of the assignment
1. If one of the parties is affected by a situation of force majeure, it will immediately notify the other party. The parties will try to reach a reasonable solution in consultation.
2. The contractor has the right to suspend the agreed work if he is temporarily prevented from fulfilling his obligations due to circumstances beyond his control or of which he was or could not have been aware when the agreement was concluded.
3. Strikes and work interruptions, weather influences, theft or loss of materials in any way are in any event circumstances as referred to in the previous paragraph.
4. If fulfillment becomes permanently impossible, the agreement can be dissolved for that part that has not yet been fulfilled. In that case, the Client is not entitled to compensation for the damage suffered as a result of the dissolution.
If participants decide to withdraw voluntarily from a retreat, they are entitled to a refund of at most part of the participation costs due. If it is due to illness or death of close family, the cancellation must be recovered from the cancellation insurance.
* Two months before the start of the program: refund of 50% of participation costs.
* One month before the start of the program: refund of 25% of participation costs.
* Two weeks before the start of the program: refund of 10% of participation costs.
* Within two weeks before the start of the program: no participation costs will be refunded.
The contractor has the right to cancel a course or retreat if there are good reasons to do so, including insufficient participants, illness of the teacher or force majeure. Cases of force majeure that prevent retreats from taking place do not entitle the client to a refund. However, we will talk to the participant to see if a solution is possible. All participants are responsible for taking out travel and cancellation insurance.
Article 14. Personal data
1. By entering into an agreement with the contractor, permission is granted to the contractor for automatic processing of the personal data obtained from the agreement. The contractor will only use this personal data for its own activities.
4. While the Contractor uses reasonable efforts to include accurate and up-to-date information in the Site, the Contractor makes no warranties or representations as to its accuracy. The Contractor assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Contractor and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Contractor. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Contractor, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Contractor. No submission shall be subject to any obligation of confidence on the part of the Contractor. The Contractor shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Contractor shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE CONTRACTOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CONTRACTOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE CONTRACTOR LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE CONTRACTOR'S SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE CONTRACTOR CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE CONTRACTOR DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE CONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE CONTRACTOR HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Contractor and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Contractor may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Contractor reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Contractor with such cooperation as is reasonably requested by the Contractor.
Article 16. Dispute Resolution
1. Dutch law applies to every agreement between the contractor and the client;
2. Disputes arising from agreements to which these terms and conditions apply will be submitted to the competent court of the district in which the contractor is established.
Last Updated: November 2022