TERMS + CONDITIONS 1:1 Coaching and Services
Article 1 Definitions
- I am Marcode, established in Vlaardingen, registered under Chamber of Commerce number 54491207.
- You are the other party in these general terms and conditions.
- The agreement refers the contract for services on the basis of which I perform work for you against payment and where the general terms and conditions have been declared applicable.
Article 2 Applicability of general terms and conditions
- These terms and conditions apply to all quotations, invoices, work, agreements and delivery of services and products by or on behalf of me to which I have declared these terms and conditions applicable, insofar as these terms and conditions are not expressly deviated from in writing.
- The terms and conditions also apply to actions of third parties engaged by me in the context of the assignment.
- The most recently sent version of these general terms and conditions is always applicable. I am entitled to change the terms and conditions unilaterally if I deem this necessary. In such a case, I will send you a new version of the terms and conditions. If the new version contains a substantial change that adversely affects you, you have the right to dissolve the agreement.
- The applicability of your general terms and conditions is expressly rejected.
- If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, the remaining provisions of these general terms and conditions will remain fully applicable.
Article 3 Offer
- I cannot be held to my quotation if you could reasonably understand that the offer, or a part thereof, contains an obvious mistake or clerical error.
- A quotation does not automatically apply to follow-up orders.
Article 4 Rates and payments
- The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if we expressly agree otherwise in writing.
- The agreed (package) price is stated in the offer. The stated rates are exclusive of other costs, including travel and material costs, unless indicated otherwise.
- With acceptance of the offer, the obligation to pay arises. I can request (part of) the payment in advance.
- Participation in a lesson or trajectory is only guaranteed when the entire payment, or in case of payment in instalments, the first instalment has been paid.
- The rates agreed upon upon entering into the agreement are based on the price level applied at that time. I have the right to adjust the fees at any time if changed circumstances require this.
- If there is additional work, this will only be carried out after consultation and approval and will be charged according to my usual rates. In such a case, we can change an agreed package.
- Invoices must be paid within 7 calendar days of the invoice date, unless we have made other arrangements in writing, a process starts earlier, or a different payment term is stated on the invoice.
- If you fail to pay an invoice on time, you are legally in default and owe statutory interest. The interest on the amount due will be calculated from the moment that you are in default until the moment of payment of the full amount owed.
- If you are in default or in default in the fulfilment of your obligations, all reasonable costs incurred in obtaining payment out of court will be for your account.
- In the event of liquidation, bankruptcy, attachment or suspension of payments, my claims against you are immediately due and payable.
Article 5 Provision of information
- You make all information relevant to the execution of the assignment available in a timely manner.
- You guarantee the correctness, completeness and reliability of the data made available, even if they come from third parties. I will treat the data confidentially.
- You indemnify me against any damage resulting from failure to comply with the provisions of this article.
- If you do not provide the required information or do not provide it on time and the execution of the assignment is delayed as a result, the resulting additional costs will be for your account and I will not be responsible for not being able to comply with the further planning.
Article 6 Performance of the agreement
- I carry out the assignment to the best of my knowledge and ability. I am not liable for not achieving the result you intended. You acknowledge that the result will not be immediately visible and that results also depend on your efforts and other factors.
- Because my services are provided online, I cannot guarantee that my services are available at all times at every location. You must provide a stable internet connection, a quiet location to follow the lesson and a headset. To get the most out of the lesson, it is recommended to work on a tablet or laptop.
- If, due to factors beyond my control, you are unable to make full use of the agreed lesson duration during the lesson, this will be at your own expense and risk.
Article 7 Amendment and cancellation
- I am authorised to terminate the agreement if new facts or circumstances have arisen, as a result of which there is a disruption of the relationship of trust. I am not obliged to pay compensation in such a case.
- In the event of unforeseen circumstances, I have the option to interrupt, move or cancel a trajectory or agreement. Unforeseen circumstances include illness and circumstances that arise with regard to materials that are necessary for the proper execution of the agreement. I will make a change as referred to in this paragraph known as soon as possible. An alternative date will be sought in consultation or, if another date is not possible, a replacement will be provided.
- If it is not possible to continue an offline lesson, I have the right to give the lesson online. This does not entitle you to a refund.
- An amendment to the agreement, including a change in the number of lessons or a change in the number of people present during a lesson, can be regarded as additional work and will be charged as such, as indicated in Article 4.6 of these terms and conditions. .
- The following cancellation conditions apply to the purchase of participation in a pre-recorded webinar: you will have immediate access to the content after purchase, so that the cooling-off period is excluded. If you have registered for a live webinar, the cancellation conditions from the following paragraph apply.
- The following conditions apply to cancellation of other agreements: cancellation within two weeks after approval of the offer is free of charge, unless preparations have already been made at the time of cancellation or one or more sessions have taken place. In that case, the costs incurred and hours worked up to that point will become immediately due and payable. In case of cancellation later than 14 calendar days after acceptance of the offer, the lessons already consumed will be charged, plus 25% per lesson that was planned.
- If you are unable to attend a separate lesson (within a course block), this must be made known no later than 48 hours prior to a lesson. A rescheduled lesson must always take place within the duration of the course. If the session is not made up, this can affect the objectives. If you cancel within 48 hours, miss a lesson or arrive more than 15 minutes late for a lesson, the lesson will be canceled and the payment obligation for that lesson will remain in effect.
Article 8 Online training
1. You will receive access to the content after paying the agreed amount unless otherwise agreed.
2. You will receive immediate access to the entire content. Therefore, the purchase of the course is excluded from the right of withdrawal, which means that there is no possibility of cancelling the purchase with a refund of the purchase price. If the content is made available in parts, in the event of cancellation, you will be obliged to pay for the content made available up to that point on a pro-rata basis.
3. I have the right to adjust the fees when the course in question is held again. I also have the right to adjust the price in the run-up to the agreement for promotional purposes.
4. You remain responsible for the application or execution of knowledge or actions gained during the agreement at all times.
5. Due to the use of a third-party platform to deliver the course, I cannot guarantee that the content will be available at all times and in all locations.
6. I have the right to refuse participation.
7. I am entitled to expand, limit or adjust the content of a course.
8. You acquire a limited and personal right to use the content for your own purposes. The course is meant to inspire, not to copy. You acquire a limited and personal right to use the content for your own purposes. The course is intended to inspire, not to copy. You can make limited screenshots of the content if you credit me when publishing it on social media.
9. You are not allowed to use the knowledge gained to create your own similar offerings in the 12 months after attending the course.
10. The information provided during the course remains my property. I will indicate in good time until when the content is available. It is your own responsibility to view the material in good time and store it where possible.
11. During the course, participants can communicate with each other. You declare not to send spam or any other unwanted communication. Acting contrary to these conditions may result in immediate denial of access to and use of my services.
Article 9 Force majeure
- In case of force majeure, we are entitled to interrupt or move the agreement. Force majeure applies, among other things, if the execution of the agreement, temporarily or otherwise, is prevented by circumstances over which the parties cannot reasonably exert influence, such as illness, accidents, fire, a pandemic or government measures.
- If a situation as described in the first paragraph of this article occurs, or if other circumstances occur as a result of which the agreement cannot be continued temporarily, the obligations will be suspended as long as we cannot meet our obligations. In such a situation, we jointly look for a solution. If this situation continues without an appropriate solution, we both have the right to dissolve the agreement in writing without cancellation. The costs incurred and hours worked up to that point will become immediately due and payable.
- In the event of a B2B agreement, we are obliged to postpone the work and the payment obligation remains in effect.
- If you wish to postpone the agreement due to covid, but government measures do not make a continuation, whether or not in an adapted form, impossible, I am entitled to charge the costs associated with this move.
Article 9 Liability for damage
- I am not liable for damage arising from this agreement, unless the damage is caused intentionally or with gross negligence.
- I am not liable for damage caused by using incorrect or incomplete information provided by or on behalf of you.
- You remain responsible at all times for applying or performing knowledge or actions as acquired during an agreement.
- In the event that I owe compensation for causing direct damage that complies with this article, the damage will not exceed the amount charged by me to you in the three months prior to the occurrence of the damage.
- You indemnify me against all claims from third parties related to the services and content provided by me.
Article 10 Intellectual property
- The intellectual property rights to the materials, advice and content made available by me are vested in me. It is expressly prohibited to reproduce, publish or make available to third parties the material and documentation provided without prior permission.
- 2. I grant a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use my content for personal purposes.
- 3. Material made available during an agreement may not be copied, shown to third parties, made available, resold or used in any other way without written permission. You may share limited portions of the lesson on social media when this material is credited and contains only your own content from assignments. It is not allowed to publish the larger parts of the lesson in detail or to share screenshots when other participants are involved.
- 4. You may not fully record the lessons, unless otherwise agreed.
- 5. Any act contrary to the provisions of this article is regarded as an infringement of copyright.
- 6. In the event of infringement, I shall be compensated at least three times the compensation usually charged by me for such a form of use, without losing any right to compensation for other damage suffered.
Article 11 Communication
- We are both bound to the confidentiality of all confidential information that we have obtained in the context of our agreement. You are referred to the privacy statement for more information.
- I have the right to exclude participants whose behaviour hinders or complicates the course of a lesson from further participation in the relevant lesson or future lessons. Exclusion does not affect the obligation to pay the costs for the relevant lesson.
Article 12 Complaints
- You must provide reasons for complaints about quotations, invoices and/or the services or products provided within 7 calendar days after the complaint has arisen. I aim to respond to the complaint within 7 calendar days.
- Submitting a complaint does not suspend the payment obligation.
Article 13 Dispute Resolution
- Dutch law applies to these general terms and conditions.
- We will only appeal to the courts after we have made every effort to resolve a dispute in mutual consultation. Disputes will only be settled in the district in which I am located, unless a legal obligation provides otherwise.
- Contrary to the statutory limitation periods, the limitation period for all claims and defences against me and the third parties involved is 12 months.