Terms and conditions Monika de Boer – Space for your unique healing

 

Article 1 Definitions

  1. Monika de Boer – space for your unique healing, established in IJsselstein, Chamber of Commerce number 85683701, is referred to as a service provider in these general terms and conditions.
  2. The other party is referred to as a participant in these general terms and conditions.
  3. The agreement means the agreement of the assignment on the basis of which the service provider performs work for the participant against payment of a fee and costs and whereby the general terms and conditions have been declared applicable.

Article 2 Applicability of general terms and conditions

  1. These terms and conditions apply to all offers, invoices and activities related to the services ofMonika de Boer – space for your unique healing, by or on behalf of the service provider to which it has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from in writing.
  2. The conditions also apply to actions of third parties engaged by the service provider in the context of the assignment.
  3. The most recently sent version of these terms and conditions always applies.
  4. The applicability of the general terms and conditions of the participant is expressly rejected.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be annulled, the other provisions in these general terms and conditions will remain fully applicable.
  6. If a situation arises that is not regulated in these terms and conditions, the situation will be viewed from the perspective of these terms and conditions.
  7. The service provider has the right to unilaterally change the general terms and conditions if the circumstances require this. The latest version is always made available to the participant.

Article 3 Offer

If the parties decide to cooperate and the offer is accepted, the participant has a period of 14 calendar days to cancel the agreement.

If the participant does not cancel the agreement within the specified 14 calendar days, or already wishes to use the services of the service provider, an obligation to pay immediately arises for the entire process.

 

Article 4 Rates and payments

  1. The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or the parties expressly agree otherwise in writing.
  2. With acceptance of the offer, the payment obligation arises, even if the entire process has not been completed or not all sessions can be attended, unless this is due to circumstances caused by the service provider.
  3. Payment for online sessions and gift vouchers is made directly at the time of purchase through the website store. Payment for the 1-1 personal sessions will be made immediately after the first session. Payment in installments in the case of 1-1 trajectories and coaching plans is possible, but a first installment must always be paid before or after the first 1-1 session. Deposits are non-refundable. The Contractor is entitled to suspend the agreement until payment has been made. The participant is obliged to pay the full payment for the program or plan.
  4. In that case, payments in installments must be made after each subsequent session, unless the parties have agreed otherwise in writing, the process starts earlier or a collection runs on a different date.
  5. If the participant does not pay an invoice on time, a direct debit cannot be collected, a direct debit is withdrawn without a valid reason or a payment is reversed, the participant is legally in default and owes statutory interest after sending a one-off reminder or notice of default. The interest on the due and payable amount will be calculated from the moment that the participant is in default until the moment of payment of the full amount due.
  6. If the participant is in default or fails to fulfill his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the participant.
  7. If the participant does not pay on time, access to the content will be denied. The payment obligation does exist in such a case.

Article 5 Information provision to participant

  1. The Participant shall make all information relevant to the performance of the assignment available to the service provider in a timely manner.
  2. The participant guarantees the correctness, completeness and reliability of the data made available, even if these originate from third parties. The Service Provider will treat the data confidentially.
  3. The participant indemnifies the service provider against all damage resulting from non-compliance with the provisions of this article.

Article 6 Suitability requirements and performance of the agreement

  1. Participants are only admitted to a session, plan or coaching if they meet all eligibility requirements as discussed during the introduction. The service provider reserves the right to refuse a participant at any time.
  2. The Service Provider carries out the assignment to the best of its knowledge and ability. She is not liable for failure to achieve the result that the participant had in mind. The participant acknowledges that results will not be immediately visible and that results also depend on the efforts of the participant and other factors. Participant takes 100% responsibility for its own result.
  3. To achieve the maximum result, the participant shows 100% commitment by attending all agreed sessions. If the participant cannot comply with this, this must be made known to the service provider in good time.
  4. Both parties are obliged to fulfill their agreements at all times and to create a safe environment.
  5. If the participant repeatedly fails to meet the participation requirements, the service provider is entitled to exclude the participant from the 1-1 session or trajectories. Exclusion in such a case does not affect the payment obligation.

Article 7 Change and cancellation

  1. In the event of unforeseen circumstances, the service provider has the option to interrupt, move or cancel a service or part of the service. Unforeseen circumstances are understood to mean in the event of illness of the contractor and circumstances that arise with regard to materials that are necessary for the proper execution of the agreement. The Contractor will notify the participant of a change as referred to in this paragraph as soon as possible and a suitable solution will be sought.
  2. The offer and activities that are part of a session or the 1-1 trajectory and coaching plan may deviate from the announced program if the service provider deems this necessary. The Service Provider is entitled to expand, limit or modify the content.
  3. The process has a lead time as agreed. When participating in the therapy plan or coaching, the participant agrees that the entire plan or service must be paid for, even if the participant wishes to cancel during the course of the plan.
  4. If the participant cannot attend a 1-1 session in person or via video call/Zoom, this must be made known to the service provider no later than 48 hours before the session. This means that if an appointment takes place on Monday at 9:30 am, it must be canceled no later than Thursday at 9:30 am. Otherwise, you will be charged for the booked session.
  5. The same conditions apply to postponing participation to another date as to canceling participation.

Article 8 Force majeure

  1. In the event of force majeure, the service provider is entitled to interrupt, move or cancel an agreement. Force majeure is, among other things, if the performance of the agreement is prevented, temporarily or otherwise, by circumstances beyond the contractor's reasonable control, such as illness, accident or fire.
  2. If the service provider cannot fully deliver the promised content, the participant has the right to dissolve the agreement. The payment obligation then lapses for the content that is no longer supplied.

Article 9 Liability for damage

  1. The Service Provider is not liable for damage resulting from this agreement, unless the damage is caused by intent or gross negligence.
  2. The Service Provider is not liable for damage caused by relying on incorrect or incomplete information provided by or on behalf of the participant.
  3. The participant remains responsible at all times for applying or performing knowledge or actions as gained during a session or 1-1 trajectories and coaching plans.
  4. If the service provider owes the participant compensation, the damage will not exceed the amount charged to the participant by the service provider in the three months prior to the occurrence of the damage.
  5. The participant indemnifies the service provider against all third-party claims related to the services and content it provides.

Article 10 Intellectual property

  1. The intellectual property rights to the materials, advice and content made available to the participant by the service provider are vested in the service provider. The participant is expressly not permitted to reproduce, publish or make available to third parties the material and documentation provided without prior permission.
  2. The Service Provider grants the participant a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use the session or the 1-1 journeys and coaching plans for personal purposes.
  3. Material from the session or process may not be copied, shown to third parties, made available, resold or used in any other way without written permission from the service provider. The participant may share parts of the 1-1 trajectories and coaching plans on social media to a limited extent if this material is provided with the name of the service provider and only contains own content from assignments.
  4. Any act in violation of this article is considered copyright infringement.
  5. In the event of infringement, the service provider is entitled to compensation of at least three times the license fee it usually charges for such use, without losing any right to compensation for other damage suffered.
  6. The information and services provided during the duration of the session or 1-1 trajectories and coaching plans remain the property of the service provider. It is the entrant's own responsibility to store the material where the opportunity is provided.

Article 11 Communication

  1. Both parties are obliged to maintain the confidentiality of all confidential information they have obtained in the context of their agreement.
  2. The service provider is at all times free to remove communications or other parts of the shared information without further notice, if the content of such communications and information justifies its removal.
  3. The service provider is also entitled to exclude from further participation and, if necessary, from future participation a participant whose behavior hinders or complicates the course of the session or the 1-1 processes and coaching plans. Exclusion does not affect the obligation to pay the costs of the journey.
  4. Monika de Boer – space for your unique healingworks with a privacy statement.

Article 12 Complaints/WKKGZ

  1. The participant is obliged to make complaints about invoices and/or the services or content provided to the service provider in writing and with reasons within 2 working days after the complaint arose. The complaint will be answered within 48 hours.
  2. Submitting a complaint does not suspend the payment obligation.
  3. The complaints procedure for all services according to BATC organization:

For any treatment complaints, the client/patient can contact:

– the therapist,

– the professional organization of the therapist,

– the CamCoop Complaints Officer (https://www.camcoop.nl)

Article 13 Dispute Resolution

  1. Dutch law applies to these general terms and conditions.
  2. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation. Disputes are exclusively settled in the district in which the service provider is located.
  3. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the service provider and third parties involved is 12 months.