General Terms and Conditions LIGHTHORSE
General terms and conditions LIGHTHORSE International
In these general terms and conditions the following definitions apply:
- Contractor: LIGHTHORSE International B.V.;
- Client & client, coachee: the person, company or agency that provides the assignment for the work, customer of the service or product;
- Services: all products and services supplied by the contractor to the client, including advice, training, coaching and other forms of guidance, all in the broadest sense of the word, as well as all other work of any nature carried out for the client , carried out in the context of an assignment, including work that was not carried out at the express request of the client.
Applicability of these terms and conditions
- These general terms and conditions apply to all offers and agreements in which the contractor offers or delivers services. Deviations from these conditions are only valid if expressly agreed in writing;
- Not only the contractor, but also all persons or companies involved in the execution of an assignment for the client, can rely on these general terms and conditions;
- These general terms and conditions also apply to additional assignments and follow-up assignments from the client;
- 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.
Quotations
- The quotations made by the contractor are without obligation; they are valid for 30 days, unless otherwise stated. The contractor for a custom-made business program is bound to the quotations if acceptance thereof is confirmed in writing by the other party within 30 days. The contractor for a standard Lighthorse program is bound to participate if a clear written exchange has taken place about participation in a program and the contractor has subsequently received confirmation without notice to the contrary within one week of receipt.
- The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise;
- Quotes are based on the information available to the contractor.
Execution of the agreement
- Agreements concluded with the contractor lead to an obligation of best efforts on the part of the contractor, not to an obligation of results, unless otherwise agreed in writing.
- If and insofar as proper execution of the agreement requires this, the contractor has the right to have certain work carried out by third parties. This will always be done in consultation with the client;
- The client ensures that all information that the contractor indicates is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, is provided to the contractor in a timely manner.
Intellectual property
- To the extent that copyright, trademark, model, trade name or other intellectual property rights are based on the services provided by the contractor in 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, may not reproduce them and may not change or remove copyright, brand, model, trade name and other indications.
Payment
- Payment must be made, unless otherwise agreed in writing, prior to a program, and no later than 14 days after the invoice date if this date falls before the start of the program, in a manner to be specified by the contractor in the currency in which the invoice was issued. Payment will be made without deduction, compensation or suspension on any grounds whatsoever;
- If the client has not paid the amounts due by 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, the contractor is entitled to immediately cease or suspend all work to be carried out for the benefit of the client, without being liable to pay damages to the client in any way;
- In the event of payment default, the client is furthermore liable to pay default interest on the outstanding claims equal to the statutory interest;
- In the event of liquidation, bankruptcy or suspension of payment of the client, the contractor’s claims and the client’s obligations towards the contractor will be immediately due and payable;
- If more than the usual effort is required from the contractor to implement the agreement, the contractor may demand payment (or equivalent security) before commencing its work.
Collection costs
- If the contractor decides, for reasons of its own, to collect a claim for non-payment of one or more unpaid invoices through legal means, the client is, in addition to the principal amount and interest owed, also obliged to pay all reasonably incurred judicial and extrajudicial costs. reimburse. 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 in court. The reimbursement of judicial and extrajudicial costs incurred amounts to at least 15% of the principal amount due.
Liability
- The contractor accepts no liability whatsoever for damage caused by or in connection with the services it provides.
- The liability of the contractor is limited to the invoice value of the assignment, or at least that part of the assignment to which the liability relates;
- Any liability of the contractor for business damage or other indirect or consequential damage, of whatever nature, is expressly excluded.
Cancellation, termination of the agreement
- The contractor has the right, without giving any reason, to cancel an advisory, training, guidance or coaching process or to refuse the participation of a client or to refuse the client designated by the client, in which cases the client is entitled on reimbursement of the full amount paid by it to the contractor;
- Cancellation or rescheduling by the client of a day or multi-day program(s) after confirmation is only possible in consultation in special cases.
Cancellation by a client or coachee of a single coaching session of one and a half hours to half a day can be canceled free of charge up to two weeks before the start.
If cancellation is not made, the client or client/coachee is obliged to pay the total amount of the relevant advice, training, guidance or coaching process/program.
- If the client or the client designated by the client terminates participation prematurely or otherwise does not participate after the start of an advisory, training, guidance or coaching process, the client is not entitled to any refund. unless the special circumstances of the case, in the opinion of the contractor, such as death and illness, demonstrably justify otherwise.
- In the event of cancellation of clients due to illness or other special cases of client absence as indicated in point 3, the relevant experts will be informed and will not be reimbursed.
Personal data
- By entering into an agreement with the contractor, the contractor is granted permission for automatic processing of the personal data obtained from the agreement. The contractor will only use these personal data for its own activities.
Dispute Resolution
- Dutch law applies to every agreement between the contractor and the client;
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