Article 1 Applicability
1. The following terms and conditions apply to all our offers and all agreements concluded by us or actions performed by us.
2. All our offers – including quotes, brochures and price lists – are without obligation and based on the information provided by the client. We reserve the right to refuse orders at any time.
3. The destruction and / or invalidity of any provision of these terms and conditions do not affect the validity of the other provisions of these terms and conditions.
Article 2 Execution of the work
1. The period within which we provide our services is only given as an approximation and can never be considered a strict deadline unless explicitly agreed otherwise. Exceeding the term does not, in any case, entitle the client to compensation.
2. We are entitled to suspend the further execution of our work, as long as the client has not met all his obligations towards us. The suspension applies until the moment that the client has fulfilled his obligations unless we have already made use of our right to terminate the agreement. All this does not affect our right to compensation.
3. The agreement concluded by us can be executed to the best of our ability.
4. The consultants of Essensia work in accordance with the NOBOL code of conduct and, as a member of a professional association, are furthermore bound by the respective codes of conduct of the NIP and / or the NOLOC.
5. The client and adviser will work based on mutual trust and respect. In the absence of this, it is always permitted to use another consultant or to refuse an assignment.
Article 3 Confidentiality
We are obliged to treat personal data of individual clients with strict confidentiality and not to provide it to third parties, including the client, with the explicit permission of the client. The business content of the final advice or the research result will, if desired, be made available to the possible client, unless compelling personal interests of the individual client preclude this, at the discretion of the client. We undertake to maintain complete confidentiality concerning all information and data provided by or on behalf of the client, in whatever form, which must reasonably be assumed to be confidential.
We will keep personal data, test results and advice about individual clients for the usual period and are entitled to re-use them for statistical purposes in the interest of the client concerned, taking into account the privacy of the client. This period has now been set at 24 months after the end of the process.
Article 4 Obligations of the client
The client is obliged to provide us with all information and data required for the execution of the assignment. The client will also, within his capacity, promote that we get access to persons and / or information or data from third parties that are necessary for the correct execution of the assignment.
Article 5 Advisers
We are at all times entitled to replace our advisers involved in an assignment with other qualified advisors; any resulting costs are for our account.
Article 6 Force majeure
Circumstances beyond our control and / or our fault which are of such a nature that compliance with the agreement cannot reasonably be demanded from us or to the full extent of it, give us the right to dissolve the agreement in whole or in part and / or the execution without any obligation to pay compensation.
Article 7 Liability
We are never liable for any damage whatsoever, including industrial damage that may arise for the client from an agreement concluded with us. The client indemnifies us in this regard against third-party liability.
Article 8 Invoicing
Invoicing takes place at the start of the (individual) assignment unless agreed otherwise in writing after the agreement between the client and Essensia.
Article 9 Payment
Payment of the invoices submitted must be made within 30 days of the invoice date unless otherwise specified in the written agreement between the client and Essensia. If the term is exceeded, Essensia reserves the right to charge statutory interest and collection costs.
Article 10 Cancellation
1. Individual guidance or coaching interviews can be cancelled free of charge up to 5 working days in advance. If cancelled within 2 working days, 100% of the rate will be charged. If you are unable to attend, it is possible to have yourself replaced by a colleague at the same advisor without charge.
2. A training course or workshop can be cancelled free of charge up to 2 weeks before the start. Afterwards, if cancelled up to 1 week before the start, 50% of the rate will be charged. If cancelled within 1 week before the start, 100% of the rate will be charged.
3. An assessment can be cancelled free of charge up to two weeks before administration. Afterwards, at the latest up to 1 week before purchase, 50% of the rate will be charged. If cancelled within 3 working days before purchase, 100% of the rate will be charged.
4. For all of the cancellation schemes mentioned above, the written agreement between the client and Essensia may deviate from this.
Article 11 Copyright
The copyrights of all offers, reports, advice, etc. made by us in writing or on other data carriers are vested in unless explicitly agreed otherwise in writing with us. Clients and / or clients are not free to use this for commercial purposes, for publication or any other use.
Article 12 Disputes
All disputes between the client and us that may arise from the agreement concluded by us with the client will be settled at our discretion by the Judge who is competent on the basis of the statutory rules of competence, or by the competent Judge in the district of our place of factual location: Utrecht, Amsterdam, Rotterdam or The Hague.
Article 13 Guarantees
1. Due to the nature of its services and the client’s explicit input, the coach does not guarantee success or prospects for improvement. The client determines whether and how quickly he / she brings about a change. Based on the experience gained in the past, insight into the natural processes and the personality of the client an interim estimate can be given of expected development.
2. If a client is not satisfied with a performance delivered by the consultant, this must be reported to the consultant in writing within eight days of the session. Consultation can then take place about how it can be reasonably ensured that the client is satisfied.
Article 14 Liability
If the coach has been grossly negligent, then any liability applies insofar as it is recognized and covered by the insurer’s insurances up to the amount of the benefit paid out by the company, and otherwise up to the amount with which the assignment for this client. Should the consultant unexpectedly cause damage to buildings or goods of a client or have caused bodily injury, a possible liability applies to the extent that this is recognized and covered by our insurance policies up to the amount of the payment by the company, and otherwise up to the amount involved in this assignment for this client. The coach cannot be held liable for direct or indirect consequences of normal, wrong or improper use of the services and information provided by him. The coach can also not be held liable for consequential damage. In all cases not mentioned above, the possible liability of the coach is limited to the amount involved in this assignment for this client.
Article 15 Dutch law applies
All acts performed by us, including agreements concluded by us, are governed by Dutch law