Terms and Conditions

Article 1. Definitions

In these general terms and conditions, the following terms shall have the meanings ascribed to them:

Service Provider: Daphne Vlietman, located in Voorhout, registered under number 89250141.
Client: the natural or legal person, whether or not acting for purposes related to their trade, business, craft, or professional activities, who provides the Service Provider with the assignment for the work.
Customer: the natural or legal person, whether or not acting for purposes related to their trade, business, craft, or professional activities, who purchases a product or service from the Service Provider.
Services: all services provided by the Service Provider to the Client and/or customer.
Distance Agreement: an agreement concluded between the Client and the Service Provider within the framework of an organized system for distance selling of products, digital content, and/or services, whereby the conclusion of the agreement is made exclusively or partly through the use of one or more means of distance communication.
Means of Distance Communication: a tool that can be used to conclude an agreement without the Client and the Service Provider needing to be physically present in the same location.
Ongoing Agreement: an agreement aimed at the regular delivery of goods, services, and/or digital content for a specified period.
(Supplementary) Agreement: an agreement whereby the Client acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are delivered by the Service Provider or by a third party based on an arrangement between that third party and the Service Provider.

Article 2. Identity of the Service Provider

Daphne Vlietman

Schoonoord 82, 2215 EH Voorhout, Netherlands

Email: d.vlietman@gmail.com

Article 3. Applicability of these Conditions

These general terms and conditions apply to every (extension of) offer from the Service Provider and to every agreement concluded between the Customer/Client and the Service Provider. Deviations from these conditions are only valid if expressly agreed upon in writing.
Not only the Service Provider but also all natural persons, legal entities, and/or third parties engaged in the execution of any assignment by the Service Provider may invoke these general terms and conditions.
These general terms and conditions also apply to additional agreements and/or ongoing agreements of the Customer/Client.
Any purchasing or other general terms and conditions of the Customer/Client do not apply, unless expressly accepted in writing by the Service Provider.
Prior to the conclusion of the distance agreement, the text of these general terms and conditions shall be made available to the Customer/Client.
The Service Provider has the right to unilaterally amend these conditions if deemed necessary. The new conditions will be communicated to the client before they take effect.
If one or more provisions in these general terms and conditions are wholly or partly void or declared null and void at any time, the remainder of these general terms and conditions shall remain in full force and effect.
If the Service Provider allows deviation from these general terms and conditions, it does not affect its right to demand strict compliance with the remaining provisions.

Article 4. Quotations/Offer

The quotations/offers made by the Service Provider are non-binding; they are valid for 30 days, unless stated otherwise. The Service Provider is only bound by the quotations/offers if acceptance is confirmed in writing by the Customer/Client within 30 days. The price quotations are subject to changes due to unforeseen changes in the work or changes to the assignment. These changes will be made in consultation and with mutual approval.
Changes to the original agreement between the client and the service provider are only valid from the moment these changes are accepted and signed by both parties through an additional or amended agreement.
The prices in the mentioned quotations/offers are exclusive of 21% VAT and other government levies, as well as any costs incurred in connection with the agreement, including shipping and administrative costs, unless stated otherwise.
Quotations/offers are based on the information available to the Service Provider. They include a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the Customer/Client to assess the quotation/offer. If the Service Provider uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the quotation/offer do not bind the Service Provider.
Each quotation/offer provides sufficient information for the Customer/Client to understand the rights and obligations associated with accepting the quotation/offer.
A composite quotation does not oblige the Service Provider to perform a part of the quotation/offer for a corresponding part of the total price.

Article 5. Conclusion of the Agreement

The agreement is concluded, subject to the provisions of clause 5, at the moment of acceptance by the Customer/Client of the quotation/offer and compliance with the specified conditions.
If the Customer/Client accepts the offer electronically, the Service Provider shall confirm the receipt of the acceptance of the quotation/offer electronically as soon as possible. As long as the receipt of this acceptance has not been confirmed by the Service Provider, the Customer/Client can dissolve the agreement. Failure to timely confirm the receipt of a quotation/offer is considered as rejection thereof.
If the agreement is concluded solely through the exchange of electronic mail or a similar form of individual communication, clause 2 does not apply.
If the agreement is concluded electronically, the Service Provider shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer/Client can make electronic payments, the Service Provider will take appropriate security measures.
Within legal limits, the Service Provider can ascertain whether the Customer/Client can fulfill their payment obligations, as well as any facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this investigation, the Service Provider has valid reasons not to enter into the agreement, they are entitled to refuse an order or request or attach special conditions to the execution.

Article 6. Cooling-Off Period

The Customer/Client has a cooling-off period of 14 days to dissolve an agreement without stating any reasons. The Service Provider may ask the Customer/Client for the reason for the dissolution, but cannot compel them to provide this information. Within this cooling-off period, the Customer/Client can cancel free of charge. Afterward, the agreement becomes final.

Article 7. Engagement of Third Parties

To the extent necessary for the proper execution of the agreement, the Service Provider is authorized to engage third parties after consulting with the Customer/Client.
When engaging third parties, the Service Provider shall exercise due diligence.
The Service Provider is not liable for any shortcomings of these third parties.
If these third parties limit their liability in connection with the execution of the agreement, the Service Provider assumes and, if necessary, stipulates that any agreement between the Service Provider and the Customer/Client includes the authority to accept any liability limitations on behalf of the Customer/Client.

Article 8. Execution of the Agreement

Agreements concluded between the Customer/Client and the Service Provider impose an obligation of effort on the Service Provider, not an obligation of results, whereby the Service Provider is obliged to fulfill its obligations to the extent required by the standards of care and professionalism applicable at the time of performance by the Service Provider.
The Customer/Client ensures that all data indicated by the Service Provider as necessary, or that the Customer/Client reasonably understands to be necessary for the execution of the agreement, are provided to the Service Provider in a timely manner. If the data required for the execution of the agreement is not provided to the Service Provider in a timely manner, the Service Provider has the right to suspend the execution of the agreement and/or charge the Customer/Client for any additional costs resulting from the delay, according to the standard rates.
The Service Provider is not liable for any damages of any kind resulting from the Service Provider relying on incorrect and/or incomplete data provided by the Customer/Client, unless such incorrectness or incompleteness should have been known to the Service Provider.

Article 9. Amendment of the Agreement

If it becomes apparent during the execution of the agreement that it is necessary to modify or supplement the work to be performed for proper execution, the parties shall adjust the agreement accordingly in a timely manner and in consultation.
If the parties agree to modify or supplement the agreement, the completion time of the execution may be affected. The Service Provider will inform the client as soon as possible in such cases.
If the modification or supplementation of the agreement has financial and/or qualitative consequences, the Service Provider shall inform the Customer/Client in advance.
If a fixed fee has been agreed upon, the Service Provider shall indicate to what extent the modification or supplementation of the agreement will result in an exceeding of this fee.

Article 10. Confidentiality

The parties are obliged to maintain confidentiality regarding all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been disclosed by the other party or if it arises from the nature of the information.
The Service Provider will not refer to the assignment externally without the permission of the Client.

Article 11. Intellectual Property

To the extent that copyright, trademark, design rights, trade name, or other intellectual property rights arise from the services provided by the Service Provider in the execution of the agreement, they shall remain the intellectual property of the Service Provider. The Customer/Client may only use the tangible carriers of these rights for the purpose for which they were provided to the Customer/Client, without reproducing them and without modifying or removing any copyright, trademark, design, trade name, or other indications.
The Service Provider retains the right to use the knowledge acquired during the performance of the work for other purposes, as long as no confidential information is disclosed to third parties and as long as the knowledge cannot be attributed to the individual Customer/Client.

Article 12. Payment

Unless otherwise agreed in writing, payment must be made within 14 days from the invoice date, in the currency specified by the Service Provider. Payment shall be made without deduction, setoff, or suspension for any reason whatsoever.
All costs related to the payment, including exchange and bank costs, are for the account of the client.
If the Customer/Client has not paid the amounts due by the due date, they will automatically be in default, without any further notice of default being required. In the event of payment default by the Customer/Client, the Service Provider is entitled to immediately suspend or terminate all work to be performed on behalf of the Customer/Client, without being liable for damages to the Customer/Client in any way.
In case of payment default, the Customer/Client is also obliged to pay default interest on the outstanding amounts equal to the statutory (commercial) interest under Article 6:119(a) of the Dutch Civil Code.
In the event of liquidation, bankruptcy, or suspension of payment of the Customer/Client, the claims of the Service Provider and the obligations of the Customer/Client towards the Service Provider will become immediately due and payable.
Payments made by the Customer/Client shall always be used to settle, first, any outstanding interest and costs, and, second, the invoices that have been outstanding the longest, even if the Customer/Client states that the payment relates to a later invoice.
If the service provider is compelled to perform additional or different work due to the untimely or incomplete provision of complete, adequate, and clear data/materials or due to a modified or incorrect assignment or briefing, such work will be remunerated separately.
Additional work will be discussed and calculated separately between the parties. If the service provider deems additional work indispensable, it will promptly notify the client. If no agreement is reached regarding the necessary additional work, the service provider is entitled to cease the work and settle the account.

Article 13. Changes and Additional Work

If the service provider has performed work or provided other services that are outside the scope of the agreed-upon services and products, either upon request or with prior consent from the client, the client shall compensate the service provider for these additional services or work at the usual rates of the service provider. However, the service provider is not obligated to fulfill such a request and may require a separate written agreement for it.
In cases where a fixed price has been agreed upon for the services and products, and the parties intend to enter into a separate agreement for additional work or services, the service provider will inform the client in writing or by phone about the financial consequences of such additional work or services in advance.
After approving the quote and the initial website design, changes to the design cannot be made free of charge.
Changes in rates may occur if there are modifications to the scope of the project, an extension of the project, or changes in the applicable laws and regulations of the service provider.

Article 14. Maintenance subscription

These terms and conditions apply to a monthly maintenance contract for an existing website.
Website maintenance includes:
Keeping WordPress, plugins, and themes up to date.
Performing weekly or monthly backups of the entire WordPress website, including the database.
Carrying out other maintenance tasks specified in the invoice.
The maintenance contract does not cover additional costs for resolving potential issues encountered during WordPress updates. It also does not cover major theme modifications or complete theme changes. Any work outside of office hours (weekends and after 5:00 PM) will be billed at a different rate (€85 per hour excluding VAT).
The maintenance contract is terminable on a monthly basis.
The notice period for terminating a maintenance contract is 30 days before the end of the contract date.
The service provider is not liable for third-party plugins.
Paid plugins are subject to licensing, typically valid for 1 year. Without a valid license, the plugin will continue to function but cannot be updated. Non-updated plugins may lose functionality and pose a security risk, so it is always recommended to purchase a license. These costs are the client’s responsibility.

Article 15. Strip Card Model

Strip card model: A specific number of hours is agreed upon that can be freely used by the Client. The strip card will be invoiced to the client with a 14-day payment term. The start date is the date on which the payment is received. The entire fee will be invoiced in advance.
The credit on the strip card is valid for 1 year from the invoice date. Strip cards cannot be terminated during this period.
No refunds will be granted for paid and unused strip cards or parts thereof.
Strip cards are not transferable to third parties.
Work will be scheduled through mutual agreement.
The Client has access to an overview of hours worked, including previous tasks, at any time. If the work requires more time than the remaining balance on the strip card, prior contact will be made.
Strip card units are always executed during office hours. The strip card cannot be used for work on weekends or national holidays.

Article 16. Judicial and Extrajudicial Costs

If the Customer/Client fails to meet its payment obligations or does so belatedly, the Customer/Client, after being notified by the Service Provider of the late payment and after the Service Provider has granted the Customer/Client an additional period of 14 days to meet the payment obligations, shall be liable for the statutory (commercial) interest under Article 6:119(a) of the Dutch Civil Code on the outstanding amount. The Service Provider is also entitled to charge the Customer/Client all reasonable judicial and extrajudicial costs incurred by the Service Provider. This includes the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if they exceed the legal costs awarded by the court. The extrajudicial collection costs amount to a maximum of 15% of the outstanding claims up to EUR 2,500, 10% for the next EUR 2,500, and 5% for the subsequent EUR 5,000, with a minimum of EUR 40.

Article 17. Liability

The Service Provider accepts no liability whatsoever for any damages arising from or related to the services provided, unless the Customer/Client can demonstrate that the damages were caused by intentional or gross negligence on the part of the Service Provider.
The liability of the Service Provider is limited to the invoice value of the agreement, or the part of the agreement to which the liability relates.
Notwithstanding the provisions of paragraph 2 of this article, in the case of an agreement with a duration of more than six months, the liability is further limited to the amount of the invoice value for the last six months.
If damage to persons or property is caused by or in connection with the provision of services by the Service Provider or otherwise, for which the Service Provider is liable, that liability is limited to the amount of the payment under the general liability insurance taken out by the Service Provider, including the deductible borne by the Service Provider in connection with that insurance.
Any liability of the Service Provider for business losses or any other indirect or consequential damages of any kind is expressly excluded.

Article 18. Termination and Dissolution of Agreement

If the Customer/Client terminates an agreement, they shall be obliged to pay, in addition to damages, the fees and costs incurred with regard to the work performed up to that point.
If the Service Provider terminates the agreement due to an attributable breach of the agreement by the Customer/Client, the Customer/Client shall be obliged to pay, in addition to damages, the fees and costs incurred with regard to the work performed up to that point. Behaviors of the Customer/Client due to which it can no longer reasonably be expected from the Service Provider to complete the assignment shall also be considered as an attributable breach in this regard.
The Service Provider has the right to temporarily or completely suspend the use of delivered products and services and/or restrict their use if the Customer/Client fails to comply with the agreement and obligations towards the Service Provider or acts in violation of these general terms and conditions. The Service Provider shall notify the Customer/Client thereof in advance, unless this cannot reasonably be expected from the Service Provider. The obligation to pay the amounts due remains in effect during the period of suspension.

Article 19. Force Majeure

Force majeure exists if, due to illness and/or death, the Service Provider unexpectedly cannot have access to trainers, instructors, coaches, without any reproach being attributed to the Service Provider. Force majeure also includes, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, over which the Service Provider has no influence but which prevent the Service Provider from fulfilling its obligations under the agreement. Examples include power or internet outages, terrorism, war, extreme weather conditions, pandemics, etc.
In such a case of force majeure, the Service Provider has the right to modify or cancel the execution of the assignment until the circumstances causing the force majeure no longer exist.
The Service Provider will schedule any new dates for the execution in consultation with the Customer/Client and/or Coachee.
In case of cancellation based on force majeure, the Service Provider is not liable for any resulting damages for the Customer/Client and/or Coachee.

Article 20. Personal Data

By entering into an agreement with the Service Provider, the Customer/Client grants the Service Provider permission to automatically process the personal data obtained from the agreement. The Service Provider will only use this personal data for its own activities.
By agreeing to these general terms and conditions, the Customer/Client gives the Service Provider permission to receive emails, which can be unsubscribed from.

Article 21. Complaints Procedure

Complaints about the execution of the agreement must be submitted to the Service Provider within a reasonable time after the Customer/Client has discovered the defects, fully and clearly described.
Complaints submitted to the Service Provider will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Service Provider will respond within the 14-day period with an acknowledgment of receipt and an indication of when the Customer/Client can expect a more detailed response.
The Customer/Client must give the Service Provider at least 4 weeks to resolve the complaint through mutual consultation.

Artikel 22. Dispute Resolution

Dutch law applies to any agreement between the Service Provider and the Customer/Client.
In the event of any disputes, the parties will first attempt to resolve them amicably. If this is not successful, the parties are free to submit the disputes to the competent court.

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Company welcomes your questions or comments regarding the Terms:

Daphne Vlietman
Schoonoord 82

2215 EH Voorhout, The Netherlands

Email Address: d.vlietman@gmail.com

Effective as of July 7, 2023