General Terms and Conditions I Self Coach
TABLE OF CONTENTS Article 1 - Identity of the vendor Article 2 - Applicability Article 3 - Our offer and the price Article 4 - (Advance) payment Article 5 - Execution of the agreement Article 6 - Force majeure Article 7 - Intellectual property Article 8 - Liability Article 9 - Complaints procedure and disputes Article 10 - Miscellaneous provisions**
ARTICLE 1 IDENTITY OF THE VENDOR 1.1. These are the general terms and conditions of I Self Coach, a Dutch company with registered offices at Larenseweg 28-A14 1221 CM Hilversum and registered in the Chamber of Commerce under number 83560416. (hereinafter: ISC) Email address: email@example.com Company number: 83560416 Bank account: NL32RABO332715590
ARTICLE 2 APPLICABILITY 2.1. The present general terms and conditions apply to every offer and every agreement concluded regarding the services offered by ISC to both consumers and companies. ISC offers a web application that can be used by both consumers and companies by way of logging in to an account in order to follow “self-coaching” procedures. 2.2. If you place an order as a consumer, namely a natural person who is not acting on behalf of a professional activity in the course of a business, you must be at least 18 years old. If you are under 18, we ask you to have the order placed by your parents or legal guardian. If we notice that an order is placed by a minor, we have the right to refuse this order. 2.3. Placing an order on the website constitutes explicit acceptance of our general terms and conditions, which are always available through the website. 2.4. If you order online, we will provide you, in addition with the order confirmation, a copy of the general terms and conditions in a format that you can save or print. 2.5. In addition to these general terms and conditions, additional special terms and conditions may also apply. In the event of discrepancies between the special terms and conditions and the present terms and conditions the provisions of the special terms and conditions will apply, unless otherwise stipulated. 2.6. ISC reserves the right to amend and/or supplement the present general terms and conditions at any time for future orders.
ARTICLE 3 OUR OFFER AND THE PRICE 3.1. You can purchase our services as a consumer and/or as a company. We always describe as completely and accurately as possible what we sell you and how the ordering process will proceed. If an offer has only a limited period of validity or is subject to certain conditions, we will explicitly state this in our offer. 3.2. Your order is complete and the agreement is final as soon as we confirm your order by email and as soon as we have received approval from the card issuer for your payment transaction with credit or debit cards. We accept payments through Stripe (including Visa, MasterCard, American Express, iDeal, Alipay, SEPA Debit) and by bank transfer. If the issuer of your card refuses to agree to your payment to us, we cannot be held responsible for delays in the delivery and/or non-delivery of our services. Orders without valid payment in the name of the registered cardholder will not be accepted or processed. 3.3. To purchase our services, you have to choose between a basic or premium option. After you have made your choice, you will be redirected to the payment page where you can enter your contact details and billing information. In the last step you will get an overview page, accept our terms and conditions and confirm your payment by pressing the order button with the caption “order with payment obligation”. Once you have completed these steps, your purchase is final. 3.4. For B2B there is the possibility to purchase multiple accounts and request additional support from ISC at hourly rates between 120-150 EUR. All prices are exclusive of VAT and other government levies, any costs to be incurred, including administration costs, unless stated otherwise. 3.5. Companies can request offers with an explanation of the requested order and the rates and prices applied. Our offers are only valid regarding the person to whom the offer is addressed. An offer has a validity period stated on the offer itself, in the absence of this period the offer will be valid 30 calendar days after the transmission date of the offer. Offers obtain the legal validity of an agreement in case the offer is signed by the customer and ISC. An acceptance by email (or other electronic means of communication) are considered as signing the offer. ISC also reserves the right to refuse certain assignments without giving any reason.
ARTICLE 4 (ADVANCE) PAYMENT 4.1. Our rates and prices include all costs necessary for the provision of the services, unless explicitly stated otherwise. ISC invoices its services and costs incurred per assignment. For additional services of ISC, an advance payment of 30% on the amount of the offer has to be completed. 4.2. ISC only accepts payment through the payment modules as stated on our website (Stripe and/ or bank transfer). 4.3. All invoices shall be paid within 30 days of the invoice date. In the absence of payment on the due date, the invoice will be automatically and without notice of default increased with an interest of 8% per year and with a fixed compensation of 15% on the amount due, with a minimum of 250 EUR (excl. VAT. ) and without prejudice to any higher actual damage suffered. The compensation remains due even if the original amount of the invoice is paid. 4.4. All costs resulting from the enforcement of payment through legal means, including costs for written reminders, attorney fees, will be carried by the client. 4.5. In case of lack of payment, ISC reserves the right to immediately terminate the services (e.g access to the web application).
ARTICLE 5 EXECUTION OF THE AGREEMENT 5.1. ISC executes with all reasonable skills, care and diligence in performing the services under the present terms and conditions and carries out diligently and in a timely manner all responsibilities according to good industry standards in accordance/alignment with the offer and/or agreement. 5.2. After payment, the customer will be able to create an account and log in to use the web application.
ARTICLE 6 FORCE MAJEURE 6.1. In case of force majeure, ISC is not obliged to fulfill her obligations. In that case, ISC may either suspend her obligations for the duration of the force majeure, or terminate the agreement definitively. 6.2. Force majeure is any circumstance beyond our will and control that prevents the fulfillment of our obligations in whole or in part. Such events include, but are not limited to: strikes, illness, epidemics and pandemics, fire, business disruptions, power failures, disruptions in a (telecommunication) network or connection or communication systems used and / or the unavailability of our web application, non- delivery or late delivery from suppliers or other engaged third parties.
ARTICLE 7 INTELLECTUAL PROPERTY 7.1. Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that remain property of ISC or with our suppliers or other entitled beneficiaries. 7.2. Intellectual property rights include amongst others patents, copyright, trademark, design rights and/or any other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts. 7.3. It is prohibited to use and/or change the intellectual property rights as described in this article. As a customer, you are not allowed to copy, reproduce or perform any other processing of material that is protected by intellectual property rights without the prior, explicit and written consent of ISC.
ARTICLE 8 LIABILITY 8.1. ISC is offered to you without any explicit or implicit warranties as to its proper operation. The customer is solely responsible for the use of the services (including answering questions, facing challenges, ...) and his / her mental and physical health status. Under no circumstances can ISC be held liable for services and/or advice or damage that result from incorrect information about the health condition of the customer. 8.2. ISC delivers her services in accordance with the rules of the art and works with qualified personnel. While ISC will provide its services to the best of its knowledge and ability, it makes no warranty of any kind with regard to the services and/or results thereof, such as the assurance that the services will be suitable for a particular purpose or that it will meet needs from the customer. The customer acknowledges and accepts that ISC only commits itself to an obligation of means and not an obligation of result. 8.3. ISC is not liable for injuries, direct or indirect damages incurred by the customer during or as a result of using ISC's services. Nor for any direct or indirect damages such as: non-achieved results (e.g. for challenges), his / her state of health, loss of revenue, loss of actual or anticipated profit, loss of business, loss of opportunity, loss of goodwill, reputational damages, loss or corruption of or damages to data, the systems or programs or a data breach for which it is liable in these terms and conditions not expressly provided. In cases where ISC is liable, her liability is in any way limited to cases of intent or gross negligence on the part of ISC. 8.4. ISC is not liable for defects in the services due to any act, negligence or fault of the customer. 8.5. ISC uses her best effort to provide access to the web application 24 hours a day and 7 days a week. However, due to the technical characteristics of the internet, the IT resources and the need for periodic maintenance, update or upgrade operations, ISC cannot guarantee uninterrupted access and service to the web application.
ARTICLE 9 COMPLAINTS PROCEDURE AND DISPUTES 9.1. We always hope that all our customers are 100% satisfied. If you still have complaints about our services, you can contact us at firstname.lastname@example.org. We do our utmost best to handle your complaint within 7 days. 9.2. All agreements that we conclude with our customers, regardless of their place of residence, are exclusively governed by Dutch law and in case of disputes, only the courts of the registered offices of ISC have exclusive jurisdiction. 9.3. In case of an out-of-court settlement of the dispute, the Consumer Ombudsman's Service of the Federal Government (FPS economy) is competent for every request concerning out of court dispute settlement. They will either treat it themselves or forward it to a qualified entity. You can contact the Consumer Ombuds Service via this link: http://www.consumentenombudsdienst.be//nl 9.4. In case of a cross-border dispute, you can use the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr.
ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1. The present general terms and conditions shall govern the entire legal relationship between ISC and the customer with regard to their subject matter. 10.2. If any provision of the present terms and conditions is declared unlawful, void or unenforceable in whole or in part under applicable law, the relevant provision or part thereof shall be deemed not to form part of the present terms and conditions, and its legality, whereas the legality, validity and enforceability of the remaining provisions of these terms and conditions shall be preserved. In such an event, each party shall make its best efforts to promptly and in good faith negotiate a valid replacement provision that is as close as possible to the parties' original intent and has the same or a similar economic effect.