Delivery terms and conditions
The delivery terms and conditions stated below apply in full to contracts with Insight from Inside.
Article 1: Definition of terms
In these terms and conditions the capitalised terms have the following meaning:
CLIENT: the natural or legal person who negotiates with Contractor on the granting of an Assignment to perform work.
CONTRACTOR: Insight from Inside.
ASSIGNMENT: the assignment given by Client to Contractor for the provision of service for individual participants and groups of participants of one organisation or Client for which an offer is drawn up separately and on which matter a Contract is entered into between Parties.
TRAINING/COURSE: group training/courses, meetings, presentations, workshops and other learning interventions in groups.
COACHING: individual counselling.
STARTING MOMENT OF THE ASSIGNMENT: the first invoiceable performance of the assignment.
CANCELLING/SHIFTING: the termination/shifting of the assignment for a training/course or coaching assignment or shifting of the starting moment of the assignment.
PARTIES: Client and Contractor jointly.
Article 2: Applicability
2.1 These terms and conditions apply to all contracts effected with Contractor. The applicability of the general terms and conditions of Client, by whatever name, is hereby expressly rejected.
2.2 Deviations from these terms and conditions will only be binding if and to the extent they are agreed in writing between Parties.
Article 3: Formation of the contract
3.1 Assignment: the contract between Contractor and Client is concluded by the written confirmation validly signed by Client, or by written confirmation by Client of the assignment per email.
3.2 Non-binding nature of offer: all quotations and offers of Contractor are not binding until a contract has been concluded by Parties on the matter of that offer.
Article 4: Performance of the contract
In so far as offers submitted by Contractor are partly based on information that is provided by Client, Client guarantees that to the best of his knowledge he provided all essential information for the design and performance of the offered activities. Contractor will perform the services to be provided by him to the best of his knowledge and ability, and in accordance with high standards. If in the performance it emerges that there are circumstances that require a modified approach, Contractor will, in consultation with Client – or vice versa – strive to adapt the original assignment. Both Client and Contractor are obliged to draw attention to this promptly and discuss and record in writing the consequences for the assignment and any (extra) costs.
Article 5: Cancellation or shifting by Client
a. Client can cancel a training/course free of charge up to 6 weeks prior to the start of the training/course.
b. In the event of cancellation or changes between 6 and 2 weeks prior to the start of the training/course, 50% of the quoted amount will be charged.
c. In the event of cancellation or changes less than 2 weeks days prior to the start of the training/course, 100% of the quoted amount will be charged.
a. Client or the participant appointed by Client can cancel coaching free of charge up to 4 working days prior to the start of the coaching.
b. In the event of cancellation or changes between 4 and 2 working days prior to the start of the coaching, 50% of the quoted amount will be charged.
c. In the event of cancellation or changes less than 2 working days prior to the start of the coaching, 100% of the quoted amount will be charged.
Article 6: Cancellation or change by Contractor
In case of Force Majeure, Contractor may suggest to Client to cancel or shift the assignment. If the assignment is cancelled, Contractor will credit all relevant payments that have been done by Client.
Article 7: Prices
Prices are non-binding unless included in a written contract as referred to in article 3.
Article 8: Payment
8.1. Contractor will charge the fees payable by Client by means of an invoice. Client must pay the fees owed within 30 days of invoice date.
8.2. If Client does not pay the invoices sent by Contractor within the agreed period, he is in default de jure. From the due date, Contractor is always entitled to charge the statutory interest and the collection costs actually incurred, without prejudicing the right of Contractor to payment of other damage payable by Client.
8.3. If Client is in default as a result of late and/or incomplete payment, Contractor is entitled to suspend performance of the assignment immediately.
Article 9: Copyright
9.1 Models, techniques, instruments, that are used for the performance of the work and are included in the result, are and remain the property of Contractor. Publication may only take place after permission is obtained from Contractor. Client is entitled to make multiple copies for use in his own organisation, in so far as this is appropriate within the objective of the assignment. The copyright to the brochures, project material and training and course material published by Contractor is vested in Contractor, unless a different copyright owner to the work is indicated on the item itself.
9.2 Unless otherwise agreed in writing, copyright in all that arises from the activities of Contractor, including but not limited to proposals, reports and other records, rests solely with Contractor. Contractor also has the right to use, to the extent that no confidential information is disclosed to third parties, knowledge increased by the performance of activities for other purposes.
Article 10: Confidentiality
All data that are obtained within the context of the agreement with Client will be handled in the strictest confidence and in accordance with the applicable privacy legislation and regulations by Contractor.
Article 11: Liability
11.1 Contractor makes every effort to perform the given assignment to the best of his knowledge and ability and in accordance with conditions and code of conduct of NOBTRA (Dutch order of professional trainers) and NOBCO (Dutch order of professional coaches). Contractor thus guarantees the good quality of the performance of the activities.
11.2 Contractor will not accept any liability towards Client for damage other than damage covered by its liability insurance and to the extent that the insurer will pay should the need arise.
11.3 In cases other than those stated in paragraph 2, liability is limited to the amount charged for the performance causing the damage.
11.4 Any liability of Contractor for indirect damage, including consequential damage, loss of profits and damage due to business interruption, is expressly excluded.