ARTICLE 1. DEFINITIONS AND TERMS
1.1 Client: the person or persons for whose benefit The Parental Coach provides its services.
1.2 Client: the person or organisation, or its legal successor(s), if any, who has issued an order to The Parental Coach to provide its services. Unless explicidly agreed otherwise in writing with The Parental Coach, the client is the one who is obliged to pay the agreed price for The Parental Coach's services.
1.3 The Parental Coach: registered with the Utrecht Chamber of Commerce under number 72551569.
1.4 Assignment fee: the total agreed amount of the assignment, named in the signed order confirmation or in the offer or program proposal declared to be approved by the client.
ARTICLE 2. APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions apply to all offers, quotes, assignments, work performed by, and agreements entered into with The Parental Coach.
2.2 Deviations from these General Terms and Conditions are only valid if explicidly agreed upon in writing. Should one or more of the articles in these General Terms and Conditions cease to apply, the remaining articles of these General Terms and Conditions will continue to apply.
2.4 The Parental Coach reserves the right to modify or amend these General Terms and Conditions in the future.
ARTICLE 3. COMMISSION
3.1 Quotes by The Parental Coach are based solely on the information provided to it by a (prospective) client. The client warrants that he/she has provided The Parental Coach, to the best of his/her knowledge and belief, with all the relevant information for making the quotation and for the design and execution of the assignment. If at any time this information proves to have been incorrect and/or incomplete, The Parental Coach reserves the right to unilaterally and/or prematurely adjust the fee agreed with the client for the services to be provided by The Parental Coach.
3.2 Quotations made by The Parental Coach are without obligation; they are valid for 30 days unless otherwise stated. The client is only bound by the quotation if the other party confirms acceptance in writing within 30 days.
3.3 An assignment is granted either by the signed return of an agreement issued by The Parental Coach, or by the written e/o e-mail acceptance of the digital quotation sent. As such, this digital quotation also becomes the order confirmation.
3.4 The absence of written approval of the quotation or agreement issued by The Parental Coach does not affect the fact that the client is deemed to have commissioned The Parental Coach, in accordance with the terms of the quotation, when and as soon as the actual provision of services by The Parental Coach has commenced.
ARTICLE 4. INTERIM CHANGE IN THE ASSIGNMENT
4.1 If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will amend the agreement in good time and by mutual agreement.
4.2 If an interim change results in additional work compared to the original order price, this will be charged to the client additionally, without a separate written order being required. The Parental Coach will inform the client in advance.
ARTICLE 5. PERFORMANCE OF THE AGREEMENT
5.1 The Parental Coach will perform its services to the best of its knowledge and ability. The agreement entered into results in an obligation of effort for The Parental Coach, not an obligation of result. The Parental Coach is obliged to fulfill its obligation in such a way as may be expected of the client by standards of care and workmanship at that time.
5.2 The Parental Coach advises the client to put tips and advice into practice, to ask questions and study literature provided. The support provided depends on the process, the coaching question and desire of the client. This will be discussed together during the intake.
5.3 The client is responsible for a good working internet connection at the time of the online 1:1 sessions and during the online programs. Breakdowns and missed information cannot be claimed on The Parental Coach.
ARTICLE 6. FEES, COSTS AND PRICES
6.1 The Parental Coach's quotation always clearly states the rates and costs which will be charged by The Parental Coach for the activities named therein.
6.2 The prices in quotations, assignments and other publications are exempt from VAT.
ARTICLE 7. INVOICING AND TERMS OF PAYMENT
7.1 The Parental Coach's fees will always be charged to the client by The Parental Coach by means of a written or digital invoice. At The Parental Coach's discretion, the entire amount of the assignment or part thereof may be invoiced on an advance basis.
7.2 Payment by the client must always be made within 14 days of the invoice date, unless otherwise stated in the quotation or on the invoice.
7.3 Brief telephone consultations and email contact are included in the service. For matters requiring more time, The Parental Coach will suggest a new appointment.
7.4 If payment is not made, the assignment may be unilaterally suspended by The Parental Coach, without The Parental Coach being liable for compensation towards the client. Furthermore, in this case The Parental Coach will be entitled to unilaterally dissolve the agreement.
7.5 If the client is in default with respect to payment to The Parental Coach, or if the client fails in some other way to fulfill one or more of her obligations, all costs (collection and other judicial or extrajudicial) to be incurred by The Parental Coach in connection therewith will be for the client's account.
7.6 In the case of agreed periodic payments payment is required before the due date on the (partial) invoice. If client is in default regarding payment of the partial invoice, The Parental Coach is entitled to claim the full amount.
7.7 Payment in parts can only take place after agreement with and confirmation by The Parental Coach. If partial payments are not made on time, The Parental Coach is entitled to claim legal interest for businesses on the amount paid late.
7.8 For appointments outside a 15 kilometer radius, The Parental Coach will charge a mileage fee.
ARTICLE 8. CANCELLATION CONDITIONS
8.1 In the case of coaching or individual counseling:
If the assignment, for reasons not attributable to The Parental Coach, is not taken by the client at the agreed time then the following cancellation conditions apply:
- Failure to appear without cancellation at appointment (online or live): 100% of the fee will be charged
- Cancellation in writing within 24 hours prior (0-1 day): 50% of the fee will be charged
- Cancellation in writing at least 1 day prior: no fee will be charged.
8.2 For courses, workshops and groups:
-Up to four weeks in advance, client can cancel free of charge.
-Not appearing at workshop, course or group without cancellation: 100% of the fee will be charged.
-When cancelling between four and two weeks in advance: 50% of the fee will be charged.
-If cancelled within two weeks: full fee will be charged. It is possible to discuss the option for someone else to participate or to transfer to another course, workshop or group.
8.3 After canceling an appointment, both the client and The Parental Coach will make every reasonable effort to reschedule within one month.
ARTICLE 9. DURATION AND CLOSURE OF THE ASSIGNMENT
9.1 The duration of the assignment depends on the type of service and is agreed upon in advance as much as possible in the assignment confirmation. If possible, the assignment confirmation will include an estimate of the duration of the assignment and the number of sessions to be held.
9.2 Once the duration of the assignment has expired, no claims can be made for parts of the assignment that have not been used, such as coaching hours and teaching materials in any form whatsoever.
9.3 The Parental Coach reserves the right to discontinue a program if the client has been unreachable for 3 months or more or has exceeded the maximum coaching period as set prior to the program. Despite all sessions not being completed, the trajectory will be completed. The client will be informed of this by email in advance and at the time the deadline has expired.
ARTICLE 10. INTERIM TERMINATION OF THE ASSIGNMENT
10.1 Both parties may unilaterally terminate the agreement if one of them is of the opinion that the execution of the assignment can no longer take place in accordance with the confirmed quotation and any subsequent additional assignment specifications. The other party must be informed of this in a motivated, written and timely manner.
10.2 If the client terminates the assignment prematurely for reasons other than negligence on the part of the client, The Parental Coach is nevertheless entitled to payment of the full, agreed-upon quoted price, including reimbursement of any costs incurred. Consequently, if payment has already been made no refund will be made.
10.3 The Parental Coach may make use of its authority to terminate early only as a result of facts and circumstances beyond its control or which cannot be attributed to it and as a result of which completion of the assignment cannot reasonably be required. In such a case The Parental Coach retains the right to payment for her work up to the moment of termination.
ARTICLE 11. LIABILITY
11.1 Under no circumstances will The Parental Coach be liable for any (direct or indirect) damage incurred to the client as a result of and/or during the use of items and/or services provided by and/or on behalf of The Parental Coach.
11.2 In addition, The Parental Coach can never be held liable for the quality or outcome of the services it provides. Choices and decisions the client makes for him/herself and/or his/her child(ren) are always his/her own responsibility. The results achieved depend on the client's own efforts and thus own responsibility. The Parental Coach gives no guarantee on this. The client may expect an obligation of effort from The Parental Coach (see also article 5).
ARTICLE 12. INTELLECTUAL PROPERTY / COPYRIGHT
12.1 Models, techniques, instruments and teaching materials developed and/or used by The Parental Coach for the execution of the assignment are and will remain the property of The Parental Coach.
12.2 The material on The Parental Coach's website may not be re(used) or modified without permission.
12.3 In the context of qualitative improvement, The Parental Coach reserves the right to make interim changes to its (online) content.
ARTICLE 13. CONFIDENTIALITY
13.1 The Parental Coach is bound to confidentiality of everything which has come to its attention concerning its client. The Parental Coach complies with the Personal Data Protection Act and will use the client's details exclusively for the processing and administrative handling of the assignment. Unless there are compelling legal reasons for doing so, the client's data will not be provided to third parties.
13.2 If, however, there are signs that indicate that the safety of the client and/or that of his/her child(ren) is at risk, then The Parental Coach will be obliged to identify these signs, and to discuss them in accordance with the 'Reporting code for domestic violence and child abuse' with a colleague and/or Safe House and then with the client himself/herself. After this The Parental Coach will consider whether reporting this is necessary and/or what assistance is required. This is a legal obligation.
ARTICLE 14. SPECIAL TERMS
14.1 The Parental Coach reserves the right to exclude from participation participants of a workshop or course who by their behavior or otherwise disrupt or impede the workshop/course. Exclusion will be communicated to the client in writing with reasons and will not affect the client's obligation to pay The Parental Coach the full amount of the training or service.
14.2 All matters/provisions not provided for in these General Terms and Conditions are governed by Dutch law.
ARTICLE 15. COMPLAINTS PROCEDURE
15.1 In the unlikely event that there are grounds for a complaint or conflict, The Parental Coach will attempt to resolve the matter together with the client. If this is unsuccessful, the authorized Dutch court will rule.
These Terms and Conditions were last updated on August 28th, 2023.