General Terms and Conditions of Divine Heart
Article 1. Definitions
1. In these general terms and conditions, the following definitions shall apply:
– Services: all products and services provided by the Contractor to the Client, including coaching, training and other forms of guidance, or consultancy, as well as all other work of any kind performed for the Client, carried out in the context of an assignment, including work not performed at the Client’s express request.
– client: the person, company or body commissioning the services and/or, if applicable, the person participating in a coaching, training or related services counseling program.
– contractor: Divine Heart, a trade name of Union, Chamber of Commerce No: 85070572, which uses these general terms and conditions for offering services.
Article 2. Applicability of these general conditions
1. These general terms and conditions apply to all offers and agreements whereby the contractor offers or provides services. Deviations from these terms and conditions are valid only if expressly agreed in writing.
2. Not only the contractor but also all persons or companies involved in the execution of any order for the client may invoke these general terms and conditions.
3. These general conditions also apply to additional assignments and follow-up assignments from the client.
4. Any purchase or other general terms and conditions of the client shall not apply unless expressly accepted by the contractor in writing.
5. If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place “in the spirit” of these provisions.
6. If a situation arises between the parties that is not regulated in these general terms and conditions, then this situation should be judged according to the spirit of these general terms and conditions.
7. If one or more provisions of these general terms and conditions are null and void or may be annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect. The Client and the Contractor will then consult to agree on a new provision to replace the void or voided provision, as much as possible in accordance with the purpose and intent of the original provision.
Article 3. Quotes
1. Quotes made by the contractor are without obligation; they are valid for 30 days from their date, unless otherwise indicated. Contractor is only bound by an offer if its acceptance is confirmed in writing by the client within 30 days without reservation or modification, including written confirmation of acceptance of these general terms and conditions.
2. The prices in the quotations mentioned are exclusive of VAT, unless otherwise indicated.
3. Quotes are based on the information provided by the client to the contractor. Contractor may assume the accuracy of this and will base his offer on it.
4. The agreement is established by acceptance of the offer by the client as referred to in the last sentence of article 3 paragraph 1. Furthermore, the agreement is established when the contractor confirms in writing an agreement made between the client and the contractor or when the contractor commences the work assigned by the client through the order confirmation.
Article 4. Execution of the agreement
1. A binding agreement in accordance with Article 3 implies an obligation of effort for the contractor and explicitly no obligation of result. The Contractor is obliged to perform the Agreement to the best of his knowledge and ability in accordance with the requirements of good workmanship.
2. If and to the extent required for the proper execution of the agreement, the contractor shall have the right to have certain work performed by third parties.
3. The contractor reserves the right to have work performed by third parties if the consultant, trainer or coach envisioned in the agreement is unavailable due to unforeseen circumstances.
4. The client shall ensure that all data, which the contractor indicates are necessary or which the client should reasonably understand are necessary for the execution of the agreement, shall be provided to the contractor in a timely manner. If the data required for the execution of the agreement are not provided to the contractor in time, the contractor shall be entitled to suspend the execution of the agreement and to reasonably charge the client for the additional costs resulting from the delay.
5. The Contractor shall not be liable for damages of any kind due to the fact that the Contractor has relied on incorrect and/or incomplete data provided by the Client.
Article 5. Contract duration and termination
1. The agreement ends when the performance has been delivered and both parties have fulfilled all obligations arising from the agreement.
Article 6. Modification of the agreement
1. If during the performance of the agreement it appears that for a proper
performance is necessary to modify or supplement the work to be performed, the parties shall adjust the agreement accordingly in a timely manner and by mutual agreement;
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of performance may be affected. The contractor will notify the client as soon as possible.
3. If amending or supplementing the agreement has financial and/or qualitative consequences, the contractor will inform the client in advance.
4. If a fixed fee has been agreed upon, the contractor will indicate the extent to which the amendment or supplement to the agreement will result in an overrun of this fee, after which the client will be required to pay the amended fee.
Article 7. Secrecy
1. The parties are obliged to keep confidential all confidential information obtained from each other in the context of their agreement. Information is considered confidential in advance if it has been communicated by the other party or results from the nature of the information.
Article 8. Intellectual property
1. To the extent that any copyright, trademark, design, trade name, or other intellectual property rights are vested in the services provided by the contractor in performance of the agreement, the contractor is and shall remain the holder or owner of such rights. The client may only use the material carriers of these rights for the purpose for which they were provided to the client, not multiply them and not change or remove copyright, trademark, model, trade name, and other designations.
2. The Contractor reserves the right to use the knowledge gained in the execution of the work for other purposes, to the extent that no confidential information is disclosed to third parties.
Article 9. Payment
1. Unless expressly agreed otherwise, the contractor’s fee shall consist of a predetermined fixed amount per performance or per service rendered and/or may be calculated on the basis of hourly or daily rates.
2. All fees are inclusive of government levies such as sales tax (V.A.T.) as well as exclusive of travel and other expenses incurred on behalf of the client, including but not limited to invoices for third parties engaged for the purpose of the agreement.
3. Unless otherwise agreed in writing, payment shall be made within 14 days of the invoice date, in a manner to be indicated by the contractor in the currency in which the invoice was raised. Payment shall be made without deduction, set-off or suspension on any account.
4. If the client has not paid the amounts due by the due date, the contractor shall be entitled to suspend all work to be performed for the client with immediate effect, without being liable to the client for damages in any way.
5. If the client has not paid the amounts due by the due date, he will be given a notice of default by the contractor and will be given another opportunity to pay the invoice within 14 days of the due date, failing which the contractor will be in default. In such case, the contractor shall be entitled to dissolve the agreement immediately, without any liability to the client. Client is then liable for damages suffered by Contractor.
6. In the event of default of payment, the client shall also owe default interest on the outstanding claims equal to the legal interest rate.
7. In case of liquidation, bankruptcy or suspension of payments of the client, the claims of the contractor towards the client will be immediately due and payable and in addition, the contractor will be entitled to immediately terminate the agreement with the client, without any liability towards the client.
8. Payments made by the client shall always serve to settle firstly all interest and costs due, secondly due invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
9. The Contractor shall be entitled to require payment (or equivalent security), such as but not limited to an advance payment to be made by the Client, before commencing its work.
10. In case there are multiple clients, each client shall be jointly and severally liable to the Contractor for payment of the total invoice amount in case the work was performed on behalf of all such clients.
Article 10. Collection costs
1. In case the client is in default, the contractor shall be entitled to collect its claim by judicial means. In that case, in addition to the principal and interest due, the client shall also be required to reimburse all judicial and extrajudicial costs reasonably incurred. This will always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if they exceed the litigation costs to be awarded in court. Compensation for judicial and extrajudicial costs incurred shall be at least 15% of the principal sum due.
Article 11. Liability
1. The contractor shall perform the agreement with the client to the best of his knowledge and ability on the basis of an obligation of effort and expressly not on the basis of an obligation of result.
2. The contractor can only be held financially liable by the client for the property damage and/or personal injury suffered by the client during a session, course, training, guidance or coaching program at a location provided by the contractor if this is attributable to an act or omission by the contractor. The Contractor shall never be liable for lost or damaged items if this is not attributable to the Contractor.
3. In the event the contractor can be held liable in accordance with Art. 11.2, then liability of the Contractor (including any employees, partners and persons with whom the Contractor has entered into a partnership), on account of an attributable failure in the performance of the Agreement, or wrongful act, or based on any other legal ground, shall be limited to compensating only the Client’s direct loss – expressly not including intangible loss and/or trading loss, including loss of profits – limited to the amount paid out by the Contractor’s professional liability insurer in this regard, plus its deductible under that insurance.
4. If, for whatever reason, there is no insurance payment, the Contractor’s liability to the Client shall be limited to the fee of the order to which the liability relates, and in the event that this does not stand up in court, the maximum liability of the Contractor shall be limited to an amount of 5,000.
5. The contractor shall never be liable to the client if the damage incurred is the result of an act or omission or carelessness on the part of the client or if the client fails to follow the contractor’s instructions.
Article 12. Cancellation/ termination of the agreement
1. The contractor has the right, without giving reasons, to cancel a session, course, training, guidance or coaching program or to refuse participation of a client or to refuse the participant designated by the client, in which cases the client is entitled to a refund of the full amount paid by the client to the contractor.
2. The client of a session, course, training, guidance or coaching program has the right to cancel participation in or the assignment for a session, course, training, guidance or coaching program in writing. It is the client’s responsibility to ascertain that the letter was actually received by the contractor.
3. Cancellation of the order by the client up to 3 days before the start of the session, course, training, guidance or coaching program, can be done free of charge except for a 20 euro cancellation fee, unless the contractor has had to incur costs for the order which he can no longer cancel free of charge. In such case, client is obliged to pay (part of) these costs.
In case of cancellation within 3 days before the start of the session, course, training, guidance or coaching program, 100% of the amount agreed upon with the assignment will be charged. Amounts up to and including 20 euros will not be returned.
4. In case the client or the participant designated by the client after the start of the session, course, training, guidance or coaching program terminates the participation prematurely or does not participate in it in any other way, the client is not entitled to any refund of unused parts of the session, course, training, guidance or coaching program, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
5. If either party materially fails to fulfill its obligations and after being expressly reminded of this by the other party, fails to fulfill this obligation within a reasonable period of time, the other party is authorized to terminate the agreement without the terminating party owing the failing party any compensation. Services rendered until termination shall be paid for in the agreed manner.
Article 13. Additional conditions and disclaimer regarding sessions, courses, training and guidance or coaching programs
1. By signing the registration form and/or paying the registration fee, the client agrees to these terms and conditions.
2. By agreement, payment may be made in installments.
3. Participation in a course or retreat is entirely at your own risk. The contractor shall not be liable for injury and/or damage of any kind resulting from the participant’s stay and/or activities, nor for loss or damage to property.
4. The activities as we offer them are intended as leisure activities and not to replace medically necessary treatment or therapy. Therefore, always discuss physical and/or psychological complaints with a qualified physician.
5. A session or workshop can never replace medical advice from a physician or medical professional. Consultations and/or workshops can be a valuable addition on the road to healing. Advice from the consultations and coaches are not meant to replace regular treatments.
6. The participant is requested to notify in advance if he/she is under treatment by a psychologist, psychiatrist or other therapist. Medication use should also be reported.
7. The Contractor advises you never to delay seeking professional medical care in a timely manner or never to disregard medical advice already obtained based on (online) information provided by the Contractor.
8. Any session, course, training or counseling or coaching program may require several hours to days or weeks to integrate. In doing so, keep in mind possible side effects in your body or in your mind. Effects such as, for example: muscle aches, itching, pimples, fatigue, cold, dejection, anger, disorientation, and/or an emotional processing process. If you have any questions about this or it keeps taking a long time, please feel free to contact us.
9. The information from the sessions and workshops is personal and will not be disclosed by the contractor to third parties. Unless in consultation with the client in his/her best interest.