085-3031493
1. Definitions
In these General Terms and Conditions, the following capitalized terms shall have the meanings set forth below.
Terms and Conditions
these general terms and conditions Team Heartbeats B.V.;
Team Heartbeats B.V.
training agency that provides customized training on behalf of clients. Team Heartbeats B.V. is a limited liability company with its registered office in Vinkeveen, registered as such with the Chamber of Commerce under number 81124678;
Complaints
all grievances of Client with regard to the execution of the Assignment by Team Heartbeats B.V. and/or the invoice amount;
Client
The organization or person who provides Team Heartbeats B.V. with an Assignment or who contacts Team Heartbeats B.V. for this purpose;
Assignment
Client's assignment to Team Heartbeats B.V. to conduct a Training;
Force majeure
the impossibility for Team Heartbeats B.V. to fulfill the agreed obligations as a result of a circumstance beyond the control of Team Heartbeats B.V., including but not limited to unexpected cancellation of the training location or too few participants or illness or prevention of a trainer for which no suitable replacement can be arranged.
Party
Client and/or Team Heartbeats B.V.;
Reimbursement
the compensation owed by the Client to Team Heartbeats B.V. for the Assignment;
Training
Providing training, workshops, peer review, coaching and/or expertise and leadership promotion in the broadest sense.
2. Applicability
2.1 These Terms and Conditions apply to all offers and agreements related to Trainings offered by Team Heartbeats B.V., as well as to all other legal relationships between Team Heartbeats B.V. and Customer.
2.2 Not only Team Heartbeats B.V. but also every natural person, legal person and their legal successors connected or formerly connected with Team Heartbeats B.V. and/or third parties hired by Team Heartbeats B.V. can appeal to these General Terms and Conditions.
2.3 Applicability of general terms and conditions used by the Customer is expressly rejected by Team Heartbeats B.V..
2.4 Team Heartbeats B.V. has the right to unilaterally modify these General Terms and Conditions. Amendments will be announced in writing to the Customer and will take effect immediately after announcement.
2.5 Deviations and/or additions to these General Terms and Conditions shall only be valid if expressly agreed in writing. If these General Terms and Conditions are deviated from in writing, the remaining provisions shall retain their validity.
3. Quotation & Assignment
3.1 Following a request from Customer to provide a Training, Team Heartbeats B.V. sends a quotation to Customer with a validity of 1 month, unless the quotation states otherwise. The agreement between Team Heartbeats B.V. and Customer is concluded by both Parties signing the offer.
3.2 Customer should timely provide Team Heartbeats B.V. with all the information it needs to prepare this quotation.
3.3 All amounts mentioned in the offer and order confirmation are exclusive of VAT, travel and accommodation expenses, communication costs and other levies imposed by the government. unless stated otherwise.
3.4 Every Assignment is deemed to be given exclusively to Team Heartbeats B.V. and not to a specific person connected to Team Heartbeats B.V.. Assignments are carried out by or on behalf of Team Heartbeats B.V..
3.5 Customer is always obliged to timely provide all cooperation, data and information necessary or useful for the execution of the Assignment by Team Heartbeats B.V.. 3.6 Customer is solely responsible for the correctness of the data provided by him to Team Heartbeats B.V. and Team Heartbeats B.V. assumes that the data provided by Customer are legitimate and accepts no liability for the contrary.
3.7 Team Heartbeats B.V. has the right to have certain activities of the Assignment performed by third parties.
4. Cancellation
4.1 Cancellation of the Training by the Client is possible without any consequences up to 30 calendar days before the set (start) date. In the event of cancellation between 30 calendar days and up to 8 calendar days prior to commencement, 50% of the Fee will be charged; in the event of cancellation as of 7 calendar days prior to commencement, 100% of the Fee will be charged.
4.2 If the Training cannot take place on the determined date due to Force Majeure on the side of Team Heartbeats B.V., Team Heartbeats B.V. has the right to set a new (starting) date in mutual agreement with the Customer. All other agreements remain in force, but if Team Heartbeats B.V. is confronted with extra costs due to the date change these will be charged in the Fee. If no new
(start) date can be determined, Team Heartbeats B.V. has the right to cancel the Training with a refund of the Fee minus any costs already made by Team Heartbeats B.V.. Team Heartbeats B.V. can in no way be held liable for any damages and costs involved in the date change and/or cancellation of the Training.
4.3 If Team Heartbeats B.V. has already partially fulfilled its obligations when Force Majeure occurs, or can only partially fulfill its obligations, Team Heartbeats B.V. is entitled to invoice that part separately and Customer is obliged to pay this invoice as if it were a separate contract.
5. Remuneration & Payment
5.1 For executing the Order Customer owes Team Heartbeats B.V. the Remuneration as agreed upon in the offer.
5.2 Team Heartbeats B.V. sends Customer an invoice for the concerning Training. Customer is obliged to pay this invoice within 14 calendar days after the invoice date, without suspension or settlement due to (assumed) shortcomings by Team
Heartbeats B.V., unless explicitly agreed otherwise in writing.
5.3 In case of untimely payment the Customer is in default without any further summons or notice of default being required. From the moment of default until the moment of full payment, the Client shall owe the statutory interest per month on the amount due, whereby a part of the month shall count as a full month.
5.4 In case of overdue payment, Customer owes Team Heartbeats B.V. all extrajudicial (collection) costs, which costs in that case, in deviation of article 6:96 subsection 4 of the Dutch Civil Code and in deviation of the Decree on compensation for extrajudicial collection costs, will be fixed at an amount equal to 15% of the total outstanding principal amount, with a minimum of € 75,00 for each invoice left partially or entirely unpaid. The actual extrajudicial costs incurred are due, if they are higher than follows from the above calculation.
5.5 Team Heartbeats B.V. is authorized to suspend all work for the Customer as long as full payment of the indebtedness has not been received. Team Heartbeats B.V. is not liable for damages resulting from suspension of work.
5.6 Team Heartbeats B.V. is at all times entitled to require advance payment or some other form of security from the Customer.
6. Intellectual property rights
6.1 The intellectual property of the Training and possible accompanying training materials rests with Team Heartbeats B.V.. Customer is only allowed to multiply or spread the training materials for his own use after having received permission from Team Heartbeats B.V. and under clear source indication.
7. Liability
7.1 Team Heartbeats B.V. will execute the Training to the best of its knowledge and ability.
7.2 In case the Training is given by a third party on behalf of Team Heartbeats B.V., Team Heartbeats B.V. only accepts liability towards this third party for the acts or omissions of this third party during the Training itself, subject to the stipulations in this article regarding limitation of liability of Team Heartbeats B.V..V.
7.3 Team Heartbeats B.V. is not responsible and/or cannot be held liable, directly or indirectly, for any damage or loss suffered by Customer, unless this damage is the result of intent or gross negligence of Team Heartbeats B.V..
7.4 Should Team Heartbeats B.V. be liable, this liability of Team Heartbeats B.V. towards Customer and third parties is always limited to the amount paid out under the liability insurance of Team Heartbeats B.V. in the respective case.
7.5 If, for whatever reason, no payment takes place under the aforementioned insurance, any liability is limited to a maximum of the amount (excluding VAT) payable by the Customer to Team Heartbeats B.V. for the Assignment in question, but with a maximum of €5.000,-.
7.6 Liability of Team Heartbeats B.V. for indirect damage or consequential damage, such as lost sales or profit, missed savings or reputation damage is excluded.
7.7 Claims for damages expire one year after the day Customer became aware of the damage and Team Heartbeats B.V.'s liability for it.
7.8 Customer indemnifies Team Heartbeats B.V. against all claims of third parties concerning damage of any kind, arising through or in connection with the performance of the Assignment.
8. Complaints
8.1 Customer is required to notify Team Heartbeats B.V. of Complaints in writing within 14 (fourteen) days of the invoice date. Complaints can be asserted by Customer by sending them in writing, substantiated and signed to Team Heartbeats B.V. info@teamheartbeats.nl.
8.2 Filing a Complaint cannot lead to suspension of the payment obligation of the Customer to Team Heartbeats B.V..
8.3 If the Customer has not filed the Complaint within the set term, all his rights and claims for whatever reason, with regard to what he has filed a Complaint about or could have filed a Complaint about within that term, will lapse.
9. Secrecy and Confidentiality
9.1 Both the Client and Team Heartbeats B.V. are obliged to keep confidential all information which they have obtained from each other or from other sources in the framework of the Assignment. Both the Customer and Team Heartbeats B.V. shall oblige their staff, third parties engaged by them and their external advisors to observe these confidentiality stipulations.
9.2 Team Heartbeats B.V. treats all personal, company or work-related data provided by the Customer or participants as confidential.
9.3 The (personal) data provided to Team Heartbeats B.V. will be treated, processed and stored in accordance with the applicable laws and regulations. How Team Heartbeats B.V. processes the personal data is mentioned on the privacy statement of Team Heartbeats B.V. on its Website. Client gives explicit permission to Team Heartbeats B.V. to process the personal data provided to Team Heartbeats B.V. in connection with the execution of the Assignment.
10. Applicable law and competent court
14.1 Dutch law is exclusively applicable to the legal relationship between Team Heartbeats B.V. and Customer and to all resulting contractual and non-contractual rights and obligations.
14.2 All disputes between Customer and Team Heartbeats B.V. will be submitted to the competent court in Amsterdam.
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