Terms and conditions
Terms and Conditions
Article 1. Definitions
In these Terms and Conditions, the following definitions apply:
1.1 Service Provider: Esther Huijsmans, registered with the Dutch Chamber of Commerce under number 52961850.
1.2 Client: The natural person or legal entity entering into an agreement with the Service Provider for the provision of services.
1.3 Services: Coaching, training, speaking engagements, and personal development services offered by the Service Provider.
Article 2. Applicability
2.1 These Terms and Conditions apply to all agreements between the Service Provider and the Client.
2.2 They also apply to the actions of any third parties engaged by the Service Provider in the performance of the assignment.
2.3 Deviations from these Terms and Conditions are only valid if expressly agreed in writing.
2.4 The Service Provider reserves the right to amend or modify these Terms and Conditions in the future. New versions will take effect immediately upon being made publicly available via the Service Provider’s website.
2.5 Any general terms and conditions of the Client are expressly rejected.
2.6 If any provision of these Terms and Conditions is found to be wholly or partially void or invalid, the remaining provisions will remain fully in force.
Article 3. Offer and Formation of the Agreement
3.1 Unless stated otherwise, an offer is valid for 14 calendar days.
3.2 The Service Provider is not bound by any offer if the Client could reasonably have understood that the offer, or any part of it, contained an obvious mistake or clerical error.
3.3 Offers do not automatically apply to future assignments.
3.4 An assignment is deemed to be given when the Client:
- places an order via the Service Provider’s website or other (social media) channels; and/or
- signs and returns an agreement issued by the Service Provider; and/or
- gives written or email approval of a (digital) quotation or order confirmation. Acceptance of a quotation will also serve as an order confirmation.
3.5 The absence of a signed order confirmation, agreement, or quotation does not release the Client from obligations under these Terms and Conditions or the Service Provider’s quotation or order confirmation, once the agreed services have commenced.
3.6 The Service Provider reserves the right to refuse assignments without giving reasons.
Article 4. Changes to the Assignment
4.1 If the Client wishes to change the assignment or its execution during the term, the Service Provider will implement the requested changes where possible. Any resulting costs exceeding the original agreed amount will be charged as additional work, without requiring a separate written order. By requesting the change, the Client accepts these extra costs in advance.
Article 5. Duration and Completion of the Assignment
5.1 The duration of the assignment depends on the form of coaching or training and will, where possible, be agreed in advance in the order confirmation.
5.2 After the agreed term has ended, the Client can no longer claim unused parts of the assignment, such as remaining coaching hours or access to (digital) materials.
Article 6. Early Termination of the Assignment
6.1 Either party may terminate the agreement unilaterally if they believe the assignment can no longer be carried out as agreed. This decision must be substantiated, made in writing, and communicated in good time.
6.2 If the Client ends the agreement early for reasons other than negligence by the Service Provider, the Service Provider remains entitled to full payment of the agreed fee, including any costs incurred or still to be incurred. Payments already made are non-refundable.
6.3 The Service Provider may terminate the agreement early only if circumstances beyond its control make it unreasonable to expect completion. In such cases, the Service Provider is entitled to payment for work performed up to the termination date.
Article 7. Fees and Payment
7.1 The agreement is entered into for a fixed term unless otherwise stated or agreed in writing.
7.2 The quotation will clearly specify the applicable rates and costs for the described services.
7.3 The quotation will state either a fixed package price including VAT or an estimated number of hours at the Service Provider’s hourly rate. Additional costs, such as shipping, administration, or travel expenses, will be stated unless otherwise agreed.
7.4 Services will be invoiced digitally. The Service Provider may invoice the entire amount at once, in instalments, or request an advance payment.
7.5 Payment must be made by the due date stated on the invoice.
7.6 After the due date, the Client will be in default and owes statutory interest on the invoice amount without any formal notice being required. The Service Provider may suspend the assignment or terminate the agreement without liability.
7.7 For agreed periodic payments, each instalment must be paid before its due date. Non-payment of one instalment entitles the Service Provider to demand full payment of the total outstanding amount.
7.8 Payment in instalments is only possible with prior written approval from the Service Provider. Late instalments may incur statutory interest.
7.9 If the Client fails to meet payment obligations, the Service Provider may charge all collection and legal costs, with a minimum of 25% of the agreed fee.
Article 8. Client Obligations
8.1 The Client is responsible for ensuring the agreed number of participants actually take part in the service. Fewer participants does not reduce the agreed fee.
8.2 If a participant cannot attend due to unforeseen circumstances, their place may be transferred to another approved participant. If this is not possible, the full fee remains payable unless otherwise agreed.
8.3 The Client will provide all necessary information and documents for the assignment’s execution and, if requested, a suitable workspace with internet access at their location.
8.4 Engaging third parties in the assignment requires prior written consent from the Service Provider.
Article 9. Service Provider Obligations
9.1 The Service Provider will perform services to the best of their ability, but offers no guarantee of results, as the obligation is one of best efforts, not of outcome.
Article 10. Cancellation Policy
10.1 Coaching programmes are typically for 3 or 6 months and are not automatically renewed. Early termination by the Client does not entitle them to a refund.
10.2 Purchased digital products, including online courses, are non-refundable and non-exchangeable. By ordering and paying, the Client waives their right to a cooling-off period and withdrawal.
10.3 The Service Provider reserves the right to change workshop dates or locations. If this occurs, the Client may cancel within 72 hours or transfer to a later workshop. Any refunds will be processed within 10 working days.
10.4 If services are not used at the agreed time for reasons not attributable to the Service Provider, the following cancellation fees apply:
- Coaching session: Cancellation more than 48 hours in advance – no charge. Cancellation within 48 hours – session forfeited.
- Workshop/training/presentation (individual booking): Cancellation more than 30 days in advance – full refund; between 30–14 days – 50% refund; less than 14 days – no refund (transfer to another participant possible if they meet the requirements).
- Workshop/training/presentation (in-company): Cancellation more than 60 days in advance – no charge; between 60–30 days – 50% refund; less than 30 days – no refund.
Article 11. Liability
11.1 The Service Provider and its employees/partners are never liable for any (direct or indirect) damage suffered by the Client as a result of the services provided.
11.2 The Service Provider is not liable for the quality or outcome of its services (see also Article 9).
11.3 The Service Provider is not liable for any damage caused by force majeure, including illness or unavailability of the coach/trainer.
Article 12. Intellectual Property
12.1 All intellectual property rights to materials provided during sessions remain with the Service Provider, unless otherwise agreed.
12.2 All materials developed or used in carrying out the assignment remain the property of the Service Provider. Reports, notes, and feedback may only be used internally by the Client’s organisation and may not be disclosed without prior written consent.
Article 13. Confidentiality and Privacy
13.1 The Service Provider will treat all confidential information shared by the Client during sessions in strict confidence.
13.2 The Service Provider will process the Client’s personal data in accordance with applicable privacy laws. The Client agrees to this processing.
Article 14. Complaints
14.1 The Client must submit any complaints about quotations, invoices, or delivered services/products in writing within 48 hours of the complaint arising. The Service Provider aims to respond within 48 hours.
14.2 Filing a complaint does not suspend the Client’s payment obligation.
Article 15. Special Provisions
15.1 The Service Provider reserves the right to exclude participants from training/workshops if their behaviour disrupts the session. This does not release the Client from payment obligations.
15.2 The Service Provider may change the location of training or events at any time for valid reasons. Any resulting costs for participants cannot be recovered from the Service Provider.
Article 16. Governing Law and Disputes
16.1 All agreements between the Service Provider and the Client are governed by Dutch law.
16.2 Any disputes will be submitted to the competent court in the district where the Service Provider is based.