GENERAL TERMS & CONDITIONS

I. RULES OF CONDUCT

OAKTREE ME (OTM) considers themselves bound by the following rules of conduct:

• We refrain from anything that could harm the dignity of the profession of coach/trainer/consultant;

• We consider ourselves obliged to maintain confidentiality of all confidential information of the client that comes to our attention;

• We only perform those activities for which we can bear responsibility for expert and proper execution;

• We will not accept or continue an assignment if an independent and objective judgment is jeopardized by a personal relationship with the client;

• We will make every effort to achieve the intended desired results, without guaranteeing this result.

• We will do our utmost to ensure that the client's interests are always our primary concern.

• OTM or at other organizations to persons employed by the client ; without full transparency or client buy-in.

• Our fee is determined on the basis of the labor, materials, facilities and production costs for the assignments spent or to be spent on the assignment.

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II. TERMS AND CONDITIONS

Article 1: Applicability of these conditions

1. All written quotations/proposals are made subject to the declaration that these general terms and conditions are applicable, both to the quotation/proposal and its acceptance, and to the agreement thus concluded.

2. The client's general terms and conditions only apply if it has been expressly agreed in writing that they will apply to the agreement between the parties to the exclusion of our terms and conditions.

Article 2: Quotations/proposals, offers, agreement

1. All quotations/proposals and offers are without obligation unless they contain a term for acceptance. If a quotation/proposal contains an offer without obligation, OTM has the right to revoke the offer within two working days after receipt of acceptance.

2. In the case of composite quotations, OTM is not obliged to implement part of the price stated for the entire agreement.

3. If reservations or changes are made to the quotation/proposal in the acceptance, the agreement will only be concluded, notwithstanding the provisions of Article 2.1, if we have informed the client of these deviations from the quotation. to vote.

4. If the order is not completed after the requested quotation, the costs can only be charged if this has been agreed. For additional and extra work for which no price has been agreed, the price to be paid will be calculated on the basis of subsequent calculation.

5. The education agreement comes into effect 14 days after signing, which means that there is a cooling-off period of 14 days after signing the agreement during which cancellation can be made free of charge . The reflection period expires once the first learning moment has taken place.

6. The agreement is entered into for the duration of the training, unless the nature of the agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.

Article 3: Prices and price changes

1. All prices quoted are exclusive of sales tax (VAT) and other levies imposed by the Government.

2. OTM is entitled to increase the price and its rates agreed at the time if there is reason to do so due to an increase in the costs of services, tools and materials required for the execution of the agreement.

Article 4: Term of execution of the agreement

1. Specified periods will never be regarded as deadlines, unless expressly agreed otherwise.

2. If the agreed work is not carried out on time, OTM must therefore be given notice of default in writing.

Article 5: Payment conditions

1. Agreements (Growth and improvement processes, company training, personal coaching, guidance, advice, auditing, etc.) require the coach/trainer/consultant to make a large investment in preparation time and costs before the start of the training. Payment must therefore be made upon receipt of the invoice on the OTM bank account within 30 days.

2. If the client fails to pay an invoice on time, the client is legally in default. The client then owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment that the client is in default until the moment of payment of the full amount due.

3. Travel costs and the use of coaching and training aids (PinPoint boards/video camera/monitor/telephone set, etc.) of the coach/trainer are always included in the budget and are not charged separately. The trainer's accommodation costs at the training location and standard aids such as a flipchart, overhead projector, etc. are borne by the client and are paid by the client to the location holder at the same time as the participant costs.

4 . The claim for payment of the agreed price is immediately due and payable when the client is declared bankrupt, applies for a suspension of payments, an application for his under guardianship has been submitted, any seizure of goods or claims of the client is made, the client dies. or, if it is a general partnership, a private limited company or a public limited company, it goes into liquidation, is dissolved or acquires another partner.

5. If the client is behind on any payment - even if this is as a result of another agreement - then all amounts to be paid by him to OTM and OTM up to the full amount become immediately due and payable, regardless of the status of the assignments and OTM can immediately claim payment thereof.

6. In that case, the execution of any assignment issued by that client can be suspended until payment has been made within a period to be set by OTM , which has become due and payable in the case of Article 5.6. If payment has not been made within that period, OTM is entitled to cancel all orders from that client, without prejudice to all rights to compensation as determined under "cancellations" in article 7.

7. A granted deferment of payment can be withdrawn by OTM at any time.

8. A payment is considered received as soon as the amount in question has been credited to the indicated account.

9. A payment made by the client will firstly be used to settle all interest and costs owed and subsequently to pay any invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.

10. For orders that require a longer processing time and/or for which a long execution period has been agreed, payment in installments may be required, for which the amounts and periods must be agreed in writing in advance.

11. All costs, both extrajudicial and judicial, including the costs for lawyers, bailiffs and collection agencies, relating to the collection of the amount owed by the client and the amount not paid on time, are at the expense of the client. They are fixed at a minimum of 15% of the amount involved and will amount to at least € 135.

Article 6: Right of retention

1. We are entitled to retain the client's goods until payment of all costs that we have spent in carrying out orders from the same client, unless the client has provided adequate security for those costs.

2. We also have the right of retention if the client becomes bankrupt.

Article 7: Cancellations, postponement or postponement

1. If the client cancels, postpones or postpones the given assignment in whole or in part, he is obliged to pay OTM the agreed price in full if the cancellation, postponement or postponement takes place within three weeks before the start of the assignment, and an assignment concerns a period of one week or less than one week.

2. If the cancellation, postponement or postponement takes place earlier, the client is obliged to pay half of the agreed price.

3. For the Transformational Executive Coach Training, if participation is canceled within 4 weeks before the start of the training, the participant owes 50% of the total registration fee. In case of cancellation within 1 week before the start of the training, the participant owes the total amount of the training. If OTM cancels the Transformational Executive Coach Training due to too few participants (less than 6 ) or illness of the trainer, the participant can choose to transfer payment to the next training or the participant will receive the total amount back within 14 working days after cancellation .

4. In general, reimbursement of funds in appropriate cases will take place within 14 working days in accordance with the provisions of these general terms and conditions and unless otherwise agreed.

    

 

Article 8: Location/accommodation and subsistence costs

1. OTM can reserve hotel and conference accommodations for the client. This is always done on behalf of the client and all correspondence and invoices are sent directly to the client's address.

2. Any "no show" costs will also be borne by the client.

Article 9: Force majeure

1. The period for carrying out the work referred to in these conditions will be extended by the period during which we are prevented from meeting our obligations due to a non-attributable shortcoming - hereinafter referred to as force majeure.

2. Force majeure on our part exists if, after concluding the purchase agreement, we are prevented from fulfilling our obligations under this agreement or from the preparation thereof as a result of war, threat of war, civil war, riot, molestation, fire, water damage, flooding, strikes, company occupation, exclusion, import and export restrictions, government measures, machinery defects, disruptions in the supply of energy, everything both in our office and from third parties from whom we must obtain the necessary materials in whole or in part and furthermore by all other causes arise outside our fault or sphere of risk.

3. If the execution of the work is delayed by more than three months due to force majeure, both we and the client are entitled to consider the agreement as terminated. In that case, we are only entitled to reimbursement of the costs we incur.

4. If force majeure occurs while the agreement has already been partially executed, the client has the authority to terminate the agreement, as well as the obligation to pay for the part of the work already completed, if force majeure delays the remaining work by more than 3 months. work to pay the related part of the purchase price.

5. Both the client and OTM can terminate the agreement with immediate effect by means of a registered letter if the other party is in a suspension of payments or has been declared bankrupt.

Article 10: Liability

1. OTM cannot accept liability for damage to the client and/or participants if we are forced to cancel a coaching/training due to force majeure, which also includes illness of (one of) the coaches/trainer(s).

2. OTM therefore reserve the right to reserve a new date for the execution of the assignment, within a period of three months after the canceled coaching/training.

3. Our liability under the agreement with the client is limited to an amount that is proportionate to the agreed price according to standards of reasonableness and fairness.

4. We are not liable for damage in the form of loss of turnover or reduced goodwill in the client's company or profession.

5. If we are held liable by a third party for any damage for which we are not liable under the agreement with the client or these terms of delivery, the client will fully indemnify us in this regard and reimburse us for everything we have to pay to this third party.

Article 11: Copyright

1. The client is permitted to freely reproduce or copy all reports, reference texts, forms and the like provided by OTM, provided that it mentions the source and/or maintains the OTM logo.

2. The client is expressly not permitted to apply all information, exercises and tools made available for his own use in his own company for the benefit of his own clients.

Article 12: Applicable law and disputes

1. The agreements between OTM and the client are exclusively governed by Dutch law.

2. All disputes between parties will, if the Court has jurisdiction, be settled by the Court of the district in which OTM is located. However, we remain authorized to summon the client before the competent court according to the law or the applicable international treaty.

Article 13: Confidentiality and data processing

 

1. Both parties are obliged to maintain confidentiality of everything discussed during or in the context of the coaching sessions, training courses or consultancy assignments.
 

2. In the event of imminent danger to both the client and society, the contractor reserves the right to break confidentiality and will inform the competent and appropriate authorities.
 

3. If, on the basis of a legal provision or a court decision, the contractor is obliged to provide confidential information to third parties designated by the law or the competent court and the contractor cannot rely on a legally recognized or recognized court or permitted right of non-disclosure, the contractor is not obliged to pay compensation or compensation.

 

4. In the context of data processing, OTM only use the information, reports and other personal data of the contractor for the purpose for which it is made available.

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