Terms & Conditions

– Definitions –

Contractor/Coach
This is the natural or legal person who provides Services in the field of coaching, training and related activities offered under these terms and conditions. In this case the Contractor and Coach involves the same person (both natural and legal), therefore Contractor/Coach will be further referred to as Coach.
Coach is an MMS Certified Coach.

Client
The natural or legal person who provides the contract for Coach for the provision of services in the field of coaching, training or related activities.

Coachee
The natural person who participates in a program in the field of coaching, training or related activities.

Diensten
All activities that have been agreed on, or are arising from or are directly related to, in the broadest sense.

Agreement
Any agreement between Client and Coach to the provision of Services by Coach for Coachee.

MMS
The MMS Worldwide Institute, BV is certified by NOBCO, the Dutch Association of Professional Coaches and the European Mentoring & Coaching Council (EMCC), with a European Quality Award (EQA).

Disclaimer
Both coaching in general, as the method of MMS Worldwide Institute, are no therapy. Coach will ask open and probing questions, which will help to clarify goals and objectives. From a coachee is expected that he/she:

  • on person and professional level, knows what is good for him/her and is able to decide what he/she wants or not wants, based on their own assessments.
  • is responsible for the choices he/she makes and therefore his/her behavior can be addressed. Advice given by Coach are only suggestions from which no rights can be derived.
  • is dedicated to himself/herself and is responsible for the progress of the process and the achievement of the goals that were set.

– Coaching –

1 on 1 coaching

  • possible via Skype, telephone and in person.
  • all sessions in person take place in Utrecht, The Netherlands.
  • one can apply for a single session, but also for a series of sessions. From at least 4 up to 15 sessions on one topic.
  • there is always a free introductory meeting.
  • a session lasts 1 hour and costs € 99, – (including VAT). A series of sessions always come with a reduction of about 10%. If employer pays for Coachee’s coaching process, then a different hourly rate is applied.
  • a single session is subsequently invoiced by email and can be paid by bank transfer.
  • a series of sessions must be paid in advance. On request a payment in installments can be agreed on. If canceled before the start of a series or at any dissatisfaction after the first session, there will be a refund for the remaining sessions. Also € 50,- will be restrained for administration purposes.
  • Client/Coachee must in writing (e-mail or mail) cancel or terminate a contract or a process.
  • Coachee as well as Coach may terminate a coaching program. A conversation about the reasons for termination will follow, so Coach and Coachee can part in a clear and dignified way.
  • an appointment canceled within 24 hours notice, will still be charged for the the full amount.
  • if Coachee does not attend an appointment (Skype, phone, personal) without warning, the full amount for the appointment will be charged.

e-Coaching

  • e-Coaching is offered in 4 ways:
  1. Weekly package (5 consecutive days, 3 emails per day) (€ 495,- incl. VAT for individuals)
  2. Monthly subscription A(1 email per week, 4 per month) (€ 99,- incl. VAT for individuals)
  3. Monthly subscription B(3 email per week, 12 per month) (€ 297,- incl. VAT for individuals)
  4. Monthly subscription C(7 email per week, 28 per month) (€ 695,- incl. VAT for individuals)

If employer pays for Coachee’s e-Coaching, then there are different prices.

  • Both weekly package as the monthly subscriptions must be paid in advance. On request a payment in installments can be agreed on. If canceled before the start or at any dissatisfaction after the first official e-mail, there will be a refund for the remaining package or subscription. Also € 50,- will be restrained for administration purposes.
  • Client/Coachee must in writing (e-mail or mail) cancel or terminate a package or subscription.
  • The monthly subscriptions have a 2 weeks notice.
  • Coachee as well as Coach may terminate an e-Coaching program. A conversation about the reasons for termination will follow, so Coach and Coachee can part in a clear and dignified way.
  • The Coachee is responsible for the use of the subscription.
    • All email exchanges must take place within the specified 5 days, when a week package is chosen.
    • For the month of subscriptions that Up to three ‘unused’ emails per month can be pushed to the next month, when a montly subscription is chosen.
  • Via a separate email address, the Coach emails from a secure environment with Coachee. Coachee is responsible for the security of his/her own emailing program. Coach is not liable for any damage caused by viruses, etc. on Coachee’s computer.

Biographical Journey

  • possible via Skype, telephone and in person.
  • all sessions in person take place at Tweede Westerparklaan 132 in Utrecht, The Netherlands.
  • includes 7 sessions
  • there always will be free introductory meeting, in which the method of the process is discussed.
  • a session lasts 1 hour
  • if chosen for the ‘increased pressure’ version, then the 7 sessions are strategically spread over 5 days.
  • The investment amounts to € 740,- incl. VAT for individuals. If the employer pays for Coachee’s biographical Journey, then a different hourly rate is applied.
  • the journey must be paid in advance. On request a payment in installments can be agreed on. If canceled before the start of the journey or at any dissatisfaction after the first session, there will be a refund for the remaining sessions. Also € 50,- will be restrained for administration purposes.
  • Client/Coachee must in writing (e-mail or mail) cancel or terminate a contract or a process.
  • Coachee as well as Coach may terminate a coaching program. A conversation about the reasons for termination will follow, so Coach and Coachee can part in a clear and dignified way.
  • an appointment canceled within 24 hours notice, will still be charged for the the full amount.
  • the 24-hour cancellation clause only applies when a payment is done in installments. An appointment canceled within 24 hours notice, will still be charged for the the full amount.
  • if Coachee does not attend an appointment (Skype, phone, personal) without warning, the full amount for the appointment will be charged. This only applies when a payment is done in installments.

Temporary reduction

  • In the temporary reductions, a product is temporarily offered for a lower price, provided that action is taken before a specified date mentioned on the website.
  • On the specified date self, which is mentioned on the website, the reduction for the product is removed. The product will then have it’s regular price again.
  • The use of the product (session, e-coaching, biographical journey) can also be stated after the specified date mentioned on the website. But scheduling and payment of the product should be done before the specified date mentioned on the website.

Euros (€) versus USDs ($)

  • The actual price of a product is based on the daily rate of the Euro.

Force Majeure

  • Disease and illness are force majeure. As a sole proprietorship Coach can not meet her obligations, when she is ill or sick. Because this is a situation of force majeure, any damage suffered Coach can not be held responsible for that.
  • Any damage suffered as a result of technical failures in the utilities (telephone, internet, electricity), whom Coach receives services from, can not be recovered from Coach. Because these failures relate to a situation of force majeure.
  • Any damage suffered due to technical failures by thunderstorms, other severe weather conditions or breakdown of equipment can not be recovered from Coach. Because these failures relate to a situation of force majeure.

– Articles –

Article 1: Applicability of these terms & conditions

  1. These terms & conditions apply to all offers and agreements which are offered or provided by Coach in the course of her professional services.
  2. These terms and conditions also apply to any Agreement for the achievement by third parties involved by Coach.
  3. Deviations from these terms & conditions are only valid if and insofar as they are agreed in writing between Client and Coach.
  4. Any other kind of terms & conditions of Client shall not apply unless expressly accepted in writing by Coach.
  5. If one or more provisions of these terms and conditions are invalid or void, the remaining provisions of these terms in full force. Coach and client then engage in dialogue to agree on entering a new provision to replace the invalid provision, as much as possible in accordance with the purpose and intent of the original provision.
  6. These terms and conditions also apply to additional and further instructions from Client.

Article 2: Applicable codes and regulations

  1. Coach performs the Services in accordance with the MMS Code of Ethics and considers itself bound by the Complaints Rules of the MMS Institute.
  2. The applicable rules of conduct and complaints can be found on the website of the MMS Institute.

Article 3: Offers and conclusion of the Agreement

  1. All quotations made by Coach are free and are valid for 30 days, unless otherwise indicated. Coach is only bound to an offer if the acceptance by Client is confirmed to Coach within the prescribed period and without reservation or modification.
  2. The prices in the offers are exclusive of VAT unless otherwise stated.
  3. The Agreement is concluded by accepting the offer by Client as specified in the last sentence of paragraph 1. Client and Coach have an Agreement if Coach confirms in writing an appointment made between Client and Coach and Client does not contest in writing the correctness thereof within ten working days, or – if it is shorter – before starting work.

Article 4: Implementation of the Agreement

  1. Any agreement leads to a commitment for Coach, whereby Coach is held to her obligations to do the best, with the necessary care and the necessary skills, according to the standards and guidelines of the MMS as applicable at the time of execution of the Agreement.
  2. In all cases where Coach thinks it’s useful or necessary, she is entitled – in consultation with Client – to let certain work be performed by third parties or to be assisted by third parties.
  3. Client shall ensure that all data, which are indicated by Coach to be necessary for the performance of the contract, are properly, fully and timely provided to Coach. If for the execution of the contract the necessary data have not been provided to Coach in time, Coach has the right to suspend implementation of the Agreement and/or charge Client the additional costs resulting from the delay according to the usual rates.
  4. If for the completion of certain activities by Coach a term is agreed, then this is not a deadline, unless otherwise expressly agreed. Exceeding the agreed term therefore does not lead to culpable failure of Coach. Client can therefore not terminate the Agreement and therefore has no right to compensation. Client can, in case of excess of the agreed term, set a new, reasonable time though within which Coach must carry out the agreement.Exceeding this new term by Coach, can be a reason for Client for dissolution of the Agreement.
  5. When Coach has agreed to cooperate with a third party to fulfill a contract or a part of that, Client will, in consultation with all parties involbed define everyone’s job. Coach assumes no liability or responsibility for the execution of the task and the associated work of the third party.

Article 5: Confidentiality

  1. Coach is, subject to any obligation which the law or a competent government imposes on her to disclose certain information, not required to disclose to third parties any confidential information she has received in the context of Client Agreement or obtained from another source. Information is confidential if Client has indicated so or when it arises from the nature of the information. Coach shall ensure that this obligation is imposed on any employees or third parties engaged by her.
  2. Interviews, sessions and other contacts in any form between Coach and Coachee, are reported as strictly confidential. Coach will not present to anyone, not even to Client, any statement about the content and course of these contacts, unless the Coachee’s express consent.

Article 6: Intellectual property

  1. Coach is the rightful owner of the intellectual property rights relating to the – in the context of the Agreement – to Client and/or Coachee provided or – in the context of this Agreement – used products, including but not limited to tests, readers, reports, models, training materials and computer programs.
  2. Client and/or coachee is/are allowed without express written permission of Coach do not use these products, which Coach is having right in respect of intellectual property rights other than for this assignment.
  3. Coach is entitled to use by the execution of the work acquired knowledge for other purposes, provided that no confidential information to third parties is established and or traced to individual Clients or Coachees.

Article 7: Fees and charges

  1. Unless expressly agreed otherwise, the Coach’s fee is a predetermined fixed amount per Agreement or delivered by Service and/or can be calculated based on rates per unit of time worked by the Coach.
  2. All fees are exclusive of government taxes such as sales tax (VAT) and excluding travel and other expenses made on behalf of Client, including but not limited to claims of third parties.
  3. Coach may request Client a reasonable advance payment in connection with fees that are due or will be and/or expenses made incurred for Client. Coach has, when she has required a reasonable advance payment, the right to suspend the implementation of the work until Client has paid the advance to Coach.
  4. Coach reserves the right, in consultation with the Client to adjust agreed annual fees because of modification of the general price index and because of government-imposed measures.

Article 8: Payment

  1. For products where no payment in advance is required, payment must be made within 14 days after the invoice date, in a manner to be specified by Coach. Payment shall be made without deduction, setoff or suspension for any reason whatsoever.
  2. After the expiry of 14 days after the invoice date, the Client is in default. The Client is From the moment of default, Client has to pay Coach the amount due interest at a rate equal to the statutory rate.
  3. In case of multiple Clients, each Client is liable towards Coach for payment of the total invoice amount in case the work have been done for all of these clients.
  4. Payments made by Client settle in the first place all interest and costs, and secondly the invoices which are open the longest, even if the Client states that the payment relates to a later invoice.

Article 9: Collection Costs

  1. If Coach has collection measures against Client, who is in default, the costs related to that recovery are at the expense of Client, which costs shall be made at least 15% of the outstanding invoices.
  2. These costs include the costs of possibly switching to collection agencies, bailiffs and/or lawyers.

Article 10: Liability

  1. Coach is against Client and/or Coachee only liable for damages resulting from a serious shortcoming in the implementation of the Agreement. This is the case if the coach does not take care that required expertise is followed to observe the implementation of the Agreement.
  2. If Coach would be liable for Client or Coachee articulated damages, her liability is limited to the amount, that in such case, shall be paid under the Coach professional liability insurance or other liability, plus the Client applicable deductible, with the total of these amounts is limited to the maximum amount of insurance. A copy of the policy in terms of the professional liability insurance will be sent by Coach when requested.
  3. If, for whatever reason, no insurance occurs, the liability of Coach against Client and/or Coachee limited to the fee of the contract which the liability relates, with a maximum of € 5.000, -.
  4. Coach is not obliged to pay compensation for indirect damage suffered by Client or Coachee, including but not limited to consequential damages, lost profits and damages resulting from business interruption.
  5. Coach will, with the involvement of third parties that are not active in its organization (such as consultants, experts or service providers) handle business with care. Coach is not liable for serious deficiencies against Client or Coachee or for any errors or shortcomings of these third parties. In such case, Client will require third parties engaged liable themselves and recover any damage to these third parties.
  6. Coach is not liable for Client’s or Coachee’s damages of any kind, if Coach for the execution of her task is assumed by Client provided false and/or incomplete information, unless such inaccuracy or incompleteness was clearly stated to Coach or should be.
  7. Coach or by her engaged coaches or others, charged with assisting coachees, will have no means, methods, techniques or instructions given or in use of arise situations that limit or impair the ability of Coachee in observing, analyzing and assess for the Coachee threatening injuries, in any form whatsoever. If Coachee would increase any injuries, the Coach or the by her engaged coaches or others, is in no way liable.
  8. Client will indemnify Coach against all claims (including claims and claims) from third party (ies) with the implementation of the Agreement between Client and Coach related, unless it relates to claims resulting from severe shortcomings of Coach.
  9. If Client and/or Coachee file any claim against Coach not within 1 year after the discovery of the damage in court ruling, then after the end of the year, this action will expire.

Article 11: Cancellation Policy

  1. Cancellation by Client has te be made in writing (by e-mail or mail
  2. If training and related work within 5 working days before the commencement of the relevant activities is canceled by Client, Client must pay 100% of the costs of the canceled hours of the agreed sum and if canceled longer than within 5 working days, than Client must pay 50% of the costs of the canceled hours of the agreed sum.
  3. If canceled by Client of coaching and other counseling trajectories within 24 hours before the activity starts, Client must pay 100% of the costs of the canceled hours or of the agreed sum.
  4. If canceled by Client of coaching and other counseling trajectories between 24 and 48 hours before start of operations, 50% of the costs must be paid.
  5. If canceled by Client of coaching and other counseling trajectories more than 48 hours prior to these activities, 25% of the costs must be paid.
  6. Client must pay 100% of the total agreed amount, if he, even without canceling, does not use the agreed services of Coach.

Article 12: Termination of Agreement

  1. Coach is entitled to terminate the Agreement with immediate effect and without judicial intervention, by means of a registered written notification to Client, if Client fails to pay the invoice sent by Coach, within 14 days after written notice.
  2. Coach is entitled to terminate the Agreement with immediate effect and without judicial intervention by a registered written notification to Client, if any obligation arising under this Agreement within 14 days after written notice of breach not properly yet met.
  3. Both Client and Coach may terminate the Agreement with immediate effect by registered letter if the other is suspended or finds himself in declared bankruptcy.

Article 13: Dispute

  1. All Agreements and legal transactions between Client and Coach are done under Dutch law.
  2. If Client and/or Coachee and Coach have a dispute arising from this agreement, they are bound to attempt to resolve the dispute through consultation and if that fails, by use of mediation.
  3. If mediation is also not a solution to the dispute, the competent judicial authority where Coach is established, is competent to take cognizance of the dispute.
Article 14: Changes to Terms and Conditions
  1. Coach reserves the right to change the Terms and Conditions at any time, provided that the current Clients and/or Coachees are informed, so they can end the agreement, if they don’t agree with the changes. For visitors it is sufficient to change the website to take effect.




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