Article 1. Applicability
1.1 These Terms and Conditions apply to all offers, quotations and agreements for the supply of services and / or products by Ingrid Edith van Lith trading under the names “RMRKBL”, “ONPR Academy” or “Ingrid van Lith”, registered with the Chamber of Commerce under number 70979499 located in Waddinxveen the Netherlands hereinafter referred to as “Ingrid van Lith”
1.2 Deviations from these conditions can only be made in writing and then only apply with regard to the specific agreement to which the deviations relate. The applicability of the Other Party’s General Terms and Conditions is hereby expressly rejected, unless these have been accepted in writing by Ingrid van Lith.
1.3 If one or more provisions in these general terms and conditions are at any time wholly or partially void or should be destroyed, then the other provisions in these general terms and conditions remain fully applicable. Ingrid van Lith and the Client will then enter into consultations in order to agree new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.
1.4 If a situation arises between the parties that is not regulated in these general terms and conditions or if there is a lack of clarity regarding the interpretation of one or more provisions, action must be taken “in the spirit” of these provisions.
1.5 If Ingrid van Lith does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Ingrid van Lith would lose the right to otherwise strictly comply with the provisions of these conditions. require conditions.
Article 2. Offers / quotations
2.1 All offers / quotations are valid for 30 days, unless stated otherwise on the offer. All offers are based on the information provided by Ingrid van Lith during the preparatory interviews, which Ingrid van Lith considers to be correct.
2.2 Ingrid van Lith cannot be held to its offers if the Client can reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.
2.3 If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, Ingrid van Lith is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Ingrid van Lith indicates otherwise.
2.4 A composite quotation does not oblige Ingrid van Lith to perform part of the assignment at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.
2.5 If the Client takes an option on a date / dates, whether or not after receiving an offer, this option will remain in force for a maximum of one month, after which it will expire. If the Client wishes to convert the option into a final agreement, he must notify Ingrid van Lith by e-mail within one month of taking the option.
Article 3. Prices
3.1 All prices stated by Ingrid van Lith are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless stated otherwise. The total amount and the amounts to be settled by the Client include 21% VAT and any other government levies.
3.2 Ingrid van Lith is at all times entitled to increase the fee or the price without the Client in that case being entitled to terminate the agreement for that reason, if the increase arises from a power or obligation under laws or regulations. whether it is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable when the agreement was entered into.
Article 4. Engaging third parties
4.1 The contractor has the right to have certain work performed by third parties.
4.2 If Ingrid van Lith wishes to involve third parties in the execution of the assignment, she will in principle only proceed to do so with the Client’s consent.
Article 5. Execution of the assignment
5.1 If a period has been agreed or specified for the execution of certain activities or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Client must therefore give Ingrid van LithL notice of default in writing. Ingrid van Lith should be offered a reasonable period to still execute the agreement.
5.2 Ingrid van Lith will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the current state of science.
5.3 The applicability of Article 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code is expressly excluded.
5.4 If work is carried out by Ingrid van Lith or third parties engaged by Ingrid van Lith in the context of the assignment at the location of the Client or a location designated by the Client, the Client will provide the facilities reasonably desired free of charge. In this context, costs to be incurred by the Client, internally and / or by engaging third parties, are for its account.
5.5 The Client will ensure that all information, which Ingrid van Lith indicates is necessary or which the Client should reasonably understand to be necessary for the execution of the agreement, is provided to Ingrid van Lith in good time. If the information required for the execution of the agreement has not been provided to Ingrid van Lith in time, Ingrid van Lith has the right to suspend the execution of the agreement and / or the additional costs resulting from the delay in accordance with the then usual rates to the Client. to charge. The execution period does not start until after the Client has made the data available to Ingrid van Lith. Ingrid van Lith is not liable for damage of any kind, because Ingrid van Lith has assumed incorrect and / or incomplete information provided by the Client.
5.6 If during the execution of the agreement it appears that for a proper implementation it is necessary to change or supplement it, then the parties will adjust the agreement in time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Client, of the competent authorities, etc., is changed and the agreement is thereby changed in qualitative and / or quantitative terms, this may have consequences for what was originally agreed. This means that the originally agreed amount can also be increased or decreased. Ingrid van Lith will quote a price in advance as much as possible. By an amendment of the agreement, the originally specified term of execution can also be changed. The client accepts the possibility of changing the agreement, including the change in price and term of execution.
5.7 If the agreement is changed, including a supplement, Ingrid van Lith is entitled to execute it only after the Client has given its approval for this and has agreed to the price and other conditions stated for the execution, including the the time to be determined at that time. Not or not immediately executing the amended agreement does not constitute a breach of contract by Ingrid van Lith and is no reason for the Client to terminate or cancel the agreement.
5.8 Without failing to do so, Ingrid van Lith can refuse a request to change the agreement, if this could have qualitative and / or quantitative consequences, for example for the work to be performed or the goods to be delivered in that context.
5.9 If the Client fails to properly comply with what he is obliged to Ingrid van Lith, then the Client is liable for all damage on the part of Ingrid van Lith caused directly or indirectly.
Article 6. Suspension, dissolution and premature termination of the agreement
6.1 Ingrid van Lith is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, if the Client does not, not fully or timely fulfill the obligations under the agreement, Ingrid van Lith has come to the knowledge of the circumstances after the conclusion of the agreement. give grounds for fearing that the Client will not fulfill the obligations if the Client was requested to conclude the agreement to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient or if the delay on the side the Client can no longer be required from Ingrid van Lith to fulfill the agreement under the originally agreed conditions.
6.2 Furthermore, Ingrid van Lith is authorized to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that Ingrid cannot reasonably maintain the agreement unaltered. can be required from Lith.
6.3 If the agreement is dissolved, the claims of Ingrid van Lith on the Client are immediately due and payable. If Ingrid van Lith suspends fulfillment of the obligations, she will retain her rights under the law and the agreement.
6.4 If Ingrid van Lith proceeds to suspension or dissolution, she is in no way obliged to compensate damage and costs in any way.
6.5 If the dissolution is attributable to the Client, Ingrid van Lith is entitled to compensation of the damage, including the costs, thereby arising directly and indirectly.
6.6 If the Client fails to fulfill his obligations arising from the agreement and this non-fulfillment justifies termination, Ingrid van Lith is entitled to dissolve the agreement immediately and with immediate effect without any obligation on his part to pay any compensation or compensation, while the Client, is obliged to pay compensation or compensation for non-performance.
6.7 If the agreement is terminated prematurely by Ingrid van Lith, Ingrid van Lith will arrange for the transfer of work still to be performed to third parties in consultation with the Client. This unless the cancellation is attributable to the Client. If the transfer of the work involves additional costs for Ingrid van Lith, these will be charged to the Client. The client is obliged to pay these costs within the aforementioned period, unless Ingrid van Lith indicates otherwise.
6.8 In case of liquidation, (application for) suspension of payments or bankruptcy, seizure – if and insofar as the attachment has not been lifted within three months – at the expense of the Client, of debt rescheduling or any other circumstance as a result of which the Client no longer freely Ingrid van Lith is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, the claims of Ingrid van Lith on the Client are immediately due and payable.
6.9 If the Client cancels a placed order in whole or in part, the work that was carried out and the goods ordered or prepared for it, plus any delivery and delivery costs thereof and the working time reserved for the execution of the agreement, will be fully Client will be charged, except insofar as stipulated otherwise in Article 10 of these conditions.
6.10 If Ingrid van Lith cannot fulfill due to circumstances that were not known to her when the agreement was concluded, she has the right to change the agreement in such a way that it can be executed.
6.11 Ingrid van Lith has the right to suspend the fulfillment of her obligations if, due to changes in the circumstances that were not reasonably expected at the time of the conclusion of the agreement and which were beyond her control, she is temporarily unable to fulfill obligations.
6.12 If Ingrid van Lith has culpably failed to comply with the agreement, this will not result in a refund of the agreed price and / or compensation for damage, but Ingrid van Lith will make reasonable efforts to still perform properly. Ingrid van Lith will not charge any costs for this.
Article 7. Force majeure
7.1 Ingrid van Lith is not obliged to comply with any obligation to the Client if she is hindered to do so as a result of a circumstance that is not due to fault, and is not at her expense under the law, a legal act or traffic-related opinions. coming.
7.2 Force majeure in these general terms and conditions means, in addition to what is understood in this respect by law and case law, all external causes, foreseen or unforeseen, over which Ingrid van Lith has no influence, but as a result of which Ingrid van Lith is unable to fulfill its obligations. Strikes in the company of Ingrid van Lith or of third parties, illness of the employee of Ingrid van Lith, who is charged with the execution of the assignment, and insufficient registrations for services based on “open registration”. Ingrid van Lith also has the right to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after Ingrid van Lith should have fulfilled her obligation.
7.3 Ingrid van Lith can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other party.
7.4 Insofar as Ingrid van Lith has partially fulfilled her obligations under the agreement or will be able to fulfill them at the time of the occurrence of force majeure, and independent value is attributed to the part that has been fulfilled or to be fulfilled, Ingrid van Lith is entitled to have it already fulfilled. invoice the part to be fulfilled separately. The client is obliged to pay this invoice as if it were a separate agreement.
7.5 In case of force majeure, Ingrid van Lith will use reasonable efforts to provide the Client with an alternative solution if desired.
Article 8. Liability
8.1 If Ingrid van Lith is liable, her liability is limited to what is arranged in this provision.
8.2 Ingrid van Lith is not liable for damage, of whatever nature, caused by Ingrid van Lith assuming incorrect and / or incomplete information provided by or on behalf of the Client.
8.3 If Ingrid van Lith is liable for any damage, then Ingrid van Lith’s liability is limited to a maximum of the invoice value of the assignment, at least to that part of the assignment to which the liability relates.
8.4 The liability of Ingrid van Lith is in any case always limited to the amount of the payment of her (professional) liability insurer, plus the deductible applicable to Ingrid van Lith, if applicable.
8.5 Ingrid van Lith is only liable for direct damage and excludes any liability for any other damage, by whatever name, including consequential, personal injury and business damage.
8.6 In particular, Ingrid van Lith excludes any liability for damage arising from or related to any unlawful act or omission or a failure to perform an obligation by a subordinate or independent assistant, who has been the execution of the work assigned by the Client is engaged, insofar as no rules of mandatory law dictate otherwise.
8.7 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence by Ingrid van Lith or her senior subordinates.
Article 9. Indemnification
9.1 Ingrid van Lith will never be further liable towards third parties for damage resulting from the execution of the agreement to which the present conditions apply, than which Ingrid van Lith is towards the Client.
9.2 The client indemnifies Ingrid van Lith against any further liability and will stipulate a corresponding indemnification for Ingrid van Lith in its agreements with third parties where possible.
9.3 Client fully indemnifies Ingrid van Lith with regard to claims for damages from third parties, based on violation of intellectual property rights, through the use of designs, images, drawings, models, software, quotations and the like, or caused by the application of working methods to Ingrid van Lith have been provided or prescribed by or on behalf of the Client for the execution of the agreement.
9.4 If Ingrid van Lith is addressed by third parties, the Client is obliged to assist Ingrid van Lith both in and out of court and to immediately do everything that may be expected of him in that case. Should the Client fail to take adequate measures, Ingrid van Lith is entitled, without notice of default, to do so itself. All costs and damage on the part of Ingrid van Lith and third parties that arise as a result, will be fully for the account and risk of the Client.
Article 10. Cancellation
10.1 The following cancellation provisions apply, unless the website states otherwise for any service or product or unless otherwise agreed in an agreement between the Client and Ingrid van Lith. Cancellation Live training, seminars, masterminds, events
10.2.1 The client owes the following costs in the event of cancellation of a live training, seminars, events: When canceling a live training, seminar, event
a. within 1 week before the start of the 1st training day, 100% of the invoice amount.
b. within 2 weeks before the start of the training day, 75% of the invoice amount.
c. within 3 weeks before the start of the training day, 25% of the invoice amount.
d. earlier than 4 weeks before the start of the training day, no costs.
10.2.2 Cancellation of an assignment must be made in writing or by e-mail. Cancellation is a fact if Ingrid van Lith has confirmed receipt of cancellation. The time of cancellation is the date of the postmark in case of cancellation by post or the date and time of receipt of the cancellation email.
Cancellation Open registration
10.3.1. “Open registration” refers to any form of guidance or support by Ingrid van Lith where individual Clients / Participants can register for information meetings, webinars, online masterminds or teleseminars.
10.3.2. Ingrid van Lith reserves the right to cancel it in the event of unforeseen circumstances or insufficient interest in an “open registration”, but will make proposals with regard to any alternative dates or possibilities. In case of cancellation by Ingrid van Lith, if no alternative options are used, the Client is entitled to a refund of the amount paid.
10.3.3 Ingrid van Lith has the right to refuse – with clear reasons – to participate from a Client, in which cases the Client is entitled to a refund of the full amount paid by him / her.
10.3.4 Cancellation by the Client in the case of an open registration can be made free of charge up to 2 weeks before the start of the service, unless stated otherwise on the website. In the event of cancellation within 2 weeks before the start of the first training or supervision day, the Client will owe the entire agreed price.
10.3.5 In all cases, after consultation with Ingrid van Lith, a replacement with the same training question may be sent.
10.3.6 Cancellation must only be effected by email confirmed by Ingrid van Lith. The date and time of receipt of this email by Ingrid van Lith applies as the moment of cancellation.
10.3.7 If the Client or his replacement does not appear on the first day of the training, this will be considered a cancellation. It is then no longer possible to follow the rest of the program and it is also no longer possible to send a replacement.
Cancellation one-on-one guidance by appointment, such as consultations or individual sessions.
10.4 In the event of an existing appointment for guidance or advice interviews or other one-on-one guidance, the Client has the right to make or cancel a new appointment free of charge up to 24 hours before the start. If the appointment is moved or canceled within 24 hours before the start, the Client will owe the entire agreed price for the canceled or moved session. Cancellation of long-term assignments
10.5 If the agreement concerns a long-term trajectory of several sessions that have come over in advance, the cancellation referred to in art. 10.3.4 and 10.3.6 included cancellation scheme for “Open Subscriptions”. Interim cancellation is in principle not possible. The agreed price remains payable, unless in Ingrid van Lith’s opinion there is reason to agree otherwise.
Article 11. Payment of invoices
11.1 The client must pay Ingrid van Lith’s invoices within 14 days of the invoice date, unless agreed otherwise. Ingrid van Lith is entitled to invoice periodically.
11.2 If the Client fails to pay an invoice on time, the Client will be in default by operation of law. The client then owes an interest of 2% per month. The interest on the claimable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.
11.3 The client is never entitled to set off the amount owed to Ingrid van Lith. Objections to the amount of an invoice do not suspend the payment obligation. A client who is not entitled to appeal to section 6.5.3 (Articles 231 to 247 of Book 6 of the Dutch Civil Code) is also not entitled to suspend the payment of an invoice for any other reason.
11.4 If the Client is in default, Ingrid van Lith reserves the right to suspend the work or cancel the assignment.
11.5 If the Client is in default with payment or with the fulfillment of any other obligation under an agreement, Ingrid van Lith is entitled to dissolve the agreement in whole or in part without judicial intervention, without prejudice to Ingrid van Lith’s right to claim damages.
11.6 After a reminder and late payment within the reminder period, consumers are obliged to pay collection costs to Ingrid van Lith in accordance with the Collection Costs Standardization Act (effective 1-7-2012). Contrary to the aforementioned law, non-consumers will owe 15% of the principal in collection costs without further notice if and as soon as they are in default, with a minimum of € 150.
11.7 Any judicial and execution costs incurred will also be recovered from the Client. The Client also owes interest on all costs owed.
Article 12. Online subscriptions, subscriptions or memberships
12.1 The subscriptions are personal in the name of the Client and are not transferable. A subscription consists of:
a. Program with an annual payment, with a term of at least one (1) year after the registration date and is renewed annually with prior notice;
b. Program with a monthly payment, with a term of one (1) month after the registration date and is automatically renewed monthly without prior notice.
12.2.a If the Client registers for a program with an annual payment, he agrees to the offer / amount that applies at the time of purchase and for the agreed term of 1 year. After the term of the subscription, Ingrid van Lith can change, increase and / or decrease the amount if she wishes. However, this will be announced by Ingrid van Lith a maximum of one month, but at least 14 days prior to the expiry of the term. If the Client does not cancel within a period of one (calendar) month before the expiration of the subscription, the subscription will be continued for a term of at least 12 months at the amount applicable at that time.
12.2.b If the Client signs up for a program with a monthly payment, he agrees to the offer / amount that applies at the time of purchase for an indefinite period, until the subscription is canceled by the Client or Ingrid van Lith. With registration for the program, the Client gives permission to Ingrid van Lith to automatically collect the agreed monthly amount owed from the Client’s stated payment or credit account. If the amount of the same subscription is changed, increased and / or reduced, this does not affect the current subscription of the Client in any way.
12.3 If the Client fails to pay the subscription on time, the Client will be in default by operation of law. The client then owes an interest of 2% per month. The interest on the claimable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.
12.4 The client is never entitled to set off the amount owed to Ingrid van Lith. Objections to the amount of an invoice do not suspend the payment obligation. A client who is not entitled to appeal to Section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
12.5 If the Client is in default, Ingrid van Lith reserves the right to cancel access to the online learning environment and the teaching materials.
12.6 If the Client is in default with payment or with the fulfillment of any other obligation under an agreement, Ingrid van Lith is entitled to dissolve that agreement in whole or in part without judicial intervention, without prejudice to Ingrid van Lith’s right to claim damages.
12.7 After a reminder and late payment within the reminder period, consumers are obliged to pay collection costs to Ingrid van Lith in accordance with the Collection Costs Standardization Act (effective 1-7-2012). Contrary to the aforementioned law, non-consumers will owe 15% of the principal in collection costs without further notice if and as soon as they are in default, with a minimum of € 150.
12.8 Any judicial and execution costs incurred will also be recovered from the Client. The Client also owes interest on all costs owed.
30-Day guarantee and cancellation of online subscriptions, subscriptions or memberships
12.9 Ingrid van Lith uses a 30-day money-back guarantee on all online subscriptions, subscriptions or memberships. If the Client wishes to make use of this guarantee, he must send an email to Ingrid van Lith at email@example.com, stating: 30-day money back guarantee.
12.9.a In the event of written cancellation of annual subscriptions within 30 days of the registration date, the Client will receive his full investment back. The Client immediately loses access to the online learning environment and the teaching materials if the annual program is canceled / canceled within 30 days. In case of cancellation after 30 days after the registration date, the Client owes the fully agreed amount and the Client retains access to the online learning environment and the teaching materials for the remaining 12 months after the registration date. After this period, the Client loses access to the online learning environment and the teaching materials without prior notice. Example: you register on 10 January. If you cancel before February 9, you will receive a full refund. But if you cancel on February 11, you are not entitled to a return of the amount paid by you. Your subscription and access will then expire on January 9, 12 months later.
12.9.b In the event of written cancellation of monthly subscriptions within 30 days of the registration date, the Client will receive his full investment back. The Client immediately loses access to the online learning environment and the teaching materials within 30 days of cancellation / cancellation of the monthly subscription. In case of cancellation after 30 days after the registration date, the Client owes the fully agreed amount of that month and the Client retains access to the online learning environment and the teaching materials for the remaining paid period after the registration date. After this period, the Client loses access to the online learning environment and the teaching materials without prior notice. Example: you register on 10 January. If you cancel before February 9, you will receive a full refund. However, if you cancel on February 11, you will not be entitled to a refund of the amount of the previous month and you will also owe the amount of the new monthly period. Your subscription and access will expire on March 9.
Article 13. Intellectual property
13.1 The Client is prohibited, without written permission from Ingrid van Lith, to dispose of, display or otherwise use the designs, documentation, information, step-by-step plans, software, offers, etc. (hereinafter: documents) provided by Ingrid van Lith. to give. The Client is permitted to multiply these documents for its own use insofar as the assignment reasonably entails.
13.2 Unless otherwise agreed, copyrights and all other intellectual property rights to these documents remain with Ingrid van Lith.
Article 14. Confidentiality and Privacy
14.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
14.2 The personal data that Ingrid van Lith reaches via the site will be treated carefully and confidentially. Data is used only for the stated purpose. Ingrid van Lith adheres to the applicable privacy legislation, in particular the Personal Data Protection Act. See also our Privacy Statement.
Article 15. Applicable law and competent court
15.2 Disputes arising from or related to an offer, an offer and / or an agreement with Ingrid van Lith will be settled by the competent court in the district of Ingrid van Lith’s place of business, except insofar as the law prescribes otherwise. Nevertheless, Ingrid van Lith has the right to submit the dispute to a court that has jurisdiction according to the law.
15.3 Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
***** Update 18.04.2020 *****