Article 1 Definitions
1. Your Mindset Academy, established in Amsterdam, Chamber of Commerce number 72360070, is referred to in these general terms and conditions as a service provider. www.selmaa.com is the website for Your Mindset Academy and By Wild Heart
2. The other party is referred to as a customer in these general terms and conditions.
3. The agreement means the agreement of the assignment on the basis of which the service provider carries out work for the customer against payment of a fee and costs, and whereby the general terms and conditions have been declared applicable.
Article 2 Applicability of general terms and conditions
1. These terms and conditions apply to all offers, invoices, activities, agreements, delivery of services and goods and invoices by or on behalf of the service provider to which it has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from in writing.
2. The conditions also apply to actions of third parties engaged by the service provider in the context of the assignment.
3. The most recently sent version of these general terms and conditions always applies.
4. The applicability of the customer’s general terms and conditions is expressly rejected.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable.
Article 3 Quotations
1. If no acceptance period is stated in the offer, the offer will expire after 14 calendar days.
2. The service provider cannot be held to its quotation if the customer could reasonably understand that the quotation, or a part thereof, contains an obvious mistake or error.
3. Quotations do not automatically apply to follow-up orders.
Article 4 Rates and payments
1. The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. The quotation states the package price of the chosen service including VAT or the number of estimated hours required with the usual hourly rate of the service provider. Any other additional costs, such as travel expenses, are included.
3. If no fixed price has been agreed, the rate can be determined on the basis of hours actually spent. An estimate of the number of hours required will be given on the quote. This estimate is based on experience with similar projects. No rights can be derived from this estimate. If it appears that more effort is required, this will be made known to the customer in good time. The final invoiced amount is calculated according to the usual hourly rates of the service provider on the basis of hours actually used.
4. With acceptance of the quotation, the obligation to pay arises, even if the entire process or the entire course is not completed. The Service Provider is entitled to request a down payment. Services that take place on the basis of an hourly rate are invoiced monthly in arrears. The Service Provider is entitled to suspend the work until the (next) payment has been made.
5. The rates agreed when entering into the agreement are based on the price level applied at that time. The Service Provider has the right to adjust the fees annually. It also has the right to adjust the fees at any time, if changed circumstances require this. Adjusted rates will be communicated to the customer as soon as possible.
6. If necessary, the customer will receive an extra invoice for costs that have not yet been invoiced for additional work caused by changed wishes or circumstances. Additional work will be communicated to the customer in a timely manner, will only be carried out after proper consultation and will be calculated on the basis of the usual hourly rate of the service provider.
7. Invoices must be paid within 10 working days after the invoice date, unless the parties have made other agreements about this in writing or a different payment term is stated on the invoice.
8. If the customer fails to pay an invoice on time, it will be in default by operation of law and will owe statutory interest. The interest on the due and payable amount will be calculated from the moment the customer is in default until the moment of payment of the full amount due.
9. If the customer is in default or fails to fulfil his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the customer.
10. In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, the claims of the service provider are immediately due and payable.
Article 5 Customer information
1. The Client shall make all information relevant to the performance of the assignment available to the service provider in a timely manner.
2. The Customer guarantees the correctness, completeness and reliability of the information made available, even if it originates from third parties. The Service Provider will treat the data confidentially.
3. The customer indemnifies the service provider against any damage resulting from failure to comply with the provisions of this article.
4. If the customer does not make the requested information available or does not make it in time and the execution of the assignment is delayed as a result, the resulting additional costs will be borne by the customer.
Article 6 Execution of the agreement
1. The Service Provider carries out the assignment to the best of its knowledge and ability. It is not liable for failure to achieve the result intended by the customer.
2. Because some services of the service provider are provided online, it cannot guarantee that its services are available at any time at any location.
Article 7 Amendment of the agreement
1. If during the execution of the assignment it appears that it is necessary to change or supplement the work to be performed, the parties will adjust the agreement in good time and in consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion may be influenced. The Service Provider will inform the Customer of this as soon as possible.
3. Cancellation of an agreement by the customer is only possible in writing. Cancellation within 48 hours before the start of the work results in the obligation to pay 50% of the quoted amount.
4. A separate consultancy meeting can be moved free of charge up to 24 hours before the start; if moved or canceled within 24 hours, or if the session is absent, the session will be canceled and will be charged as such.
5. It is not possible to exchange and/or return purchased digital products, including an online course. By ordering and paying for the digital products, the customer gains access to his purchase. The customer expressly agrees that he hereby waives the right to make use of the cooling-off period and the right to revoke the agreement. In principle, a coaching program is taken for 2, 3, 4 or 6 months and is not automatically extended afterwards. If the customer proceeds to premature termination for reasons other than force majeure or negligence on the part of the service provider, the service provider is nevertheless entitled to payment of the full, agreed contract price, including reimbursement of the costs incurred and any costs still to be incurred. Therefore, if payment has already been made, no refund will be made.
6. The Service Provider reserves the right to make changes to the dates and location of a workshop. In case the location or data is changed by the service provider, the customer has the right to cancel within 72 hours after notification of the change or to register free of charge for a workshop at a later time. Any refund of the amount already paid by the customer will take place within 10 working days after the change.
7. When the customer is unexpectedly unable to attend a workshop, the following cancellation conditions apply: the customer can cancel his purchase free of charge up to 48 hours before the start. Within 48 hours before the start, the customer is entitled to transfer the proof of purchase to another person, as long as this other person meets the same participation conditions and the new data is passed on to the service provider.
8. Contrary to what is stated in the previous paragraph of this article, different conditions of an event platform such as “Eventbrite” may apply to the purchase of tickets for a workshop.
Article 8 Online course
1. Registration for an online course only takes place via the appropriate registration page. 2. The customer is obliged to pay the participation costs after registration.
3. After receipt of payment, the customer receives written confirmation of registration, after which registration is final.
4. The duration of an online course varies per course and is stated in the course description.
5. If the customer cancels the agreement to follow an online course after the start or payment of this course, no refund will be made.
6. The Service Provider reserves the right at any time to change or discontinue part or all of the functionality of one or more parts of online programs for a certain period of time or forever. This will be communicated to the customer at all times.
7. In the event of a change as referred to in the previous paragraph of this article, for whatever reason, the customer is only entitled to a pro rata refund of the amount already paid to the service provider.
Article 9 Force majeure
1. In the event of force majeure, the service provider is entitled to interrupt, move or cancel its activities. Force majeure is, among other things, if the execution of the agreement, temporarily or otherwise, is prevented by circumstances that the service provider cannot reasonably influence, such as illness, accidents or fire.
2. If a situation as described in the first paragraph of this article occurs, the obligations of the service provider towards the customer will be suspended as long as the service provider cannot fulfil its obligations. If this situation has lasted longer than 30 calendar days, both parties have the right to dissolve the agreement in writing.
Article 10 Liability damage
1. The Service Provider is not liable for damage resulting from this agreement, unless the damage was caused intentionally or with gross negligence.
2. The service provider is not liable for damage caused by relying on incorrect or incomplete data provided by or on behalf of the customer.
3. Customer is ultimately responsible for checking the quality of the work performed.
4. The Customer remains responsible at all times for the application or implementation of knowledge or actions as gained during a process, workshop or online course.
5. In the event that the service provider owes compensation to the customer, the damage will not exceed the amount paid out by the liability insurance or charged by the service provider to the customer.
6. The customer indemnifies the service provider against all third-party claims related to the services and products it supplies.
Article 11 Intellectual property
1. The intellectual property rights to the materials and advice made available to the customer by the service provider are vested in the service provider. The customer is expressly not permitted to reproduce, publish or make available to third parties the material and documentation provided without prior permission.
2. Any act contrary to the provisions of this article is regarded as copyright infringement.
3. In the event of infringement, the service provider will be entitled to compensation amounting to at least three times its usual license fee for such a form of use, without losing any right to compensation for other damage suffered.
4. When image recordings are made by the customer during a workshop, this must be made known to the service provider at all times and it is expressly prohibited to use these recordings for purposes other than personal use. If other participants appear in this footage, their permission is also required.
5. The Service Provider grants the customer a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use the online course for personal purposes.
6. Upon termination of the online program, the customer’s right to log in expires. The information and services provided during the term of the agreement remain the property of the service provider. It is the responsibility of the customer to store the material.
Article 12 Special provisions
1. Both parties are bound to secrecy with regard to all confidential information they have obtained in the context of their agreement. Customer is referred to the privacy statement for more information.
2. During the online course, customers can communicate with each other, for example by posting comments in the closed group on Facebook. The customer declares not to send spam or otherwise unwanted messages. Acting in violation of these conditions may result in immediate denial of access and use of the services of the service provider.
3. The service provider is at all times free to remove communication or other parts of the shared information without further notice, if the content of this communication and information justifies its removal.
4. The service provider reserves the right to exclude customers whose behavior hinders or complicates the course of a workshop from further participation in the relevant workshop or future workshops. Exclusion does not affect the obligation to pay the costs for the relevant workshop.
Article 13 Complaints
1. The customer is obliged to make complaints about offers, invoices and/or the services and products provided as soon as possible, but no later than 7 calendar days after the complaint arose, in writing and with reasons, to the service provider. It aims to handle complaints within 48 hours.
Article 14 Dispute Resolution
1. Dutch law applies to these general terms and conditions.
2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
3. All disputes will be settled by the competent court in the district in which the service provider is located.
4. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the service provider and third parties involved is 12 months.
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