Article 1: Applicability
1.1 These General Terms and Conditions apply to all offers, agreements or offers relating to the coaching and training programs and to the execution of assignments from the client, carried out by Novum Sensus.
1.2 By providing an assignment, the client accepts these General Terms and Conditions.
Novum Sensus: located at the Voorschoterweg 68te (2235SH) Valkenburg.
client: the natural or legal person that the client provides or intends to provide Novum Sensus with the provision of services in the field of coaching, training intervention in the form of a program provided by Novum Sensus; if these services are offered to a employee, whereby the costs are borne by the employer, the employer is also referred to as the "client" for the applicability of these general terms and conditions.
participant: the natural person who actually participates in a Novum Sensus program.
agreement: the agreement that is concluded in the manner described in Article 5, and to which these general terms and conditions apply. program: program in the field of coaching, training and interventions offered by Novum Sensus and to which these general terms and conditions apply.
1.3 These general terms and conditions apply to agreements or quotations relating to the programs and any subsequent assignments for the client. Deviating provisions only apply when this intermediary and the contractor have agreed in writing. The applicability of general terms and conditions of the client is explicitly excluded.
1.4 If and insofar as any part or any provision of these general terms and conditions would be contrary to any provision of (inter) national regulations, this does not affect the validity of the other provisions of the general terms and conditions.
Article 2: Definitions In these General Terms and Conditions: a. Contractor: The provider / seller who uses these conditions. b. Client: The counterparty of the contractor. c. Novum Sensus-Training: A training from Novum Sensus. d. Coaching: A coach session organized by Novum Sensus. e. Novum Sensus-Assignment: An assignment to be carried out by the contractor, which in the broadest sense of the word.
Article 3: Subscriptions
3.1 An enrollment for a Novum Sensus Assignment is effected by the submission of a registration form issued by the Contractor or by the Client by telephone to Novum Sensus, who subsequently confirms this contract in writing. A registration is regarded as an invitation to make an offer.
Article 4: Offers
4.1 All offers are without obligation, unless the Contractor has explicitly stated otherwise. All offers are based on the information provided by the client with the registration, which the contractor considers to be correct.
Article 5: Establishment of the agreement
5.1 An agreement is established by acceptance of the assignment. This acceptance appears from the written confirmation by the contractor of the offer, or because the contractor has given a start of execution to the agreement.
5.2 If the assignment is given to Novum Sensus by the participant's employer, an agreement is concluded by a written notification signed by both the participant and the employer; Novum Sensus will send a written confirmation of the notification. In such cases, the participant and his employer are jointly and severally liable for compliance with the obligations under this agreement.
Article 6: Prices
6.1 All prices quoted by the contractor are exclusive of VAT. The prices on the website of Novum Sensus are listed per person and include coffee / soft drinks and training materials including VAT.
Article 7: Execution of the assignment
7.1 If the contractor can not fulfill his obligations due to circumstances that were not known to him at the conclusion of the agreement, the contractor has the right to change the agreement in such a way that execution thereof becomes possible.
7.2 The Contractor shall be entitled to suspend the fulfillment of his obligations if he is temporarily prevented from fulfilling his obligations as a result of changes in the circumstances that could not reasonably have been expected at the time of concluding the contract and which were beyond his control.
7.3 If the contractor has performed poorly, this will not result in a refund of the agreed price, but the contractor will carry out the assignment again. In that case, the Contractor will only reimburse the accommodation costs and any new material costs.
7.4 If a renewed execution of the assignment is not possible or is this once again performed improperly then the possible liability of the contractor is expressly limited to an amount equal to that which the contractor has charged, or at least could have brought, to the client in respect of that agreement. Any further liability is therefore expressly excluded, insofar as no rules of mandatory law preclude it from doing so.
7.5 The Contractor excludes any form of liability for damage, which arises from or is connected with any unlawful act or omission or a shortcoming in the fulfillment of an obligation by a subordinate or independent auxiliary person, which the Contractor instructs in carrying out the assignment instructed by the Client. work is being carried out, insofar as there are no rules of mandatory law. 7.6 Novum Sensus will execute the program to the best of its ability and in accordance with the requirements of good workmanship. Novum Sensus is obliged to use its highest level of integrity and reliability. Privacy: Novum Sensus will guarantee everything in the working privacy of the participant. This means that she will only tell the third party about the participant for which she has requested permission from the participant. Conflicts of interest: If there are conflicts of interest in the relationship between Novum Sensus and the participant, Novum Sensus will, in consultation with the participant, look for a solution where the best interests of the participant are served. When a conflict arises, Novum Sensus is ethically obliged to discuss the conflict and to try to resolve this. Consequences: If during the program Novum Sensus can not be sufficiently objective and respectful within its own standards and values, Novum Sensus is ethically obliged to terminate the agreement.
Article 8: Cancellation and change by the client or participant; replacement of the participant
8.1 The client can cancel an order. If the cancellation occurs within 4 weeks before the agreed date of execution of the assignment, the client will owe 50% of the agreed price. In case of cancellation up to and including 2 weeks before the start, 100% of the costs will be charged. In all other cases the full costs are due.
8.2 Cancellation of an assignment must be in writing.
8.3 If the amounts that have already been paid exceed the amount due in the event of cancellation (as determined in paragraph 1), the excess will be refunded by Novum Sensus within 10 working days after cancellation using the bank account number from which the payment has been received. No interest will be paid on repaid amounts.
8.4 In the event of a participant being prevented, the client is entitled to send a replacement until 2 weeks before the start of the training.
8.5 If the participant does not appear on the first day of the program, this is regarded as a cancellation. It is then no longer possible to participate in the program.
Article 9: Cancellation or modification by Novum Sensus
9.1 The Contractor has the right to cancel an order if the minimum number of registrations required for a proper performance of the assignment, which is not achieved by the Client for assessment. Such a cancellation does not lead to any form of liability of the contractor.
9.2 Under circumstances (including, for example, insufficient participants in a program), Novum Sensus is entitled to change the date, time and / or location of the program. Novum Sensus will then consult with the client to try to offer an alternative in good consultation. If in the opinion of Novum Sensus the participant can not reasonably be expected to attend the program under the changed conditions, Novum Sensus may decide to cancel the program. In that case, the costs charged will be credited and no payment will be made by Novum Sensus within 10 working days after the cancellation will be refunded using the bank account number through which the payment is received. No interest will be paid on repaid amounts.
9.3 In the event of a participant being prevented from attending a Novum Sensus training and coaching, the participant is entitled to register for a subsequent Novum Sensus training and coaching. If the notification of foreclosure takes place within 4 weeks before the agreed date of the Novum Sensus training, the client shall owe the contractor a one-off compensation equal to 5% of the training fee in addition to the agreed training rate.
9.4 The Contractor reserves the right to make any changes to a Novum Sensus Training, coaching or intervention and any substantive changes.
9.5 Novum Sensus does not accept any liability for the costs of the participant or his organization, which could be caused by a change or cancellation of a program.
Article 10: Engaging third parties
10.1 Engaging or engaging third parties by the contractor in the performance of an assignment takes place exclusively after consultation with and with the permission of the client. Article 11: Costs for participation
11.1 A first introductory meeting is always free of charge. An evaluation interview is included in the costs for the program.
11.2 The costs for participation are included on the registration form for the programs per participant. They are exclusive of VAT and include material and arrangement costs, unless stated otherwise at registration.
Article 12: Payment terms
12.1 The Client must pay the invoices of the Contractor within 14 days of the invoice date.
12.2 If the payment term is exceeded, the client is in default. With effect from the date on which the default occurred, the client owes a contractual interest of 1% per month on the outstanding amount, part of a month for a whole.
12.3 If the client is in default, the contractor reserves the right to exclude the client's participants from subsequent assignments.
12.4 If the client is in default with payment or with the fulfillment of any other obligation under an agreement, the contractor shall be entitled to proceed without any legal intervention to wholly or partially dissolve that agreement, which without prejudice to the right of the contractor to claim compensation.
12.5 Both the contractor and the client are entitled to terminate this agreement immediately if the other party has applied for suspension of payment or has been declared bankrupt, or - in case the client is a natural person - has been placed under guardianship or dies.
12.6 All extrajudicial collection costs - with a minimum of 15% of the outstanding amount - are fully charged to the client. As such, the costs of lawyers, bailiffs and collection agencies are also taken into account, which costs are determined in accordance with current or customary rates.
12.7 If there are fewer than 14 days between registration and the start of the program, the entire amount for participation must be paid in one go.
12.8 If the deadline is not met, the participant will be excluded from participation in the program. All costs incurred by Novum Sensus (collection and other) and any damage suffered by Novum Sensus will be charged to the client (and if applicable, the participant), with a minimum of € 50. The legal interest is then also due
Article 13: Intellectual property
13.1 Without the written permission of the contractor, the client is prohibited from alienating, displaying or otherwise using the designs, illustrations, drawings, models, software, quotations and the like (hereafter: documents) supplied by the contractor. The client is allowed to multiply these documents for their own use insofar as the assignment reasonably entails.
13.2 Unless otherwise agreed, the copyrights as well as all other intellectual property rights on these documents remain with the contractor.
13.3 The Client is obliged to return the documents to the Contractor on first request on pain of a fine of € 460 per day.
13.4 Novum Sensus has intellectual property rights to the training materials, readers and exercises. The client and participant may not use these products without express written permission from Novum Sensus, other than for the execution of the program. Of course, the participant is entitled to use his knowledge acquired through the program, provided that no confidential information is brought to the attention of third parties, and provided that this knowledge can not be traced back to other participants.
Article 14: Confidentiality
14.1 Details of the assignment will not be brought to the notice of third parties by the contractor without the permission of the client.
Article 15: Complaints
15.1 Complaints about the program must be reported by the participant to Novum Sensus within 10 working days after the end of the program. The complaint must contain as detailed a description of the complaint, so that Novum Sensus is able to respond adequately. If a complaint is well-founded, Novum Sensus can decide to refund the participation costs (in part).
Article 16: Method and means; trust
16.1 Starting point of a program of Novum Sensus is the participant; that he is aware of and what determines how he looks at himself and life. This is formed by his physical data, the cultural context and his personal history. These express themselves in a coherent system of intellect, actions and emotions. Because these three are inextricably linked, every change can be deployed and supported from one of these three areas. In general, the first application of the program will be that of intellect and experiential learning.
Change is always accompanied by a learning process. The learning process is not necessarily fun or comfortable. After all, new insights and actions often mean that old, as familiar and safe, self-evident present must be abandoned. Partly in connection with this, the participant (and as far as applicable: the client) and Novum Sensus realized that a good and trustful mutual relationship is required for the proper execution of the program. If, owing to external or internal circumstances, a situation occurs whereby Novum Sensus believes that an unworkable relationship arises, Novum Sensus will seek a solution to the best of its ability, while doing its utmost to respect the dignity of the participant. If, however, no adequate and workable solution is found in the reasonable opinion of Novum Sensus, Novum Sensus may decide to exclude the participant from the program. In such a case, the client or the participant is not entitled to a refund of (any part of) the costs of participation.
Article 17: Liability
17.1 Novum Sensus is liable for shortcomings and in the execution of the program insofar as these are the result of failure to observe due care, expertise and expertise that may be relied upon when executing the program. The liability for the damage caused by the shortcoming and is limited to the amount of participation costs that Novum Sensus has received.
17.2 This limitation of liability is only not applicable if in a final judgment the liability of Novum Sensus has been established due to intent or deliberate recklessness of Novum Sensus. Liability with regard to trading loss and / or indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation is explicitly excluded.
17.3 During the program, however, the participants must take care of their properties at all times. Novum Sensus is not liable for damage caused to participants' property. The participants are expected to follow safety instructions and standards.
Article 18: Applicable law and competent court
18.1 Only Dutch law applies to these general terms and conditions, and to all agreements or offers to which they relate.
18.2 If the parties have a dispute that arises from or in connection with the agreement or with these general terms and conditions, they will be obliged to resolve this in mutual consultation, whereby they are obliged to make use of a mediator if necessary. 18.3 Disputes arising from or related to an offer to or an agreement with the client will be settled by the court in The Hague.