General terms and conditions Nienke Bloem Services B.V.
Article 1. Definitions
Nienke Bloem: the private company Nienke Bloem Services B.V. or contractor Nienke Bloem, established in Utrecht, registered with the Chamber of Commerce under number 59524049.
Client: the person or organisation that has placed an order with the contractor.
Activities: lectures, master classes, workshops, trainings, consultancy work, etc. provided by Nienke Bloem.
Article 2. Applicability
These general conditions apply to all activities that Nienke Bloem carries out. There are cases in which we use the purchase conditions of the client; this we agree in mutual consultation prior to the assignment.
Article 3. Offers
All offers and proposals of Nienke Bloem are without obligation. There is only an agreement if the sponsor has confirmed the offer or the proposal in writing and / or by email to Nienke Bloem. Nienke Bloem is not responsible when the person who acts on behalf of the principal is not competent to give a command.
An agreement will only be amended or supplemented if both parties have agreed this and it has been confirmed in writing and/or by email.
Article 4. Prices
Price quotations are made in an offer and these prices are exclusive of VAT. In the offer Nienke Bloem specifies exactly the structure of the price and this serves - after approval of the client - as input for the invoicing.
Article 5. Payment
Unless agreed otherwise, the client pays the invoices sent by Nienke Bloem within 30 days after invoice date. When the payment is not made Nienke Bloem will send a reminder. We assume that we will always find a solution together, but if satisfactory response is not achieved, Nienke Bloem has the right to suspend the implementation of the activities or to dissolve the agreement between both parties. Thereby - without prejudice - Nienke Bloem still reserves the right to claim the indebted amount.
Article 6. Provision relating to the performance
The client ensures that the necessary facilities are present to allow Nienke Bloem to carry out her work properly. Therefore the facilities are in a good technical condition and meet the legal safety regulations.
Article 7. Prevented from attending of the contractor
Let us hope that it is not necessary, but if Nienke Bloem is prevented from attending on the agreed date due to illness or any other urgent circumstance, then she will:
- Move the presentation, master class or workshop to another date in consultation with the client;
- if desired and if possible, provide a replacement;
- in the case both options a. and b. from this article do not succeed, parties terminate the agreement, in which Nienke Bloem of course discharges the agreed amount for the concerning assignment, or restitutes if the principal has already paid.
Nienke Bloem is in no case liable for any damages and therefore not liable for direct or indirect damages as a result of not continuing the assignment.
Article 8. Termination of the agreement by the client
The client may terminate an agreement once concluded in whole or in part, before or at the latest on the agreed date of execution. In that case, the client is owed the following cancellation costs to Nienke Bloem:
- In the event of cancellation up to four weeks before the planned start of the assignment: 50% of the quotation price, or the actual preparation costs if these are higher;
- In case of cancellation between four and two weeks before the planned start of the assignment: 80% of the offer price;
- In case of cancellation within two weeks before the planned start of the assignment: 100% of the offer price.
In all cases Nienke Bloem will charge costs already made (e.g. materials or booked hotels and flight tickets) and preparation hours for the assignment. Termination of an agreement should always be confirmed in writing.
Article 9. Termination of the agreement by the contractor
Nienke Bloem has the right to dissolve the agreement (without judicial intervention) directly when:
- the client fails to comply with one or more obligations arising for him from the agreement;
- the client files for bankruptcy or is declared bankrupt, applies for a suspension of payments or if he is granted a provisional or definitive suspension of payments.
Article 10. Liability
Nienke Bloem is not responsible towards principal and/or third parties for any damage regardless by which the damage has arisen which is or can be direct or indirect the result of the implementation of the agreement. Nienke Bloem is explicitly safeguarded by the client against claims of third parties.
The liability of Nienke Bloem is in any case limited to maximum the invoice value of the agreement which she has entered into with the principal.
Nienke Bloem puts together the contents of presentations, lectures and trainings with the greatest possible care, but accepts no liability for possible inaccuracies and incompleteness in the course material or for what is proclaimed during the lectures and/or trainings. Nienke Bloem is therefore not liable for the actions of the client or the participants as a result of her contribution.
Article 11. Intellectual property
All documentation and materials that Nienke Bloem brings to her programs are her intellectual property. Client and present participants of meetings, trainings, workshops, etc. are not allowed without prior written permission of Nienke Bloem to copy, distribute, make public or edit (a part of) of the documentation and/or materials.
Nienke Bloem warmly welcomes professional audio and video recording of her sessions. But she does ask:
- an audio/video recording by an expert professional technician;
- a digital copy, to be received within 30 days after the presentation;
- Transmission of the material to employees and participants is agreed, but sale of the material is expressly prohibited.
Article 12. Not a great customer experience
Of course, Nienke Bloem hopes that the client is enthusiastic about her contribution. If the client is not satisfied, please let us know within 10 working days after the origin of the complaint. We assume that we can solve this together and we will always look for a solution that works for both parties.
If Nienke Bloem believes that the complaint is well-founded, she will make a proposal for handling the complaint. It is with a reason that she speaks on almost a daily basis about great customer experiences, so she will do everything to make your experience positive. Her offer is valid until 14 days after her proposal. After that Nienke Bloem is no longer bound to the proposal and the client will not be able to make any further claims towards Nienke Bloem.
Article 13. Dispute settlement
The Dutch law is applicable on all offers, orders and established agreements provided by Nienke Bloem.