TERMS AND CONDITIONS
* IIY: The professional who operates under the name of InvestInYoga.
* The client: The legal person who gives the order.
* The agreement: The agreements between the client and IIY.
ARTICLE 2. APPLICABILITY OF THESE CONDITIONS
- These terms and conditions apply to every offer and every agreement between IIY and the Client to which the parties have declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
- These terms and conditions shall also apply to any agreement with IIY for the performance of which third parties must be involved.
ARTICLE 3. QUOTATIONS
- The offers made by IIY are free of obligation; they are valid for 30 days, unless indicated otherwise. IIY shall only be bound by the tenders if the acceptance thereof by the other party is confirmed in writing within 30 days.
- The client has a 14-day cooling-off period. This means that the client may reject a signed order confirmation (quotation) within 14 days, without additional costs.
- The prices in the quotations mentioned are exclusive of VAT, unless otherwise indicated.
- Quotations are based on the information available at IIY and/or its Partners
ARTICLE 4. ORDERS AND CANCELLATION
- A quotation becomes an order as soon as the quotation is confirmed.
a. If an assignment, or part thereof, is withdrawn within 24 hours of its execution, the client will be charged 100% of the time and costs reserved for its execution.
b. If an order, or part thereof, is withdrawn within two days (48 hours) before its execution, the client will be charged 50% of the time and costs reserved for its execution.
c. If an order or part thereof is withdrawn within one week before the start of its execution, the client will be charged for the preparatory work that was necessary for the execution of the order.
ARTICLE 5. EXECUTION OF AN ACCOMPANIMENT AGREEMENT
- IIY will execute the agreement in accordance with the guidelines and rules of conduct of the Professional Association Kundalini Yoga Netherlands (KYN) and the IKYTA (International Kundalini Yoga Teacher Association) and to the best of its knowledge, ability and in accordance with the requirements of good craftsmanship.
- If and insofar as a proper execution of the agreement requires, IIY has the right to have certain activities performed by third parties. This shall always take place in consultation with the client.
- The client shall ensure that all information which IIY indicates is necessary or which the client should reasonably understand is necessary for the execution of the agreement is provided to IIY in good time. If IIY is not provided in good time with the information required for the execution of the agreement, IIY shall be entitled to suspend the execution of the agreement and/or to charge the client for the additional costs arising from the delay in accordance with the customary rates.
- The Contractor shall not be liable for any loss or damage of whatever nature, IIY is not liable for any loss, of whatever nature, arising from the fact that it has relied on incorrect and/or incomplete information provided by the and/or incomplete information provided by the client, unless it should have been known to him
ARTICLE 6. CONTRACT DURATION; TERM OF EXECUTION
- The agreement is entered into for an indefinite period of time unless the
parties expressly agree otherwise in writing.
ARTICLE 7. MODIFICATION OF THE AGREEMENT
- If during the execution of the agreement it appears that for a proper execution it is necessary to modify or supplement the work to be done, parties will timely and in mutual consultation adjust the agreement accordingly.
- If the parties agree that the agreement will be changed or supplemented, this may affect thae time of completion of the execution. IIY will notify the client of this as soon as possible.
- If the change or supplement to the agreement has financial and/or qualitative consequences, IIY shall inform the client thereof in advance.
- If a fixed fee has been agreed, IIY will indicate the extent to which the amendment or supplement to the agreement will result in an increase in that fee. If a fixed fee has been agreed, IIY will indicate the extent to which the amendment or supplement to the agreement will result in this fee being exceeded.
- In deviation from paragraph 3, IIY will not be able to charge any additional costs if the change or supplement is the result of circumstances attributable to it.
ARTICLE 8. CONFIDENTIALITY
- The parties are obliged to keep confidential all confidential information that they have obtained from each other or from another source in the context of their agreement. Information shall be considered confidential if the other party has communicated this or if this results from the nature of the information.
- The assignment will not be referenced externally by IIY without the Client’s consent.
ARTICLE 9. INTELLECTUAL PROPERTY
- Without prejudice to the provisions of Article 7 of these Terms and Conditions, IIY reserves the rights and powers vested in it pursuant to the Copyright Act.
- All documents issued by IIY, such as exercises, tests, reports, assessments,
sketches, drawings, software, etc., are intended solely for the use of the client
and may not be reproduced, made public or brought to the notice of third parties
by the client without IIY’s prior consent,
or make them available to third parties.
IIY also reserves the right to use any knowledge acquired as a result of the work knowledge gained as a result of performing the work for other purposes in so far as no confidential information is brought to the notice of third parties in the process.
ARTICLE 10. TERMINATION
- Either party may terminate the agreement in writing at any time. If the
duration of the assignment is one year or longer, the parties must observe a
notice period of at least 1 month.
ARTICLE 11. DISSOLUTION OF THE AGREEMENT
- IIY’s claims against the client shall become immediately due and payable in
the following cases:
a. if, after the agreement has been concluded, IIY becomes aware of circumstances which give it good reason to fear that the client will not fulfil his obligations;
b. if, when entering into the agreement, IIY has asked the client to provide security for the fulfilment of his obligations and this security is not provided or is insufficient.
In the above cases IIY shall be authorised to suspend the further execution of the agreement or to dissolve it, all this without prejudice to any other rights which IIY may have under the agreement. In the foregoing circumstances IIY shall be entitled to suspend further performance of the agreement or to dissolve it, without prejudice to the right of the contractor to claim damages.
ARTICLE 12. DEFECTS, COMPLAINT PERIODS
- The client must notify IIY in writing of any complaints about the work performed within eight days of discovery, but no later than fourteen days after the work in question was completed.
- IIY will confirm the complaint within 8 days of its receipt, stating the contact person. Further, the complaint will be dealt with as quickly as possible and in confidence.
- If a complaint is well-founded, IIY will still carry out the work as agreed; unless this has meanwhile become demonstrably pointless for the client. The client must notify IIY of this in writing.
- If it is no longer possible or worthwhile to carry out the agreed work, IIY will only be liable within the limits laid down in article 16.
- In case of disputes, the complainant can turn to the independent complaints committee of the IKYTA (www.ikyta.com). InvestInYoga submits to their complaints procedure.
ARTICLE 13. FEE
- For offers and agreements in which a fixed fee is offered or agreed upon, paragraphs 2, 5 and 6 of this article shall apply.
- If no fixed fee is agreed upon, paragraphs 3 to 6 of this article shall apply.
- The parties may agree a fixed fee when the agreement is concluded. The fixed fee is exclusive of VAT.
- If no fixed fee is agreed upon, the fee will be determined on the basis of hours actually worked. The fee shall be calculated in accordance with IIY’s usual hourly rates, valid for the period in which the work is performed, unless a deviating hourly rate has been agreed upon.
- Any cost estimates are exclusive of VAT.
- The costs due will be charged on a monthly basis.
- If IIY agrees with the client on a fixed fee or hourly rate, IIY shall nevertheless be entitled to increase this fee or rate. IIY may pass on any price increases, if the contracting party can demonstrate that significant price changes have occurred between the time of offer and delivery with regard to wages and/or comparable market rates, for example.
ARTICLE 14. PAYMENT
- Payment shall be made within 14 days of the invoice date, in a manner to be indicated by the Contractor in the currency in which the invoice was made, unless otherwise agreed.
- After the expiry of 14 days from the invoice date, the Client shall be in default; the Client shall owe interest of 1% per month on the amount due and payable from the moment of entering default.
- In the event of the Client’s liquidation, bankruptcy or suspension of payments, IIY’s claims and the Client’s obligations vis-à-vis the Supplier shall become immediately due and payable.
- Payments made by the client shall always serve first to settle all interest and costs due, and secondly to settle invoices which have been outstanding the longest, even if the client states that the payment relates to a later invoice.
- In the event that IIY repays any amounts that have been credited, a payment period of a maximum of 30 days will be applied.
ARTICLE 15. COLLECTION COSTS
- If the client is in default or breach of contract with respect to one or more of his obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the client. The client shall in any case be due
a. over the first Euro 3,000 15%.
b. over the remainder up to Euro 6,000.00 10%.
c. on the amount in excess to Euro 15,000 8%.
d. on the amount exceeding Euro 60,000 5%.
e. on the amount exceeding 3%.
- If IIY is able to demonstrate that it has incurred higher costs, which were reasonably necessary, such costs shall also qualify for reimbursement.
ARTICLE 16. LIABILITY
- IIY’s liability shall be limited to the invoice value of the order, or at least that part of the order to which the liability relates.
- Notwithstanding the provisions of paragraph 1 of this article, if the term of an assignment exceeds six months, IIY’s liability shall be limited to the amount invoiced for the last six months.
- The limitations of liability set out in these terms and conditions shall not apply if the damage or loss is the result of intentional acts or omissions or gross negligence on the part of IIY or its subordinates.
- IIY shall never be liable for any consequential loss.
ARTICLE 17. FORCE MAJEURE
- In these general terms and conditions force majeure shall be taken to mean, in addition to the legal definition and interpretation of the term, all external causes, whether anticipated or not, over which IIY has no control, but which prevent IIY from being able to fulfil its obligations. This shall also include strikes at IIY’s company.
- IIY shall also be entitled to invoke force majeure if the circumstance preventing performance or further performance arises after IIY should have fulfilled its obligation.
- During force majeure IIY’s obligations shall be suspended. In the event that the period during which IIY is unable to fulfil its obligations because of force majeure lasts longer than two months, both parties shall be authorised to dissolve the agreement without any obligation to pay damages.
- If IIY has already fulfilled part of its obligations when the situation of force majeure arises, or can fulfil only part of its obligations, it shall be entitled to send a separate invoice for the part already fulfilled and/or the part which can be fulfilled, and the Client shall be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already performed or executable part has no independent value.
ARTICLE 18. PROCESSING OF DATA.
- IIY, as the party responsible within the meaning of the WBP, is responsible for and authorised to process, digitally or otherwise, the personal data that is collected in the context of the services referred to in these general terms and conditions, or at least to have it processed under its direct authority, and shall ensure that any processors comply with the applicable laws and regulations.
- IIY will only provide data to professionals who perform services if a confidentiality agreement has been signed with them and only in connection with the performance of an assignment. The foregoing does not alter the fact that data can sometimes be traced back to an individual person by consulting public registers and social media.
- The processing purposes specified by IIY in this article have been reported to the Dutch Data Protection Authority. The notification can be viewed at the Dutch Data Protection Authority.
ARTICLE 19. COMPLAINTS AND DISPUTE RESOLUTION
- IIY and client agree to handle disputes in accordance with IKYTA’s complaints procedure.
- If no settlement is reached in accordance with this regulation, disputes arising from this agreement, or any further agreements thereof, or any legal relationships arising from it, shall be submitted to the Court of Haarlem in the first instance, to the exclusion of others.
ARTICLE 20. APPLICABLE LAW
- Any agreement between the Contractor and the Client shall be governed by Dutch law.
- Annulment or voidability of any provision of this agreement shall not affect the validity of the remaining provisions.
ARTICLE 21. MODIFICATION OF THE TERMS AND CONDITIONS
The version that applied at the time of the conclusion of the present contract shall always be applicable.
InvestInYoga| Van Lijnden Van Hemmenstraat 83 | 2132SJ SJ | Hoofddorp | The Netherlands | Chamber of Commerce: 34273716