General terms and conditions A-Experts

1. Definitions In these general terms and conditions, the following definitions apply:

Client: the natural person or legal entity that assigns A-Experts to perform services.
Contractor: A-Experts, established in Rotterdam, the Netherlands, operating under this name by S. Beenhakker, L. van Els and L. Plein.
Services: all activities offered or provided by A-Experts, including but not limited to: coaching, (team) training, advisory programmes, organisational development and absenteeism guidance, both on-site and online.
Agreement: the arrangements between A-Experts and the client regarding the provision of services, recorded in writing or by email.

These general terms and conditions apply to all offers, quotations, assignments, agreements and deliveries of services by A-Experts, unless expressly agreed otherwise in writing.
The applicability of any general (purchasing) terms and conditions of the client is hereby expressly rejected, unless agreed otherwise in writing.
All quotations are non-binding and valid for 30 days, unless stated otherwise.

An agreement between A-Experts and the client is established at the moment a written order confirmation has been sent by A-Experts, or as soon as A-Experts – with the client's consent – has commenced the execution of the agreed services.
Verbal commitments or agreements are only binding on A-Experts if confirmed in writing.

A-Experts endeavours to perform the agreed services to the best of its knowledge, expertise and ability, in accordance with the explicitly made agreements with the client. This concerns a best-efforts obligation, not an obligation to achieve a specific result.
In the case of customised programmes or specific expertise, A-Experts reserves the right, after consultation with the client, to engage third parties in the execution of (parts of) the assignment.
A-Experts remains at all times responsible for the management of the process, including when third parties are engaged.
A-Experts is not liable for damage of any kind arising from reliance on incorrect or incomplete information provided by the client.

All rates are established in advance in a written quotation or order confirmation and are exclusive of VAT and other government-imposed levies, unless expressly stated otherwise.
Invoicing takes place in accordance with the arrangements in the order confirmation. Unless agreed otherwise in writing, A-Experts applies a payment term of fourteen (14) days from the invoice date.
For coaching programmes or multi-day programmes, unless agreed otherwise, 50% of the total amount is invoiced in advance and the remaining amount upon completion of the programme.
If the client disputes an invoice, this must be done in writing and with reasons within 7 days of the invoice date. Disputing an invoice does not suspend the payment obligation.
In the event of failure to pay on time, the client is automatically in default. From that moment, A-Experts is entitled to charge statutory commercial interest, as well as reasonable extrajudicial collection costs in accordance with the statutory scale.
If payment is not made, A-Experts reserves the right to suspend or terminate the execution of the assignment entirely, without being liable for any resulting consequences.

Cancellations must be made in writing (by email).
For individual sessions: cancellation at least 48 hours in advance is free of charge; cancellation within 48 hours will result in 100% of the fee being due.
For group or customised training courses, the following cancellation costs apply:
- More than 8 weeks before commencement: 10%
- Between 8 and 4 weeks before commencement: 50%
- Less than 4 weeks before commencement: 100%
Changing a previously agreed date is free of charge up to two weeks before commencement. For changes within two weeks before commencement, 25% of the agreed price may be charged.
A-Experts may cancel or reschedule training courses; amounts already paid will then be refunded.

In the event of force majeure, including but not limited to illness, government measures, pandemics, weather conditions and strikes, A-Experts is entitled to temporarily suspend, reschedule or cancel appointments without liability for damages.

A-Experts is solely liable for direct damage that is the direct result of intent or gross negligence.
The liability of A-Experts is in all cases limited to a maximum of the invoice amount of the relevant assignment, up to a maximum of €10,000.
A-Experts is not liable for indirect damage, including consequential damage, loss of profit, delay or business disruption.
The client is personally responsible for taking out adequate insurance.

The parties undertake to maintain confidentiality regarding all confidential information they obtain from each other in the context of the assignment.
This confidentiality obligation also applies to any third parties engaged.
Personal data is processed in accordance with the General Data Protection Regulation (GDPR). A-Experts' privacy policy is available via www.a-experts.nl or upon request.

All materials provided or used by A-Experts, such as handouts, models, methodologies and advice, remain the property of A-Experts.
The client is not permitted to reproduce, publish or make these materials available to third parties without the written consent of A-Experts.

All participants in sessions, training courses or meetings organised by A-Experts are expected to conduct themselves respectfully towards trainers, other participants and the environment. A-Experts reserves the right to immediately terminate participation in the event of transgressive behaviour, without refund.

Additional work and supplementary services that fall outside the scope of the original assignment are agreed upon separately and charged at the applicable rate, unless agreed otherwise in writing.

Complaints must be submitted in writing within 14 days of the performance of the service.
A-Experts will assess complaints reasonably and resolve them within a reasonable timeframe where possible.

All legal relationships between A-Experts and the client are governed exclusively by Dutch law.
Disputes are preferably resolved through mutual consultation. If this proves not to be possible, the dispute will be submitted to the competent court in the district where A-Experts is established (Rotterdam).