In these terms and conditions, the following terms shall have the meanings set out below:
Client: the natural or legal person who enters into an agreement with Braindrills.
Agreement: any agreement between Braindrills and the client regarding the services to be provided by Braindrills.
Services: all work offered by Braindrills within the scope of training, workshops, coaching, consultancy, and/or advice related to personal development and business growth.
Terms and Conditions: these general terms and conditions.
Article 2 - Applicability
These Terms and Conditions apply to all offers, proposals, work, agreements, and services provided by or on behalf of Braindrills.
Deviations from these Terms and Conditions are only binding if explicitly confirmed in writing by Braindrills.
Article 3 - Offers and Proposals
All offers and proposals from Braindrills are non-binding unless explicitly stated otherwise.
Braindrills is only bound to an offer if the client confirms acceptance in writing within 14 days.
Article 4 - Execution of the Agreement
Braindrills shall execute the agreement to the best of its knowledge and abilities, in accordance with the requirements of professional competence.
If and to the extent that proper execution of the agreement requires, Braindrills has the right to have certain tasks performed by third parties.
Article 5 - Amendment of the Agreement
If during the execution of the agreement it becomes apparent that changes or additions are necessary for proper performance, parties will amend the agreement in mutual consultation.
Braindrills is entitled to charge the client for additional costs resulting from changes to the agreement.
Article 6 - Fees and Payment
The rates charged by Braindrills are exclusive of VAT and other statutory levies, unless stated otherwise.
Payments must be made within 14 days of the invoice date, unless agreed otherwise in writing.
If the client fails to make timely payment, the client is in default by operation of law and owes statutory interest.
Article 7 - Cancellation and Suspension
Cancellation of an order by the client must be done in writing.
In the event of cancellation within 14 days before the commencement of the service, the client is obliged to pay 50% of the agreed fee.
Braindrills has the right to suspend execution of the agreement if the client fails to fulfill its payment obligations.
Article 8 - Liability
Braindrills is only liable for damages resulting from gross negligence or intent.
Braindrills’ liability is at all times limited to the amount paid by Braindrills’ insurance.
Braindrills is not liable for indirect damage, including consequential damage, lost profits, missed savings, or damage due to business interruption.
Article 9 - Intellectual Property
All documents provided by Braindrills, such as reports, advice, designs, sketches, drawings, software, etc., are intended for use by the client only and may not be reproduced, made public, or shared with third parties without prior written consent from Braindrills.
Article 10 - Applicable Law and Disputes
All agreements between Braindrills and the client are governed by Dutch law.
Disputes arising from agreements to which these terms and conditions apply shall be submitted to the competent court in the district where Braindrills is established.
September 2024
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