TERMS & CONDITIONS
Clause 1. Definitions
o InnerWorks Atelier: InnerWorks Atelier or Eye4Growth, established in Amsterdam with CoC. no. 81376804.
o Client: the party (consumer or company) which InnerWorks Atelier has entered into an agreement with.
o Consumer: who is an individual acting for private purposes.
o Company: a business that is registered at the Chamber of Commerce.
o Parties: InnerWorks Atelier and Client together.
o Coaching: life coaching, personal coaching, executive coaching and business coaching for clients.
o Event: a planned public or social activity i.e. but not limited to training, course, Retraite and/ or Workshop organized by InnerWorks Atelier.
o Platform: a third party (outsider), provides services for InnerWorks Atelier.
o Product: tickets for an Workshop, Retraite or session (Coaching).
o Connect call: free initial interview, without any obligation.
o Insurance: some treatments are reimbursed by an insurance company, client is responsible for checking this himself.
Clause 2. Applicability
1. These terms and conditions will apply to all quotations, products, offers, activities, orders, agreements and deliveries of services by or on behalf of InnerWorks Atelier.
2. Parties can only deviate from these terms and conditions if they have explicitly agreed upon in writing.
3. Parties expressly exclude the applicability of supplementary and/or deviating terms and conditions of Client or third parties.
Clause 3. Offers & quotations
1. Offers and quotations from InnerWorks Atelier are without engagement, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 21 days from its date, unless another acceptance period is agreed or is stated in the offer or quotation.
3. If Client does not accept within the applicable time frame, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeated services, unless Parties have agreed upon this explicitly and in writing.
Clause 4. Acceptance
1. Upon acceptance of a quotation or offer without engagement, InnerWorks Atelier reserves the right to withdraw the quotation or offer within 3 working days after receipt of the acceptance, without any obligations towards Client.
2. Verbal acceptance of Client only commits InnerWorks Atelier after Client has confirmed this in writing (or electronically).
Clause 5. Prices
1. All prices used by InnerWorks Atelier are in euros, inclusive VAT for the Consumer and exclusive VAT for a Company. and exclusive any other costs such as administration costs, levies and travel-, expenses, unless expressly stated otherwise or agreed otherwise.
2. InnerWorks Atelier is entitled to adjust all prices for its services, shown on its website, platform or otherwise, at any time.
3. Parties agree on a total price for a service provided by InnerWorks Atelier or a price per hour or consult or product. This is always a target price, unless Parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
4. InnerWorks Atelier is entitled to deviate up to 10% of the target price. If the target price exceeds 10%, InnerWorks Atelier must let Client know in due time why a higher price is justified. If the target price exceeds 10%, Client has the right to cancel the part of the order that exceeds the target price by 10%.
5. InnerWorks Atelier has the right to adjust prices annually. InnerWorks Atelier will communicate price adjustments to Client prior to the moment the price increase becomes effective.
6. The Consumer has the right to terminate the contract with InnerWorks Atelier if not agreed with the price increase.
Clause 6. Payments & payment term
1. InnerWorks Atelier may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. Client must have paid the full amount within 14 days after delivery.
2. Payment terms are considered as fatal payment terms. This means that if Client has not paid the agreed amount at the latest on the last day of the payment term he is legally in default, without InnerWorks Atelier having to send Client a reminder or to put him in default.
3. InnerWorks Atelier reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services.
Clause 7. Consequences of late payment
1. If Client does not pay within the agreed term, InnerWorks Atelier is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day Client is in default, whereby a part of a month is counted for a whole month.
2. When Client is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to InnerWorks Atelier.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If Client does not pay on time, InnerWorks Atelier may suspend its obligations until Client has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of Client, the claims of InnerWorks Atelier on Client are immediately due and payable.
6. If Client refuses to cooperate with the performance of the agreement by InnerWorks Atelier, he is still obliged to pay the agreed price to InnerWorks Atelier.
Clause 8. Suspension of obligations by Client
1. Client waives the right to suspend the fulfillment of any obligation arising from this agreement.
Clause 9. Settlement
1. Client waives his right to settle any debt to InnerWorks Atelier with any claim on InnerWorks Atelier.
Clause 10. Performance of the agreement
1. InnerWorks Atelier executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. InnerWorks Atelier is continually striving to ensure the standard of service she provides to its clients remains excellent.
2. InnerWorks Atelier offers counseling and coaching guidance to clients aiming to improve their emotional wellness.. Remarkable results are achieved with our clients being guided, encouraged and challenged to achieve their desired goals. Their commitment to reset their emotional and behavioral blueprint plays a significant role in the process of change, healing or growth. However, Client has sole responsibility for taking important decisions in their life or business.
3. InnerWorks Atelier has the right to have the agreed services (partially) performed by third parties.
4. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by Client.
5. It is the responsibility of Client that InnerWorks Atelier can start the implementation of the agreement on time.
6. If Client has not ensured that InnerWorks Atelier can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged.
7. A session can be rescheduled free of charge, up until 24hrs before the appointment.
8. In case of no-show, or cancellation within 24hrs of the appointment, the full fee will be charged.
Clause 11. Coaching & disclaimer
1. Coaches from InnerWorks Atelier are accredited members of NOBCO – Nederlandse Orde van Beroepscoaches. They subscribe to the Global Code of Ethics.
2. The coaching schedule will be arranged between InnerWorks Atelier and Client.
3. InnerWorks Atelier will recommend the frequency of coaching sessions based on a professional assessment of Client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
4. The number and frequency of the coaching sessions will be agreed at the start of the coaching project, between InnerWorks Atelier and Client, and confirmed by InnerWorks Atelier by email or written correspondence. Where no specific number is agreed, sessions will be provided on a session by session basis.
5. The date that the first coaching session takes place shall be deemed to be the start date for the service.
6. Client understands that the coaching services that will be received are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions.
7. Client understands that InnerWorks Atelier is not acting as a mental health counselor or a medical professional in the case of Coaching.
8. Client understands and agrees that Client is fully responsible for its own well-being during coaching sessions, and subsequently, including choices and decisions.
9. Client understands that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment.
10. Client understands that all comments and ideas offered by InnerWorks Atelier are solely for the purpose of aiding me in achieving the defined goals.
11. Client understands that the use of technology is not always secure and Client accepts the risks of confidentiality in the use of email, text, phone, Skype and other technology.
Clause 12. Events
1. All events (i.e. courses, workshops, Retraite, training courses or training courses) are held subject to sufficient registrations.
2. InnerWorks Atelier is entitled to change the location at any time.
3. After registration, you will receive an (electronic) confirmation by e-mail that makes your registration final.
4. Registration takes place in order of receipt of the applications. Be aware that full payment is necessary for your registration to be completed.
5. Only a certain number of places are available per workshop or course. As soon as a workshop or course is sold out, the registration is automatically closed and it is no longer possible to book a place via the website.
6. By registering you declare you agree with these general terms and conditions.
7. InnerWorks Atelier is never responsible for a third party website.
8. Cancellation for the event must be done in writing via e-mail.
Clause 13. Canceling events
1. In case of cancellation for a workshop or course € 10,00 – administration costs will be deducted, because payments received do cost us money.
2. Tickets are nominative, but in case of non-attendance, you can request transferring it to a different name. Please send your request per mail (email@example.com) with the new person’s name at least 24hrs before the start of the event.
3. -If you cancel up to 1 month (30 days) before the start you will receive the full amount, minus the administration costs.
– In the event of cancellation between 30 to 14 days before the start date, 50% of the participation fee will be charged.
– In case of cancellation from 14 days before the start date, 100% of the participation fee will be charged.
– If you do not appear during the workshop, no money will be refunded.
4. InnerWorks Atelier is entitled to cancel the offered workshop or course if there are insufficient participants. If a workshop or course does not take place or is postponed, you will receive notice at the latest 14 days before the start.
5. InnerWorks Atelier is entitled to change the date of a workshop or course no later than 2 weeks before the start of the workshop or course. The course participant is informed by e-mail and has the opportunity to move / cancel the workshop or course free of charge.
6. InnerWorks Atelier is entitled in case of illness of the teacher to replace it with another teacher or to cancel the offered workshop or course. In the event of cancellation, the registration will be moved without charge to another date or canceled and any course fees paid will be refunded.
Clause 14. Counseling
1. Therapists from InnerWorks Atelier are accredited members of NFG – Nederlandse Federatie Gezondheidszorg and are registered as a therapist with the RBCZ – Register beroepsbeoefenaren complementaire zorg. They subscribe to the WKKGZ codes of ethics.
2. Confidentiality is an essential part of all counseling. It underpins the client’s sense of safety and trust and contributes to making the therapeutic relationship different from any other. All information will be kept confidential unless the client and therapist agree to discuss something with a third party. Where appropriate a consent form will be used.
3. The only reasons for breaking confidentiality would be if the therapist considered that your life was at risk, if another person’s life was at risk or if the therapist was liable to civil or criminal court proceedings if the information was not disclosed. If at all possible this would be discussed beforehand.
4. InnerWorks Atelier is strongly committed to anti-discrimination. It values difference and diversity and does not discriminate on the grounds of age, gender and gender identity, sexual preference or orientation, marital/partnership status, religion, race, color, national origin, disability, heritage or political belief.
Clause 15. Duty to inform by Client
1. Client shall make available to InnerWorks Atelier all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. Client guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as Client requests this, InnerWorks Atelier will return the relevant documents.
4. If Client does not timely and properly provides the information, data or documents reasonably required by InnerWorks Atelier and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours can be charged to Client.
Clause 16. Duration of the agreement
1. The agreement between InnerWorks Atelier and Client is entered into for an definite or indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a Client terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
3. If parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, Client must give InnerWorks Atelier a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Clause 17. Cancellation of the contract for an indefinite period of time
1. Client can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 1 month.
Clause 18. Intellectual property
1. InnerWorks Atelier retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2. Client may not copy or have copied the intellectual property rights without prior written permission from InnerWorks Atelier, nor show them to third parties and / or make them available or use them in any other way.
Cause 19. Confidentiality
1. Client keeps any information he receives (in whatever form) from InnerWorks Atelier confidential.
2. The same applies to all other information concerning InnerWorks Atelier of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to InnerWorks Atelier.
3. Client takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:
o which was already made public before Client heard this information or which later became public without being the result of a violation of Client’s duty to confidentiality;
o which is made public by Client due to a legal obligation.
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 1 year1 after the end thereof.
Clause 20. Indemnity
1. Client indemnifies InnerWorks Atelier against all third-party claims that are related to the services supplied.
Clause 21. Complaints & giving notice
1. Client must examine a service provided by InnerWorks Atelier as soon as possible for possible shortcomings.
2. If a delivered service does not comply with what Client could reasonably expect from the agreement, Client must inform InnerWorks Atelier of this as soon as possible, but in any case within 21 days after delivery of the service.
3. Client gives a detailed description as possible of the shortcomings, so that InnerWorks Atelier is able to respond adequately. Client must demonstrate that the complaint relates to an agreement between the parties.
4. If a complaint relates to ongoing work, this can in any case not lead to InnerWorks Atelier being forced to perform other work than has been agreed.
5. Client must provide any notice of default to InnerWorks Atelier in writing.
6. It is the responsibility of Client that a notice of default actually reaches InnerWorks Atelier (in time).
7. Counseling clients at any time, can follow the procedure as described here. For more info please read here.
Clause 22. Joint and several Client liabilities
1. If InnerWorks Atelier enters into an agreement with several Clients, each of them shall be jointly and severally liable for the full amounts due to InnerWorks Atelier under that agreement.
Clause 23. Liability of InnerWorks Atelier
1. InnerWorks Atelier is only liable for any damage Client suffers if and insofar as this damage is caused by intent or gross negligence.
2. If InnerWorks Atelier is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement. InnerWorks Atelier is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
3. If InnerWorks Atelier is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
4. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
8. Counseling clients at any time, can follow the procedure as described here. For more info please read here.
Clause 24. Expiry period
1. Every right of Client to compensation from InnerWorks Atelier shall, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
2. This clause does not apply to counseling.
Clause 25. Dissolution
1. Client has the right to dissolve the agreement if InnerWorks Atelier imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by InnerWorks Atelier is not permanent or temporarily impossible, dissolution can only take place after InnerWorks Atelier is in default.
3. InnerWorks Atelier has the right to dissolve the agreement with the Client, if Client does not fully or timely fulfill his obligations under the agreement, or if circumstances give InnerWorks Atelier good grounds to fear that Client will not be able to fulfill his obligations properly.
Clause 26. Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of InnerWorks Atelier in the fulfillment of any obligation to Client cannot be attributed to InnerWorks Atelier in any situation independent of the will of InnerWorks Atelier, when the fulfillment of its obligations towards Client is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from InnerWorks Atelier .
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery men or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which InnerWorks Atelier cannot fulfill one or more obligations towards the Client, these obligations will be suspended until InnerWorks Atelier can comply with it.
4. From the moment that a force majeure situation has lasted at least 60 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. InnerWorks Atelier does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Clause 27. Modification of the agreement
1. If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, parties shall (in mutual consultation) adjust the agreement accordingly.
Clause 28. Changes in terms and conditions
1. InnerWorks Atelier is entitled to amend or supplement these terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by InnerWorks Atelier with Client in advance as much as possible.
4. Client is entitled to cancel the agreement in the event of a substantial change to the terms and conditions.
Clause 29. Transfer of rights
1. Client cannot transfer its rights deferring from an agreement with InnerWorks Atelier to third parties without the prior written consent of InnerWorks Atelier.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Clause 30. Consequences of nullity or annullability terms and conditions
1. If one or more provisions prove null or annullable, this will not affect the other provisions.
2. A provision that is null or annullable shall in that case be replaced by a provision that comes closest to what InnerWorks Atelier had in mind when drafting the conditions on that issue.
Clause 31. Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in Amsterdam where InnerWorks Atelier is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Version 1.1, drawn up on April 11 2022 E-mail: firstname.lastname@example.org Website: www.innerworksatelier.nl