General terms and conditions CoachingMatch

Article 1 - Definitions

1. CoachingMatch: CoachingMatch, based in The Hague, Chamber of Commerce number 90605187.

2. Coach: The person with whom CoachingMatch has entered into an agreement.

3. Client: A customer acting as a private person.

4. Parties: CoachingMatch, coach and client.

Article 2 - Applicability

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and supplies of services or products by or on behalf of CoachingMatch

2. CoachingMatch and the coach can deviate from these terms and conditions only if agreed in writing.

3. CoachingMatch and the coach expressly exclude the applicability of the general terms and conditions of the coach or others.

Article 3 - Prices

1. CoachingMatch charges prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

2. CoachingMatch may change the prices of its services and products on its website and in other communications at any time.

3. CoachingMatch will communicate price adjustments to the client prior to their effective date.

4. CoachingMatch may adjust prices annually.

5. CoachingMatch and the coach agree on a total amount for a service, unless otherwise agreed in writing.

6. A coach may terminate the agreement with CoachingMatch if he does not agree with the price increase, with one month's notice.

Article 4 - Payments

1. The client must abide by the payment arrangement made with the coach concerned.

2. The coach who enters into an agreement with CoachingMatch can choose from various forms of payment, as listed on the website when paying for a subscription.

3. Membership will be activated when payment is deposited in CoachingMatch's account.

Article 5 - Right of withdrawal

1. A coach may cancel an online purchase within 14 days of purchase without giving any reason.

2. The reflection period of 14 days in paragraph 1 begins once the coach's registration for membership is received by CoachingMatch.

3. The coach can make use of his reflection period by sending an e-mail with that subject to info@coachingmatch.net .

Article 6 - Warranty

1. Where the coach and CoachingMatch have entered into an agreement of a service nature, it contains for CoachingMatch only an obligation of effort and therefore no obligation of result.

Article 7 - Execution of the agreement

1. CoachingMatch shall execute the agreement to the best of its knowledge and ability and according to the requirements of good workmanship.

2. CoachingMatch may have all or part of the agreed services performed by others.

3. The execution of the agreement will take place after a written agreement and payment by the coach.

Article 8 - Provision of information by the coach.

1. The coach shall make all information, data and documents relevant for the correct execution of the agreement available to CoachingMatch on time and in desired form and manner.

2. The coach guarantees the correctness and completeness of the information, data and documents provided, even if they originate from third parties.

3. By agreeing to our terms and conditions, the coach also agrees to the way personal information is processed as set out in our privacy statement.

Article 9 - Service agreement duration and notice period

1. The agreement between CoachingMatch and the client for a service is entered into for the duration of 3, 6 or 12 months, unless something else follows from the nature of the agreement or something else has been agreed in writing.

2. After expiry of the periods in paragraph 1, the agreement is tacitly converted into an agreement for an indefinite period of time, unless the coach or CoachingMatch terminates the agreement with a notice period of 1 month.

Article 10 - Confidentiality

1. CoachingMatch shall keep secret all information from both coaches and clients that CoachingMatch knows or can reasonably suspect to be secret or confidential, or which CoachingMatch can expect to be disseminated to harm the coach or client.

2. CoachingMatch shall take all necessary measures to ensure that the information in paragraph 1 is kept confidential.

3. The duty of confidentiality defined in this article does not apply to information:

- Which was already public before CoachingMatch learned of it or which subsequently became public without being the result of a breach of CoachingMatch's duty of confidentiality.

- Which is disclosed by CoachingMatch pursuant to a legal duty.

4. The confidentiality obligation defined in this article shall apply for the duration of the underlying agreement and for a period of 3 years after its expiry.

Article 11 - Indemnification

1. The coach indemnifies CoachingMatch against all claims of others related to the products and/or services provided by CoachingMatch.

Article 12 - Complaints

1. The coach must examine a product or service provided by CoachingMatch for any deficiencies as soon as possible.

2. If a product delivered or service provided does not meet what the coach could reasonably expect, the coach must notify CoachingMatch within 7 days of identifying the deficiency.

3. A client must notify CoachingMatch no later than 14 days after identifying the deficiency.

4. The coach shall provide as detailed a description of the shortcoming as possible, so that CoachingMatch can respond appropriately.

5. The coach must demonstrate that the complaint relates to an agreement between coach and CoachingMatch.

6. If a complaint is about ongoing work, then the coach cannot demand that CoachingMatch undertake work other than that agreed.

Article 13 - Notice of default

1. The coach must give any notice of default in writing to CoachingMatch.

2. The coach is responsible for ensuring that his notice of default actually reaches CoachingMatch on time.

Article 14 - Coach's liability

1. Where CoachingMatch enters into an agreement with more than one coach, each is jointly and severally liable for fulfilling the agreements in that agreement.

Article 15 - Liability of CoachingMatch

1. CoachingMatch is liable for damages suffered by the coach only if such damages were caused by intent or deliberate recklessness.

2. Where CoachingMatch is liable for damages, this applies only to direct damages related to the performance of an underlying agreement.

3. CoachingMatch is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.

4. If CoachingMatch is liable, the liability is limited to the (part of the) invoice amount to which the liability relates.

5. All illustrations, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension.

6. CoachingMatch is not liable for contact, possible damages, results and/or failure to honour agreements as set out in the agreement between coach and client.

Article 16 - Expiry period

1. Any right of the Coach to compensation from CoachingMatch lapses 12 months after the event from which the liability arises directly or indirectly. As stipulated in Article 6: 89 of the Dutch Civil Code.

Article 17 - Dissolution

1. The coach may rescind the agreement if CoachingMatch imputably fails in the fulfilment of its obligations, unless such failure does not justify the rescission because of its special nature or minor importance.

2. If fulfilment of the obligations by CoachingMatch is still possible, dissolution can only take place after CoachingMatch is in default.

3. CoachingMatch may terminate the agreement with the coach if the coach does not fulfil his obligations under the agreement with the client in full or in a timely manner, or if CoachingMatch has become aware of circumstances that give it good reason to believe that the coach is engaged in unlawful practices that may adversely affect CoachingMatch.

Article 18 - Force majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of CoachingMatch cannot be attributed to CoachingMatch by the coach in case of force majeure.

2. The force majeure situation in paragraph 1 includes, inter alia:

- A state of emergency such as civil war or natural disaster

- Default or force majeure of suppliers, deliverers or others

- Power, electricity, internet, computer or telecoms failures

- Computer viruses

- Strikes

- Government measures

- Transport problems

- Adverse weather conditions

- Work stoppages

3. If a force majeure situation arises that prevents CoachingMatch from fulfilling 1 or more obligations to the coach, those obligations will be suspended until CoachingMatch can fulfil them.

4. From the moment a force majeure situation has lasted for at least 30 calendar days, both the coach and CoachingMatch may cancel all or part of the agreement in writing.

5. CoachingMatch does not have to pay compensation to the coach in a force majeure situation, even if CoachingMatch benefits from this.

Article 19 - Modification of agreement

1. If it is necessary for performance to amend a concluded agreement, the coach and CoachingMatch may amend the agreement by mutual agreement.

Article 20 - Modification of general terms and conditions

1. CoachingMatch may amend these terms and conditions.

2. Changes of minor importance may be made by CoachingMatch at any time.

3. Major changes will be discussed by CoachingMatch with the coach in advance as far as possible.

4. A coach may terminate the underlying agreement in the event of a substantial change to the general terms and conditions.

Article 21 - Transfer of rights

1. The coach cannot assign any rights under an agreement with CoachingMatch to others without the written consent of CoachingMatch.

2. This provision shall be considered a clause with effect under property law as in Article 3:83 paragraph 2 of the Civil Code.

Article 22 - Consequences of nullity or voidability

1. Should 1 or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.

2. A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what CoachingMatch had in mind when drafting the terms and conditions on that point.

Article 23 - Applicable law and competent court

1. These General Terms and Conditions and any underlying agreement between coach and CoachingMatch are governed by Dutch law.

2. The court in the district of CoachingMatch's place of business has exclusive jurisdiction to hear any disputes between the coach and CoachingMatch, unless the law provides otherwise.

Retrieved 19 September 2023.