General Terms and Conditions

For the readability of this document, it has been decided to write in the form of 'you and we' instead of 'client'. Where 'we' or 'our' is stated, the company Jouw Scriptiecoach B.V. can also be used. are meant, located in Santpoort-Noord and registered with the Chamber of Commerce under number 73825565.

Article 1. Applicability of general terms and conditions

These conditions apply to all work carried out on behalf of you, or at least the agreement.

We are always entitled to immediate and strict compliance with these conditions. If one or more provisions of these conditions are deemed unreasonably onerous in legal proceedings, the remaining provisions remain valid. And these conditions also apply to follow-up orders.

Article 2. Changes to these conditions

These conditions can be changed or supplemented at any time. In the event of a material change, you may cancel our agreement.

Article 3. Deviations from general terms and conditions

Do you disagree with a provision of these conditions and would you like to deviate from that provision? Then this is only possible with our written permission.
In the event of deviation from one or more provisions of the terms and conditions, the other provisions will always remain in force.
It also applies that if one or more provisions of these conditions have not been strictly applied during a period, you cannot derive any rights from this (now or in the future).

Article 4. Quotation

A quote is always without obligation and does not oblige you to anything. A quotation is valid for 1 month after the date of dispatch, unless a different period is indicated.

Article 5. Conclusion of agreement

Our agreement is concluded when you accept our (online) offer.
We assume that you accept our offer if you purchase hours (online), you make a payment for the hours, if we receive a signed quotation or a clear answer by (i.e.) email or if we can deduce from your behavior that you agree with the quotation.

Article 6. Right of withdrawal

If you purchase an online service, you always have the option to revoke (terminate or cancel) the agreement without giving reasons. You have a period of fourteen days for this. The period of 14 days starts on the day of entering into the Agreement, as explained in the previous provision.
If you wish to revoke our agreement, please report this within 14 days by using the Model withdrawal form or in another unambiguous manner, but always by email. You will receive a confirmation of receipt from us.
You will then receive your money back within 14 days of the day on which you report the cancellation. We will use the same payment method that you used for the refund, unless you agree to another method. The refund is always free of charge for you.

Article 7. What if we have partially carried out work?

If work under the agreement has been partly carried out during the reflection period of 14 days and you have agreed to commence that work within that period, we are never obliged to pay you the amount equal to the part of the agreement carried out by us. to pay back.
In that case, we will only refund the uncompleted part of the agreement yet to be executed. That part is equal to one (unit of) or more supervision hours. You hereby declare that you partially waive your right of withdrawal as described.

Article 8. What if we have already carried out all the work?

If and to the extent that we have fully carried out all work under the agreement during the cooling-off period of 14 days, the described right of withdrawal will lapse completely. You then hereby declare that you completely waive your right of withdrawal as described.

Article 9. What if 14 days have already passed?

If the agreement is terminated after the fourteen-day cooling-off period, you must pay the full amount.

Article 10. Activities & implementation of agreement

Our work, services and business activities are (aimed at) students like you.
For the proper execution of the agreement, we need all relevant information from you, or at least all information that is necessary for the proper execution of the agreement.
For relevant information, think of your education, a good problem description, documents, name and address details and possibly what is going on in the background.
We would like to receive the information in a timely manner in the form we require. You are responsible for the accuracy, completeness and reliability of that data.
We ensure that expert supervisors guide you. And, if we deem this necessary, we may engage third parties to carry out the work.
The dates and manner in which we will carry out the work will be determined in consultation.
If you do not cooperate or otherwise hinder the execution of the assignment, we may (temporarily) stop the work.
If there are matters during the agreement that may influence the execution of the agreement, you will inform us as soon as possible so that we can take the necessary measures in a timely manner.

Article 11. Beginning and end of the agreement

We enter into an agreement for a fixed period that ends when the agreed date or the number of hours is reached.
We may terminate the agreement with immediate effect if you do not (fully) comply with your obligations under our agreement or if we have received new information showing that (further) performance of the agreement is no longer acceptable to us.
But we may also terminate the agreement with immediate effect if there are circumstances that make compliance with the agreement impossible or if compliance with the agreement can no longer be expected of us according to standards of reasonableness and fairness. This is always the case if you do not provide information or do not provide it on time and do not respond to emails or do not respond in a timely manner.
If the agreement is terminated, the performance received in connection with the execution of the assignment will not be undone (so you will not get any money back).
Any damage you suffer because we terminate the agreement will be at your own expense.
If a term has been agreed within the term of the agreement for the completion of certain work, this will never be considered a strict deadline.

Article 12. Termination of agreement

Our agreement can always be canceled in writing. Please note that if you cancel while we have already started implementing the agreement, you are not entitled to a refund of any monies paid.
In any case, we can always claim compensation for work already carried out, costs incurred, loss of occupancy and loss of profit.
The preliminary results of the work carried out to date will be made available to you subject to conditions.

Article 13. Consequences of cancellation of agreement by us

If we terminate the agreement prematurely, we will, in consultation with you, arrange for the transfer of work still to be performed, unless the termination is based on facts that are attributable to you.

Article 14. Prices

Prices are in EURO and include VAT, unless stated otherwise. If, for example, but not limited to, the invoice or website contains an error, obvious mistake or typo, we are not bound by it.

Article 15. Payment

Payment is made directly in the webshop and always prior to our services. The confirmation will be sent to the email address you provided.

Article 16. Exceeding payment term

If another method of payment is agreed, you will automatically be in default if the payment term is exceeded. From that moment on, we may postpone our obligations until you have met your payment obligation.
If you are in default, we will proceed with collection. The costs related to this collection will be at your own expense. In any case, consider the statutory interest, extrajudicial collection costs and other (extra)judicial collection costs owed to me. The costs are calculated based on the WIK and BIK criteria.

Article 17. Rate of supervision hour

We charge a fixed hourly rate for a guidance hour that is known to you in advance. You can find our rates here.
For on-site guidance, at least one hour of guidance will be charged.
You purchase the guidance hour or hours prior to the start of the guidance. You can choose 1, 5, 10, 20 or 30 hours of online guidance and/or on-site guidance. If you opt for 1 hour of guidance and then wish to continue the guidance, you purchase (again) 1, 5, 10 or 20 hours. For example, if you first purchase 1 hour of online guidance, you will pay 1 x €75 prior to the guidance. For example, if you subsequently wish to purchase another 5 hours of guidance, you will pay 5 x €69 prior to the guidance.
Hourly credits will not be credited, with the exception of cases involving force majeure.

Article 18. Rate changes

The rate may be changed without giving reasons, with at least 1 calendar month prior to commencement. We will let you know at least one month before the change takes effect. You then have the right to terminate our agreement in writing within 4 weeks of this announcement.
The right to cancel expires one month after notification of the new rate list and/or transaction costs.
Agreements made in writing at the time of the old rate will continue to apply.

Article 19. Validity of supervision hours

A purchased guidance hour is valid for a maximum of two years, calculated from the date of purchase. We keep an accurate overview of the coaching hours purchased and spent. If your supervision hours have run out, you will receive a message from your supervisor via email. Although it is always your own responsibility to maintain your balance overview.
The overview is as up to date as possible, but takes into account a number of working days of processing time for your supervisor.

Article 20. Can you transfer supervision hours?

You cannot transfer supervision hours to another student.

Article 21. Cancellation

You can cancel an appointment free of charge no later than 48 hours before the appointment.
If the appointment is not canceled/rescheduled within 48 hours, the Supervisor can charge for an hour, because the time has been reserved for you and a new appointment cannot be scheduled at such short notice.
The cancellation is always a written notification that an agreed appointment cannot go ahead.
Naturally, situations involving force majeure are taken into account.

Article 22. Too late

You must inform your supervisor in a timely manner (at least 48 hours in advance) if you cannot keep an appointment.
If you arrive fifteen minutes later than the agreed time, the appointment can be shortened, this time can be declared by the supervisor or the appointment can be canceled or rescheduled by the supervisor.

Article 23. No show

If you do not use a scheduled guidance hour or hours without timely notification, 1 (one) hour will be declared. Timely notification means at least 48 hours before the start.

Article 24. Suspension and non-cooperation

In the event of a suspension of payment on your part, our claims are immediately due and payable. Finally, if you do not cooperate in the execution of the assignment, you are not entitled to a refund of monies paid.

Article 25. Complaints

If you have a complaint, we find it very annoying. We are happy to solve this together with you. Email your complaint (clearly described) to info@jouwschriftcoach.nl so that we can adequately investigate the complaint and provide an appropriate response.
Complaints must be made within a reasonable period of 14 days, we think later is more reasonable. A complaint does not give the right to postpone payment nor does it give the right to a refund of monies paid.

Article 26. Notice of default

Together we will always try to find a solution. If compliance is permanently impossible, you must first notify us in writing before liability may arise due to an attributable shortcoming in the fulfillment of the agreement. Please note: before the shortcoming can arise, please allow us a reasonable period to remedy the shortcoming.

Article 27. Liability

We carry out our work to the best of our knowledge and ability. But, we have an obligation of efforts and not an obligation of results. We will make every effort to guide you, but we cannot be held liable for the final result.
We cannot guarantee the assessment of the content and quality of the (partial) products. This is and remains your responsibility.
Liability on our part only arises if we continue to fail attributably after the reasonable period.
If we are already liable, we are only liable for direct damage resulting from failure to comply with our agreement (never indirect damage such as reputational damage, lost profits, consequential damage, missed savings, etc.) or if there is intent or deliberate recklessness on the part of our side.
This also means that we are not liable for correct and complete transmission of the contents of a sent e-mail, nor for timely receipt thereof, sending an e-mail to an incorrect address or exceeding a deadline.
Finally, we base our advice partly on information provided by you or your educational institution. We are therefore not responsible for advice given, suggestions made and/or instructions provided. It never gives you the right to compensation, to terminate the agreement or to take any other action against us.

Article 28. Limitation of liability

If we were liable, we would only be liable up to the amount that the insurer pays out in the relevant case.
If the insurer does not pay out anything, we will only be liable to a limited extent up to the last invoice amount with a maximum of € 1,500.00.
Limitations regarding our liability as included in these conditions expire in the event of intent or deliberate recklessness on our part.

Article 29. Indemnity

You indemnify us against all claims from third parties based on or related to the execution of the agreement, unless there is intent or deliberate recklessness on our part.

Article 30. Limitation

Finally, every claim and/or claim against us expires within 12 months after our agreement has ended.

Article 31. Force majeure

Force majeure occurs if we are prevented from fulfilling obligations under the agreement or its preparation as a result of, for example, but not limited to: an internet disruption, traffic problems, illness and we cannot find a suitable replacement, virus infection, hack, power failure, epidemic, pandemic, strike, theft, fire, tightened government measures and errors in software or (online) services from third parties.
But force majeure also means any event as a result of which compliance has become so difficult and/or expensive compared to the circumstance during the conclusion of the agreement that compliance can no longer reasonably be required. And a non-attributable shortcoming by third parties on which we depend, for example in the case of an on-site assignment.
Duration of force majeure: We may postpone our obligations for as long as the force majeure period lasts, unless this has now become demonstrably pointless for you. You must indicate this in writing. If the force majeure lasts longer than 60 days, we may both terminate the agreement in whole or in part.
Consequences of force majeure: We are not obliged to compensate each other for damage caused by force majeure. Not even if we enjoy a certain advantage.

Article 32. Confidentiality

We agree on confidentiality with regard to confidential information that we have obtained in the context of the conclusion and/or execution of our agreement.
Information is considered confidential if this has been communicated by the other person, if this arises from the nature of the information or if the other person could have known that the information given was confidential.
Justified breach of confidentiality: If we are obliged on the basis of a legal provision or a court decision to provide confidential information to a third party designated by the law or the competent court. If no right of non-disclosure can be invoked by law or by the competent court, you are not entitled to compensation or compensation, nor are you entitled to terminate the agreement.

Article 33. Intellectual property

Each party retains all intellectual absolute rights to all texts, advice, designs, writings, carriers with data or other information, quotations, images, sketches, etc.
The work to which the intellectual property of another party rests may not be copied, shown to third parties, reproduced and/or made available or used in any other way than for the purpose of our agreement without written permission.
We reserve the right to use the knowledge acquired through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.

Article 34. Review

We may ask you to write a review that we can post (possibly in a modified form) on the website and/or social media channels. At your request we will remove that review, unless this is not possible for technical reasons.

Article 35. Your privacy

We only process your personal data in the context of the agreement and no longer or more extensively than necessary for the execution thereof.
Unless we are obliged to act differently based on legislation or regulations. How we handle (personal) data can be requested by email or read the policy on our website.

Article 36. Competent court

If we come into conflict, we are happy to work with you to find a solution. Only if this does not work will we go to the judge in Haarlem of the North Holland District Court, unless the law prescribes otherwise.

Article 37. Applicable law

Only Dutch law applies to our agreement and these conditions.

General Terms and Conditions Jouw Scriptiecoach