

Our general terms and conditions
Article 1 - Definitions In this agreement,
the following terms are understood to mean:
AnderZ-Om: Located in Wolvega, registered with the Chamber of Commerce under number 82865140.
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Customer: The natural person, whether or not acting in the exercise of profession or business, or legal entity on whose behalf services are provided and/or work is performed.
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Client: The natural person who participates in a session or meeting of AnderZ-Om aimed at (but not limited to) individual coaching.
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Agreement: The agreement entered into between AnderZ-Om and the Client regarding the provision of services and/or the performance of work by AnderZ-Om on behalf of and for the account of the Client.
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Article 2 - Applicability
These terms and conditions apply to every quotation and Agreement between AnderZ-Om and the Client unless expressly deviated from by both parties.
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The applicability of any terms and conditions of the Client is explicitly rejected.
If one or more parts of these general terms and conditions are void or should be annulled, this does not affect the validity of the remaining provisions. In such a case, the Client and AnderZ-Om will consult to agree on a new provision to replace the null and void or annulled provision, as much as possible in line with the purpose and scope of the original provision.
These general terms and conditions also apply to additional and subsequent assignments.
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Article 3 - Quotations
Quotations and price estimates provided by AnderZ-Om are of a general nature and non-binding, unless explicitly stated otherwise by AnderZ-Om.
Quotations and/or offers from AnderZ-Om are based on the information provided by the Client. The Client guarantees that all necessary information is timely and truthfully provided to AnderZ-Om.
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AnderZ-Om cannot be held to a quotation and/or offer if the Client can reasonably understand that (a part of) the quotation and/or offer contains a clear mistake or clerical error.
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A combined quotation and/or offer does not oblige AnderZ-Om to perform a part of the quotation and/or offer for a corresponding part of the quoted price.
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Quotations and offers apply only to the work requested at the time. No rights can be derived from the provided quotation or offers for any future assignments.
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All amounts stated in quotations and price estimates exclude VAT and other government levies, unless explicitly agreed otherwise.
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Article 4 - Agreement
The Agreement between AnderZ-Om and the Client is established after confirmation of a mutually agreed-upon contract via E-mail or through a written signature.
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Modifications to the Agreement can only be made through written confirmation by AnderZ-Om.
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Article 5 - Execution of the Agreement
The services provided by AnderZ-Om are aimed at individual coaching.
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In carrying out the work and/or services, AnderZ-Om will act with the care of a good contractor.
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AnderZ-Om undertakes an obligation to use best efforts under the Agreement and does not guarantee the results of the Agreement.
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If a term is agreed upon within the duration of the Agreement for the completion of specific work and/or services, this is never a strict deadline for AnderZ-Om. If applicable, the Client must provide a written notice of default to AnderZ-Om.
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Article 6 - Cancellation
A scheduled course, training, session, and/or treatment can be canceled in writing up to 24 business hours in advance. Writing also includes E-mail.
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If the work or coaching is not (timely) canceled, AnderZ-Om is entitled to charge the reserved time and/or the (agreed) fee for the agreed-upon work or coaching to the Client.
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Article 7 - Obligations of the Client
The Client and/or participant will always provide all relevant information, whether requested or not, that AnderZ-Om needs for proper execution of the assignment.
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Article 8 - Force Majeure
In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, over which AnderZ-Om cannot exercise any influence, but which prevent obligations from being fulfilled. Illness during the performance of the given assignment falls under this.
During force majeure, the obligations of AnderZ-Om are suspended.
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If AnderZ-Om is prevented from completing the contract due to force majeure, it may, without any obligation to pay compensation and without prejudice to further rights, terminate, cancel, and/or dissolve this agreement without judicial intervention.
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The Client will always settle the fees owed for services already provided under this agreement to AnderZ-Om, also in the event of force majeure.
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Article 9 - Right to Suspend or Dissolve A
nderZ-Om is entitled to suspend the fulfillment of obligations or to dissolve the Agreement if:
The Client does not, does not fully, or does not timely comply with the obligations under the Agreement, or if AnderZ-Om has good reason to fear that the Customer will fail to comply with these obligations;
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The Customer was requested to provide security for the settlement of their obligations under the Agreement when it was concluded, and this security is not provided or is insufficient;
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There is (an application for) liquidation of the Customer, the Customer has been granted suspension of payments, the Customer has been declared bankrupt, the Natural Persons Debt Restructuring Act applies to the Customer, or curatorship of the Customer, if the Customer loses control over their assets or income in whole or in part, if the Customer sells their business, or if there is seizure of the Customers assets that is not lifted within 3 months.
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AnderZ-Om is also entitled to dissolve the Agreement if circumstances arise that make the fulfillment of the Agreement impossible or if other circumstances arise that make unaltered continuation of the Agreement unreasonably demanded from AnderZ-Om.
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If AnderZ-Om proceeds to suspend or dissolve, it is in no way obliged to pay compensation for any damages or costs incurred as a result.
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If AnderZ-Om rescinds the Agreement, all claims AnderZ-Om has against the Client become immediately due and payable.
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If the dissolution is attributable to the Client and if AnderZ-Om suspends the fulfillment of the Agreement, the Client is obliged to compensate the direct and indirect damages and costs to AnderZ-Om.
AnderZ-Om may always require additional security, failing which AnderZ-Om may suspend the fulfillment of the Agreement. If this requirement is not met, AnderZ-Om is entitled to suspend or refuse the fulfillment of all Agreements with the Client without being liable for any compensation and without waiving its other rights under this Agreement or the law.
Article 10 - Payment Terms
Payment must be made within 14 days of the invoice date in a manner specified by AnderZ-Om and in euros, unless explicitly agreed otherwise.
If the Customer fails to pay on time, they are legally in default and are liable for the statutory (commercial) interest. In this case, the Customer owes interest for each month, or part thereof, with part of a month being considered a whole month. The interest on the payable amount will be calculated from the moment the Client is in default until the time the full amount owed is paid.
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From the moment the Client is in ommission, they are also required to reimburse all incurred (out of court) judicial costs and enforcement costs related to the collection of the invoiced amounts. The out of court judicial costs are set at 15% of the principal amount, with a minimum of €72.50 exclusive of VAT, unless otherwise stipulated by law.
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AnderZ-Om can, without being in default, refuse an offer of payment if the Client designates a different order of attribution for the payment. AnderZ-Om can refuse full settlement of the principal amount if the outstanding and ongoing interest and (out of court) legal costs are not paid as well.
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Complaints regarding the invoice amount must be submitted in writing (including E-mail) within 7 days of the invoice date. After this period, complaints will no longer be considered and the right to complaints regarding the invoice amount for the Client lapses.
The Client is never entitled to set off the amounts owed to AnderZ-Om.
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Article 11 – Liability
AnderZ-Om is not liable for any damage, of any kind, arising from AnderZ-Om relying on incorrect and/or incomplete information provided by or on behalf of the Client.
AnderZ-Om is also not liable for any damage resulting from a physical or mental condition or state of mind present in the client.
If AnderZ-Om is liable for any damage, the liability is limited to a maximum of the invoice amount, or at least to that part of the amount to which the liability relates. For assignments with a duration of more than three months, a further limitation of the liability mentioned here applies to a maximum of the invoice amount over the last three months.
The liability of AnderZ-Om is in any case always limited to the amount of the payment from the insurer of AnderZ-Om in the relevant case.
AnderZ-Om is only liable for direct damage. AnderZ-Om is therefore never liable for indirect damage, including consequential damage, lost profits, and damage due to business interruption or limitations in the performance of (employment) activities.
Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage in the sense of these conditions, any reasonable costs incurred to have the defective performance of AnderZ-Om comply with the Agreement, insofar as these can be attributed to AnderZ-Om, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of AnderZ-Om.
Article 12 – Confidentiality
The parties undertake to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of the Agreement. Information is considered confidential if it has been indicated as such by the other party or if this results from the nature of the information.
If AnderZ-Om is required by law or a court decision to provide confidential information to third parties designated by law or the competent court, and AnderZ-Om cannot invoke a right of non-disclosure, AnderZ-Om is not liable for damages or compensation and the Client is not entitled to dissolve the assignment on the basis of any damage caused by this.
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Article 13 - Indemnification of Third Parties T
The Customer indemnifies AnderZ-Om against possible claims from third parties who suffer damage in connection with the execution of the Agreement and whose cause is attributable to parties other than AnderZ-Om.
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The Customer is obliged to assist AnderZ-Om both in and out of court if AnderZ-Om is held liable on the basis of the first paragraph of this article and to do everything that may be expected of the Client in that case without delay. If the Client fails to take adequate measures, AnderZ-Om is entitled, without notice of default, to do so itself. All costs and damage on the part of AnderZ-Om and third parties that arise as a result are entirely at the expense and risk of the Customer.
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Article 14 – Ownership
The advice provided by AnderZ-Om as well as the offered work and/or training material or otherwise are exclusively intended for the client itself and, subject to the client's permission, also intended for inspection by the Client.
AnderZ-Om retains all (intellectual property) rights to the advice provided by it as well as the offered work and/or training material or otherwise, even if costs have been charged for this or if improvements have been made after the sale.
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For the full or partial disclosure or provision of the provided advice, work and/or training material or otherwise to others than the Client and the client, prior written permission from AnderZ-Om is required.
The Customer indemnifies AnderZ-Om against infringements of intellectual property rights of others.
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Article 15 - Applicable Law
All Agreements between AnderZ-Om and the Client are exclusively governed by Dutch law.
Without prejudice to AnderZ-Om's right to submit a dispute to the competent court according to the law, disputes between the parties will initially be submitted to the competent court in the place of business of AnderZ-Om, unless the law prescribes otherwise.
Article 16 – General Data Protection Regulation (GDPR)
AnderZ-Om will take the necessary and appropriate measures under the General Data Protection Regulation (GDPR) by virtue of any form of agreement.
Personal data will be treated and/or processed in accordance with the Privacy Statement and/or Processing Agreement drawn up by AnderZ-Om.
The privacy statement can be found on the website.
The contractor realizes that despite all the security measures taken by AnderZ-Om, absolute certainty against consultation by unauthorized persons cannot be given and therefore indemnifies AnderZ-Om for this.
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Remark: This is a translation from the legal terms and conditions written in Dutch. In case of omissions the Dutch Terms and conditions prevail.