Terms and Conditions Be Rooted
Company: Be Rooted
Address: Van Alkemadelaan 7,
2597 AA, The Hague
Phone: +31 6 40 26 99 53
IBAN: NL61TRIO 0379709902
Chamber of Commerce The Hague: 75544423
BTW/ VAT-ID: NL001980378B33
General
These general terms and conditions apply to all offerings provided by Be Rooted. As Be Rooted, we set a number of conditions to the delivery of our services. These are basic agreements, applicable to the services that Be Rooted provides to the client.
Registration
Registration for an offer is made by fully completing and submitting the registration form. Your registration will be finalized by a confirmation email that you will receive immediately after registration.
Payment conditions
You can pay for the offer when you have received the invoice from us. As a rule, the invoice is sent to you by e-mail, unless you have indicated that you would like to receive an invoice by mail.
The invoice must be paid within 14 days of the date. If you do not pay the invoice within the payment period, we reserve the right to give your reserved place to another interested person. Your obligation to pay will remain in force.
If you would like the name and/or address on the invoice to be different from the name and/or address we have on record (e.g. your employer), we would like to hear from you as soon as possible.
Cancellation
If you wish to cancel your registration for an offer, please note the following cancellation fees:
The legal cooling-off period is 14 days from the registration date. No cancellation fees apply during this period.
If the offer begins within 14 days of enrollment, you agree to waive the cooling-off period.
No fee is due for cancellation up to four weeks prior to the start of the offer.
If you cancel between three and four weeks before the start of the offer, you will be charged 50% of the amount due.
If you cancel within three weeks before the start of the offer, you will owe the entire amount.
Cancellation must be made in writing: by mail to Be Rooted’s address or by email (barbara@berooted.nl).
If the person who cancels provides a substitute themselves, no additional fees will be due.
Missed meetings cannot be made up due to the nature of the offering.
If the participant is forced to be absent due to unforeseen circumstances, an attempt will be made to find a suitable solution by mutual agreement.
In case of insufficient registrations for an offer, Be Rooted reserves the right to reschedule the offer to a later time or to cancel the offer. In case of full cancellation, already paid amounts will be refunded within five working days.
Confidences
All personal information provided to Be Rooted by participants of the offer is confidential and will be treated as such by Be Rooted. Be Rooted will never share with third parties any of the participants’ data entrusted to it either verbally or in writing, unless explicit written consent has been given by the participant.
Copyright and property
Unless explicitly stated otherwise in writing, the copyright on the offer and related materials belongs to the person with whom the intellectual property lies within Be Rooted. Without the express written permission of this person, teaching materials may not be reproduced or made available to third parties in any way or used for the benefit of third parties.
Lesson materials distributed during the offering are the property of the participant.
Complaints
All disputes will be settled amicably according to Be Rooted’s complaints procedure.
Disclaimer
Be Rooted cannot be held liable in any way for physical injury or psychological distress of the participant, nor for theft or loss of personal property.
Chapter 1: General part
Article 1 – Defenitions
In these general terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise.
a. Contractor: Be Rooted
b. Client/Participant: The Contractor’s counterparty.
c. Assignment: The activities to be determined by mutual agreement between the Client and the Contracted Party and the conditions under which they are to be performed by the Contracted Party.
d. Offering: The offerings given by the Contractor consisting of: consulting, strategic assignments and trainings, retreats, programs.
Article 2 – Applicability
2.1 The general conditions apply to all work, quotations and agreements for Client.
2.2 Amendments or supplements to these conditions are only binding if and insofar as they have been confirmed in writing by Contractor.
Article 3 – Validity
3.1 These general terms and conditions of delivery regulate the legal relationships between
Client and Contractor. Moreover, they form an integral part of the Agreement.
3.2 If the parties wish to deviate from any provision of these conditions in mutual consultation, this must be recorded in writing.
3.3 Once the general conditions apply, they also apply to new agreements between the parties without further explanation.
Article 4 – Quotations
4.1 Unless otherwise expressly agreed, all quotations are without obligation.
4.2 A quote from the Contractor always has a validity period of 14 working days, unless otherwise indicated.
4.3 If no agreement has been reached with the Contractor within this period, the other party can no longer derive any rights from it. After the expiry of 14 working days, the offers will lapse in their entirety.
Article 5 – Agreement
5.1 Based on the quotation, the order for the services to be performed and the conditions under which they will be carried out will be laid down separately in an agreement between the Client and Be Rooted. Be Rooted has a best-efforts obligation with respect to the performance of the assignment.
5.2 Agreements between Be Rooted and the Client shall be concluded after the order confirmation/agreement has been signed in writing by the Client and in the absence of an order confirmation in writing – at the moment Be Rooted proceeds to execute an order given to it by the Client.
5.3 The agreement is valid for the period specified in the order confirmation.
5.4 If the duration of the agreement is not explicitly defined in the agreement, the agreement shall be deemed to have been entered into for an indefinite period of time.
5.5 If the agreement has been entered into for an indefinite period of time, termination can only take place with due observance of a period of 1 month, unless Be Rooted and the Client have agreed otherwise. Termination must be effected in writing.
5.6 If the agreement has been entered into for a definite period of time, termination can only take place with due observance of a period of 1 month, unless Be Rooted and the Client have agreed otherwise. Termination must be effected in writing.
5.7 The Client is obliged to check the agreement sent by Be Rooted for accuracy and completeness.
Article 6 – Modification of the Agreement
6.1 If before or during the execution of the agreement it appears that for a proper execution of the agreement it is necessary to modify or supplement the agreement, the parties will timely and in mutual consultation adapt the agreement accordingly.
6.2 If the parties agree that the Agreement will be amended or supplemented, this may affect the time of completion of the performance of the Agreement. In such case Be Rooted will confirm to the Client in writing both the amendments and/or additions to the agreement and the adjusted time of completion of the performance of the agreement.
6.3 If the amendment of or addition to the agreement will have financial and/or qualitative consequences, Be Rooted will inform the Client of this in writing.
6.4 If a fixed price is agreed for the work to be performed by Be Rooted, Be Rooted will indicate to the Client in writing whether, and if so to what extent, the amendment or supplement to the agreement will result in the fixed price being exceeded.
Article 7 – Disclaimer
7.1 The Contractor undertakes to carry out the consultancy work to the best of his knowledge and ability and in accordance with the requirements of good professional practice.
7.2 Despite all due care, Contractor accepts no liability for damage resulting from any act or omission based on the information obtained, unless Contractor can be blamed for intent or gross negligence.
7.3 If the Contractor is at any time liable for any damage, this shall be limited to a maximum of the invoice amount for the work to which the damage relates and shall never exceed the amount paid out by the Contractor’s insurer in the case in question.
7.4 In no case shall the Contractor be liable for indirect or consequential damage, such as loss of income.
7.5 Be Rooted reserves the right to suspend its obligations in the case of force majeure, or to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. Be Rooted is in no way obliged to pay the Client any penalty or compensation for damages in this respect.
Article 8 – Secrecy and Confidentiality
8.1 Contractor undertakes to keep secret all information received in the context of the assignment concerning the Client’s company, of which it may suspect to be of a confidential nature.
8.2 Be Rooted therefore undertakes to observe strict confidentiality, both during and after the term of the agreement, with respect to all specific knowledge and know-how acquired during the term of the agreement with respect to the Client’s internal organisation, its know-how, business developments and its Principals and all persons, companies and/or institutions cooperating with them.
Article 9 – Other Provisions
9.1 The Contractor shall send an invoice upon completion of the work. If the execution of the order extends over a period longer than one month, the work performed will be invoiced on a monthly basis.
9.2 Payments should be made within 14 days of the invoice date, unless otherwise agreed in writing.
9.3 Travel expenses and travel time, unless stated separately in the quote and agreement, are not included in the prices of the support process.
9.4 Complaints about invoices must be submitted in writing, if necessary by registered mail, within eight days of the date of the invoice.
9.5 If the Contractor has not received the amounts due within the agreed period, the Contractor shall send a reminder once. If the Client subsequently fails to pay the amounts due within the agreed period, the Client shall owe statutory interest on the outstanding amount, without any notice of default being required.
9.6 If, after notice of default, Client still fails to pay the claim, the claim may be passed on to a third party, in which case Client shall be liable, in addition to the total amount due at that time, for the full reimbursement of extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs established in court, relating to the collection of this claim or of legal action otherwise, the amount of which is set at a minimum of 15% of the total amount
Article 10 – Applicable law and disputes
10.1 This Agreement and any disputes arising therefrom shall be governed exclusively by the laws of the Netherlands.
10.2 In the event of a dispute that cannot be resolved between the parties, each of the parties is entitled to submit the dispute to the competent court.
Article 11 – Final Provisions
11.1 The Contractor is entitled to amend these General Terms and Conditions. The most recently filed version of the General Conditions shall always apply.
11.2 In the case that one or more provisions of these General Terms and Conditions prove to be null and void or are annulled, these General Terms and Conditions shall otherwise remain in force.
Chapter 2 – Additional terms and conditions for the Offering
(Consulting, Strategic assignments, training, retreats & workshops)
Article 12 – General
12.1 In addition to the terms and conditions included in Chapter 1, the following terms and conditions shall apply to agreements between Be Rooted and the Client/Participants, in the context of which Be Rooted provides the Client/Participants with training courses, workshops, retreats, teambuilding and personal coaching on days or parts of the day as an (additional) assignment.
Article 13 – Basis
13.1 Be Rooted’s offers and activities are based on the information provided by the client/participant. The client/participant guarantees that, to the best of his/her knowledge, he/she has provided all the essential information for the structure and execution of the training course, workshop, retreat, teambuilding and personal coaching. Be Rooted will carry out its services to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship. This obligation has the character of a “best efforts obligation”, unless agreed otherwise
Article 14 – Provision of information by Client/Participant
14.1 In order for the execution of the assignment to proceed properly and as far as possible according to the time schedule, the Client/Participant shall provide in good time all documents and information required for the execution of the assignment.
This also applies to the provision of employees of the Client own organization who are or will be involved in our work.
Article 15 – Cancellation policy for meetings, trainings, retreats and workshops
15.1 Cancellation of the training or workshop by Client/Participant must be made in writing by e-mail.
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Cancellation from 3 to 4 weeks before the start of the training will cost 50% of the participation fee.
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Cancellation less than 3 weeks before or after the start of the training obliges to pay 100% of the participation fee.
15.2 If a fee per participant has been agreed, the same provisions apply to cancellation or no-show due to illness as mentioned above in Article 15.1 under points 1 and 2.