Terms and Conditions

The following terms and conditions of Equanimity Training & Coaching have been filed with the Chamber of Commerce under KvK number 34366414.

1. Definitions

1.1. Agreement: the agreement between the Contractor and the Client for the purchase of one or more Training Products from the Contractor.

1.2. Contractor: Equanimity, located at Tip Maruggstraat 10, 1087 VR Amsterdam, and registered in the trade register of the Chamber of Commerce under number 34366414.

1.3. Training Product(s): the education, course, or training offered by the Contractor.

1.4. Open Enrollment(s): any registration for a Training Product from the Contractor that is not customized and is open for registration to everyone.

1.5. Individual Guidance and Coaching: a Training Product from the Contractor that is provided to an individual rather than a group.

1.6. In-Company and Customized Programs: all Training Products offered on a customized basis to a Client.

1.7. Client: the party commissioning the Contractor. Clients can be:
a. Natural persons who participate in a Training Product of the Contractor via Open Enrollment (within the context of exercising a profession or business).
b. Companies that commission the Contractor to provide In-Company and Customized Programs for staff members.

1.8. Conditions: these general terms and conditions

2. Applicability and Amendment of Conditions

2.1. Unless otherwise agreed in writing, the Conditions apply to all agreements with the Client and to additional assignments and follow-up assignments.

2.2. The applicability of any purchasing conditions or other conditions of the Client is expressly rejected.

2.3. The Contractor is entitled to amend the Conditions. Amendments to the Conditions also apply to existing agreements. The Contractor will announce amendments to the Conditions on http://www.equanimity.nu. The amended Conditions take effect 2 weeks after announcement, or at such later date as specified in the announcement.

3. General Rates

3.1. Payment of the Contractor’s invoices must be made within fourteen days of the invoice date, unless otherwise stated on the invoice.

3.2. The Contractor is entitled to suspend its obligations towards the Client, including but not limited to the Client’s participation in a Training Product of the Contractor, as long as the Client has not met all (payment) obligations.

4. Open Enrollment Rates

4.1. The Contractor invoices Clients for Open Enrollments immediately after registration, regardless of the start date of the Training Product.

4.2. Payment must always have taken place before the start date of the Training Product.

4.3. Any other assignment-related costs and administrative or office expenses may be charged by the Contractor to the Client.

5. Rates for In-Company and Customized Programs, Individual Guidance and Coaching

5.1. Parties may agree on a fixed fee upon the conclusion of the Agreement.

5.2. If no fixed fee is agreed upon, the fee will be determined based on the actual hours spent. The fee is calculated according to the Contractor’s usual hourly rates applicable during the period in which the work is performed, unless a different hourly rate has been agreed upon.

5.3. The Contractor will issue interim invoices for the work on a monthly basis or per partial assignment, unless it concerns a small assignment, in which case the Contractor will invoice at the end of the assignment.

5.4. The Contractor is permitted to change the rates semi-annually as part of a complete rate adjustment, provided that new rates are communicated to the Client at least one month before they take effect.

5.5. The Contractor is entitled to pass on price increases if, between the time of offer and delivery, rates regarding, for example, wages have risen.

5.6. The Contractor may increase the fee if, during the execution of the work, it appears that the originally agreed or expected amount of work was underestimated at the conclusion of the Agreement to such an extent that the Contractor cannot reasonably be expected to perform the agreed work for the originally agreed fee. In that case, the Contractor will notify the Client of the intention to increase the fee or rate. The Contractor will state the extent of the increase and the date on which it will take effect.

5.7. Time, travel, and accommodation costs related to the transport and overnight stays of the Contractor’s employees within the framework of the assignment may be invoiced by the Contractor to the Client.

5.8. If work is performed by the Contractor or third parties engaged by the Contractor at the Client’s location or a location designated by the Client, the Client shall provide the facilities reasonably required by those employees free of charge.

6. Engagement of Third Parties and Replacement of Teachers/Trainers

6.1. If and insofar as the proper execution of the Agreement requires, the Contractor has the right to have certain work performed by third parties.

6.2. The Contractor may, in consultation with the Client, change the composition of the assignment management or the assignment team if it believes this is necessary. The change must not be at the expense of the quality of the Training Product and must not adversely affect the continuity of the work.

7. Non-competition

Neither party may employ or negotiate employment with an auxiliary person (e.g., a freelancer) of the other party during the execution of the assignment and within one year after the end of the Agreement.

8. Intellectual Property Rights

8.1. All intellectual property rights, including but not limited to copyright, database rights, trademark rights, trade name rights, or patent rights, and other rights on and in connection with the course material, rest with the Contractor, the teacher, and/or third parties.

8.2. The Client is not permitted to reproduce or disclose course material in whole or in part without the prior written consent of the rightsholder.

8.3. The course material is exclusively for the Client’s own use. The Client guarantees that its employees also personally commit to complying with this condition.

8.4. Nothing in this Agreement can be interpreted as a transfer of intellectual property rights regarding course material.

9. Confidentiality/Confidential Information

9.1. Both parties are obliged to maintain the confidentiality of all confidential information they have obtained from each other or from another source within the framework of the Agreement.

9.2. The Contractor will only use the confidential information to (continue to) inform the Client about Training Products or related information.

10. Personal Data

10.1. The Contractor uses the personal data received from the Client to inform the Client about Training Products.

10.2. The Contractor processes the personal data provided by the Client in accordance with the Contractor’s privacy policy. The Contractor guarantees that the data subjects whose personal data are provided have been informed about the processing of their data by the Client.

11. Cancellation

11.1. For Clients of Open Enrollments, a statutory cooling-off period of 14 days applies, during which the Client can still decide to withdraw from the commitment. This must always be done digitally or in writing. For registrations within 14 days before the start of the training, the cooling-off period applies but expires at the first lesson moment if the student was present.

11.2. In the event of cancellation or change of the participation date by the Client of Open Enrollments and Individual Guidance and Coaching from the date of registration until 10 days before the actual start of the assignment, no participation fees will be charged. In the event of cancellation or change of the participation date within 10 days before the actual start of the assignment, 50% of the participation fees will be charged to the Client. In the event of cancellation or change of the participation date within 5 days before the actual start of the assignment, 100% of the participation fees will be charged to the Client. In the event of cancellation, we will refund within 14 days.

11.3. In the event of cancellation or change of In-Company or Customized Programs within 2 months before the actual start of the assignment, all costs actually incurred by the Contractor and to be specified by the Contractor will be invoiced to the Client. In the event of cancellation or change within 4 weeks before the actual start of the assignment, 50% of the total amount of the first agreed delivery term will be invoiced to the Client. In the event of cancellation or change within 2 weeks before the actual start of the assignment, 100% of the total amount of the assignment will be invoiced to the Client.

11.4. If costs have been incurred by the Contractor for a hotel and/or conference center for participation, all costs charged by the hotel and/or conference center to the Contractor will be invoiced to the Client.

11.5. Any refunds by the Contractor to the Client resulting from cancellation or changes to the start date will be paid by the Contractor within 14 days.

12. Liability

12.1. Although the utmost care has been taken regarding the content of the Contractor’s Training Products and course materials, the Contractor cannot guarantee the absence of errors in or the completeness of the Contractor’s Training Products and the course material. To the maximum extent permitted by applicable law, the Contractor and the teachers/trainers are not liable for such errors or omissions.

12.2. Except in cases of intent or deliberate recklessness on the part of the Contractor, the Contractor is not liable for damage suffered by the Client as a result of participation in a Training Product.

12.3. Should the Contractor be liable for any damage, the Contractor’s liability is limited to a maximum of the invoice value of the assignment to which the liability relates.

12.4. The Contractor is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business stagnation.

12.5. The Client indemnifies the Contractor against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Client.

13. Force Majeure

13.1. Illness and temporary or permanent disability of the Contractor exempts the Contractor from meeting the agreed delivery term or from its delivery obligation, without the Client being entitled to compensation.

13.2. If the force majeure situation lasts longer than 6 months, each of the parties is entitled to dissolve the Agreement, without obligation to compensate the other party for damage.

13.3. Insofar as the Contractor has already partially fulfilled the obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, the Contractor is entitled to invoice the already fulfilled or to be fulfilled part separately. The Client is obliged to pay this invoice as if it were a separate agreement.

14. Questions and Complaints

14.1. Questions about the services, course offerings, or of an administrative nature can be submitted by the Client via email to boris@equanimity.nu. The Contractor will answer questions in writing or by email within 7 days at the latest or send a confirmation stating the expected period within which the question will be answered.

14.2. Equanimity has a complaints procedure in which everything regarding complaints is regulated. This forms an integral part of these General Terms and Conditions and can be viewed by everyone at https://equanimity.nu/klachtenregeling/. A PDF can be sent upon request.

14.3. Anyone who has or wishes to enter into an agreement with Equanimity is obliged to use this complaints procedure in the event of a complaint. Everyone involved in a complaint will give their full cooperation to resolve it through the channels indicated therein.

14.4. Anyone who has a complaint first attempts to resolve it with Equanimity. If this is unsuccessful or if there are reasons why this is not possible, the complainant is free to start legal proceedings or to ask the independent complaints officer for a binding decision for all parties. As long as a complaint has not been resolved, all those involved will not disclose it to third parties and will handle all data confidentially.

15. Applicable Law

15.1. All legal relationships to which the Contractor is a party are exclusively governed by Dutch law, even if an obligation is performed entirely or partially abroad or if the party involved in the legal relationship is domiciled there.

15.2. The District Court of Amsterdam has exclusive jurisdiction to hear disputes, unless the law imperatively prescribes otherwise.

15.3. Parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.