Konnekt General Terms and Conditions:

Konnekt is registered with the Chamber of Commerce under number 75472643 and is located at the

Hinderdam 70, 4208BN Gorinchem.

​

Article 1 Concepts

1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.

2. Konnekt also includes its employees.

3. Company: The natural or legal person who acts in the exercise of a profession or business.

4. Client: The natural person who does not act in the course of a profession or business.

5. Client: The Company or a Client who enters into a (distance) agreement with the Service Provider.

6. Service Provider: The natural person who offers services to the Client, hereinafter: Konnekt.

7. Offer: Any written offer to the Client for the provision of Services by the Service Provider.

8. Services: The services that Konnekt offers are (individual) coaching, (group) training and workshops.

9. Assignment: The execution of the agreement by Konnekt with regard to the services requested by the Client.

10. Agreement: The service agreement for which the Client has given the order.

11. The website that Konnekt uses is www.konnektcc.nl .

Article 2 Applicability

1. These general terms and conditions apply to every offer from Konnekt, every agreement between Konnekt and the Client and to every service and/or product offered by Konnekt. The present terms and conditions also apply to all agreements with Konnekt, for the execution of which third parties must be involved.

2. Before a (distance) agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Konnekt will indicate to the Client how the Client can view the general terms and conditions, which are in any case published on the Konnekt website so that the Client can easily store these general terms and conditions on a durable data carrier.

3. In principle, it is not possible to deviate from these general terms and conditions. In exceptional situations, the general terms and conditions can be deviated from if this has been explicitly agreed in writing with Konnekt. The general terms and conditions of the Client are expressly not applicable.

4. These general terms and conditions also apply to additional, amended and follow-up assignments with the Client.

5. If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.

6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.

7. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.

8. In principle, Konnekt adheres to the general terms and conditions of the NIP, even though Konnekt is not affiliated with the NIP. In the event of a conflict between the terms and conditions of NIP and these terms and conditions, these terms and conditions take precedence.

Article 3 The Offer

1. All offers made by Konnekt are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An offer is only considered if it has been laid down in writing.

2. Konnekt is only bound by an offer or quotation if the acceptance thereof is confirmed in writing by the Client within 30 days. Nevertheless, Konnekt has the right to refuse an agreement with a potential Client for reasons that are valid for Konnekt.

3. The offer contains a complete and accurate description of the product and/or service offered and the associated prices. The description is detailed in such a way that the Client is able to make a proper assessment of the offer. Obvious mistakes or errors in the offer cannot be binding on Konnekt. Any images and specific data in the offer are only an indication and cannot be a ground for any compensation or dissolution of the agreement (at a distance).

4. Delivery times in Konnekt's quotations are indicative and if they are exceeded, they do not entitle the Client to termination or compensation, unless expressly agreed otherwise.

5. A composite quotation does not oblige Konnekt to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price.

6. Konnekt has the right to refuse the agreement without stating reasons. Such a refusal does not entitle the Client to compensation or any other compensation for refusing the assignment.

7. If several clients place an order together or specify an order as a result of which an agreement is concluded or if several orders and/or orders are combined as a result of which an agreement is concluded, then each of the individual clients is jointly and severally liable for the fulfillment of all obligations arising from that agreement.

Article 4 Conclusion of the agreement

1. The agreement is concluded at the moment that the Client has accepted an Offer from the Service Provider.

2. If the Client has accepted the Offer by giving Konnekt an order, Konnekt will confirm the Client's order in writing by e-mail. Each offer is valid for a maximum of 30 days, after which Konnekt can no longer be held to an Offer.

3. Konnekt is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.

4. An Offer is only valid if it is made in writing by Konnekt to the Client.

5. The right of withdrawal does not apply if the services are made available within the reflection period of 14 days and are delivered immediately after purchase.

6. Konnekt is entitled to refuse a Client or participant without stating reasons.

Article 5 Duration of the agreement

1. If and insofar as an agreement has been concluded between the Client and Konnekt, the duration of this agreement will be in accordance with what the parties have agreed.

2. The agreement is tacitly extended by one month after the end of each month, unless the Client or Konnekt has terminated the agreement in writing with a notice period of one month before the end of the relevant month.

3. Both the Client and Konnekt can dissolve the agreement on the basis of an attributable shortcoming in the fulfillment of the agreement if the other party has been given notice of default in writing, and it has been given a reasonable term to fulfill its obligations, and it imputably fails to do so. . This also includes the payment and cooperation obligations of the Client.

4. The dissolution of the agreement does not affect the payment obligations of the Client if Konnekt has performed work or delivered services at the time of the dissolution. The client must pay the agreed fee.

5. Cancellation of the agreement is only possible with reimbursement of the costs actually incurred by Konnekt as well as 50% of the agreed price if the agreement is canceled three weeks before the commencement date. If this takes place two weeks before the commencement date, this is 75% of the agreed amount and from one week before the commencement date, the Client must pay the fully agreed amount. This does not affect Konnekt's right to claim additional compensation if the damage it has suffered exceeds this amount.

6.In the case of individual sessions with a Client, the Client must cancel the appointment at least two full working days in advance. If the appointment is canceled within these two working days, the full cost of the session will be charged. If the cancellation is due to illness, the Client must submit a doctor's statement. Only and only after presentation of the doctor's statement, no costs will be charged.

7. Both the Client and Konnekt can terminate the agreement in writing in whole or in part without further notice of default, with immediate effect if one of the parties is granted a moratorium, bankruptcy has been filed or the company concerned ends due to liquidation or other than the merger or reconstruction of the company. . If a situation as stated above occurs, Konnekt is never obliged to refund monies already received and/or compensation.

Article 6 Performance of the agreement

1. Konnekt will make every effort to perform the agreement with the greatest possible care, as may be expected from good workmanship. All services are performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing which is described in detail. In doing so, the rules and guidelines of the code of professional ethics are adhered to.

2. If and insofar as this is required for the proper execution of the agreement, Konnekt has the right to have certain activities performed by third parties at its own discretion.

3. When performing the services, Konnekt is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed services. If the instructions result in additional work for Konnekt, the Client is obliged to reimburse the additional or additional costs accordingly.

4. The Client shall ensure that all information, which Konnekt indicates is necessary or which the Client should reasonably understand to be necessary for the performance of the agreement, is provided to Konnekt in a timely manner. If the information required for the execution of the agreement has not been provided to Konnekt in time, Konnekt has the right to suspend the execution of the agreement and/or to charge the additional costs resulting from the delay to the Client in accordance with the usual rates. .

5. If agreed, the Client must provide available space and necessary materials for a (group) training.

6. Konnekt is not liable for damage, of whatever nature, that has arisen because Konnekt has based on incorrect and/or incomplete information provided by the Client.

7. If Konnekt or third parties engaged by Konnekt carry out work in the context of the assignment at the Client's location or at a location designated by the Client, the Client will provide the reasonably desired facilities free of charge.

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

9. If employees of the Client give an Order to Konnekt, Konnekt may trust that these employees will do so with the permission and on behalf of the Client, and the Client is obliged to fulfill all obligations arising from this agreement.

10. If the minimum number of participants is not achieved for the purpose of a training, the training will not take place. In consultation, a new date can be planned for the training. If more than the maximum number of participants have registered for a training, some of the participants will have to follow the training on a different day.

11. If a participant is unable to participate in the coaching or training due to illness, the participant in question can make a new appointment after consultation with a doctor's statement.

12. Before a start can be made with the therapy, an intake interview is held, which is only exploratory in nature to determine the actual request for help from the Client and to assess whether Konnekt can offer a suitable service.

13. During the treatment, Konnekt will point out to the Client any medical assistance it deems necessary for the Client. The service can be stopped by Konnekt at any time if Konnekt, in its sole discretion, deems the treatment no longer justified.

Article 7 Additional work and changes

1. If during the execution of the agreement it appears that the agreement needs to be adjusted and/or supplemented, or if further work is required at the request of the Client to achieve the desired result for the Client, the Client is obliged to pay for this additional work. according to the agreed rate. Konnekt is not obliged to comply with this request and may require the Client to conclude a separate agreement for this purpose.

2. If and insofar as a fixed price has been agreed for the performance of certain services, and the performance of those services leads to additional work that cannot reasonably be considered to be included in the fixed price, Konnekt is entitled to reimburse these costs after in consultation with the Client, to be charged to the Client.

Article 8 Prices and payment                                                                    

1. For Individuals, the price is shown including VAT. All prices are for companies exclusive of VAT and other taxes. The stated prices are also exclusive of lunch, drinks and training materials. If Konnekt has to incur additional costs for the performance of the service, this will be invoiced to the Client on the basis of subsequent calculation.

2. The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.

3. If the Client has a periodic payment obligation, Konnekt is entitled to adjust the applicable prices and rates (only) in accordance with the terms of the agreement in writing, with due observance of a term of at least three months.

4. The Client is obliged to pay Konnekt's services and/or products as specified in the agreement, and must pay the agreed amount within 14 days from the invoice date.

5. The client must pay these costs in one go to the account number and details of Konnekt that have been made known to him. Except in very special circumstances, the Client can only agree on a further term within which the amount owed must be paid after explicit written permission from Konnekt. If agreed, payment can also be made by pin or contact.

6. The parties can agree that an advance must be paid. If work is performed on the basis of an advance, this work will only be started after the advance has been received by Konnekt.

7. Reimbursement by the health insurer differs per practitioner. The Client is responsible for informing himself about this. If the Client wishes to be reimbursed, he must arrange this himself with his health insurer. Under no circumstances is Konnekt or the relevant practitioner responsible for this.

8. Konnekt has the right to immediately stop the therapy if the payment obligation has not been met or has not been met in time.

Article 9 Collection policy

1. If the Client does not meet his/her payment obligation, and has not fulfilled his/her obligation within the specified payment term of 14 days, the Client (if the Client has performed the assignment in the course of a profession or business without further notice of default) in default and the Client, being a consumer, will receive a written reminder with the request to pay the amount owed within the term set therein.

2. From the date that the Client is in default, Konnekt will (for consumers, after payment has not been made after the expiry of a further notice of default) without further notice of default being required to claim statutory (commercial) interest from the first day of default until full payment. , and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.

3. If Konnekt has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Client.

Article 10 (Complete) Delivery

1. If the commencement, progress or (completion) of the services or work is delayed because, for example, the Client has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, the payment or down payment has not been received in time by Konnekt or In other circumstances, which are at the expense and risk of the Client, Konnekt is entitled to a reasonable extension of the delivery or completion period. All agreed delivery times are never strict deadlines and exceeding this does not entitle the Client to compensation. The client must give Konnekt written notice of default and allow it a reasonable term to be able to deliver.

2. All damage and additional costs as a result of delay due to a cause referred to in paragraph 1 are for the account and risk of the Client and will be charged to the Client by Konnekt.

3. If there is a phased implementation, or if the Client has to give its approval, Konnekt is entitled to suspend the execution of the agreement until the Client has given its approval.

4. Konnekt will make every effort to provide the service within the agreed term, insofar as this can reasonably be expected of it.

5. The nature of Konnekt's activities means that the activities can only be started once all necessary information has been provided by the Client. The Client itself bears the risk and any (damage) if it has not provided the required information in time and expressly indemnifies Konnekt against all consequences and any damage resulting therefrom for the Client and Konnekt.

Article 11 Obligations of the Client

1. If a participant is replaced due to unforeseen circumstances of the participant and/or the Client, the Client must inform Konnekt of this as soon as possible.

2. The Client must adhere to the minimum and maximum number of participants for the relevant service.

3. At Konnekt's first request, the client must ensure that the requested facilities (such as a representative room, beamer, flipchart, etc.) as agreed in the agreement are made available.

Article 12 Risk transfer

The risk of theft and loss, misappropriation or damage to data, documents, software, data files and/or items that are used, made or delivered in the context of the execution of the agreement, is transferred to the Client at the time when these are actually in use. have been made to the Client's decision.

Article 13 Privacy, data processing and security       

1. Konnekt handles the (personal) data of the Client and Users of the website with care and will only use it in accordance with the privacy statement. The most recent version of the privacy statement is available on the website. Questions about the processing of personal data and further information can be sent by e-mail to mail.konnekt@gmail.com .

2. The Client is itself responsible for the processing of data that are processed using a Konnekt service. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Konnekt against any (legal) claim related to this data or the execution of the agreement.

3. If Konnekt is required to provide information security on the basis of the agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, is not is unreasonable.

4. Client gives permission for the processing of his personal data. The processing is, among other things, necessary for the performance of the service. If the Client withdraws its consent, the Client cannot use the services of the Client.

5. All personal data is processed in accordance with the conditions laid down by applicable laws and regulations, in particular the AVG  and the GDPR Implementation Act, are set to the processing of personal data.

6. Each individual practitioner with whom Konnekt works is responsible for the performance of his/her work, as well as the obligation to meet the requirements set for the processing of personal data.

Article 14 Suspension

1. Konnekt has the right to keep the data, data files, software and more that it has received or realized by it if the Client has not yet (fully) fulfilled its payment obligations, even if it would have been obliged to do so if it had been paid. to be.

2. Konnekt is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the agreement, including late payment of its invoices. The suspension will be immediately confirmed in writing to the Client. In that case, Konnekt is not liable for damage, in whatever form, as a result of the suspension of its activities.

3. If the Client has not fulfilled its payment obligation, Konnekt has the right to terminate the service (therapy) immediately. If, after payment, the Client still wishes to make use of the service, stricter or deviating conditions may be imposed.

Article 15 Force majeure

1. Konnekt is not liable if it is unable to fulfill its obligations under the agreement as a result of a force majeure situation.

2. Force majeure on the part of Konnekt in any case includes, but is not limited to: (i) force majeure of Konnekt's suppliers, (ii) failure to properly fulfill the obligations of suppliers prescribed by the Client to Konnekt, or recommended, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) Konnekt's illness (x) general transport problems and (xi) other situations that, in the opinion of Konnekt, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.

3. If a force majeure situation lasts longer than 2 months, the agreement can be dissolved by either party in writing. If any performance has already been performed on the basis of the agreement, in such a case settlement will be made on a pro rata basis without any liability on the part of each party to each other.

Article 16 Limitation of liability

1. If the provision of services and/or the execution of orders by Konnekt leads to liability on the part of Konnekt, that liability is limited to the costs charged in connection with the order with regard to direct damage. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability and the method of repair, as well as the costs of emergency provisions.

2. If the damage is caused by the actions of a practitioner, this practitioner must be held liable. Under no circumstances is Konnekt liable for damage caused by individual practitioners. Each individual practitioner has liability insurance.

3. Konnekt is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption and damage as a result of the use of services and/or products supplied by Konnekt.

4. Under no circumstances is Konnekt liable if the Client, outside the treatments, but at Konnekt's location, injures himself, makes suicidal attempts or commits suicide. Neither the Client nor third parties can hold Konnekt liable for this.

5. The amount of the compensation is further limited to the amount that Konnekt's liability insurance pays out per event per year, or to the amount that Konnekt can actually recover from third parties with regard to the event.

6. Konnekt is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website or that of linked websites.

7. Konnekt is not responsible for errors and/or irregularities or technical malfunctions or defects in the functionality of the website, software, malfunctions or the unavailability of the website for any reason whatsoever.

8. Konnekt does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Konnekt, nor for the timely receipt thereof.

9. The Client guarantees the correctness and completeness of the information and wishes provided by him/her with regard to the assignment. Konnekt expressly excludes all liability for (consequential) damage.

10. All claims by the Client due to shortcomings on the part of Konnekt will lapse if they have not been reported to Konnekt in writing and with reasons within six months after the Client was aware or could reasonably have been aware of the facts on which it bases its claims.

Article 17 Confidentiality

1. Konnekt and the Client undertake to maintain the confidentiality of all confidential information, including in any case the data, procedures, ideas and business-sensitive information obtained in the context of an assignment or therapy. Confidentiality arises from the assignment or from which one can reasonably expect that it concerns confidential information.

2. If Konnekt is obliged by law or a court decision to provide the confidential information to a third party or third party designated by the law or the competent court, and Konnekt cannot invoke a right of nondisclosure, Konnekt is not obliged to any compensation and the Client is not entitled to dissolve the agreement.

3. Konnekt and the Client also impose the confidentiality obligation on third parties to be engaged by them.

4. Everything that Konnekt discusses with the Client during the therapy is subject to professional secrecy. These will not be shared with third parties without permission, unless there is a legal obligation or a court decision to that effect.

5. Konnekt and its affiliated practitioners adhere to the professional rules of conduct for psychologists, including the professional code of ethics.

6. If the Client infringes the confidentiality obligation, the Client will immediately owe an payable (damage) compensation of EUR 7,500 per infringement with an increase of EUR 250 for each day that the violation continues. In addition, Konnekt is entitled to recover additional compensation from the Client.

Article 18 Intellectual Property Rights

1. All IP rights and copyrights of Konnekt rest exclusively with Konnekt and are not transferred to the Client.

2. The Client is prohibited from disclosing and/or multiplying, changing or making available to third parties all documents to which Konnekt's IP rights and copyrights rest without the express prior written consent of Konnekt.

3. The Client is prohibited from using the products to which Konnekt's intellectual property rights rest other than as agreed in the agreement. The Client is prohibited from using Konnekt's intellectual property rights other than for the purpose of the agreement.

4. Konnekt is entitled to make visual material of the participant after obtaining his/her permission, and to use these images for advertising and promotional purposes.

5. If the Client infringes Konnekt's IP and copyrights, the Client is immediately due and payable (damage) compensation of €10,000 per infringement with an increase of €250 for each day that the violation continues. . In addition, Konnekt is entitled to recover additional compensation from the Client.

Article 19 Retention of title

1. All goods delivered by Konnekt remain the property of Konnekt until the Client has fulfilled all the following obligations under all agreements concluded with Konnekt.

2. The Client is not authorized to pledge or in any other way encumber the goods subject to retention of title.

3. If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the Client is obliged to inform Konnekt of this as soon as can reasonably be expected.

4.  In the event that Konnekt wishes to exercise its property rights referred to in this article, the Client already now grants unconditional and irrevocable permission to Konnekt or third parties to be designated by them to enter all those places where Konnekt's property is located and to to take back.  

5. Konnekt is entitled to retain the product(s) purchased by the Client if the Client has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over from Konnekt. After the Client has still fulfilled its obligations, Konnekt will deliver the purchased products to the Client as soon as possible, but at the latest within 7 working days.

6. Costs and other (consequential) damage as a result of retaining the purchased products are for the account and risk of the Client and will be sent to the Client on first request.  Konnekt will be reimbursed by the Client.  

Article 20 File and inspection

1. If the Client, being an employer, chooses to have Konnekt keep a file about the course of the coaching, this is only possible in exceptional cases and if this has been explicitly agreed. In which case the Client must conclude an additional agreement with Konnekt.

2. The file is kept in accordance with the agreed frequency, remuneration and working method as described in the agreement and for which the Client or Client has given approval, for which additional costs can be charged. The data that is collected in any case are the diagnosis, treatment plan, communication with the Client or Principal, and notes about the progress of the treatment.

3. The right of access to the file only applies to the data subject. Under the GDPR, every data subject (Client) has the right to have this data destroyed if this data is no longer necessary for the execution of the agreement. This is stated in the privacy statement.

4. A Client who is not a data subject (Client) will only receive a general description in a general sense of what is generally going on among its employees and has been observed by Konnekt, provided that the data subject concerned has given permission. Konnekt does not go into details here.

5. If, as a result of participating in the workshop, training or coaching, a person involved takes decisions that directly or indirectly affect the Client and/or cause damage, Konnekt cannot be held liable for this. Participating in a workshop, training or coaching is entirely at the risk and responsibility of the participant and/or Client.

6. Client gives permission for the inspection itself and can also withdraw permission. If the Client withdraws its consent, Konnekt may as a result stop the service if the processing of the personal data is necessary for the performance of the service. The parties will discuss this. The client has the right to inspect, change his data, a copy, and the right to have the file destroyed and more in accordance with the AVG.

7. The data that is recorded in a file are the diagnosis, the treatment plan, communication and the progress of the treatment. Confidentiality is hereby strictly observed.

Article 21 Safeguarding and correctness of information

1. The Client itself is responsible for the correctness, reliability and completeness of all data, information, documents and/or documents that it provides to Konnekt in the context of an assignment. The Client is also responsible for this if this data comes from third parties.

2. The Client indemnifies Konnekt against any liability as a result of failure to fulfill the obligations from the previous paragraph or to do so on time.

3. The Client indemnifies Konnekt against claims by third parties with regard to intellectual property rights on the data and information provided by the Client, which can be used in the performance of the assignment or agreement.

4. If the Client provides Konnekt with electronic files, software or information carriers, the Client guarantees that these are free of viruses and defects.

Article 22 Complaints

1. If the Client is not satisfied with Konnekt's services or otherwise has complaints about the performance of its assignment, the Client is obliged to report these complaints as soon as possible, but no later than two months after the relevant reason that led to the complaint. . Complaints can be reported via mail.konnekt@gmail.com with the subject “complaint”. The client must indicate whether the complaint concerns the training or about coaching and/or supervision.

2. The complaint must be sufficiently substantiated and/or explained by the Client if Konnekt is to be able to handle the complaint.

3. Konnekt will respond substantively to the complaint as soon as possible, but no later than 14 days after receipt of the complaint. The parties will try to find a solution together.

Article 23 Applicable law

1. Dutch law applies to the legal relationship between Konnekt and the Client. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

2. Konnekt may unilaterally change these terms and conditions. The most current version can be found on the website.

3. All disputes arising from or as a result of the agreement between Konnekt and the Client will be settled by the competent court of the Noord-Holland District Court, Haarlem location, unless mandatory provisions designate another competent court.

​