General Terms and Conditions |
Engage Talent
These general terms and conditions of Engage Talent, registered in the Dutch trade register under 83442936, apply to all services that have been or will be provided to you and any person related to you (the "client") by or on behalf of Engage Talent. Persons and/or entities affiliated to Engage Talent can invoke these general terms and conditions as third party stipulations within the meaning of section 6:253 of the Dutch Civil Code (“DCC”).
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Conditions for postponement
The client undertakes to inform Engage Talent at least eight weeks in advance of a possible change in the agreed times / dates.
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Cancellation Conditions
If the client cancels the program before the scheduled start date, the following cancellation fees apply due to preparations, administration, scheduling limitations, any expenses actually incurred and potential loss of income:
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Cancellation between 8 and 4 weeks prior to the start: 50% of the agreed fee.
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Cancellation between 4 weeks and 10 days prior to the start: 75% of the agreed fee.
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Cancellation within 10 days before the start: 100% of the agreed fee.
For individual coaching programs, Engage Talent offers a satisfaction guarantee. If the client is not satisfied after the first session ("kick-off session"), they may withdraw from the program free of charge, and any fees already paid will be refunded, unless actual expenses have already been incurred, in which case only those expenses will be withheld. This right of withdrawal applies only immediately following the kick-off session and must be exercised within 48 hours of that session.
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Liability
Engage Talent performs its obligations under a best-efforts obligation (inspanningsverbintenis) and gives no guarantee on result or goals. Engage Talent is only liable towards a client for damage which is a direct result of a failure attributable to Engage Talent in the fulfilment of the agreement and only if and insofar as the damage could have been avoided based on normal professional knowledge and experience and with due observance of normal attention and manner of professional practice. In no event shall Engage Talent be liable for consequential damage (such as loss of profits, loss of goodwill or loss of personnel). Engage Talent’s maximum liability is limited to 50% of the amount of the fee for the relevant assignment.
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Indemnification
The client indemnifies Engage Talent against any claims from third parties as well as any liabilities related thereto in connection with or resulting from the agreement and only in case such claim is not a direct result of an imputable act by or on behalf of Engage Talent. Engage Talent is free to engage with any third party and is authorized to limit any liability of any third party. The applicability of section 6:76 of the DCC is excluded.
Payment terms
Prior to the start of a program, the entire program is invoiced with a payment term of two weeks. Any actual expenses made will be invoiced when incurred.
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Termination
Engage Talent works on the basis of trust and willingness of clients. The client may immediately terminate the engagement at any time.
For individual coaching programs, the client has the right to cancel the engagement free of charge immediately after the kick-off session if they are not satisfied. In such case, any fees already paid will be refunded, except for any actual expenses already incurred. If the client decides to continue after the kick-off session, the full fee is due and no refund is possible in case of later termination.
Engage Talent may immediately terminate the engagement without refund in case the client breaches its obligations under this agreement.
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Cooperation and Provision of Information
Cooperation is key, which is why the client timely provides all relevant information and cooperation for correct execution of the agreement to Engage Talent. The client warrants the correctness and completeness of all information provided to Engage Talent.
Data Protection
The client consents to the processing of personal data under applicable rules and regulations. Personal data is treated confidentially and in accordance with the Privacy Statement on the website (www.engagetalent.nl).
Digital Communication
The client consents to the use by Engage Talent of common (digital) communication means. Engage Talent is not liable for any damages as a result thereof.
Confidentiality
Neither Engage Talent nor the client will disclose confidential information received from the other party or use it for any purpose other than (i) for which the confidential information is provided and/or (ii) the performance of the obligations or the exercise of rights pursuant to this agreement. Confidential information may include personal information about employees of the client which will not be disclosed to the client if it is reasonably known to Engage Talent that such information is shared in confidence.
Use of name and logo
Engage Talent may use the client’s name and logo in pitches, presentations, social media and on its website. Such use shall only occur in a positive manner and respecting any branding guidelines timely provided to Engage Talent.
Multiple Partners
Sections 7:404 and 7:407(2) of the DCC are excluded and any assignment is considered to be exclusively granted to Engage Talent.
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Documentation
Reproduction of Engage Talent documents or parts thereof may only take place after prior written consent.
Severability
If one or more provisions are (partly) invalid and/or unenforceable, these provisions will be replaced by legally valid and enforceable clauses with as much as possible a similar meaning to be discussed by parties in good faith. The invalidity and/or unenforceability of any provision will not affect the validity or enforceability of the agreement, including but not limited to these general terms and conditions.
Disputes
All relationships with clients shall be governed and construed in accordance with Dutch law. Any disputes arising out of or in connection with clients and/or this agreement shall be submitted to the exclusive jurisdiction of the competent court of Rotterdam.