GENERAL TERMS
AND CONDITIONS
Selene Coaching by Laura Irvine
1.
Selene Coaching is a coaching service company, registered in the Commercial Register of the Chamber of Commerce in Haarlem, the Netherlands, under number 98886045 (hereinafter referred to as “Service Provider”).
2.
In these General Terms and Conditions, “Service Provider” means Laura Irvine, trading as Selene Coaching. “Client” means the individual, company or institution that engages the Service Provider. “Coachee” means the individual participating in a guidance, advisory or coaching programme, where different from the Client. “Services” means all coaching, guidance, advisory and related services provided by the Service Provider.
3.
These General Terms and Conditions apply to all offers, quotations, assignments and agreements under which the Service Provider provides Services. Any deviation from these terms is only valid if agreed in writing. These terms also apply to additional assignments and follow-up assignments. Any purchase terms or other general terms of the Client do not apply unless the Service Provider has expressly accepted them in writing.
4.
Unless expressly stated otherwise, quotations and proposals are non-binding and remain valid for 30 days from the date of issue. Quotations are based on the information available to the Service Provider at the time they are issued. Prices are exclusive of VAT unless expressly stated otherwise.
5.
The Service Provider undertakes to perform the Services with reasonable care, professionalism and best efforts, in line with the professional standards applicable at the time of performance. Coaching Services will be delivered in accordance with the standards, ethics and code of conduct of the International Coaching Federation (ICF) to the extent applicable. The Services create an obligation of best efforts, not an obligation to achieve a particular result.
6.
The Client is responsible for providing, in a timely manner, all information that the Service Provider reasonably needs to perform the Services properly. If the required information is not provided on time, the Service Provider may suspend performance until the information has been received and may charge any additional costs or time reasonably caused by the delay. The Service Provider is not liable for any loss arising from reliance on incorrect or incomplete information supplied by the Client, unless the Service Provider should reasonably have recognised the inaccuracy or incompleteness.
7.
If, during the performance of an agreement, it becomes necessary to amend, supplement or adjust the agreed Services for proper performance, the parties will discuss this in good faith and amend the agreement accordingly. If such a change affects the timing, fee or scope of the Services, the Service Provider will inform the Client as soon as reasonably possible.
8.
The fees and payment schedule for a specific coaching programme are set out in the applicable Coaching Agreement or quotation. Unless otherwise agreed in writing, amounts due must be paid in the manner and within the time stated in the applicable invoice or Coaching Agreement. Where a coaching programme provides for payment in full before the first session, or by instalments before defined sessions, those payment milestones apply. If payment is not made on time, the Service Provider may suspend Services until the outstanding amount has been paid. Statutory interest and reasonable collection costs may be charged on overdue amounts.
9.
A coaching session that is cancelled or rescheduled by the Client with less than 24 hours’ notice, or that the Client does not attend without notice, may be charged in full. Either party may terminate an agreement in writing if the other party materially fails to comply with its obligations and, after receiving written notice of that failure, does not remedy it within a reasonable period. Services already delivered up to the date of termination remain payable in accordance with the agreement.
10.
All information relating to the coaching relationship, the Client, the Coachee and the Services will be treated as strictly confidential, unless disclosure is required by law or expressly agreed otherwise in writing. If the Client wishes the Service Provider to share private information with a third party, this will only be done with the Client’s explicit written consent. The Service Provider will not refer publicly or externally to an assignment without the Client’s permission.
11.
The Service Provider is entitled, without notice, to remove from its archives and destroy files and the documents contained therein, including documents which are owned by the client or third parties, in the event 5 years or more have passed after the relevant case has been closed.
12.
By entering into an agreement with the Service Provider, the Client agrees that the Service Provider may digitally store personal contact details, payment logs and coaching-related information for the purpose of delivering the Services and administering the coaching relationship. This information will be handled confidentially and used only for the Service Provider’s own activities in connection with the Services. Coaching notes and records may be retained for up to five years from the date the agreement takes effect, or, if later, for up to seven years following the end of the coaching relationship, unless the Client requests earlier deletion and such deletion is legally and professionally permissible. In the event of an International Coaching Federation audit into coaching hours, the Client agrees that the Service Provider may provide contact details to the ICF solely for the purpose of verifying that the coaching agreement existed. No personal coaching content will be shared with the ICF as part of that process.
13.
All intellectual property rights in materials, methods, models, documents, exercises, hand-outs, templates and other content provided by the Service Provider remain vested in the Service Provider or the relevant rights holder. The Client may use such materials only for the purpose for which they were supplied and may not reproduce, publish, modify or distribute them without prior written permission, except where this is reasonably necessary for the agreed use.
14.
Coaching is not psychological counselling, psychotherapy, psychiatric treatment, or medical advice. The Service Provider will use professional skill, care and best efforts in delivering the Services, but the Client remains responsible for the choices and actions they take following coaching. If the Service Provider reasonably considers that the Client would be better served by another coach or by another professional resource, the Service Provider may recommend this and may, where appropriate, suspend or end the coaching relationship.
15.
The Service Provider is only liable for direct loss or damage caused by intent or gross negligence. To the fullest extent permitted by law, the Service Provider is not liable for indirect loss, consequential loss, loss of profit, business interruption, or loss arising from decisions or actions taken by the Client following the coaching Services. Any liability of the Service Provider is limited to the invoice value of the assignment, or, if the assignment has a duration of more than six months, to the amount invoiced for the six months preceding the event giving rise to the claim. Where and to the extent that a liability insurance policy of the Service Provider responds to a claim, liability is further limited to the amount actually paid out under that policy, including any applicable excess borne by the Service Provider.
16.
The Service Provider may use the general knowledge, experience and non-confidential learnings gained in the course of providing the Services for other professional purposes, provided that no confidential information relating to the Client or Coachee is disclosed.
17.
Every agreement between the Service Provider and the Client is governed by Dutch law. Any dispute arising out of or in connection with an agreement to which these terms apply, and that does not fall within the jurisdiction of the district court, will be submitted to the competent court of Amsterdam, the Netherlands.
