General Terms and Conditions Hilarion Services
Article 1. Definitions
1. In these general terms and conditions the following terms have the following meanings:
– services: all products and services delivered by the contractor to the client, including coaching, training and other forms of guidance or advice, as well as all other activities of any nature whatsoever carried out for the client, performed within the framework of an assignment , including activities that have not been performed at the express request of the client.
– client: the person, company or body that provides the assignment for the services and / or if applicable, the person who takes part in a counseling process in the field of coaching, training or related services.
– contractor: Hilarion Services, a trade name of Union, Chamber of Commerce no .: 85070572, which uses these general terms and conditions for the provision of services.
Article 2. Applicability of these general terms and conditions
1. These general terms and conditions apply to all offers and agreements whereby the contractor offers or supplies services. Deviations from these conditions are only valid if they have been expressly agreed in writing.
2. Not only the contractor, but also all persons or companies involved in the execution of any assignment for the client, can invoke these general terms and conditions.
3. These general terms and conditions also apply to additional assignments and follow-up assignments from the client.
4. Any purchase or other general terms and conditions of the client do not apply, unless they have been explicitly accepted in writing by the contractor.
5. If there is any uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place “in the spirit” of these provisions.
6. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
7. If one or more provisions of these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The client and the contractor will then consult to agree on a new provision to replace the invalid or voided provision, as much as possible in accordance with the purpose and scope of the original provision.
Article 3. Offers
1. The offers made by the contractor are without obligation; they are valid for 30 days from their date, unless otherwise specified. The contractor is only bound by an offer if its acceptance is confirmed in writing by the client within 30 days without reservation or change, including a written confirmation of the acceptance of these general terms and conditions.
2. The prices in the offers mentioned are exclusive of VAT, unless stated otherwise.
3. Offers are based on the information provided by the client to the contractor. The Contractor may assume that this is correct and will base its offer on this.
4. The agreement is concluded by acceptance of the offer by the client as referred to in the last sentence of article 3 paragraph 1. Furthermore, the agreement is concluded if the contractor confirms in writing an agreement made between the client and the contractor or if the contractor commences the work assigned by the client by means of the order confirmation.
Article 4. Execution of the agreement
1. A binding agreement in accordance with Article 3 implies a best efforts obligation for the contractor and explicitly no obligation to achieve results. The contractor is obliged to perform the agreement to the best of its knowledge and ability in accordance with the requirements of good workmanship.
2. If and insofar as required for the proper execution of the agreement, the contractor has the right to have certain activities performed by third parties.
3. The contractor reserves the right to have work performed by third parties if the adviser, trainer or coach intended in the agreement is not available due to unforeseen circumstances.
4. The client will ensure that all data, of which the contractor indicates that they are necessary or of which the client should reasonably understand that they are necessary for the performance of the agreement, are provided to the contractor in a timely manner. If the information required for the performance of the agreement has not been provided to the contractor on time, the contractor has the right to suspend the performance of the agreement and to charge the client in all reasonableness for the extra costs resulting from the delay.
5. The contractor is not liable for damage, of whatever nature, when the contractor has relied on incorrect and / or incomplete information provided by the client.
Article 5. Contract duration and cancellation
1. The agreement ends when the performance is delivered and both parties have fulfilled all of the corresponding obligations.
Article 6. Amendments to the agreement
1. If during the execution of the agreement it appears that it is necessary for a proper execution to change or supplement the work to be performed, the parties will adjust the agreement accordingly in time and in consultation
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be affected. The contractor will inform the client of this as soon as possible.
3. If a change or supplement to the agreement has financial and / or qualitative consequences, the contractor will inform the client in advance.
4. If a fixed fee has been agreed, the contractor will indicate to what extent the change or supplement to the agreement will result in this fee being exceeded, after which the client is obliged to pay the changed fee.
1. The parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other in the context of their agreement. Information is considered confidential in advance if this has been communicated by the other party or if this arises from the nature of the information.
Article 8. Intellectual property
1. Insofar as copyrights, trademarks, models, trade names or other intellectual property rights are based on the services provided by the contractor for the performance of the agreement, the contractor is and remains the holder or owner of these rights. The client may only use the material carriers of these rights for the purpose for which they were provided to the client, not reproduce them and not change or remove copyright, trademark, model, trade name and other indications.
2. The contractor reserves the right to use the knowledge acquired during the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 9. Payment
1. Unless explicitly agreed otherwise, the contractor’s fee consists of a predetermined fixed amount per performance or per service provided and / or can be calculated on the basis of hourly or daily rates.
2. All fees are inclusive of government levies such as sales tax (VAT) as well as exclusive of travel and other expenses incurred on behalf of the client, including but not limited to invoices for third parties engaged for the benefit of the agreement.
3. Unless otherwise agreed in writing, payment must be made within 14 days after the invoice date, in a manner to be indicated by the contractor in the currency in which the invoice was made. Payment will be made without any deduction, settlement or suspension for whatever reason.
4. If the client has not paid the amounts due by the due date, the contractor is entitled to suspend all work to be performed for the client with immediate effect, without being held liable for damages in any way towards the client. .
5. If the client has not paid the amounts due by the due date, he will be given notice of default by the contractor and he will again be given the opportunity to pay the invoice within 14 days after the due date, failing which the contractor is in default. In such a case, the contractor is entitled to immediately dissolve the agreement, without any liability towards the client. The client is then liable for the damage suffered by the contractor.
6. In the event of payment default, the client will also owe default interest on the outstanding claims equal to the statutory interest.
7. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of the contractor against the client will be immediately due and payable and the contractor will also be entitled to immediately dissolve the agreement with the client, without any liability towards the client.
8. Payments made by the client always serve to settle in the first place all interest and costs owed, in the second place of due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
9. The contractor is entitled to demand payment (or equivalent security) before commencing its activities, such as but not limited to an advance payment to be paid by the client.
10. In the event that there are several clients, each client is jointly and severally liable towards the contractor for the payment of the total invoice amount if the work has been performed for all these clients.
Article 10. Collection costs
1. In the event that the client is in default, the contractor is obliged to collect his claim by legal means. In that case, the client is, in addition to the principal sum and interest owed, also obliged to reimburse all reasonable judicial and extrajudicial costs. This will always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if these exceed the legal costs to be awarded. The compensation for judicial and extrajudicial costs incurred amounts to at least 15% of the principal amount owed.
Article 11. Liability
1. The contractor will execute the agreement with the client to the best of its knowledge and ability on the basis of a best efforts obligation and explicitly not on the basis of a result obligation.
2. The contractor can only be held financially liable by the client for the property damage and / or personal injury suffered by the client during a session, course, training, guidance or coaching process at a location provided by the contractor if this can be attributed to an act or failure of the contractor. The contractor will never be liable for loss or damage to goods if this cannot be attributed to the contractor.
3. In the event that the contractor can be held liable in accordance with Article 11.2, the liability of the contractor (including any employees, partners and persons with whom the contractor has entered into a partnership), due to an attributable shortcoming in the fulfillment of the agreement, or a wrongful act, or based on any other legal basis, limited to the compensation of only direct damage of the client – explicitly not including immaterial damage and / or business damage, including loss of profit – limited to the amount paid out by the Contractor’s professional liability insurer in this regard, increased with its own risk under that insurance.
4. If, for whatever reason, no insurance payment is made, the liability of the contractor towards the client is limited to the fee of the assignment to which the liability relates and in the event that this does not stand up in law, the maximum liability of the contractor is limited. up to an amount of 5,000 euros.
5. The contractor is never liable to the client if the damage that has arisen is the result of an act or omission or carelessness on the part of the client or if the client does not follow the instructions of the contractor.
Article 12. Cancellation / termination of the agreement
1. The contractor has the right to cancel a session, course, training, guidance or coaching trajectory without giving any reason or to refuse participation of a client or to refuse the participant designated by the client, in which cases the client is entitled to repayment of the full amount paid by the latter to the contractor.
2. The client of a session, course, training, guidance or coaching trajectory has the right to cancel participation in or the assignment for a session, course, training, guidance or coaching trajectory in writing. It is the responsibility of the client to ensure that the letter has actually been received by the contractor.
3. Cancellation by the client of the assignment can take place free of charge up to 3 days before the start of the session, course, training, guidance or coaching trajectory, except for 20 euros cancellation costs, unless the contractor has had to incur costs for the assignment which he has not. more can cancel free of charge. In such case, the client is obliged to pay (part of) these costs.
In case of cancellation within 3 days before the start of the session, course, training, guidance or coaching trajectory, 100% of the amount agreed upon in the assignment will be charged. Amounts up to (and including) 20 euros will not be returned.
4. If the client or the participant designated by the client terminates the participation prematurely after the start of the session, course, training, guidance or coaching trajectory or otherwise does not participate, the client is not entitled to any reimbursement of parts not used. of the session, course, training, guidance or coaching trajectory, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
5. If one of the parties substantially fails to fulfill its obligations and, after having been explicitly informed of this by the other party, does not comply with this obligation within a reasonable period of time, the other party is entitled to terminate the agreement without the terminating party owes any compensation to the defaulting party. The services provided until termination will be paid in the agreed manner.
Article 13. Additional conditions and disclaimer with regard to sessions, courses, training and guidance or coaching trajectories
1. By signing the registration form and / or paying the registration fee, the client declares to agree with these conditions.
2. Payment can be made in installments in consultation.
3. Participation in a course or retreat is entirely at your own risk. Contractor is not liable for injury and / or damage of any kind as a result of the participant’s stay and / or activities, nor for loss or damage to property.
4. The activities as offered by the contractor are intended as leisure activities and not as a substitute for medically necessary treatments or therapy. Therefore always discuss physical and / or psychological complaints with a qualified doctor.
5. A session or workshop can never replace a medical advice from a doctor or a medical expert. Consultations and / or workshops can be a valuable addition on the way to healing and recovery. Advice from the consultations and coaches is not intended as a substitute for regular treatments.
6. The participant is requested to state in advance whether he / she is being treated by a psychologist, psychiatrist or other therapist. Use of medication must also be reported.
7. The contractor advises you never to postpone the timely search for professional medical care or never to neglect medical advice already obtained on the basis of (online) information provided by the contractor.
8. Every session, course, training or guidance or coaching trajectory can take a few hours to days or weeks to integrate. Take into account possible effects on your body and on your mind. Effects such as: muscle pains, itching, pimples, fatigue, cold, depression, anger, disorientation, and / or emotional processing. If you have any questions about this or if it takes a long time, please feel free to contact us.
9. The information from the sessions and workshops is personal and will not be provided to third parties by the contractor. Unless in consultation with the client in his / her interest.