Article 1 Definitions
Kuunganisha training and coaching:
Kuunganisha training and coaching shall mean all persons performing work under this name.
Client/Participant:
Client” or “participant” means the (legal) person with whom Kuunganisha training and coaching has entered into a (training) agreement.
Work:
Work” means the training, education, study trip, course, workshop, program seminar, conference, study day, event, guidance, counseling or coaching organized by Kuunganisha training and coaching.
Article 2 Applicability
2.1 These General Terms and Conditions apply to all offers, activities, training courses, quotations and agreements between Kuunganisha training and coaching and the Customer unless otherwise agreed in writing.
2.2 General (purchase) conditions, under any denomination, of the Customer are excluded.
Article 3 Agreement
3.1 An agreement between Kuunganisha training and coaching and the Customer is formed after Kuunganisha training and coaching has received the quotation, order confirmation or registration form from the Customer, signed for approval, or after Kuunganisha training and coaching has accepted an offer in writing.
3.2 The agreement is terminated as soon as the invoice is approved and paid by the Customer, within a period of 14 days. If the Customer has not complained in writing within this period, the invoice shall be deemed to have been approved.
3.3 Premature termination of the agreement must be effected by registered letter. If the Customer terminates the agreement prematurely, the Customer shall owe the full amount agreed, as well as all costs incurred by Kuunganisha training and coaching as a result of the termination.
3.4 If the Customer cancels the agreement entered into with Kuunganisha training and coaching before Kuunganisha training and coaching has started to carry out the agreement, the Customer will owe Kuunganisha training and coaching the following fee. For cancellations more than one month before the start of the work, 25% of the agreed amount; for cancellations less than one month before the execution of the work, 50% of the agreed amount. Cancellation from 14 days to commencement is 100% of the agreed amount. Cancellation without costs is not possible after returning a signed agreement/participation form.
3.5 On SoulSafari of Kuunganisha training and coaching specific conditions are applicable that are mentioned on the application form that needs to be signed and returned. These additional conditions are binding.
Article 4 Activities
4.1 Kuunganisha training and coaching will make every effort to carry out the work to the best of her knowledge and ability.
4.3 Deadlines quoted by Kuunganisha training and coaching are not strict deadlines. Exceeding deadlines will not lead to liability of Colbers-advies unless it is a matter of gross fault or gross negligence.
4.4 The work is terminated as soon as the term in article 3.2 has expired and the conditions mentioned in that article have been fulfilled.
Article 5 Liability
5.1 Kuunganisha training and coaching is liable only for any damages that are the direct and immediate result of a shortcoming in the performance of the work attributable to Kuunganisha training and coaching. The liability applies to a maximum of the amount of the agreement. Kuunganisha training and coaching is never liable for consequential loss.
5.2 Kuunganisha training and coaching is liable for damages resulting from work delivered by Kuunganisha training and coaching pursuant to the agreement, advice given or damages caused by persons engaged by Kuunganisha training and coaching only if there is evidence of intent and/or gross negligence by Kuunganisha training and coaching and/or by third parties engaged by Kuunganisha training and coaching.
5.3 The Customer indemnifies Kuunganisha training and coaching against all claims by third parties for damages suffered by them, arising from the agreement between the Customer and Kuunganisha training and coaching, unless in the case of gross negligence and/or intention by Kuunganisha training and coaching.
Article 6 Confidential information/secrecy
6.1 The Customer is obliged to provide all information and documents that Kuunganisha training and coaching requires for the proper performance of the agreement, in a timely manner and in the desired form and manner. If the Customer so requests, the documents received will be returned or destroyed after termination of the agreement. Kuunganisha training and coaching and/or third parties engaged by it will treat the information obtained from the Customer as confidential.
6.2 The costs of any delay in the performance of the agreement as a result of the failure to provide the information and documentation requested, or failure to do so on time or in the proper form, shall be borne by the client.
Article 7 Intellectual and industrial property
7.1 The intellectual and industrial property rights to the services and materials provided by Kuunganisha training and coaching rests with Kuunganisha training and coaching. Participants in open activities are permitted to use the materials provided by Kuunganisha training and coaching for their own activities only with reference to the source.
7.2 Customer is not authorized to offer services or products from Kuunganisha training and coaching to third parties, unless with written permission. For each breach of this provision the Customer shall owe Kuunganisha training and coaching a penalty of € 5,000 per event, without prejudice to Kuunganisha training and coaching’s right to claim compensation for the full direct or indirect loss.
Article 8 Payment and invoicing
8.1 Unless otherwise agreed, the participant must pay 50% of the total invoice after signing the registration form and 100% before the start of the training unless otherwise agreed in an established contract.
8.2 Payment of the invoice shall be made within 14 days of receipt, unless otherwise agreed in writing.
8.3 All prices charged by Kuunganisha training and coaching are exclusive of VAT. For so-called tax “non-exempt” activities, the applicable VAT will be charged.
Article 9 Complaints
9.1 The Customer shall report complaints and/or comments about products and services delivered by Kuunganisha training and coaching to Kuunganisha training and coaching by registered letter within 14 days of discovery. A complaint or other comment does not release the Customer from the obligation of timely payment.
9.2 Kuunganisha training and coaching will deal with the complaint within 5 working days and will inform the Customer within 3 working days.
9.3 Complaints will be handled within 4 weeks. If this period is expected to be exceeded, the Customer will be informed in advance.
9.4 Complaints and the manner in which they are handled will be registered and kept for a period of 2 years.
9.5 A complaint will always be handled in confidence.
Article 10 Disputes
Dutch Law/Kenyan law is applicable to all agreements made with Kuunganisha training and coaching. The competent court is the court within whose district the office of Kuunganisha training and coaching is located.