ANÚNA TERMS AND CONDITIONS

Below please red the General Terms and Conditions for providing Anúna services.

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Coaching Cancellation

1. Anúna follows the following cancellation policy. If the Client cancels a coaching session within 24 hours before the scheduled start of the session, the Client is liable to pay 100% of the costs for the canceled hours or the agreed-upon total amount.

2. If the session is canceled more than 24 hours before the scheduled start, the Client is not obligated to pay any costs.

For other conditions related to cancellation, please refer to Article 11 of the general terms and conditions.

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Article 1. Definitions

In these general terms and conditions, the following terms are defined as follows:

1. Service Provider: Anúna, who uses these general terms and conditions for offering services.

2. Client: the person, company, or institution who commissions the services.

3. Services: All activities for which the order is given, or that arise from or directly relate to the assignment, in the broadest sense of the word.

4. Coach: Eveline Hilkes Leane.

5. Coachee: the person participating in a guidance, advice, or coaching program.

6. Agreement: Any arrangement between Client and Service Provider for the provision of Services by the Service Provider to the Client.

Article 2. Applicability of these conditions

1. These general terms and conditions apply to all offers and agreements in which the Service Provider offers or provides Services. Deviations from these conditions are only valid if explicitly agreed in writing.

2. These general terms and conditions also apply to any Agreement in which third parties are involved in the execution by the Service Provider.

3. Any purchasing or other general terms and conditions of the Client do not apply unless expressly accepted in writing by the Service Provider.

4. If one or more provisions of the general terms and conditions are void or annulled, the remaining provisions of these general terms and conditions will remain in full force and effect. Client and Service Provider will then enter into consultation to agree on a new provision to replace the void or annulled provision, as much as possible in line with the purpose and intent of the original provision.

5. These general terms and conditions also apply to additional and follow-up orders from the Client.

Article 3. Applicable codes of conduct and regulations

1. The Service Provider carries out the Services in accordance with the 'NOBCO Ethical Code' or the applicable professional regulations, and commits to the complaint procedure of NOBCO or the applicable professional rules and disciplinary law.

2. The applicable codes of conduct and regulations can be found on the website of NOBCO: www.nobco.nl.

Article 4. Quotations and conclusion of the Agreement

1. The quotations made by the Service Provider are non-binding and are valid for 30 days, unless otherwise indicated. The Service Provider is only bound by the quotations if the acceptance thereof by the counterparty is confirmed in writing within 30 days.

2. The prices stated in the quotations are exclusive of VAT, unless otherwise indicated.

3. Quotations are based on the information available to the Service Provider.

Article 5. Execution of the Agreement

Every agreement results in an obligation for the Service Provider to make an effort, whereby the Service Provider is obligated to fulfill its obligations to the best of its abilities, with due care, and expertise at all times during the execution of the Agreement.

1. The success of the Coachee and/or Client is entirely their own responsibility and dependent on their efforts and actions during the program.

2. Whenever the Service Provider deems it useful or necessary, they have the right to have certain activities carried out by third parties or to be assisted by third parties, in consultation with the Client.

3. The Client ensures that all data, which the Service Provider indicates is necessary for the execution of the Agreement, are provided properly, completely, and in a timely manner. If the data required for the execution of the Agreement are not provided to the Service Provider on time, the Service Provider has the right to suspend the execution of the Agreement and/or to charge the Client for the additional costs resulting from the delay according to the customary rates.

4. If a specific term has been agreed for the completion of certain work by the Service Provider, this is not a strict deadline unless explicitly agreed otherwise. Exceeding the agreed term does not constitute a culpable failure on the part of the Service Provider. The Client may set a new, reasonable term within which the Service Provider must complete the Agreement if the agreed term is exceeded. Exceeding this new term may give the Client grounds for terminating the Agreement.

5. When the Service Provider is commissioned in collaboration with a third party to fulfill an assignment or a part thereof, the Client will determine, in consultation with all parties involved, each person's role. The Service Provider does not accept joint liability nor liability for the execution of the task and related activities of the third party.

6. The Contractor shall not be liable for any damages of any kind resulting from the Contractor's reliance on inaccurate and/or incomplete information provided by the Client, unless such inaccuracy or incompleteness should have been known to the Contractor.

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Article 6. Liability

1. The Contractor shall not be liable for any damages of any kind arising from the Contractor's reliance on incorrect and/or incomplete information provided by the Client, unless such incorrectness or incompleteness should have been known to the Contractor.

2. The Contractor is obliged to maintain confidentiality towards third parties with regard to all confidential information obtained from the Client or from other sources in the context of the Agreement, unless disclosure is required by law or by a competent government authority. Information is considered confidential if it has been communicated as such by the Client or if it follows from the nature of the information. The Contractor shall ensure that this obligation is also imposed on any employees or third parties engaged by the Contractor in connection with an assignment.

3. Conversations, sessions, and other contacts that take place between the Contractor and the Coachee in any form are considered strictly confidential. The Contractor will not disclose any information about the content and progress of these contacts to anyone, including the Client, unless the Coachee has expressly given permission for such disclosure.

4. The Contractor shall not refer to the assignment externally without the Client's permission.

Article 7. Intellectual Property

1. All exercises and other materials provided to support the coaching process remain the intellectual property of the Contractor. This includes all tests, exercises, programs, workshop materials, and reports. The Client and/or Coachee may not share the delivered services and materials with third parties without written permission from the Contractor, and they are solely for personal use during the agreed-upon period of service.

2. The Contractor is entitled to use the knowledge gained from the execution of the services for other purposes, as long as no confidential information is disclosed to third parties and the information is not traceable to individual Clients or Coachees.

Article 8. Fee

1. The Contractor's fee consists, unless explicitly agreed otherwise, of a predetermined fixed amount per agreement or per delivered service and/or can be calculated based on rates per unit of time worked by the Contractor.

2. All fees are inclusive of government levies such as value-added tax (VAT) and exclusive of travel and other expenses incurred by the Contractor on behalf of the Client unless expressly otherwise stated, including but not limited to fees of third parties engaged.

3. The Contractor distinguishes between rates for business and private Clients.

4. The Contractor reserves the right to annually adjust the agreed-upon fees in consultation with the Client due to changes in the general price index and due to measures imposed by the government.

Article 9: Payment

1. Payment must be made within 14 days after the invoice date, in a manner indicated by the Contractor. Payment will be made without deduction, set-off, or suspension for any reason whatsoever.

2. After 14 days from the invoice date, the Client will be in default. The Client shall pay the Contractor interest on the amount due from the moment of default at the statutory interest rate.

3. If the Client has not paid the amounts due on time, he will automatically be in default, without further notice of default being required. In this case of payment default by the Client, the Contractor is entitled to immediately cease or suspend all work to be carried out for the Client, without being liable to the Client for any damages.

4. In the event of multiple Clients, each Client is jointly and severally liable for the payment of the total invoice amount if the work has been performed for all these Clients.

5. In the event of liquidation, bankruptcy, or suspension of payments of the Client, the Contractor's claims and the Client's obligations towards the Contractor will become immediately due and payable.

6. Payments made by the Client shall be used to settle, in the first place, all due interest and costs, and, in the second place, payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.

Article 10. Collection Costs

1. If the Contractor takes collection measures against the Client, who is in default, the costs associated with such collection will be borne by the Client, and these costs are set at a minimum of 15% of the outstanding invoices. These costs include the costs of any collection agencies, bailiffs, and/or lawyers engaged.

Article 11. Liability

1. The Contractor shall not be liable, in any way, for damages arising from or in connection with the services provided by the Contractor, unless the Client proves that the damage was caused by the Contractor's intent or gross negligence.

2. The Contractor's liability is limited to the invoice value of the assignment, or that part of the assignment to which the liability relates.

3. Contrary to the provisions of paragraph 2 of this article, in the case of an assignment with a duration of more than six months, the liability is further limited to the amount of the invoice for the last six months.

4. In the event that damage is caused to persons or property as a result of the Contractor's services or otherwise, for which the Contractor is liable, the liability is limited to the amount of the payment under the Contractor's general liability insurance policy, including the deductible borne by the Contractor with regard to that insurance.

5. The Contractor expressly excludes any liability for business damage or other indirect damage or consequential damage of any kind.

6. The Contractor will exercise due care in engaging third parties not employed by the Contractor (such as advisors, coaches, experts, or service providers). The Contractor is not liable for serious shortcomings towards the Client or Coachee or for any errors or deficiencies of these third parties. In such a case, the Client is obliged to hold the engaged third parties liable and claim any damages suffered from these third parties.

7. The Contractor is not liable for any damages suffered by the Client and/or Coachee of any kind if the Contractor relied on incorrect and/or incomplete information provided by the Client, unless the incorrectness or incompleteness was clearly apparent or should have been to the Contractor.

8. If the Client and/or Coachee has not brought a claim against the Contractor within 1 year of discovering the damage, this claim will lapse after the expiry of the year.

Article 12: Cancellation Policy

1. Cancellation of workshops and training by the Client must be done in writing.

2. Cancellation of coaching or guidance by the Client must be done by email or phone.

3. In the event of cancellation by the Client of workshops, training, and related activities within 5 working days before the start of the respective activities, the Client shall pay 50% of the costs of the canceled hours or of the agreed-upon total amount. If the cancellation is made longer than 5 working days before that, the Client is not liable for any costs. The receipt confirmation by the Contractor is decisive in this regard.

4. In the event of cancellation by the Client of coaching and other guidance sessions within 24 hours before the start of the respective activity, the Client is liable for 100% of the costs of the canceled hours or of the agreed-upon total amount. If the cancellation is made more than 24 hours before the start of these activities, the Client is not liable for any costs. The receipt confirmation by the Contractor is decisive in this regard.

5. The Client is liable for 100% of the total agreed-upon total amount if he/she, even without canceling, does not use the Contractor's agreed-upon services.

6. The Contractor has the right to cancel a coaching session without giving any reason. Cancellations made more than 24 hours in advance will be notified to the Client via email. Cancellations made within 24 hours or less will be notified to the Client via email and phone.

7. The Client/Coachee is responsible for timely reading of emails, answering phone calls, and checking voicemail. In such cases, the Contractor will offer an alternative new appointment for the Service to take place.

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Article 13: Termination of the Agreement

1. The Contractor is entitled to terminate the Agreement immediately, without judicial intervention, by means of a registered written notice to the Client if the Client fails to pay the invoice sent by the Contractor within 14 days after a written reminder.

2. The Contractor is entitled to terminate the Agreement immediately, without judicial intervention, by means of a registered written notice to the Client if any obligation arising from this Agreement is not or not properly fulfilled within 14 days after a written reminder.

3. Both the Client and the Contractor can terminate the Agreement immediately by means of a registered letter if the other party is declared bankrupt or granted a suspension of payments.

Article 14: Dispute Resolution

1. Dutch law applies to all Agreements and legal actions between the Client and the Contractor.

2. In case of a dispute arising from this Agreement, the Client and the Contractor/Coachee are obligated to first attempt to resolve the dispute through consultation and, if this is not successful, to use mediation.

3. If consultation and/or mediation do not lead to a resolution of the dispute, the competent court where the Contractor is established shall have exclusive jurisdiction over the dispute.

4. Anúna operates according to the international ethical code for coaches, mentors, and supervisors. If the Client believes that Anúna is not adhering to the ethical code and/or exhibiting unethical behaviour, he/she may file a complaint.