The Career Spark
Article 1. Definitions
The terms used in these General Terms and Conditions are as follows:
- The Career Spark: the sole proprietorship The Career Spark, trading under the trade name The Career Spark, registered at the Chamber of Commerce under number: 80052258
- Coach: The natural person who operates on behalf of The Career Spark and who participates in a coaching, or related work programme or relationship.
- Client: the other party (natural person) that gives an order to The Career Spark.
- Parties: The Career Spark and/or Coach and the Client jointly.
- Agreement: Every agreement between Client and The Career Spark for providing services by The Career Spark at the request and/or on behalf of Client.
- Services: All activities, including but not limited to one-to-one intensive career coaching sessions, career writing activities such as CV (Curriculum Vitae), cover letter, LinkedIn profiles etc., for which an instruction has been given by Client, or which result from or are directly related to the instruction, all this in the broadest sense of the word.
- Trainings: trainings, courses, workshops or other forms of knowledge transfer by or on behalf of The Career Spark in the field of career development.
- In writing: in writing shall also be understood: by letter post, e-mail or common electronic communication medium.
- General Terms and Conditions: the present set of General Terms and Conditions.
Article 2: Applicability of these conditions
- These General Terms and Conditions apply to all offers, order confirmations and agreements whereby services are offered or provided by The Career Spark.
- These General Terms and Conditions also apply to any Agreement whereby The Career Spark involves third parties for the performance of services or trainings.
- Deviations from these General Terms and Conditions are only valid if and insofar as they have been agreed in writing between Client and The Career Spark.
- Any purchase or other General Terms and Conditions of Client do not apply unless The Career Spark has expressly accepted them in writing.
- 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 remain fully applicable. Client and The Career Spark will then enter into consultation in order to agree a new provision to replace the void or annulled provision, as far as possible in accordance with the purpose and purport of the original provision.
Article 3: Offers and establishment of the Agreement
- All offers made by The Career Spark are without obligation and are valid for 30 days, unless indicated otherwise. The Career Spark is only bound by an offer if the acceptance thereof has been confirmed to The Career Spark by Client in writing within the set period of validity without reservation or amendment.
- The prices in the offers are exclusive VAT unless explicitly stated otherwise.
- The Agreement is established by written acceptance of the offer by Client.
Article 4: Implementation of the Agreement
- Each Agreement leads to an obligation to perform to the best of The Career Spark’s ability, with due care and competence.
- In all cases in which The Career Spark deems it useful or necessary, The Career Spark is entitled – in consultation with Client – to have certain work carried out by third parties or to be assisted by third parties.
- Client will ensure that all information which The Career Spark indicates is necessary for the performance of the Agreement is provided to The Career Spark in a complete and timely manner. If the information required for the performance of the Agreement has not been provided to The Career Spark on time or is incomplete, The Career Spark is entitled to suspend the performance of the Agreement and/or to charge Client for the extra costs arising from the delay in accordance with the usual rates.
- If a term has been agreed for the completion of certain work by The Career Spark, this is not a deadline, unless expressly agreed otherwise. Exceeding the agreed period therefore does not constitute an attributable shortcoming on the part of The Career Spark. Client cannot therefore dissolve the agreement for that reason and is not entitled to compensation. If the agreed term is exceeded, Client may, however, set a new, reasonable term within which The Career Spark is to perform the Agreement. Exceeding this new term may constitute a ground for Client to dissolve the Agreement.
- When The Career Spark is instructed to perform an assignment or part thereof in cooperation with a third party, Client will determine in consultation with all parties involved what each party’s task is. The Career Spark does not accept joint and several liability, nor liability for the performance of the task and the associated activities of the third party.
Article 5: Confidentiality and Privacy
- Conversations between The Career Spark and the Coach are considered to be strictly confidential.
- Information is considered confidential if this has been communicated by Client or if this arises from the nature of the information. Client ensures that this obligation is also imposed on any employees or third parties engaged by him in an assignment. The Career Spark will therefore not make any announcement to anyone, not even Client, about the content and course of these talks, unless the Coach has given permission to do so.
- Both during and after the Agreement(s) with Client, The Career Spark will keep all data and knowledge of Client provided in the context of the Agreement(s) confidential and will treat such data and knowledge with due care.
- These conditions are subject to any obligation imposed on The Career Spark by law or a government body authorised to do so to disclose certain data.
Article 6: Intellectual property
- The Career Spark is entitled to the intellectual property rights relating to the services and products provided by him – within the framework of the Agreement – to Client or used within the framework of the Agreement, including but not limited to tests, readers, reports, models, exercise material and computer programmes.
- Client and/or Coach may not without the express written permission of The Career Spark make use of these services and/or products to which The Career Spark is entitled with respect to the intellectual property rights, other than for the purpose of this assignment.
- The Career Spark is entitled to use the knowledge acquired through the performance of the work for other purposes, provided that no confidential information is brought to the knowledge of third parties and provided that this information cannot be traced back to individual clients or Coaches. 3
Article 7: Fees and costs
- Unless expressly agreed otherwise, The Career Spark’s fee consists of a predetermined fixed amount per agreement or per service provided and/or can be calculated on the basis of rates per unit of time worked by The Career Spark.
- All fees are exclusive of government levies such as turnover tax (VAT), as well as exclusive of travel and other expenses incurred on behalf of Client, including but not limited to invoices of third parties engaged.
- The Career Spark reserves the right to adjust the agreed fees annually due to changes in the general price index and due to any measures imposed by the government.
Article 8: Payment
- Payment must be made in advance. Client shall receive an invoice from The Career Spark and payment shall be made by transfer to IBAN NL 56 RABO 0360 5061 43 in the name of The Career Spark. Payment shall take place without deduction, set-off or suspension on any grounds whatsoever.
Article 9: Liability
- The Career Spark is only liable to Client for damage as a result of a serious attributable shortcoming in the performance of the Agreement. This is the case if The Career Spark fails to exercise the required care and expertise in the performance of the Agreement.
- The Career Spark is not obliged to compensate indirect damage suffered by Client, including but not limited to consequential damage, loss of profit and damage as a result of business stagnation.
- The Career Spark will exercise due care when engaging third parties not working in its organisation (such as advisers, experts or service providers). The Career Spark is not liable for serious shortcomings towards Client or for any errors or shortcomings of these third parties. In such a case Client is obliged to hold the third parties engaged liable himself and to recover any damage suffered from these third parties.
- The Career Spark is not liable for loss or damage suffered by Client, of whatever nature, if The Career Spark in the performance of his assignment has relied on incorrect and/or incomplete information provided by Client, unless such incorrectness or incompleteness was or should have been clearly apparent to The Career Spark.
- Client indemnifies The Career Spark against all claims (such as damages and legal claims) of third parties in connection with the performance of the agreement between Parties, unless these are claims as a result of serious shortcomings on the part of The Career Spark.
- If Client has not instituted legal proceedings against The Career Spark within one year of the discovery of the damage, this legal action will lapse after the expiry of the year.
Article 10: Cancellation conditions
- Cancellation by Client of activities referred to within the framework of the Agreement(s), which are paid in advance, take place in writing within 24 hours after payment from Client is made. In the event of cancellation after 24 hours, Client owes 100% of the total agreed Client sum if he does not make use of the agreed services of The Career Spark.
- In the event of cancellation by Client, confirmed in writing, of Trainings referred to within the framework of this agreement, the following fees will be due: Client will be liable for 25% of the fees up to 1 month in advance, to 50% of the fees up to 2 weeks in advance, to 100% of the fees 7 days or less.
- In the event of cancellation by Client, confirmed in writing, of the one-to-one intensive career coaching session within 24 hours before the session in question, The Career Spark can charge the costs and Client will then be obliged to pay them. Coaching session rescheduled before that time will not be charged.
- Refunds will be given where full payment has been made in advance and the cancellation policy applies (point 1 and 2).
- The Career Spark reserves the right to cancel Services and Trainings or to refuse a client, without giving reasons. The Career Spark confirms the cancellation or refusal in writing and in that case will refund 100% of the amount paid by the Client up to that time, thus terminating the Agreement without any further obligations or claims on either side.
Article 11: Termination of the Agreement
- The Career Spark is entitled to terminate the Agreement with immediate effect, without judicial intervention, in writing hereof to Client, if Client remains in default of payment of an invoice sent by The Career Spark, within 14 days after a written reminder.
- The Career Spark is entitled to terminate the Agreement with immediate effect, without judicial intervention, in writing hereof to Client, if any obligation arising from the Agreement is not or not properly fulfilled within 14 days after a written warning.
- Both Parties may terminate the Agreement with immediate effect in writing if the other party is granted a moratorium or is declared bankrupt.
Article 12: Legal liability/ Dispute settlement
- All agreements between Parties are governed by Dutch law.
- If Parties have a dispute arising from this Agreement, they must notify each other in writing within 14 days after the dispute arose. Parties are obliged first to attempt to resolve the dispute in consultation and, if this is unsuccessful, to make use of mediation. A mediator will be appointed in mutual consultation. The costs of the mediator shall be 50/50 paid by the parties.
- If consultation and/or mediation does not lead to a solution of the dispute, the competent legal body in the district where The Career Spark has its registered office shall have exclusive jurisdiction to take cognizance of the dispute.