General terms and conditions We love communities & Maartje Blijleven
For consumers, we adhere to the general terms and conditions of the NRTO
For the business market, we apply the following terms:
ARTICLE 1. DEFINITIONS AND TERMS
1.1 Client: The person(s) for whom We Love Communities and/or Maartje Blijleven provides services. The client and the contracting party may be the same, but this is not necessarily the case.
1.2 Contracting Party: The individual or entity, or their successor(s), that has commissioned We Love Communities to deliver its services. The contracting party is responsible for paying the agreed price for We Love Communities’ services unless explicitly stated otherwise in a written agreement.
1.3 We Love Communities and/or Maartje Blijleven: Registered with the Chamber of Commerce in Amsterdam under number 34371273, We Love Communities provides services in consultancy, training, workshops, social media, organizational and management advice, and marketing communication. In this document, “We Love Communities” also refers to Maartje Blijleven.
1.4 Third Parties: In some cases, We Love Communities may deliver services with the assistance of third parties. We Love Communities reserves the right to change the composition of a team at any time if it deems this necessary for the proper execution or continuity of its services.
1.5 Contract Sum: The total agreed amount for the assignment, as specified in the signed contract or in the quotation or program proposal approved by the contracting party.
ARTICLE 2. APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions apply to all offers, quotations, assignments, work performed by, and agreements entered into with We Love Communities.
2.2 These conditions also apply to assignments involving third parties.
2.3 If any provision of these General Terms and Conditions becomes invalid, the remaining provisions will continue to apply. In such a case, the parties will consult to agree on a replacement provision that aligns as closely as possible with the original intent.
2.4 We Love Communities reserves the right to amend or modify these General Terms and Conditions in the future.
ARTICLE 3. ASSIGNMENT OF CONTRACT
3.1 Quotations from We Love Communities are based solely on information provided by the (prospective) contracting party. The contracting party guarantees that all relevant information for the quotation, and for the planning and execution of the assignment, has been provided to We Love Communities to the best of their knowledge. If this information is found to be incorrect or incomplete at any time, We Love Communities reserves the right to unilaterally and/or interim adjust the agreed contract sum for the services to be provided by We Love Communities.
3.2 A composite price quotation does not obligate We Love Communities to perform part of the assignment for a corresponding part of the agreed contract sum.
3.3 An assignment is granted by returning a signed agreement issued by We Love Communities or by providing written and/or email approval of the digitally sent quotation. This digital quotation also serves as the contract confirmation.
3.4 The absence of written approval of the quotation or agreement provided by We Love Communities does not affect the contracting party’s obligation to We Love Communities, in accordance with the conditions of the quotation, once the actual provision of services by We Love Communities has commenced.
ARTICLE 4. INTERIM CHANGES TO THE ASSIGNMENT
4.1 If an interim change to the assignment or its execution occurs at the request or due to the actions of the contracting party, We Love Communities will make the necessary adjustments if possible. If this results in additional work beyond the original contract sum, this will be charged to the contracting party without the need for a separate written order. The contracting party has preemptively agreed to the financial consequences of changing the assignment.
ARTICLE 5. BEST EFFORT OBLIGATION
5.1 We Love Communities will execute the services to be provided to the best of its ability. However, this is a best effort obligation, meaning that We Love Communities does not guarantee the success or achievement of its services, nor the extent to which these services will contribute to the objectives set by the contracting party and/or client.
ARTICLE 6. OFFERS AND FORMATION OF THE AGREEMENT
6.1 All offers from We Love Communities are valid for 30 days from the date of issuance, are non-binding, and can be revoked at any time. We Love Communities is not bound by offers that are not accepted within 30 days from the date of issuance. If the offer is accepted within the validity period, We Love Communities reserves the right to revoke the offer within five working days after receipt of the acceptance. Acceptance of an offer by a contracting party must be done in writing and/or digitally, notwithstanding the provisions of Articles 3.4 and 4.1 of these General Terms and Conditions.
ARTICLE 7. OBLIGATIONS OF THE CONTRACTING PARTY
7.1 The contracting party guarantees that the number of participants agreed upon in the assignment will actually participate in the services agreed upon with We Love Communities. If the agreed number does not participate, the contracting party is still obligated to pay the full contract sum as stated in the quotation and/or contract confirmation to We Love Communities.
7.2 If a participant/client is unable to participate due to unforeseen circumstances, their place may be filled by another participant, but only with prior approval from We Love Communities. If it is not possible to fill the vacant spot, the full contract sum will be charged to the contracting party unless explicitly agreed otherwise.
7.3 The contracting party will provide all necessary information, documents, and data that We Love Communities requires to execute the assignment as agreed. If requested, the contracting party will provide We Love Communities with a workspace at their location, including phone and/or internet access, free of charge.
7.4 The involvement or engagement of third parties in the execution of an assignment by the contracting party is only allowed with prior written permission from We Love Communities.
ARTICLE 8. RATES, COSTS, AND PRICES
8.1 The quotation and website of We Love Communities clearly indicate the rates and costs that We Love Communities will charge for the specified services.
8.2 Prices in quotations, assignments, on the website, and in other publications are exclusive of VAT, government-imposed levies, and other costs related to the assignment, such as but not limited to shipping, administrative, and travel expenses, unless otherwise indicated.
ARTICLE 9. INVOICING AND PAYMENT TERMS
9.1 The fee of We Love Communities and the costs charged by it to the contracting party will be invoiced by We Love Communities either in writing or digitally. At We Love Communities’ discretion, the entire amount or a portion of it may be invoiced in advance.
9.2 Payment by the contracting party must be made within 14 days of the invoice date unless otherwise stated in the quotation or on the invoice.
9.3 After this due date, the contracting party is in default and owes We Love Communities statutory interest on the invoice amount, without the need for a formal notice of default. If payment is not made, the assignment may be unilaterally suspended by We Love Communities without We Love Communities being liable for damages. Furthermore, We Love Communities is then entitled to unilaterally terminate the agreement out of court.
9.4 If the contracting party defaults on payment to We Love Communities or otherwise fails to fulfill any of its obligations, all costs incurred by We Love Communities (including collection and other legal or extrajudicial costs) will be borne by the contracting party, with a minimum of 25% of the agreed contract sum.
9.5 In the case of agreed periodic payments, payment before the due date on the (partial) invoice is mandatory. If the contracting party is in default regarding the payment of the partial invoice, We Love Communities is entitled to demand the full amount.
9.6 Payment in installments can only occur with the approval and confirmation of We Love Communities. If installment payments are not made on time, We Love Communities is entitled to claim statutory interest on the amount that is overdue.
ARTICLE 10. CANCELLATION TERMS
10.1 If the assignment is not fulfilled by the contracting party at the agreed time for reasons that are not attributable to We Love Communities, the following cancellation terms apply:
Example 1: A participant cancels a workshop on Tuesday, which was scheduled for the following Friday. The cancellation fee is 100%, as per Article C/10.3.
Example 2: A planned half-day coaching session is canceled by the client 4 days in advance. The cancellation fee is then 25% of the agreed rate. See Article D/10.6.
Example 3: A one-hour coaching session for Wednesday afternoon is canceled on the preceding Monday. The cancellation fee is zero. However, if the session was canceled on Tuesday, the cancellation fee would be 100%. See Articles C/10.5 and B/10.5.
Example 4: A participant enrolls in an (online) training course with immediate access. After payment, the participant wishes to cancel. The cancellation fee is 100%. See Article B/10.3.
ARTICLE 11. DURATION AND COMPLETION OF THE ASSIGNMENT
11.1 The duration of the assignment depends on the type of service and is agreed upon as much as possible in advance in the assignment confirmation. An estimate of the assignment’s duration and the number of sessions, if possible, is included in the confirmation.
11.2 After the assignment duration has expired, there can be no claim on any unused or remaining parts of the assignment, such as coaching hours or study materials in any form.
ARTICLE 12. PREMATURE TERMINATION OF THE ASSIGNMENT
12.1 Both parties may unilaterally terminate the agreement if one believes that the assignment can no longer be carried out according to the confirmed offer and any subsequent additional specifications. This must be communicated in writing, with reasons provided, and in a timely manner.
12.2 If the client prematurely terminates the assignment for reasons other than negligence on the part of We Love Communities, We Love Communities is still entitled to full payment of the agreed assignment amount, including reimbursement for costs incurred and any future costs. If payment has already been made, no refund will be given.
12.3 We Love Communities may only use its authority to prematurely terminate the agreement due to circumstances beyond its control or not attributable to it, making it unreasonable to expect the completion of the assignment. In such cases, We Love Communities is at least entitled to payment for work performed up to the termination point.
ARTICLE 13. LIABILITY AND CODE OF CONDUCT
13.1 We Love Communities and its employees and partners are never liable for any (direct or indirect) damage incurred by the client and/or customer during or due to the use of goods and/or services provided by or on behalf of We Love Communities.
13.2 Additionally, We Love Communities is never liable for the quality or outcome of the services it delivers, as it only has a best-effort obligation (see also Article 5).
13.3 We Love Communities adheres to the NRTO code of conduct.
ARTICLE 14. INTELLECTUAL PROPERTY/COPYRIGHT
14.1 Models, techniques, tools, and teaching materials developed and/or used by We Love Communities for the assignment remain the property of We Love Communities. This also applies to reports prepared by We Love Communities. The client is only entitled to use these reports within their organization. Publication of any of these materials can only occur with prior written permission from We Love Communities. All documents developed by We Love Communities are automatically copyrighted.
ARTICLE 15. CONFIDENTIALITY
15.1 We Love Communities is obliged to maintain confidentiality regarding everything it learns about its client. We Love Communities adheres to the Data Protection Act and will use the client’s data solely for processing and administrative purposes related to the assignment. The client’s data will not be shared with third parties unless there are compelling legal reasons.
ARTICLE 16. SPECIAL PROVISIONS
16.1 We Love Communities reserves the right to exclude participants from a workshop who, through their behavior or otherwise, disrupt or hinder the normal course of the workshop. Such exclusions will be communicated in writing and with reasons to the client and do not affect the client’s obligation to pay the full amount for the training or service to We Love Communities.
16.2 Dutch law applies to all matters/provisions not covered by these General Terms and Conditions.
16.3 In the event of disputes, the competent Dutch court will make a ruling.