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Terms and Conditions

Terms and Conditions
Article 1. Definitions
The Contractor means: the company KOA BV, with registered office at Elsenborghlaan 46, 2650 Edegem, Belgium.
Services means: all work or performance performed, including coaching, training, lectures, consulting, advice, guidance and the like.
Client means: any natural or legal person with whom KOA enters into an agreement to provide Services, regardless of whether the Client or a third party participates. 
Participant means: The person who participates in the Services (also referred to as Coachee in individual guidance).
KOA reserves the right to change the 'Terms and Conditions' at any time. The changes do not affect current agreements.
Article 2. Application of these General Terms and Conditions
The general terms and conditions apply to all activities and Services of the Contractor or to all related actions, both of a preparatory and executive nature. 
Deviations from these terms and conditions are only valid if they have been expressly agreed in writing.
These general terms and conditions also apply to additional assignments and follow-up assignments from the Client.

Article 3. Quotations
The offers made by the Contractor are without obligation, they are valid for thirty days unless otherwise indicated. The contractor is only bound by the offers if the acceptance thereof is confirmed in writing by the other party within thirty days. The date on the quotation is taken as reference date. The agreement is concluded by the written, oral or online acceptance by the Contractor of the Client's offer or (if no offer has been made) by the Contractor's written, oral or online confirmation of an assignment issued by the Client.
Transport and accommodation costs are not included in the quotes, unless explicitly described, and are invoiced together with the services provided. 
The prices in the quotes mentioned are exclusive of VAT, unless stated otherwise.
No rights can be derived for future assignments from offers, quotations or (framework) agreements from the past.
Quotations are based on the information available at the Contractor.

Article 4. Execution of the agreement
Agreements concluded with the Contractor lead to a best efforts obligation for the Contractor, not an obligation of result, whereby the Contractor is obliged to fulfill its obligations in such a way as can be expected from the Contractor according to standards of care and professionalism at the time of fulfillment.
If and insofar as the proper execution of the agreement requires this, the Contractor has the right to have certain activities performed by third parties. This will always be done in consultation with the Client.
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 implementation of the agreement has not been provided to the Contractor in time, the Contractor has the right to suspend the implementation of the agreement and/or to charge the additional costs resulting from the delay to the Client in accordance with the usual rates. to take.
The Contractor is not liable for damage, of whatever nature, because the Contractor relied on incorrect and/or incomplete information provided by the Client, unless he or she should have been aware of this inaccuracy or incompleteness.
The delivery and/or implementation terms are only provided by way of information and are therefore not binding for Carecoaching, unless expressly agreed otherwise between the parties. However, delays in delivery and/or execution can never give rise to a fine, compensation, dissolution of the agreement or refusal to receive the job assignment upon completion.

Article 5. Contract duration and cancellation
If the agreement concluded between the parties relates to the delivery of the same performance more than once, it is deemed to have been entered into for an indefinite period of time, unless expressly agreed otherwise in writing.
Both parties can terminate the agreement in writing at any time. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 3 months.

Article 6. Amendment of the agreement
If during the execution of the agreement it appears that it is necessary for proper execution to change or supplement the work to be performed, the parties will adjust the agreement accordingly in good time and in consultation.
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.
If changes or additions to the agreement have financial and/or qualitative consequences, the Contractor will inform the Client about this in advance.
If a fixed fee has been agreed, the Contractor will indicate to what extent the change or addition to the agreement will result in an exceeding of this fee.

Article 7. Confidentiality
The parties involved are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.
The assignment will not be referred to externally by the Contractor without the permission of the Client.
The Contractor is not obliged to share information obtained from a Participant with the Client.

Article 8. Payment
Unless agreed otherwise in writing, payment must be made within 8 days of the invoice date, in a manner to be indicated by the Contractor and in the currency in which the invoice is made. Payment will be made without deduction, compensation or suspension for any reason whatsoever.
If the Client has not paid the amounts due by the due date at the latest, it will automatically be in default, without further notice of default being required. In the event of payment default by the Client, the Contractor is entitled to immediately cease or suspend all work to be performed for the Client, without being liable to pay damages to the Client in any way.
In the event of non-payment within the set term, a late payment interest of 10% will be due, by operation of law and without notice or notice of default, from the sixteenth day after the invoice date.
In the event of liquidation, bankruptcy or suspension of payment of the Client, the claims of the Contractor and the obligations of the Client towards the Contractor will be immediately due and payable.
If more than the usual effort is required from the Contractor for the performance of the agreement, the Contractor may demand payment (or equivalent security) before commencing its work.
Non-payment, even partial, entails, without any formality or reminder, the non-expired invoices being due and payable.

Article 9. Liability
Services are provided in addition to medical assistance. Conventional medicine is regarded here as the basis of health care. Services are not a substitute for medical or psychological assistance of any kind. The client or coach does not make a diagnosis and may not/cannot question medical diagnoses or analyses.
If the Participant is being treated by a doctor, the Participant must report this to the coach in advance.
The Contractor does not accept any liability whatsoever for damage caused by or in connection with services provided by it, unless the Client demonstrates that the damage was caused by intent or gross negligence on the part of the Contractor.
The Contractor's liability is limited to the invoice value of the assignment, or at least that part of the assignment to which the liability relates.

Article 10. Cancellation / termination of the agreement / agreements not fulfilled
The Contractor has the right to cancel a course, training, supervision or coaching process without giving any reason or to refuse participation by a Client or to refuse the Participant designated by the Client, in which cases the Client is entitled to a refund of the full amount paid by this to the Contractor.
The Client for a course, training, supervision or coaching trajectory has the right to cancel participation in or the assignment for a course, training, supervision or coaching trajectory by registered mail.
Cancellation by the Client of the assignment is possible free of charge up to four weeks before the start of the course, training, supervision or coaching process. In the event of non-cancellation, the Client is obliged to pay the total amount of the course, training, supervision or coaching process.
In case of cancellation within 4 weeks up to and including one week (7 calendar days) before the start of the course, training, guidance or coaching process, the Contractor is entitled to charge 50% of the amount due and in case of cancellation within a week (7 calendar days ) the entire amount.
If the Client or Participant terminates participation prematurely after the start of the course, training, supervision or coaching process or otherwise does not participate in it, the Client is not entitled to any refund, unless the special circumstances, in the opinion of the Contractor, justify otherwise.
Individual counseling or coaching conversations can be canceled or moved free of charge up to 48 hours before the start of the conversation. In the event of cancellation or rescheduling within 48 hours, the Contractor is entitled to charge the full rate that has been agreed for the conversation. If the Participant does not appear for the scheduled meeting, the same rates will apply.
If one of the parties materially fails to fulfill its obligations and, after being expressly pointed out in writing by the other party, fails to comply with this obligation within a reasonable period of time, the other party is entitled to terminate the agreement without the terminating party owes the defaulting party any compensation. The performances that have been delivered up to the termination will be paid in the agreed manner.

Article 11. Personal data
By entering into an agreement with the Contractor, the Contractor is granted permission for automatic processing of the personal data obtained from the agreement. This personal data will not be passed on to third parties and will only be used by the Contractor for its own activities.

Article 12. Disputes
In case of disputes regarding the interpretation, applicability, termination, cancellation or performance of the agreement, or the content of these terms and conditions or any other related subjects, with the exclusion of the payment of undisputed invoices, the parties undertake before taking any legal action, to appeal to mediation by a recognized mediator, under penalty of inadmissibility.
Belgian law applies to every agreement between the Contractor and the Client.
The nullity of any provision of these terms and conditions will not affect the validity of the other provisions of these terms and conditions and will not lead to the nullity of these provisions.
Disputes arising from agreements to which these terms and conditions apply will be settled by the Court of Antwerp

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