1. Definitions
The following definitions are used in these general terms and conditions:
- BoM: Being on Mission, Middenweg 147, 2024 XC Haarlem. The party to whom the client issues the assignment.
- Participant: a person who under an agreement with any client follows a training program or coaching at BoM.
- Client: the natural or legal person who gives BoM an order and comes to an agreement with BoM for that purpose.
- Open program: a training program with open participation, i.e. anyone can register, provided there are available places.
- In company program : a training program booked for employees of one client.
- Coaching: an individual coaching- or guidance program that can be taken separately from or in combination with a program.
- Agreement: any agreed arrangement between the Client and BoM for the provision of services by BoM to the Client and to which these General Terms and Conditions apply.
2. Applicability
- These Conditions apply to all orders to and agreements with BoM except where and to the extent that BoM and the Client agree otherwise in writing.
- Only by the awarding of an order or the registration of a participant will the Client be bound by these Terms and Conditions and these Terms and Conditions will form an inseparable part of the relevant agreement.
- Any purchasing or other general terms and conditions of the client do not apply, unless BoM has accepted them in writing.
- These Terms and Conditions also apply to any agreement involving the engagement of third parties for the performance of BoM.
- If BoM does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply or that BoM would in any way lose the right to require strict compliance with the provisions of these conditions in other cases.
- If one or more provisions of these General Terms and Conditions are null and void or annulled in whole or in part, the other provisions of these General Terms and Conditions will continue to apply in full. The Client and BoM will then consult to agree on a new provision to replace the void or nullified provision that corresponds as closely as possible to the purpose and purport of the original provision.
- The rights and obligations under the Agreement cannot be transferred to third parties except with BoM's written consent.
3. Choice of accommodation and lodging costs
- Requirements for accommodation are set by BoM.
- Changing accommodation cannot be a reason for cancellation of the order by the client.
- For in-company programs, the client has a choice:
a. By mutual agreement, the client reserves an accommodation that which BoM deems suitable.
The cost of the accommodation(s) where the assignment is carried out, as well as the travel and accommodation costs of the participants and the trainers of BoM are always at the expense of the client.
b. Client opts for an all-inclusive program where a price per participant applies and BoM makes the reservations and pays for the accommodation. In this case, the full accommodation costs of participants and trainer will be at the expense of BoM. Travel expenses of participants will remain the client's responsibility.
4. Rules of conduct
- Maximum input and self-efficacy is expected from participants.
- BoM cannot be held liable in any way for the behaviour of the participants or the consequences thereof.
5. Registration for open training sessions.
- Registration for open programs must be made in writing by means of a legally valid (digital) signed registration form. By submitting this fully completed registration form, one declares to have received and agrees to BoM's General Terms and Conditions.
- Upon receipt of the registration form, BoM will send a confirmation of the registration and an invoice within 5 working days.
- For the sake of the quality of the program and the intended end result BoM reserves the right to refuse the registration of a participant with insufficient prior education or experience.
6. Prices and acceptance of orders.
- BoM's services will be charged in accordance with the order confirmation provided by BoM (in-company) or pre-agreed price for open participation program.
- All amounts are exclusive of government levies, such as turnover tax (VAT), unless explicitly stated otherwise.
- An order confirmation is binding on BoM if it is accepted in writing by the client within 14 days.
- Acceptance by BoM of an order arises only on acceptance, in writing or by e-mail, by an authorised person of the client. To this end, the client will return a copy of the proposal signed for approval or a fully completed registration form to BoM, thereby declaring his acceptance of the provisions of these General Terms and Conditions.
- The agreement (including these General Terms and Conditions) is concluded at the moment at which BoM commences the actual provision of services, even if there is no written agreement from the
7. Payment Terms
- BoM will be able to demand payment of the cost of the order from the client prior to carrying out an order, including the cost of accommodation and subsistence expenses.
- All invoices from BoM will be payable by the client without compensation or other deductions no later than 14 days after the invoice date.
- If and as soon as the Client is in default with respect to Article 7.3, BoM will be entitled after 30 days to hand over the overdue invoice amounts to third parties without notice. The collection and/or extrajudicial costs incurred by BoM will always be payable by the Client and will always be at least 15% of the amount to be collected, without prejudice to BoM's right to charge a higher amount if the collection costs prove to be higher.
- If and as soon as the Client is in default in respect of Article 7.3, the Client will owe interest at the rate of 1% per month on all unpaid invoices of BoM that are due and payable, including any accrued interest and costs, whereby part of a month will be calculated as a full month.
- If and as soon as the Client is in default as described above, all of BoM's claims against the Client, for whatever reason, will become immediately due and payable, and the Client will be deemed to be in default of such claims, and Articles 7.4 and 7.5 will expressly apply.
8. Cancel
- Cancellation by the client of an in-company program or coaching or participation in an open program by a participant must always be made in writing. Depending on the time at which BoM receives the written cancellation, the following cancellation charges will apply:
- between 8 and 4 weeks before the start of the program: 50%
- within 4 weeks before the start of the program: 100%.
- In case of cancellation in advance for participation in a program or coaching, the participant has at all times the right to be replaced by another person who meets the admission requirements. This applies only to the entire program and on condition that BoM is informed of this no later than 1 working day before commencement.
- In the event of intermediati cancellation of participation in a program or coaching by the client, BoM will never refund the course fee. In the event of force majeure (e.g. hospitalization, death, etc.), a request for moderation of the cancellation fee may be submitted to BoM. Based on for Bom compelling reasons, BoM may decide to moderate the cancellation fee in such a case.
- If BoM cancels an order due to any cause for which it cannot be blamed, BoM will notify the Client immediately, without prejudice to the Client's obligation to take delivery of the relevant order from BoM at a time to be determined in consultation with BoM, and without prejudice to the Client's other obligations under the relevant agreement.
- A new date for the performance of the order will be set in mutual consultation. This will not entitle the Client to claim compensation or to cancel or change the order.
- Participants who are not present, or not permanently present or only a part, remain liable for the total assignment and accommodation costs.
9. Copyright
- The copyright and all other (intellectual) property rights relating to BoM's services, including the rights to the materials used by BoM and/or provided to the Client and/or Customer in the context of the services, are vested in BoM.
- Without written permission from BoM, it is not permitted to disclose the program material and/or the documentation provided in any form or to reproduce or use it for programs not provided by BoM.
- BoM is entitled to use the knowledge acquired in the performance of the work for other purposes, provided that this does not involve disclosure of confidential information to third parties and provided that it cannot be
10. Liability
- Except in the event of intent or gross negligence on BoM's part, BoM will not be liable for any direct and/or indirect loss from any cause whatsoever, including but not limited to consequential loss, loss of profits and loss resulting from business interruption.
- BoM is also not liable for any loss that the client and/or participant has/have suffered as a result of the non-occurance of the program.
- BoM cannot be held liable in any way whatsoever for what the participant does with the acquired knowledge after the programme.
- BoM will exercise due care when engaging third parties (such as trainers and coaches). BoM will not be liable for any serious shortcomings vis-à-vis the client or for any errors or shortcomings on the part of such third parties. In such a case, the client will be obliged to hold the third parties engaged liable and to recover any loss incurred from such third parties.
11. Modification or cancellation of open program.
- BoM reserves the right to cancel an open program prior to commencement. In case of cancellation, participants will receive a refund of their already paid course fees or alternative date(s) will be offered at BoM's discretion.
- BoM reserves the right to cancel an open program and/or a module thereof prior to commencement, without this giving rise to any right to compensation from the Client. In that event, the Client may be offered a binding alternative by BoM.
- No refunds will be made for participants' omitted program components. If participants are unable to attend, it is recommended that they notify BoM in writing or by telephone before the start of the programme.
12. Confidentiality
- All information arising from the cooperation between BoM and the client will be considered strictly confidential and treated as such. All trainers/coaches associated with BoM have committed themselves to such confidentiality.
13. General
- BoM's General Terms and Conditions will be sent free of charge on request.
- Complaints can be submitted to BoM in writing.
- All disputes relating to any agreement or order between BoM and the client, including those that are designated as such by only one of the parties, will be submitted to the competent Dutch civil court, which will always be governed by Dutch law.
- If the client uses general terms and conditions that may apply to any agreement concluded by BoM, BoM's general terms and conditions will always prevail over the client's terms and conditions.