Terms and Conditions

Please note: This is an English translation of the Terms and Conditions provided for your convenience. The Dutch text of the Terms, as filed with the Dutch Chamber of Commerce, is always decisive for their interpretation.

Article 1. Definitions

In these terms and conditions, the following terms are used with the meanings given below (unless expressly indicated otherwise):

1. De Pitchcoach: De Pitchcoach (located at Operettelaan 749, 3543 BR Utrecht, Chamber of Commerce No.: 77354168), offers services in the field of coaching, training, public speaking, cabaret, and/or related activities under these terms and conditions.
2. Client: The natural or legal person who has commissioned De Pitchcoach to perform services in the area of coaching, training, or related activities.
3. Agreement: Any arrangement between the Client and De Pitchcoach for the provision of services by De Pitchcoach to the Client.
4. Participant: The natural person who is trained or coached by De Pitchcoach.
5. Parties: The Pitchcoach and the Client.
6. Services: All activities, in any form whatsoever, performed by De Pitchcoach for the benefit of the Client.
7. Third Party: An external party, not being De Pitchcoach or the Client.
8. Terms: These general terms and conditions, filed with the Chamber of Commerce under number 77354168.

Article 2. Applicability

1. These Terms and Conditions apply to every offer, quotation, and Agreement between De Pitchcoach and a Client to which De Pitchcoach has declared these Terms and Conditions applicable, insofar as the parties have not expressly and in writing deviated from these Terms and Conditions.
2. These Terms and Conditions also apply to all Agreements with De Pitchcoach for which Third Parties need to be engaged for execution.
3. Any deviations from these general Terms and Conditions are only valid if they have been expressly agreed upon in writing.
4. If one or more provisions in these Terms and Conditions are null or voided, the remaining provisions shall remain fully applicable. De Pitchcoach and the Client will then consult to agree on new, replacing provisions for the null or voided ones, considering the aim and intent of the original provisions as much as possible.
5. If a situation arises where these Terms and Conditions do not provide a solution, the agreements in the Agreement are binding. If there is no Agreement, the written arrangements or obligations apply.

Article 3. Offers and Quotations

1. Offers and quotations made by De Pitchcoach are without obligation; they are valid for a period of 30 days unless stated otherwise. De Pitchcoach is only bound by these quotations if the Client confirms acceptance in writing or via email within 30 days, unless indicated otherwise.
2. The prices mentioned in the offers and quotations are exclusive of VAT, unless specified differently.
3. An Agreement is only established after the Client has confirmed an assignment in writing or when De Pitchcoach informs the Client in writing that the training/coaching has been scheduled on a specific date.
4. If the acceptance by the Client deviates (even on minor points) from the offer included in the quotation, De Pitchcoach is not bound by it. The Agreement will not be concluded according to this differing acceptance unless De Pitchcoach states otherwise in writing.
5. De Pitchcoach cannot be held to its offers/quotations if the Client, in terms of reasonableness and fairness and commonly accepted standards, should have understood that the offer or a part thereof contains an obvious mistake or error.
6. Additions or changes to an offer from De Pitchcoach are only valid after they have been accepted in writing by De Pitchcoach.
7. De Pitchcoach is only bound by verbal agreements after confirming them in writing to the Client.

Article 4. Execution of the Agreement

1. De Pitchcoach will execute the Agreement to the best of her insight and ability.
2. The Client ensures that all data, which De Pitchcoach indicates are necessary (or which the Client should reasonably understand are necessary) for the execution of the Agreement, are provided to De Pitchcoach in a timely manner.
3. If the data required for the execution of the Agreement are not provided to De Pitchcoach in time, De Pitchcoach has the right to suspend the execution of the Agreement and/or charge the Client for any additional costs resulting from the delay, according to the rates customary at that time. The execution period will not commence until the Client has made the necessary data available to De Pitchcoach.
4. De Pitchcoach is not liable for any damage arising from her reliance on incorrect and/or incomplete data provided by the Client.
5. De Pitchcoach is compensated for her efforts. This means, among other things, that the Client is obliged to pay De Pitchcoach even if the desired result (for example, but not limited to attracting new customers and/or assignments) is not achieved.

Article 5. Amendment of the Agreement | Rescheduling of Dates

1. Additions and modifications to the Agreement are only binding on De Pitchcoach if they have been confirmed in writing by De Pitchcoach.
2. Without being in default, De Pitchcoach may refuse a request to amend the Agreement if such changes could have qualitative and/or quantitative consequences, for example, for the execution of the Agreement.
3. If a fixed fee has been agreed upon, De Pitchcoach will indicate to what extent the amendment or addition to the Agreement will result in an overrun of this fee.
4. Scheduled dates that are rescheduled less than two weeks in advance will be invoiced at 50% of the invoice price.

Article 6. Execution Period

1. The timeframes/delivery times provided by De Pitchcoach to the Client in connection with the execution of the Agreement are merely indicative and should never be considered strict deadlines, even if they are specified as final deadlines. In the event of exceeding the execution period, the Client must therefore provide De Pitchcoach with a written notice of default.
2. De Pitchcoach is entitled to execute the Agreement in different phases and to invoice the portion thus executed separately, before the commencement of the activities.
3. If the Agreement is executed in phases, De Pitchcoach may suspend the execution of those components belonging to a subsequent phase until the Client has approved in writing the results of the preceding phase.

Article 7. Obligations of the Client

1. The Client ensures that:
   a) The data and/or information required for the execution of the Agreement are made available to De Pitchcoach in the form desired by De Pitchcoach and at the times specified by De Pitchcoach.
   b) There is a safe and healthy working environment for the employees of De Pitchcoach in accordance with laws and regulations.
   c) All relevant information, access, and assistance are available that De Pitchcoach reasonably needs to provide the Services without interruption, including but not limited to suitable office/meeting spaces and facilities.
   d) De Pitchcoach receives notifications as soon as possible about anything that may affect the safety, risks, and/or obligations of De Pitchcoach under the Agreement or that may lead to an increase in the costs incurred by De Pitchcoach.
   e) Buildings or premises in or on which the work must be performed are made available to De Pitchcoach.
2. The services provided by De Pitchcoach under the Agreement to the Client may only be used for legal and legitimate purposes. Moreover, they may only be used in such a way that no infringement is made on the rights of Third Parties, including but not limited to intellectual property rights.
3. The Client indemnifies De Pitchcoach against any claims from Third Parties related to the manner in which the Client uses the services provided by De Pitchcoach.
4. If the obligations mentioned in this article are not fulfilled in a timely manner, De Pitchcoach may suspend the execution of the Agreement until the Client has fulfilled these obligations. The costs related to the incurred delay, the costs for performing additional work, or other resulting consequences are at the expense and risk of the Client.

Article 8. Fee

1. At the conclusion of the Agreement, the Parties agree on a fixed fee.
2. An additional charge applies for work performed on weekends and national public holidays. This surcharge amounts to 25% of the fee.
3. Business travel expenses (car; train: first class; airplane: business class), parking fees, accommodation costs, and other expenses reasonably incurred during the execution of the Agreement will be charged separately.
4. The fee and any cost estimates are exclusive of VAT and will be invoiced prior to the commencement of the work.
5. De Pitchcoach has the right to increase or augment the agreed fee/rates if De Pitchcoach provides more services than those stipulated by the Parties in the Agreement (“additional work”). De Pitchcoach will inform the Client of this intended increase/augmentation in advance. The reason for the price increase will also be stated on the invoice.
6. The price quoted by De Pitchcoach for the work to be performed expressly applies to the services in accordance with the agreed specifications.

Article 9. Payment and Collection

1. Payment shall take place prior to the date specified by De Pitchcoach on which she will begin executing the work, but in any case within 14 days after the invoice date. Payment is to be made in the manner indicated by De Pitchcoach and in the currency in which it was invoiced. Amounts due are to be paid by the Client according to the agreed payment conditions or as stated on the invoice. The Client is not entitled to any discount or set-off, nor to suspend payment. Objections to the amount of the invoices do not suspend the payment obligation.
2. De Pitchcoach has the right to apply payments made by the Client first to reduce costs, then to reduce accrued interest, and finally to reduce the principal sum and the ongoing interest. De Pitchcoach may, without being in default, refuse an offer of payment if the Client designates a different order for the allocation of the payment. De Pitchcoach may refuse full repayment of the principal sum if the accrued and ongoing interest and collection costs are not also paid.
3. The Client is never entitled to set off any amount he owes to De Pitchcoach. Objections to the amount of an invoice do not suspend the payment obligation.
4. If the Client is in default or fails to fulfil his obligations in a timely manner, all reasonable costs incurred to obtain payment, both judicial and extrajudicial, shall be borne by the Client, with a minimum of €150. A penalty interest of 1% per month is due on the overdue invoices.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment of the Client, all claims of De Pitchcoach against the Client become immediately due and payable.

Article 10. Warranty of De Pitchcoach | Complaints

1. De Pitchcoach guarantees that a perfect pitch will spark enthusiasm in both the presenter and the audience if the presenter follows her instructions. If this is not achieved in one session, De Pitchcoach will provide an extra session at no additional cost.
2. Complaints about the services rendered must be reported verbally and/or in writing to De Pitchcoach by the Client within 8 days of discovery, but in any case no later than 14 days after completion of the relevant services. The notice of default must contain as detailed a description as possible of the shortcoming, so that De Pitchcoach can respond appropriately.
3. If it is no longer possible or meaningful to perform the agreed services, De Pitchcoach will only be liable within the limits of Article 13.
4. A complaint does not suspend the Client’s payment obligation towards De Pitchcoach.

Article 11. Cancellation

1. Any impediment (regardless of its cause) leading the Client to cancel the Agreement falls entirely within the Client’s risk.
2. Cancellation without charge is possible up to 6 weeks before the start of the training/coaching. For cancellations between 6 and 2 weeks prior to the start, 50% of the fee is due. If cancellation occurs within two weeks, the full amount is payable, unless there is a case of force majeure. Cancellation must take place by telephone or email.
3. Upon receipt of the cancellation notice, De Pitchcoach will send a confirmation acknowledging receipt of that declaration.

Article 12. Suspension and Termination

1. De Pitchcoach and the Client are entitled to terminate the Agreement if circumstances arise that make the fulfilment of the Agreement impossible or can no longer reasonably be demanded according to standards of reasonableness and fairness, or if other circumstances occur that make it unreasonable to expect the unaltered continuation of the Agreement.
2. If the Client applies for a suspension of payments, bankruptcy is (or has been) filed, or if the statutory debt rescheduling scheme for natural persons is declared applicable to the Client—in all cases where the Client must seriously consider the possibility of not being able to meet his obligations towards De Pitchcoach—the Client is obliged to inform De Pitchcoach immediately by telephone and to confirm this notification in writing.
3. If the Client, for any reason whatsoever, fails to meet his obligations, De Pitchcoach is entitled, without being liable for any compensation, to dissolve the Agreement and to demand immediate full payment of what the Client owes at that time.

Article 13. Liability

1. If De Pitchcoach is liable, this liability is limited to what is stipulated in this provision.
2. Should De Pitchcoach be liable for any damage, her liability is limited to the invoice value of the Agreement, or at least to that portion of the Agreement to which the liability pertains and which has been actually performed by De Pitchcoach.
3. In all cases, the liability of De Pitchcoach is limited to the amount paid out by her insurer in the relevant instance.
4. Direct damage is exclusively defined as:
   a) The reasonable costs incurred to determine the cause and extent of the damage, insofar as the assessment relates to damage as defined in these Terms and Conditions;
   b) Any reasonable costs made to ensure the defective performance of De Pitchcoach conforms to the Agreement, unless such cannot be attributed to De Pitchcoach;
   c). Reasonable costs incurred to prevent or limit damage, provided the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these Terms and Conditions.
5. In cases where no invoice has yet been issued to the Client, the term “invoice amount” in the above text of this article should be read as ‘the agreed fixed price’ or ‘prevailing rate’ that would be charged to the Client for the services performed where the cause of the damage lies.
6. De Pitchcoach is never liable for damages other than those mentioned above, including indirect damages such as consequential loss, lost profits, missed savings, loss of goodwill, and damage due to business interruption.
7. De Pitchcoach is not liable for the consequences of inaccuracies in the data provided by or on behalf of the Client.
8. De Pitchcoach is never liable for any shortcomings and/or damages caused by Third Parties.
9. The limitations of liability for direct damage included in these Terms and Conditions do not apply if the damage is due to intent or gross negligence by De Pitchcoach or her subordinates.
10. The Client indemnifies De Pitchcoach against all Third-Party claims for compensation of damages.

Article 14. Force Majeure

1. The Parties are not obliged to fulfil any obligation if they are hindered due to a circumstance that is not attributable to fault and which is not for their account by virtue of the law, a legal act, or generally accepted practice.
2. In the event of force majeure, De Pitchcoach has the right to dissolve the Agreement without any obligation to pay compensation. Force majeure is understood to mean any unforeseen circumstance that reasonably prevents De Pitchcoach from fulfilling her obligations. Circumstances such as fire, accident, illness, pandemic, government measures, riots, war, terrorist attacks, obstructions by Third Parties, transportation blockades, sabotage, civil commotion, unforeseen technical complications unforeseen by both parties, or other circumstances over which De Pitchcoach has no control, are included.
3. If De Pitchcoach is compelled to terminate the Agreement due to force majeure, she retains the right to compensation for services already rendered and costs already incurred, including any advance payments made.

Article 15. Intellectual Property

1. De Pitchcoach reserves all rights and powers to which she is entitled under the Copyright Act and other intellectual property laws and regulations. De Pitchcoach has the right to use the knowledge, information, and data gained on her side from the execution of an Agreement for other purposes, provided that no strictly confidential information of the Client is disclosed to Third Parties.
2. The items mentioned in the previous paragraph may not be copied, either wholly or partially, shown to Third Parties, handed over, or otherwise disclosed without the written consent of De Pitchcoach. Nor may they be used or made available by the Client for any purpose other than that for which they were provided by De Pitchcoach.
3. The Client indemnifies De Pitchcoach against infringements of Third-Party intellectual property rights.
4. If De Pitchcoach receives a formal recommendation (for example, via LinkedIn), she may use this recommendation on her other social media channels and in brochures. The Client will always be informed of this.

Article 16. Privacy and Confidentiality

1. All materials (including but not limited to handouts, templates, and videos) are intended solely for the Participants and may not be transferred to Third Parties without the written consent of De Pitchcoach. This also applies to Third Parties employed within the Client’s company (or its affiliated companies). A separate licence agreement is required for the use of the materials referred to in this clause for toolboxes, internal training, webinars, etc.
2. De Pitchcoach complies with the obligations under legislation concerning the processing of personal data. De Pitchcoach will implement technical and organisational measures to secure personal data against loss or any form of unlawful processing.
3. The Client guarantees that all legal regulations concerning the collection and processing of personal data, including those provided by or pursuant to current laws and regulations, are strictly observed, that all required notifications have been made, and all necessary consents for the processing of personal data have been obtained. The Client will promptly provide De Pitchcoach with all requested information in this regard in writing.
4. The Client indemnifies De Pitchcoach against all claims from Third Parties that may be brought against De Pitchcoach due to a breach not attributable to De Pitchcoach of any laws and regulations, including but not limited to applicable privacy legislation.
5. The Client indemnifies De Pitchcoach against all claims from Third Parties, including government agencies, that may be brought against De Pitchcoach due to violations of laws regarding statutory retention periods.

Article 17. Penalty

If the Client fails to comply with one or more obligations as stipulated in Articles 15 and 16, he shall owe De Pitchcoach an immediately payable penalty of €5,000 (in words: five thousand euros), without prejudice to De Pitchcoach’s right to claim additional damages from the Client.

Article 18. Applicable Law and Choice of Forum

1. Dutch law exclusively applies to all offers, quotations, assignments/Agreements (including these Terms and Conditions).
2. All disputes arising from or related to these general Terms and Conditions or the offers, quotations, assignments/Agreements to which they apply, will be settled by the competent court within the district where De Pitchcoach is established.
3. Notwithstanding the above, De Pitchcoach is entitled to bring the matter before the competent court in the Client’s place of business.
4. The Parties will only appeal to the court after they have made every effort to resolve a dispute through mutual consultation.

Article 19. Place of Filing and Amendments to the Terms

1. These Terms are filed with the trade register of the Chamber of Commerce under number 77354168.
2. The version that is applicable is always the most recently filed version or the version that was valid at the time the legal relationship with De Pitchcoach was established.
3. The Dutch text of the Terms is always decisive for their interpretation.
4. De Pitchcoach reserves the right to amend or supplement the Terms. Minor changes can be made at any time. Major substantive changes will be discussed with the Client in advance.