Article 1 – Definitions and applicability

In these general terms and conditions, the following definitions shall apply:

Contractor: Essence E_Services, registered in the trade register under number: 37109388, who uses these general terms and conditions to offer services.
Client: the person or body, who commissions the contractor to provide services.
Client: the person who uses any of the services offered by the contractor.
The commissioning party and the client may, but need not, be the same.
Unless otherwise agreed in writing, these general terms and conditions shall apply to all offers and agreements of the contractor.
Any deviations from these general terms and conditions shall only be valid if expressly agreed in writing.
The applicability of any terms and conditions of the client is expressly rejected by the contractor unless they have been expressly accepted by the contractor in writing.
No rights may be derived from the tacit non-application of these general terms and conditions.

Article 2 – Quotations and offers

Quotes by the contractor are based on information provided by the client.
All quotations and offers of the contractor are without obligation, unless the offer explicitly states otherwise.
Quotations are valid until the date stated on the quotation. After this date, no rights may be derived from the underlying quotation.
Unless stated otherwise in an offer, the prices quoted are exclusive of VAT for companies and inclusive of VAT for private clients.
Quotations do not automatically apply to future assignments.
The contractor cannot be held to an offer if the client can reasonably understand that (part of) the offer contains an obvious mistake or clerical error.

Article 3 – Conclusion and fulfilment of agreement

An agreement between the contractor and a client is established by offer and acceptance.
An order is granted by the signed return of an offer made by the contractor, or by acceptance of an offer sent digitally by the contractor.
The agreement shall also be deemed to have been concluded in accordance with the offer made by the contractor as soon as the contractor has started the actual provision of services.
The agreement entered into with the contractor shall result in an obligation of effort for the contractor, not an obligation to achieve a result.
The contractor shall be obliged to carry out the work to be performed by it to the best of its knowledge and ability, in accordance with the requirements of good workmanship.
The contractor shall in some cases perform its services (also) with the help of third parties it engages.
In the event of force majeure, as a result of which fulfilment of the agreement cannot reasonably be required of the contractor, the performance of the agreement shall be suspended, to be fulfilled at a later date, or the agreement shall be terminated, all without any obligation to pay damages.

Article 4 – Provision of information by the client

The client is obliged to provide all personal data requested by the contractor. The contractor shall only ask for data that are necessary for the execution of the agreement. If after the conclusion of the agreement changes occur in the data provided by the client, this must be communicated to the contractor.
The contractor is not responsible for the consequences of not having received information from the client due to incorrect (address) data.

Article 5 – Payment

Payment shall be made within the period indicated on the invoice, in a manner to be indicated by the contractor, unless otherwise agreed. If no term has been agreed, payment must be made within 14 days of the invoice date.
If the client fails to pay the invoice on time, he shall be in default immediately and without notice of default. The client shall then owe statutory interest to the contractor. In that case, the contractor may decide to suspend the provision of services to the client or to terminate the agreement with immediate effect. The contractor shall notify the client in writing of any intention to suspend the provision of services or terminate the agreement.
Objections to the amount of the invoice do not suspend the client’s payment obligation.
All (extra)judicial costs involved in collection shall be borne by the principal.
Unless otherwise agreed in writing, the client is the one who is obliged to pay the agreed price for the contractor’s services.

Article 6 – Cancellation/termination of the agreement

The service provider has the right to cancel a coaching session, coaching programme, workshop or training course or to refuse a client’s or client’s participation or to refuse the client’s designated coachee without giving any reason, in which cases the client is entitled to a refund of the full amount paid by the client to the service provider.
Cancellation by the client may be done free of charge up to 6 weeks before the start of a coaching programme, workshop or training course. In case of non-cancellation, the client will be obliged to pay the total amount of the coaching programme, coaching session, workshop or training course.
In the event that, after commencement of the coaching programme or training course, the client or customer terminates the participation prematurely or does not participate in it in any other way, the client will not be entitled to any refund, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
An individual coaching session may be cancelled or rescheduled free of charge up to 24 hours before the start. The service provider will always try to reschedule appointments. In case of cancellation within 24 hours, the contractor is entitled to charge the previously agreed price.
The contractor has the right to terminate the agreement with immediate effect and without judicial intervention, if the client fails to comply with the obligations arising from the agreement, including the obligations laid down in these terms and conditions, unless the client, after having been reminded to do so in writing, complies with his obligations within 14 days of this reminder being sent.

Article 7 – Liability and risk

The contractor accepts no liability whatsoever towards the principal arising from any shortcoming or wrongful act attributable to the contractor.
If the contractor should be liable for any damage whatsoever, the liability shall be limited to a maximum of the amount of the total fee for an assignment given.
The limitations of liability included in this article shall not apply if the damage is due to intent or gross negligence of the contractor or its subordinates.
If damage is caused to persons or property by or in connection with the performance of services by the contractor or otherwise, for which the contractor is liable, such liability shall be limited to the amount paid out under the liability insurance taken out by the contractor, including the excess borne by the contractor in connection with such insurance.

Article 8: Force majeure

The contractor shall not be obliged to fulfil any obligation towards the client if prevented from doing so by force majeure. The contractor may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, both parties shall be entitled to dissolve the agreement, without any obligation to pay compensation to the other party. Work performed by the contractor before the force majeure occurred may be invoiced to the client.

Article 9 – Intellectual property and user rights

Copyright and any other intellectual property rights shall remain vested in the Contractor. All documents produced and/or provided by the Contractor, such as reports, advice, calculations, etc., are intended solely for the Client’s use and may not be reproduced, disclosed, or implemented by anyone other than the Contractor without the Contractor’s prior consent, unless expressly agreed otherwise or unless the nature of the documents provided dictates otherwise.

Article 10 – complaints procedure
Any complaints about services provided by the contractor must be made known to the contractor in writing, stating reasons, within 8 days of their delivery. Failing this, the client shall be deemed to be in agreement with the services provided. Filing a complaint shall not release the client from his payment obligation.

Article 11 – final provision

If any provision in these general terms and conditions is null and void or should be annulled, the other provisions of these general terms and conditions shall remain fully applicable. To replace the void or voided provision, the contractor and the client will agree on a new provision in consultation. The purpose and purport of the original provision will be taken into account as much as possible.
The agreement between the contractor and the client is governed by Dutch law.
These conditions will remain in force if the contractor changes name, legal form or owner.

Privacy regulations

To be able to perform the assignment to the best of its ability, the contractor keeps records of personal and administrative data. To guarantee clients and customers that their privacy is protected and their data are handled with care, the contractor uses privacy regulations.

Article 1 – Personal data

The personal data provided by the client to the contractor are personal data within the meaning of the Personal Data Protection Act (Wbp). The contractor is responsible for ensuring that these personal data are processed in accordance with the Wbp and in a proper and careful manner.
The personal data provided by the Client are intended solely for the purpose for which they were transferred and issued. This includes data that enable the contractor to carry out the assignment, data that enable the contractor to keep financial records and data that enable the contractor to contact the client.
The Client may request to inspect his personal data and to correct, supplement or amend them.

Article 2 – Confidentiality

The contractor shall treat all information on individual clients as confidential and shall ensure that this information is not disclosed to third parties. Only in emergencies where the client’s own life or the lives of others are at risk or are likely to be at risk, may this be deviated from.
The contractor shall ensure that this confidentiality obligation is also observed by any third parties engaged in the performance of its work.

Article 3 – Retention period

Personal data shall not be kept longer than necessary for the purposes of executing the assignment, unless otherwise agreed with the client.

Essence E-Services

Countess Juliana van Stolberglaan 31

2263 AB Leidschendam

Box A90

The Netherlands

Ch. of Commerce (KvK) : 37109388

*Updated for the last time on 24-01-2025