General Terms and Conditions
On this page, you will find the general terms and conditions of Sparkwork. By using our services and products, you agree to the terms and conditions outlined below.
Sparkwork, Den Bosch. Hereinafter referred to as: user
ARTICLE 1. Definitions
In these general terms and conditions, the following definitions apply:
User: the user of these general terms and conditions;
Client: the natural person or legal entity entering into an agreement with the user;
Agreement: any mutual acceptance, confirmed in writing or by email, of the delivery of one or more services by the user;
Services: all training sessions, coaching sessions, workshops, and related activities offered by the user.
ARTICLE 2. Applicability of these conditions
These conditions apply to every offer, quotation, and agreement between the user and a client, to which the user has declared these conditions applicable, unless the parties have explicitly and in writing deviated from these conditions.
These conditions also apply to all agreements with the user, for the execution of which third parties need to be involved.
ARTICLE 3. Offers and quotations
All offers are non-binding, unless a period for acceptance is stated in the offer or quotation.
The offers and quotations made by the user are non-binding; they are valid for 30 days, unless otherwise indicated. The user is only bound by the offer if the acceptance thereof is confirmed in writing by the other party (client) within 30 days.
The prices mentioned in the offers or quotations are exclusive of VAT, unless otherwise indicated.
ARTICLE 4. Execution of the agreement
The user will execute the agreement to the best of their knowledge and ability and in accordance with the standards of good craftsmanship and based on the state of knowledge at that time.
If and to the extent that proper execution of the agreement requires it, the user has the right to have certain work carried out by third parties.
The client shall ensure that all information which the user indicates is necessary, or which the client should reasonably understand to be necessary for the execution of the agreement, is provided to the user in a timely manner. If the information required for the execution of the agreement is not provided in time, the user has the right to suspend execution and/or charge the client for the extra costs resulting from the delay according to the usual rates.
The user is not liable for any damage resulting from reliance on incorrect and/or incomplete information provided by the client, unless the user should have been aware of such inaccuracy or incompleteness.
If it is agreed that the agreement will be carried out in phases, the user may suspend execution of those parts belonging to a subsequent phase until the client has approved the results of the preceding phase in writing.
ARTICLE 5. Cancellation or modification
Cancellation
Cancellation or modification of a training or coaching session by the client must be done in writing.
In the event of cancellation of a training session, the client is required to pay cancellation fees: up to 4 weeks prior to the training: 25%, up to 1 week prior: 50%, within 1 week prior: 100%.
If a coaching session or training is cancelled within 24 hours of the scheduled time, the user will charge the full amount and the client is obliged to pay it. Appointments cancelled or rescheduled earlier than that will not be charged. No-shows will be charged in full and the client is obliged to pay.
The user reserves the right to reschedule a training or coaching session due to unforeseen circumstances. In such cases, the user will consult with the client to determine a new date.
Modification
If during the execution of the agreement it appears that proper execution requires changes or additions to the activities, the parties will modify the agreement accordingly in a timely and mutual consultation.
If the modification or addition to the agreement affects the time of completion, the user will inform the client as soon as possible.
If the modification or addition has financial and/or qualitative consequences, the user will inform the client in advance.
If a fixed fee has been agreed upon, the user will indicate the extent to which the modification will result in an increase of that fee.
ARTICLE 6. Confidentiality
Both parties are obliged to keep all confidential information obtained from each other or from another source in the context of their agreement confidential. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
ARTICLE 7. Intellectual property
Without prejudice to the provisions of Article 7, the user retains the rights and powers conferred by the Copyright Act.
All materials provided by the user, such as reports, advice, designs, sketches, presentations, software, etc., are intended solely for use by the client and may not be reproduced, published, or made known to third parties without prior written consent from the user.
The user also retains the right to use the knowledge gained during the execution of the work for other purposes, provided that no confidential information is disclosed to third parties.
ARTICLE 8. Fees
Parties may agree on a fixed fee when entering into the agreement. If no fixed fee is agreed, the fee will be determined based on the actual hours worked, calculated according to the user’s standard hourly rates applicable during the period in which the work is carried out, unless a different rate has been agreed.
For assignments with a duration of more than one month, the costs will be charged periodically.
If a fixed fee or hourly rate is agreed, the user is nevertheless entitled to increase this fee or rate. The user may pass on price increases if it can be demonstrated that significant changes have occurred in wage costs or other relevant price components between the time of the offer and the delivery.
ARTICLE 9. Payment
Payment must be made within 14 calendar days of the invoice date, in the currency stated on the invoice and in a manner specified by the user.
If payment is not made within 14 days, the client will be in default. From that time, interest of 1% per month will be charged on the outstanding amount, unless the statutory interest rate is higher, in which case the statutory rate applies.
In case of liquidation, bankruptcy, or suspension of payment by the client, the claims of the user and the obligations of the client become immediately due and payable.
Payments made by the client will first be applied to interest and costs due, and secondly to the oldest outstanding invoices, even if the client indicates that the payment relates to a later invoice.
ARTICLE 10. Liability
If the user is liable, such liability is limited as follows:
The liability of the user, insofar as covered by liability insurance, is limited to the amount paid out by the insurer.
The limitations of liability do not apply in cases of intent or gross negligence by the user or its subordinates.
The user is never liable for consequential damage.
ARTICLE 11. Force majeure
In these general terms and conditions, force majeure includes, in addition to what is defined by law and jurisprudence, all external causes, whether foreseen or unforeseen, that are beyond the user’s control but prevent the user from fulfilling their obligations. This includes strikes at the user’s company.
The user is also entitled to invoke force majeure if the circumstances preventing fulfillment occur after the user should have fulfilled their obligations.
During force majeure, the obligations of the user are suspended. If the period of force majeure lasts longer than two months, both parties are entitled to dissolve the agreement without any obligation to pay compensation.
If, at the time of force majeure, the user has partially fulfilled their obligations or can only partially fulfill them, the user is entitled to invoice the performed or performable part separately. The client is obliged to pay this invoice as if it were a separate contract. This does not apply if the part delivered has no independent value.
ARTICLE 12. Dispute resolution
The court in the user’s place of residence has exclusive jurisdiction to hear disputes, unless the subdistrict court is competent. Nevertheless, the user reserves the right to summon the counterparty before the competent court according to the law.
ARTICLE 13. Applicable law
Every agreement between the user and the client is governed by Dutch law.
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