1. Definition

1.1. General Terms and Conditions: this information provision covers the general terms and conditions of TEMMUT.
1.2. TEMMUT (KvK nr. 76775062 | VAT-id NL003134953B80) can be reached at: Termileslaan 172, 6229VX Maastricht, or info@temmut.com.
1.3. Coaching: coaching in training courses or personal coaching programs.
1.4. Participant: the person who takes part in a TEMMUT training programme.
1.5. Incompany training: a tailor-made training course organized by TEMMUT exclusively for one or more Clients.
1.6. Client: the party (individual or organization) who (wishes to) enter into an agreement with TEMMUT.
1.7. Training: a course which can be attended by means of open enrolment.
1.8. Training: training, In-company track or coaching, or any other form of training provided by TEMMUT. A training may consist of multiple training modules (in the case of training or an Intercompany project) or multiple coaching sessions (in the case of coaching).
1.9. Quotation: any offer by TEMMUT to enter into an Agreement, whether or not at the request of a Client.
1.10. Agreement: any agreement between TEMMUT and a Client.
1.11. Distance Agreement: an agreement as defined in Article 6:230g sub e of the Civil Code, whereby until the conclusion of the agreement exclusive use is made of one or more means of distance communication.
1.12. Parties: TEMMUT and Customer together.
1.13. In writing: by letter or by e-mail.

2. Applicability

2.1. The General Terms and Conditions shall apply to every Offer and Agreement.
2.2. The General Terms and Conditions can only be legally deviated from in writing.
2.3. Amended General Terms and Conditions are deemed to (also) apply to the (issued) Offer and the (concluded) Agreement if the Customer has not protested to TEMMUT in writing about the application of these amended General Terms and Conditions within 30 calendar days of their dispatch.

3. Realisation of the Agreement
   

3.1. Offers are non-binding and valid for 30 calendar days.
3.2. Notwithstanding the provisions of Paragraph 5, the Agreement shall come into being through the written consent of TEMMUT, registration with or assignment to TEMMUT and acceptance of this registration or assignment by TEMMUT.
3.3. An Agreement shall be formed exclusively between TEMMUT and the Customer. The effect of articles 7:404 and 7:407 of the Civil Code is excluded.
3.4. Any agreements, undertakings and/or changes to the Offer, after the Agreement has been made, are only binding on TEMMUT if these have been confirmed in writing by TEMMUT.
3.5. A (telephone) goal-setting discussion in which the learning goals of a training course are matched with the learning wishes of the participant may be part of the training course. This conversation is then the starting point of the training and is a condition for participation in that particular training.

4. Execution of the Agreement
   

4.1. Agreements concluded with TEMMUT lead to an effort obligation, not a result obligation for TEMMUT. TEMMUT shall exercise the care of a good contractor within the meaning of Article 7:401 of the Netherlands Civil Code in the execution of its activities.
4.2. Time periods mentioned by the customer or agreed between TEMMUT and the customer are only target dates and therefore do not bind TEMMUT.
4.3. TEMMUT is entitled to have (parts of) the Agreement executed by third parties. If TEMMUT engages third parties for the execution of an Agreement entered into with TEMMUT, TEMMUT is obliged to select these third parties with such care.

5. Confidentiality

5.1. TEMMUT, its employees and/or third parties engaged by TEMMUT shall treat information provided by the Client as confidential.

6. Pricing

6.1. All prices quoted by TEMMUT are in euros, excluding VAT. Package and accommodation costs are not included in the prices, unless explicitly stated otherwise. The most current prices, if available, are listed on the website www.temmut.com.
6.2. TEMMUT may pass on to the customer any cost-increasing factors (including but not limited to purchase prices, wages and taxes) that arise after the conclusion of the agreement.
6.3. If the Client is a private individual, and the cost-increasing factors referred to in paragraph 2 lead to a change in price within three months of the conclusion of the Agreement, the Client will have the right to dissolve the Agreement.
6.4. At the request of the Principal, a training course may be offered exempt from VAT. If that offer is accepted TEMMUT will provide the training and a pre-surcharge of 10% on the training price will be charged.

7. Invoicing and payment
   

7.1. TEMMUT shall invoice after the Agreement has been concluded.
7.2. Customer shall pay amounts due to TEMMUT without set-off, suspension and/or discount within 14 calendar days of the invoice date.
7.3. If the Customer has not paid in full within the stipulated period, the Customer shall be in default without further notice of default. In addition to the statutory (commercial) interest, the Customer shall in this case also owe collection costs of 15% of the amount not paid on time.

8. Rescheduling or cancellations by TEMMUT
   

8.1. TEMMUT is entitled to move a training course, training module or coaching session to another training location, another date and/or another time without giving reasons, in which case the Client has the right to cancel the moved training course, training module or coaching session, free of charge. The Client shall in this case be entitled to a refund of the price paid to TEMMUT for the cancelled training course, training module(s) or coaching session(s).
8.2. TEMMUT is entitled to cancel a training course, training module(s) or coaching session without giving any reason, in which case the Client is entitled to a refund of the price paid to TEMMUT for the cancelled training course, training module(s) or coaching session(s).

9. Cancellations by the Customer
   

Right of Withdrawal from Distance Contracts
9.1. Client has the right to cancel the remote Agreement without giving reasons for 14 calendar days after the conclusion of the Agreement. In the case of a Distance Contract relating exclusively to registration for a training course via website or telephone, the period of 14 calendar days shall commence on the day of registration/enrollment.

Cancellation of training courses
9.2. A training course can only be cancelled in writing and before the start. In the event of such cancellation (without prejudice to the cooling off period as referred to in paragraph 1) TEMMUT shall be entitled to charge the following costs to the customer:
a. for cancellation within three months prior to commencement: € 155,- administration/cancellation fee;
b. In the event of cancellation within six weeks of commencement: 50% of the price;
c. in the event of cancellation within three weeks prior to commencement: 100% of the price.
9.3. With due observance of the provisions of Article 3.5, a placed participant may be replaced. If a replacement participates in the training, the customer will still owe the price to TEMMUT.
9.4. If a participant or his replacement has not attended the training without cancelling, this is considered a cancellation within three weeks before the start as mentioned in paragraph 2 and thus 100% of the price will be charged.
9.5. Not participating in an activity on that date on which one is placed is regarded as a cancellation (even if the same activity is participated in at a later date).

Cancellation of coaching

9.6. Coaching sessions can only be cancelled in writing and before the start of the relevant coaching session. In the event of such cancellation (without prejudice to the cooling-off period as referred to in paragraph 1) TEMMUT shall be entitled to charge the following costs to the client:
a. for cancellation within one month before the start of the coaching session in question: € 155,- administration/cancellation fee;
b. in the event of cancellation within 2 working days prior to the start of the coaching session in question: 100% of the price.
9.7. If a participant has not attended a coaching session without cancelling, this will be regarded as a cancellation within 2 working days before the start as mentioned in paragraph 5, and consequently 100% of the price will be charged.

Cancellation of Incompany sessions
9.8. Incompany courses can only be cancelled in writing and before the start. In the event of such cancellation (without prejudice to the cooling off period as referred to in paragraph 1) TEMMUT is entitled to charge the following costs to the customer:
a. in the event of cancellation up to one month prior to commencement: the actual costs incurred by TEMMUT (to be specified by TEMMUT), including in any case an amount of € 155.00 for administration/cancellation costs;
b. in the event of cancellation within one month of commencement: that part of the price already invoiced by TEMMUT as well as the actual costs incurred by TEMMUT (to be specified by TEMMUT).

Cancellation of overnight stay
9.9. An overnight stay booked with TEMMUT may only be cancelled before the actual stay and in writing. In the event of such cancellation, (without prejudice to the cooling-off period referred to in paragraph 1) TEMMUT is entitled to charge the customer for the costs actually incurred by TEMMUT (to be specified by TEMMUT) as well as the following costs:
a. for cancellation within one month before the actual stay: 15% of the price;
b. For cancellations within 14 calendar days prior to the actual stay: 35% of the price;
c. Cancellation within seven calendar days prior to the actual stay: 55% of the price.
d. Cancellation within three calendar days before the actual stay: 85% of the price.
e. in the event of cancellation within one calendar day before the actual stay, on the day of the actual stay or in the event of a no-show: 100% of the price.

10. Premature termination by the Client

10.1. If the Client terminates the Agreement prematurely after the commencement of services, there is no right to any refund of the amount paid or still owed by the Client to TEMMUT.
10.2. If the Client terminates the Agreement prematurely after the commencement of the course, any claims of TEMMUT against the Client become immediately due and payable.

11. Liability

11.1. In case liability of TEMMUT is established, TEMMUT is only obliged to compensate direct damage, subject to the limitations included in this article.
11.2. TEMMUT is not liable for indirect damages (such as, but not limited to, consequential damages, fines, lost sales, lost profits, lost savings, reduced goodwill, reputational damage and immaterial damage). In addition, as far as sports and similar activities are part of the agreement entered into with TEMMUT, TEMMUT is not liable for property damage or in case a participant does not observe the (safety) instructions.
11.3. TEMMUT is not liable for direct damage which is (partly) caused by the fact that TEMMUT, in the event on which the liability is based, has assumed incomplete or inadequate information provided by or on behalf of the Customer.
11.4. The extent of TEMMUT’s liability for direct damages is always limited to the amount actually paid to TEMMUT by TEMMUT’s insurer.
11.5. If the Client does not itself participate in a training course, the Client warrants that the participants have accepted the aforementioned limitations of liability.
11.6. The limitations of liability included in paragraphs 1 to 4 do not apply if the damage of the Client is the result of intent or conscious recklessness of TEMMUT or its managerial subordinates.

12. Intellectual property rights
    

12.1. To the extent that copyright, trademark, design, trade name or other intellectual property rights rest on products and services provided by TEMMUT in execution of the Agreement, TEMMUT is and shall remain the holder (under licenses from third parties), respectively the owner of these rights. The Customer only acquires a non-exclusive and non-transferable right of use to the extent necessary for the execution of the Agreement.
12.2. The Client may only use the material carriers of these rights for the purpose for which they have been provided to the Client, not reproduce them and not change or remove any copyright, trademark, model, trade name or other indications.

13. Personal data

13.1. TEMMUT shall process personal data provided by the Client in accordance with its privacy statement.
13.2. The Client guarantees that those whose personal data are provided have been informed about the processing of their data by TEMMUT.

14. Employees of TEMMUT

14.1. If during or within 12 months of the expiry of an Agreement, the Client wishes to employ employee(s) whom TEMMUT employs or has employed under the Agreement, then the Client shall owe TEMMUT a fee in the amount of 30% of the gross annual salary of the employee(s) concerned.

15. Applicable law and disputes
    

15.1. The Agreement shall be governed exclusively by Dutch law.
15.2. In case of complaints and/or disputes which apply to the Agreement between TEMMUT and the Customer, TEMMUT may be contacted via info@temmut.com. TEMMUT will then take the necessary action to resolve this dispute with the Customer.

Version 1.0_EN
January 2020
-Translated December 202