General Terms and Conditions The Multipassionate

Welcome! 

Thank you for taking the time to read the general terms and conditions of The Multipassionate. In these terms & conditions, The Multipassionate stipulates the conditions under which it provides its services and digital products. Please read them carefully.  

01 Contact details  
Should you, after reading these terms & conditions, have any questions or comments, you can contact The Multipassionate in any of the following ways:   

Email: hannah@themultipassionate.com 

In writing: Boterdijk 42 (5853 BZ), Siebengewald, The Netherlands 

Here are some important numbers: 

Chamber of Commerce: 84015497 

Dutch VAT number: NL003910224B45 

02 Reading guide 
In these general terms and conditions, the following terms, whether in the single or plural, will have the following meaning: 

  • Consumer: every natural person not acting in the exercise of a profession or business; 
  • Dutch Civil Code: the Dutch Civil Code, “Burgerlijk Wetboek”, “BW”; 
  • In writing: communication via (registered) post, email, or text message;  
  • Store: the online store of The Multipassionate, powered by Stripe;  
  • The Multipassionate, I, me, mine: the user of these terms and conditions; 
  • You, yours: the natural person or legal entity (i.e. the client), that enters into an agreement with The Multipassionate or wishes to enter into an agreement with The Multipassionate; 
  • We, us, our: you and The Multipassionate. 

03 Applicability  
1. My terms & conditions tell you what you can expect from me, and what I can expect from you. My general terms and conditions apply to every offer made by me and / or every agreement between us, the online store of The Multipassionate, and to all (other) activities that I perform for you.  
2. Your general terms and conditions are hereby expressly rejected by me and will not apply to the agreement.  
3. It may happen that we want to make a deviation and / or additional agreement. These changes should always be laid down in writing, so that we both know where we stand. 

04 Quotations & offers 
1. Unless explicitly stated otherwise in writing, offers are without obligation.  
2. All prices mentioned are exclusive of VAT and in euros, unless you are a consumer, in which case the prices are inclusive of VAT.  
3. I cannot be held to my offer if you should have understood that the offer, or any part thereof, contained an obvious mistake or error. 
4. Individual offers are based on the information you have provided. You must provide me with all necessary information for the performance of the agreement. You guarantee the accuracy and completeness of the information provided. 
5. Unfortunately, I cannot guarantee the availability of digitals products and services offered on my website. I have the right to withdraw digital products / services at any time. 6. Do you decide, after seeing the offer, that only part of the offer is of interest to you? Please let me know as soon as possible. Bear in mind, however, that I’m never obliged to accept a partial acceptance of the offer.  
7. Only the description of the services / digital products as specified in the offer or on my website is binding for me. This means, among other things, that after you have accepted my offer, you cannot change the assignment without my permission.  

05 How do we start? 
1. Notion templates and the Clarity Session can be ordered online via the online store. To complete the order, you must accept the respective conditions and confirm the purchase. After placing an order, you will receive an email from me acknowledging that I have received your order (confirmation email). 
2. In other respects, i.e. outside the online ordering option of notion templates and the Clarity Session, the agreement between you and me is concluded after (i) you have accepted my offer, or (ii) if I may reasonably consider your behavior as (impression of) consent. 

06 General requirements 
1. Please note that, in order to fully enjoy my services / digital products, you must have a solid understanding of the English language. 
2. I provide online services. Please note that you are responsible for ensuring that the technical requirements for access to and use of the respective services booked, are met. So, for example, you are responsible for a stable internet connection during our coaching sessions. I cannot guarantee that the online services I offer can actually be used with your computer/device. 
3. I may assign my rights under this agreement to others. You may do so only after obtaining written permission from me. 
4. I reserve the right, in limited instances, to amend the content of the coaching session and / or program, if I am of the opinion that such amendment does not fundamentally change the content of such session and / or program.  
5. You are responsible to inform me on time of any special requirements needed. I will endeavor to accommodate such needs if it’s considered possible and reasonable.  
6. All intellectual property rights relating to software, data, documentation, training materials, workbooks, notion templates, and any other materials provided, are owned exclusively by me and / or my licensors. I hereby grant you a limited, personal, non-exclusive, non-sub-licensable and non-transferable right to use the (content of the) materials provided by me for the purpose intended. You are not allowed to reproduce or copy such software, data, documentation, training materials, notion templates, workbooks, and any other materials, without my written permission. You authorize me to use (your company’s) (trade) name(s), trademark(s), logo(s) in the context of my promotional activities.  
7. I provide my services / digital products on the basis of a best-effort obligation. I can’t guarantee that my services / digital products will be accessible at all times and without any interruptions / disruptions.  
8. If I perform any additional services upon your request or with your prior consent, you are required to reimburse these additional services according to my usual (hourly) rates. You understand that additional work may influence the performance of the agreement, the pre-agreed prices and / or deadline(s).  

07 Coaching 
1. You understand and acknowledge that I am not functioning as a licensed mental health professional and coaching is not, in any way, intended as a replacement for therapy, counseling and / or mental health care.  
2. You understand that the success of any coaching session, depends largely upon your commitment. It is your sole responsibility to take action, in and in between sessions. I cannot guarantee that you achieve any desired result(s). 
3. I may assign tasks to you or homework to complete. Of course, you’re not obliged to complete these tasks, but not doing so may slow down your progress.  
4. The coaching is performed remotely through Zoom, Skype or any other videocall platform. You understand that, with electronic communication, it cannot be ruled out that third parties may become aware of our coach call (and its content). I accept no responsibility for any damages in this regard.  
5. You may record the online coach call if you have asked this before the call has started, and I have agreed to this.  
6. Unless otherwise agreed, you are responsible for calling me at the time agreed for the session. If you are late for a session, you must inform me as soon as possible. The length of the session will be reduced by the amount of time you’re late for the call. 
7. It you have a valid reason to reschedule a coaching session, please let me know as soon as possible, but always with at least 24 hours notice, by sending an email to hannah@themultipassionate.com. If you miss a coaching session without at least 24 hours notice, the session will be cancelled and cannot be rescheduled.  
8. I can reschedule coaching sessions at any given time. This will be communicated to you via email. It is your own responsibility to provide me with a valid email address. 
9. During coaching sessions, you may share sensitive information. I will not use or disclose such information to any third party. This restriction, however, does not apply to: 

  1. the use or disclosure of information that is required by law or authorised by you;  
  1. information that was known to me prior to its disclosure by you; 
  1. information that is in the public domain or becomes publicly available other than through my unauthorized disclosure. 
  1. 1 Cancellation Clarity Session:
  • You may cancel the Clarity Session up to 72 hours before the start of the session and receive a full refund. 

  Cancellation tailor-made coaching program: 

  • Consumers may at any time cancel a tailor-made coaching program. If the program ends before it has been completed, then I am entitled to a remuneration (fee) which has to be determined on the basis of reason (such as the work already performed by me, the benefit that you have gained from the work and the ground which has lead to the end of the agreement.). You’re not entitled to cancel a tailor-made coaching program if you’re not a consumer.  

08 VA Services 
1. Any and all engagements will be performed solely for the benefit of you (‘the client’) and not of third parties. Third parties cannot derive any rights from the content of the work performed, under any name or title whatsoever. 
2. If the assignment proceeds in phases, you shall give your approval or disapproval after the completion of each phase. I may postpone the execution of a subsequent phase for as long as approval or rejection is not forthcoming. The rejection of a later stage does not affect the approval of an earlier stage. 
3. You will provide me with all the authority and information required for the proper execution of the assignment. 
4. You are responsible for the final proof-reading of the work performed by me.   
5. Unless otherwise agreed upon in writing, you are not allowed to terminate our agreement voor VA services prematurely. 
6. I shall observe secrecy with respect to all confidential information (meaning, insofar as such information is specified as confidential or if the recipient knows or ought reasonably to suspect it to be of a confidential nature). Confidential information may be disclosed to a third party if I am required to do so by statutory regulation, court ruling, or if disclosure is necessary for the proper performance of the work by me.  
7. In case you have purchased a 10-hours plan for VA services, the hours must be utilized within a year after purchase.  
 
09 Third parties 
1. Unless otherwise required by mandatory consumer law, I have the right to engage third parties for the execution of the assignment (without your permission) and I am not responsible for the actions or omissions of these third parties. Articles 7:404 and 7:407(2) of the Dutch Civil Code will expressly not apply to the assignment. Article 6:76 of the Dutch Civil Code is also expressly excluded.  

10  Lapse of the right of withdrawal (consumer) 
1. This article is only applicable to you if you’re a consumer. Professional customers don’t have a right of withdrawal.  
2. In the case of a contract for the provision of services, the right of withdrawal lapses if I have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if I had completely fulfilled the contract. 
3. In the case of a contract for the delivery of digital content that is not stored on a physical data carrier, the right of withdrawal also lapses if I have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once I had begun to perform the contract.  

11 Prices, payment 
1. The price of my services and digital products shall be the one quoted on my website / offer, except when there is a manifest error.  
2. Payment is due when the service or product is ordered, unless we agree otherwise. You agree to electronic invoicing, if we have agreed that I will invoice you for the provided services. I’m entitled to suspend performance of my obligations until the payment has been received. 
3. If no payment period has been specified on the website or otherwise agreed upon in writing, payment shall be made within 30 days of the invoice date.  
4. If you fail to fulfil your payment obligations in a timely manner (resulting, for example, from reversal) I shall first inform you of the late payment and grant you an additional term of 14 days within which to fulfil your payment obligations. If you fail to fulfil your payment obligations within this additional term, I am entitled to charge the statutory interest on the amount still owed and extrajudicial collection costs incurred. For consumers, these collection costs will amount to a maximum of: 15% of outstanding amounts up to € 2.500,= 10% of the subsequent € 2.500,= and 5% of the following € 5.000, with a minimum of € 40, -. I can diverge from the stated amounts and percentages if this is to your benefit.  
5. My prices can change at any time. I will give written notice of this at least one month in advance. However, such changes will not affect any order you have made via the online store for which you have already received an order confirmation. 

12 If you have a complaint 
1. If you’re not happy with my digital products and / or services, you can submit a complaint. Please note that a complaint must be submitted within a reasonable time after discovering the defect. If you do not submit a complaint within the period of time stated, your right to complain expires.  
2. You will receive a response to your complaint within 48 hours (counting from the date of receipt of the complaint).  
3. If I consider the complaint to be well-founded, I will come up with a reasonable solution as soon as possible.  
4. The EU Commission provides a platform for extrajudicial dispute arbitration. This platform gives you as a consumer the opportunity to settle your dispute associated with your online order out of court. You – as a consumer – may present a dispute to the dispute committees via the ODR platform. Click here to submit your complaint. 
5. Unless you are a consumer, complaints of any nature whatsoever will not suspend your payment obligations.  

13 Limitation of liability 
1. In case of damages resulting from an attributable failure in the performance of the agreement, from any unlawful act or otherwise, I will only be liable for direct damages, and explicitly not for indirect damages. Direct damages are, for example, the reasonable costs you have to incur to establish the extent of the damage you have suffered. Indirect damages include, but is not limited to, reputational damage, loss of profit, damage due to business stagnation and missed savings.  
2. My liability is at all times limited to the purchase price or the last invoice, with a maximum of EUR 1.000,-.  
3. Insofar the damage was caused because I intentionally caused it or because I was grossly negligent, I will be liable for the damage.  
4. Any claim against me expires within 12 months after the agreement has come to an end.  
5. I have no obligation to retain any used and / or supplied materials and data after the termination of the agreement.   
6. Coaching sessions do not in any way constitute advice and should not be relied upon for the purpose of providing advice. They are not intended to be a definitive or comprehensive analysis of the subject.  
7. You indemnify me against any third-party claim connected with the performance of the agreement.  

14 Competent court, applicable law  
1. Should any dispute arise, we will do our best to find a solution. If the dispute cannot be resolved, either party may propose to the other in writing to submit the matter to mediation. Any dispute that cannot be settled amicably or through mediation, shall be submitted exclusively to the competent court of Limburg. The consumer will have the right to choose to have the dispute settled by the competent court according to the law, within one month after I have invoked the jurisdiction of the competent court of Limburg in writing.  
2. Our relationship is governed exclusively by Dutch law, under exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply. 

15 Last but not least 
1. If a provision of these terms and conditions is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the terms and conditions. The other provisions will remain in full force.  
2. I reserve the right to amend and / or supplement these general terms and conditions, at any time. Of course, I will inform you in advance of any changes. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.