General Terms and Conditions
Article 1 General, Applicable conditions
- In these General Terms and Conditions, the following is understood to mean:
- Jouw Scriptiecoach B.V.: a service provider for thesis supervision and related matters, established and having its registered office in Santpoort-Noord, registered in the Trade Register under number 73825565.
- Student: the natural person who has entered into an agreement with Jouw Scriptiecoach B.V.
- Parties: Jouw Scriptiecoach B.V. and Student.
- Agreement: the agreement entered into in writing by Parties to implement the Order as well as the conditions under which the Order is implemented.
- Order: part of the agreement that applies between Parties, entailing a task to be performed by Jouw scriptiecoach for the benefit of the Student, namely Online Thesis Supervision and Location Thesis Supervision.
- Online Thesis Supervision: thesis supervision and related activities via e-mail, skype or phone.
- Location Thesis Supervision: thesis supervision and related activities via a physical meeting at a location in the Netherlands.
- Supervision hour: a time unit of sixty minutes, either in the form of Online Thesis Supervision or in the form of Location Thesis Supervision.
- Supervisor(s): the thesis supervisor assigned to the Student by Jouw Scriptiecoach B.V.
- These General Terms and Conditions are applicable to all Agreements between Jouw Scriptiecoach B.V. and Student, all work to be performed by Jouw Scriptiecoach B.V. for the benefit of the Student, and to all Orders of the Student to Jouw Scriptiecoach B.V.
- The Student explicitly declares that these General Terms and Conditions have been made available to them prior to the Order. The Student also explicitly declares to be aware of the content of the General Terms and Conditions and declares to explicitly agree with all provisions in these General Terms and Conditions.
- The Privacy Statement of Jouw Scriptiecoach B.V. forms an integral part of these General Terms and Conditions.
Article 2 Offers and quotations
- The offers and quotations made by Jouw Scriptiecoach B.V. are free of obligation, unless expressly agreed otherwise, and are valid for 30 days, unless indicated otherwise.
- The first intake interview between Student and Jouw Scriptiecoach B.V. and/or Supervisor, if conducted by phone or online, is free of obligation, unless expressly indicated otherwise in writing.
- All amounts stated in offers and quotations are in Euros.
- A combined quotation does not oblige Jouw Scriptiecoach B.V. to performing part of the Order at a corresponding part of the stated price.
Article 3 Implementation of the agreement
- An Agreement is concluded between Parties at the moment the Student proceeds to purchase Supervision Hours by paying an invoice.
- Jouw Scriptiecoach B.V. will implement the Agreement to its best insight and ability and in accordance with the requirements of good workmanship. A best efforts obligation applies to Jouw Scriptiecoach B.V. Jouw Scriptiecoach B.V. never guarantees that the service provision will achieve a certain result.
- Jouw Scriptiecoach B.V. ensures that the work is performed by Supervisors with the relevant expertise.
- If Jouw Scriptiecoach B.V. considers it appropriate, they can engage third parties with the relevant expertise to perform the work in the context of the Agreement.
- The data and method in which the work by Jouw Scriptiecoach B.V. for the benefit of the Student takes place is determined in consultation between then Student and the Supervisor and/or Jouw Scriptiecoach B.V.
- The Student ensures that all information and documents which Jouw Scriptiecoach B.V. and/or the Supervisor indicates are necessary or of which the Student should reasonably understand that they are necessary for the implementation of the Agreement are provided to Jouw Scriptiecoach B.V. and/or the Supervisor in time.
Article 4 Amendment of the agreement
- If during the implementation of the Agreement, it appears that for a proper implementation, it is necessary to amend or supplement the work to be performed, Parties will adjust the Agreement in a timely fashion and in mutual consultation.
- If Parties agree that the Agreement should be amended or supplemented, the time of completion of the Order may be affected by this. Jouw Scriptiecoach B.V. will inform the Student of this as soon as possible.
- If the amendment or supplementation of the Agreement will have financial and/or qualitative consequences, Jouw Scriptiecoach B.V. will notify the Student of this in advance. The aforementioned changes will take effect after 30 days from the day on which Jouw Scriptiecoach B.V. has informed the Student of the changes. In such a case, the Student has the right to unilaterally terminate the Agreement.
Article 5 Right of withdrawal and exercise of the right of withdrawal
- The Student has the possibility to dissolve the Agreement without statement of reasons during a period of fourteen days. The period of 14 days starts on the day of entering into the Agreement.
- If the Student wishes to make use of their right of withdrawal, they report this to Jouw Scriptiecoach B.V. within the term stated in paragraph 1 of this Article by using the Model form for withdrawal or in another unambiguous (electronic) way.
- After receipt of the report as intended in paragraph 2 of this Article, Jouw Scriptiecoach B.V. will immediately send a receipt confirmation.
- Jouw Scriptiecoach B.V. reimburses, with the exception of situations as intended in paragraph 5 and paragraph 6 of this Article, all payments it has received from the Student, as soon as possible but in any case within 14 days following the day on which the Student reports the withdrawal.
- If and insofar as Jouw Scriptiecoach B.V. has partially performed the work under the Order during the period mentioned in paragraph 1 and the student has agreed to the commencement of the work within this period, Jouw Scriptiecoach B.V. is never obliged to reimburse the amount equal to the part of the Order it has implemented to the Student. In such a case, Jouw Scriptiecoach B.V. only reimburses the not yet completed part of the Order to Student, which part is equal to one or more Supervision Hours or a unit thereof.
- If and insofar as Jouw Scriptiecoach B.V. has fully performed the work under the Order during the period mentioned in paragraph 1, the right of withdrawal described in this Article will lapse completely.
- In the event of a situation as intended in paragraph 5 and/or paragraph 6 of this Article, the Student hereby declares to fully or partially waive their right of withdrawal as described in this Article.
- Jouw Scriptiecoach B.V. uses the same method of payment used by the Student for any reimbursement in the context of this Article, unless the Student agrees to a different method. The reimbursement is free of charge for the Student.
Article 6 Contract duration; implementation period
- The agreement between Jouw Scriptiecoach B.V. and a Student is concluded for a specific period, as agreed between both Parties, unless the nature of the Agreement dictates otherwise or Parties expressly agree otherwise in writing.
- If a period has been agreed for the completion of certain work within the duration of the Agreement, this never applies as a strict deadline.
Article 7 Fee and implementation of Online Thesis Supervision and Location Thesis Supervision
- Upon concluding the agreement, Parties always agree upon a fixed fee per Supervision Hour.
- If no fixed rates have been agreed, Jouw Scriptiecoach B.V. applies the hourly rate as stated on the quotation.
- Location Thesis Supervision amounts to at least one Supervision Hour or longer per session.
- Any purchased Supervision Hour or Supervision Hours is/are valid for up to two years from the date of purchase of the Supervision Hour or Supervision Hours.
- Jouw Scriptiecoach B.V. will maintain an accurate overview of the purchased and spent Supervision Hours for every Student. The overview of the Supervision Hours is up-to-date as much as possible, but the Student needs to take approximately 3 working days of processing time for the Supervisor into account.
- If the Student does not make use of an already scheduled Supervision Hour or Supervision Hours without timely notification, 1 (one) Supervision Hour is nevertheless declared. Timely notification is understood to mean at least 48 hours before commencement of the scheduled Supervision Hour or the Supervision Hours.
- Jouw Scriptiecoach B.V. reserves the right to change its rates as well as the amount of the transaction costs from time to time. If Jouw Scriptiecoach B.V. intends to change its rates and/or the transaction costs, it will make this known one month before the effective date of the change(s). In such a case, the Student has the right to unilaterally terminate the Agreement within 4 weeks after this announcement. The right to dissolve the Agreement expires one month after the new rates list and/or transaction costs are made known.
Article 8 Payment and collection costs
- Payment must be made before commencement of the work and is affected by payment of an invoice. Payment can only be made afterwards if both Parties have agreed to this, in a manner to be specified by Jouw scriptiecoach.
- Objections to the amounts of the declarations do not suspend the payment obligation of the Student.
- If Parties have agreed to payment afterwards, this payment must be made within fourteen days after the invoice has been sent.
- If the Student fails to pay, the Student will be legally in default. Jouw Scriptiecoach B.V. will suspend the work until the moment when the Student has made the payment.
- If the student is in default with regard to the fulfilment of one or more of their payment obligations, the legal interest and all reasonable costs shall be for the account of the Student, including the judicial and extrajudicial collection costs.
Article 9 Retention of title
As long as Jouw Scriptiecoach B.V. has not received full payment regarding what is delivered in the context of the Agreement and the Order, any goods made available by the Student, as well as all documents delivered by Jouw Scriptiecoach B.V., remain the property of Jouw Scriptiecoach B.V. until the moment of full payment.
Article 10 Complaints
- Complaints about the work performed must be reported in writing immediately, but in any case within 7 days after the complaint arises, to Jouw Scriptiecoach B.V. by sending an e-mail to firstname.lastname@example.org. If the complains arises after completion of the work under the Agreement, the Student is obliged to report this within 7 days after the complaint arises. The written complaint must provide the most detailed description possible of the potential shortcoming and contain evidence of this, so that Jouw Scriptiecoach B.V. is able to respond adequately.
- If a complaint is justified, which is to be assessed by Jouw Scriptiecoach B.V., Jouw Scriptiecoach B.V. will still perform the work under the Agreement, unless this has demonstrably become pointless for the Student. The latter must be made known by the Student in writing. Refunds of already used Supervision Hours is never possible, unless there is a serious shortcoming in the work performed by Jouw Scriptiecoach B.V.
Article 11 Cancellation, suspension and termination
- Both parties may terminate the Agreement in writing at any time.
- If the Student cancels the Agreement while Jouw Scriptiecoach B.V. has already commenced the work, the Student is obliged to compensate all damage Jouw Scriptiecoach B.V. incurs as a result of this cancellation. This damage is understood to include the compensation for already performed work and costs incurred, loss of capacity, loss of profit and consequential damage. The provisional results of the work performed until then will be made available to the Student subject to change.
- If the Student has purchased Supervision Hours and the student cancels the Agreement before all Supervision Hours have been used, the remaining Supervision Hours will not be reimbursed, unless there is a situation as described in Article 13 of these General Terms and Conditions.
- If the Agreement is cancelled by Jouw Scriptiecoach B.V. prematurely, Jouw Scriptiecoach B.V. will, in consultation with the Student, take care of the transfer of any work still to be performed to third parties, unless there are facts and circumstances underlying the cancellation that are attributable to the Student. If the transfer of the work involves additional costs for Jouw Scriptiecoach B.V., these will be charged to the client.
- Jouw Scriptiecoach B.V. is authorised to suspend the fulfilment of the obligations under the Agreement or dissolve the Agreement if:
- the Student does not (fully) comply with the obligations from the Agreement;
- after entering into the Agreement, conditions that have come to light to Jouw Scriptiecoach B.V. give good reason to fear that the Student will not fulfil the obligations under the Agreement. If there is good reason to fear that the Student will only partially or not properly comply, the suspension is only permitted insofar as the shortcoming justifies it;
- moreover, Jouw Scriptiecoach B.V. is authorised to dissolve the Agreement if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be required by standards of reasonableness and fairness.
- If the Agreement is dissolved, the receivables of Jouw Scriptiecoach B.V. from the
Student are immediately due. If Jouw Scriptiecoach B.V. suspends fulfilment of the obligations,
it retains its rights under the law and the Agreement.
- Jouw Scriptiecoach B.V. is never obliged to pay any compensation as a result of dissolution of the Order or Agreement.
Article 12 Liability
- Jouw Scriptiecoach B.V. and Student consult with each other about the way in which the Order is carried out. Although the Order is carried out to the best insight, ability, and according to the requirements of good workmanship on the part of Jouw scriptiecoach, Jouw Scriptiecoach B.V. can give no guarantees as to the results of the studies performed and advice provided under the Agreement. Therefore, Jouw Scriptiecoach B.V. is not liable in any way with regard to the assessment by the assessing educational institution of the quality (including the grade) of the thesis to be written by the Student themselves.
- With due observance of the provisions of these General Terms and Conditions, Jouw Scriptiecoach B.V. is only liable for damage resulting from serious shortcomings in the implementation of the agreement, insofar as these are the result of failure to observe the due care, expertise and workmanship that can reasonably be expected in the implementation of the work under the Agreement.
- Jouw Scriptiecoach B.V. is never liable for indirect damage, including consequential damage, loss of profits, business damage, missed savings and/or stagnation damage, which the Student may suffer due to faults in the implementation of the Order.
- Jouw Scriptiecoach B.V. is not liable for damage caused by incompleteness or inaccuracy of the information provided to Jouw scriptiecoach by Student.
- If, notwithstanding the liability exclusions in paragraphs 1, 2, 3 and 4 of this Article, Jouw Scriptiecoach B.V. should be held liable for any damage, then that liability is limited to the fees paid by the Student to Jouw Scriptiecoach B.V. over the past 6 months.
Article 13 Force majeure
- Parties are not obliged to fulfil any obligation, unless they are
hindered in this as a result of a circumstance that is not due to guilt, nor attributable to them under the law, a legal act or generally accepted beliefs.
- In addition to what is understood in this regard in law and jurisprudence, in these General Terms and Conditions, force majeure is understood to mean all external causes that Jouw Scriptiecoach B.V. and/or the Student cannot exert influence on and cause Jouw scriptiecoach and/or the Student to be unable to fulfil their obligations. On the part of Jouw Scriptiecoach B.V., these circumstances are understood to include, but are not limited to: measures of any government authority, insufficient staffing in the event of illness, machine defects (including computers), technical malfunctions and force majeure in the event of data loss in the broadest sense of the word.
- Jouw Scriptiecoach B.V. also has the right to invoke force majeure if the circumstance that hinders (further) fulfilment occurs after Jouw Scriptiecoach B.V. should have fulfilled its obligations.
- Parties may suspend the obligations under the Agreement during the period that force majeure continues. If this period lasts longer than two months, both Parties are entitled to dissolve the Agreement without any obligation to compensate damage to the other party.
- Insofar as Jouw Scriptiecoach B.V. has already partially fulfilled its obligations under the Agreement or will be able to fulfil them, and the fulfilled or to be fulfilled part has independent value, at the moment that force majeure occurs, Jouw Scriptiecoach B.V. is entitled to separately declare the already fulfilled or to be fulfilled part. The Student is obliged to pay this declaration as if it were a separate agreement.
Article 14 Confidentiality
- Both Parties are obliged to maintain confidentiality for all confidential information they have received from each other or from other sources in the context of the Agreement. Information is considered confidential if this has been communicated by the other Party or if this results from the nature of the information.
- Further provisions regarding the confidentiality and safeguarding of the privacy of the Student are included in the Privacy Statement of Jouw Scriptiecoach B.V.
Article 15 Intellectual property and copyrights
- Without prejudice to the other provisions of these General Terms and Conditions, Jouw Scriptiecoach B.V. exclusively retains the rights and powers that belong to it with regard to the service provision, Order and any documents arising from this on the basis of intellectual property. These intellectual property rights are understood to include: all copyrights, patent rights, trademark and design rights, trade name rights, database rights, domain names and other intellectual property rights in the broadest sense of the word.
- All documents provided by Jouw Scriptiecoach B.V., such as reports, advice, agreements, designs, sketches, drawings, software, etc., are exclusively intended for use by the Student and may not be reproduced, published, or brought to the attention of third parties, unless the nature of the documents provided indicates otherwise.
- Jouw Scriptiecoach B.V. reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as this does not involve disclosing confidential information to third parties.
Article 16 Applicable law, disputes
- Every Agreement between Jouw Scriptiecoach B.V. and the Student is governed by Dutch law.
- Before turning to a court, Parties will try their utmost to arrive at a solution acceptable to both Parties.
- The court in the place of registered office of Jouw Scriptiecoach B.V. is exclusively authorised to take cognisance of disputes.
- If one or more provisions in these General Terms and Conditions are invalid or voided, the remaining provisions of these General Terms and Conditions will remain fully applicable.
- Jouw Scriptiecoach B.V. reserves the right to unilaterally change the provisions in these General Terms and Conditions.
Article 17. Place of filing and change of conditions
- These conditions have been filed with the Chamber of Commerce in Amsterdam.
- The most recently filed version of the General Terms and Conditions or the version of the General Terms and Conditions that applied at the time the Agreement was entered into is always applicable.
- The Dutch text of the General Terms and Conditions is always decisive in the interpretation thereof.