The General Terms and Conditions are extensive. For readability and reference purposes, they have been summarized into several work agreements. However, this summary does not replace the general terms and conditions, which are fully applicable.
Applicability These general terms and conditions apply, unless otherwise agreed, to all quotations and agreements with or from RIPE MCC and all related activities, both preparatory and executive. These conditions also apply to all agreements with the contractor for which third parties need to be involved.
Business Description RIPE MCC is an independent agency for coaching, mentoring, training, and advice.
Definitions
a. Contractor: RIPE MCC which uses these general terms and conditions to offer services.
b. Client: the counterparty of the contractor, namely the client themselves and/or their employer.
c. Agreement: a verbal or written contract between the client and the contractor regarding an agreed service provision.
Execution of the Agreement
a. The contractor will execute the agreement to the best of their ability and in accordance with the standards of good craftsmanship.
b. The contractor has an obligation of effort towards the client; not an obligation of result.
c. If and insofar as proper execution of the agreement requires, the contractor has the right to have certain tasks performed by third parties. This will always be done in consultation with the client.
d. The client is responsible for providing all the data which the contractor indicates are necessary or which the client should reasonably understand to be necessary for the execution of the agreement, in a timely manner. If the data necessary for the execution of the agreement have not been provided timely to the contractor, the contractor has the right to suspend the execution of the agreement and/or charge the client for the extra costs resulting from the delay according to usual rates.
e. The contractor is not liable for any damage of any kind caused by the contractor relying on incorrect and/or incomplete information provided by the client unless this inaccuracy or incompleteness was apparent to the contractor.
Prices and Quotes a. All quotes and price offers made by or on behalf of the contractor are non-binding with respect to price, content, and delivery time, and expire after 30 days unless otherwise indicated. b. Prices in the quotes are exclusive of VAT unless indicated otherwise. c. Quotes are based on the information available to the contractor at the time. d. An agreement is established at the moment the quote or contract signed by the client for approval is received and accepted by the contractor. e. Tasks for which no fixed price has been agreed will be billed on a cost-calculation basis at the agreed rates. If no rates have been agreed in advance, the rates will be determined based on the usual pricing used by the contractor.
Payment Conditions a. Invoices must be paid no later than 14 days after the invoice date, including VAT, and into the bank account designated by the contractor. b. If payment is not made on time, the client is in default by law and, without a need for a default notice, owes interest from the due date at the statutory rate. If the contractor hands over its claim on the client for collection, the client owes all judicial and extrajudicial costs associated with the collection. c. The client must make any objections to the invoice known to the contractor in writing within two weeks after the invoice date, failing which the client is deemed to have agreed to the invoice amount.
Duration and Termination a. The agreement stops at the latest after 12 months unless expressly and in writing agreed otherwise. b. When the duration of the agreement is predetermined, this is specified in the quote and upon acceptance by the client. Early termination can only occur if agreed upon mutually. c. If during the execution of the agreement it becomes apparent that it is necessary to modify or supplement the work to be performed for a proper execution, the parties will adjust the agreement accordingly in a timely and mutual consultation. d. If changes or additions to the agreement have financial and/or qualitative consequences, or affect the timing of completion, the contractor will inform the client as soon as possible. e. The contractor has the right to terminate the agreement without a notice of default or judicial intervention with immediate effect if the client fails to meet their financial obligations within the agreed term.
Shortcomings – Rescheduling Appointments
a. The contractor reserves the right to cancel or reschedule appointments without cost in the event of illness, disability, death, or serious illness of family or close ones, which prevents the contractor from properly performing their duties.
b. If individual advice or coaching sessions are cancelled by the client within 48 hours before the start, the reserved time will be charged.
c. Cancellation of Training: Up to one months before the start of the engagement, cancellation is free of charge. Thereafter, 50% of the total amount is due to RIPE MCC. If you cancel within two weeks of the start of the training, the full investment amount is due.
d. Cancellation of Workshops: Up to one month before the start of the engagement, cancellation is free of charge. After that, the full investment amount is due.
Force Majeure:
a. In addition to what is understood in the law and jurisprudence, force majeure in these general terms and conditions includes all external causes, foreseen or unforeseen, over which the contractor has no control, but which prevent the contractor from fulfilling its obligations.
b. The contractor also has the right to invoke force majeure if the circumstance preventing (further) performance occurs after the contractor has started executing the agreement.
c. During force majeure, the contractor's obligations are suspended. If the period during which fulfillment of obligations by the contractor is not possible due to force majeure lasts longer than two months, both parties are entitled to dissolve the agreement without any obligation to pay compensation.
d. If the contractor has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already executed or executable part separately, and the client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already executed or executable part has no independent value.
Confidential Information - Confidentiality: a. Both parties are obligated to maintain confidentiality of all confidential information that they obtain from each other or from another source under their agreement. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information. All conversations are treated according to the highest confidentiality standards. Nothing discussed in these conversations is intended to be communicated outside without the consent of both the contractor and the client. b. In the case of imminent danger to either the client or to society or certain individuals, the contractor reserves the right to provide relevant information to competent persons or institutions if this can prevent the danger. As a person under Dutch law, it is the contractor's duty to report activities that are against the law to the authorities intended for this purpose. Therefore, the contractor cannot be held accountable if it reports questionable matters to the client's sponsor or to legal authorities. c. If, under a legal provision or a judicial decision, the contractor is obligated to provide confidential information to third parties designated by the law or competent judge, and the contractor cannot invoke a legally or judicially recognized or permitted right of exemption, then the contractor is not obligated to pay damages or compensation, and the counterparty is not entitled to dissolve the agreement on the basis of any damage caused thereby. d. On all communication media, such as email, post, fax, voicemail, and others, the principle of confidentiality applies. Unless alternative arrangements have been made in advance, only the contractor and the client are the ones to see the communication via these media. Parties should be aware that some media are managed by third parties, hence they cannot be considered strictly confidential. e. In cases where the client is not the coached or the customer, the principle of confidentiality and secrecy regarding all exchanged information and conversations that take place between the contractor and the client also applies to the client.
Liability: a. The contractor is never liable for direct or indirect damage, emotional damage, or damage resulting from decisions made by the client, whether or not in consultation with the contractor. b. The client is at all times responsible for their own choices, their own behavior, and the consequences thereof, both during the time spent with the contractor and thereafter.
Complaints Procedure: a. We take complaints very seriously and will try to resolve them through mutual discussion after notification of the complaint. b. Complaints about the work performed must be reported to the contractor in writing by the client within 8 days of discovery, but no later than 14 days after completion of the relevant work. The notice of default must contain as detailed a description of the shortfall as possible, so that the contractor can respond adequately. c. If no agreement is reached according to this procedure, the court in the contractor's place of residence has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nonetheless, the contractor has the right to summon its counterparty before the court competent according to the law.
Retention of Title: a. All items delivered and loaned by the contractor, possibly including tests, cards, games, sketches, software, books, drawings, exercises, etc., remain the (intellectual) property of the contractor, are intended solely for use by the client, and may not be reproduced, made public, or disclosed to third parties without the prior consent of the contractor. b. The client is not authorized to pledge or otherwise encumber
We take the privacy of personal data very seriously and handle your personal data with care. By using this site, you agree to our privacy and cookie policy. Your data will never be provided to third parties for commercial purposes.We respect the privacy of our users. We process personal data only for the purposes for which they were provided and in accordance with the General Data Protection Regulation (GDPR) and the Telecommunications Act.
About RIPE MCC: The website ripe.marlenescherf.com is managed by Marlene Linzner-Scherf. RIPE MCC is the data controller responsible for processing your personal data as defined by the GDPR.
What Data We Collect When you sign up online for an introductory conversation, fill out a contact form, an evaluation form, a test, or make other requests for one of our services, you will be asked to provide data. We only process the data that you yourself provide.
Special Personal Data When you enter into a coaching trajectory with us, we may also request special personal data. These data are requested directly from you, and we do not involve other parties. The collected information is used internally only, is never sold or passed on to other organizations for commercial purposes, and is treated as highly confidential.
Necessity of Providing (Special) Personal Data To engage in a coaching trajectory, we need to have sufficient personal data to assist and guide you as effectively as possible.
Purpose of Using Personal Data The data collected and stored are used for the following purposes: Your name, email, phone number, address, and responses to questions before and at the start of the coaching trajectory are used solely to coach you as effectively as possible. By providing these data, you give us permission to use the data for the aforementioned purposes. Moreover, some of these data are necessary for the execution of the agreement if certain services are to be performed for you. We thus process your data based on article 8 sub a and sub b of the Wbp.
Who We Share Your Personal Data With Your personal data are stored in our CRM system and go through the servers of MailerLite, Stripe, Fastmail, Zoom or Microsoft teams, Miro (optional), Moneybird. The servers of these parties might be located in the United States. Therefore, your data can be transferred, stored, and processed in the United States.
Security of Personal Data We have taken appropriate technical measures to protect personal data against loss or other forms of unlawful processing. These measures, including encryption using an SSL certificate, passkeys and two-factor authentication, ensure a level of security appropriate to the data we process.
Cookies For the best possible operation of this website, a session cookie is used. A cookie is a small file that is sent by our website and stored on the device you use to visit our website. After the user finishes a session, the cookie will be destroyed and can not be used to track the visitor.
Rights Regarding Your Personal Data You also have the right to access your personal data and the right to rectify your personal data. If you want to know what personal data we process about you, you can make a written request for access. If your data are incorrect, incomplete, or not relevant, you can request in writing that we modify or supplement your data.Additionally, you have the right to delete your personal data, the right to restrict processing, and the right to object to processing. Moreover, you have the right to transfer or make your data transferable. You can also make a written request for this. We will process your request within 4 weeks. A written request also includes an email. You can email your request to us at ripe@marlenescherf.com
Dutch Data Protection Authority If you have complaints about how we handle your personal data, you have the option to file a complaint with the Autoriteit persoonsgegevens
Changes We reserve the right to make changes to this privacy statement. On this page, you will always find the current and valid version.
Amsterdam, May 2024
Last changed: May 9, 2024
