General Terms and Conditions
Article 1 — Applicability
In these general terms and conditions, the following definitions apply:
Contractor: The Talent Kitchen, established in Amsterdam and registered with the Chamber of Commerce under number 63949172, who uses these general terms and conditions when offering services.
Client: the individual or entity commissioning the contractor to perform services.
Customer: the person making use of any of the services offered by the contractor.
The client and the customer may be the same person, but this is not necessarily the case.
Unless explicitly agreed otherwise in writing, these general terms and conditions apply to all offers and agreements issued by the contractor.
Any deviations from these terms and conditions are only valid if expressly agreed upon in writing.
The applicability of any terms and conditions from the client is expressly rejected by the contractor, unless explicitly accepted in writing.
No rights may be derived from the contractor’s failure to enforce these general terms and conditions.
Article 2 – quotations and offers
Quotations by the contractor are based on information provided by the client.
All quotations and offers by the contractor are non-binding, unless explicitly stated otherwise in the quotation.
Quotations remain valid until the date specified therein. No rights can be derived from the quotation after this date.
Unless otherwise stated, prices are exclusive of VAT.
Quotations do not automatically apply to future assignments.
The contractor is not bound by any quotation if the client can reasonably understand that part or all of it contains an obvious error or mistake.
Article 3 – Formation and Fulfilment of the Agreement
An agreement between the contractor and the client is formed through offer and acceptance.
An assignment is granted by returning a signed quotation or by accepting a digitally sent quotation.
Alternatively, the agreement is deemed to have been concluded once the contractor has commenced the actual performance of services.
The contractor commits to a best-efforts obligation, not a results obligation.
The contractor shall perform the services to the best of their ability, in accordance with professional standards.
If performance becomes impossible due to force majeure, the execution of the agreement may be suspended or terminated without any obligation to compensate for damages.
Article 4 – Provision of Information by the Client
The client is required to provide all personal information requested by the contractor, which is strictly necessary to execute the agreement.
Any changes in the client’s details after the agreement has been concluded must be reported to the contractor.
The contractor is not responsible for the consequences of not receiving information due to incorrect (address) details.
Article 5 – payment
Payment must be made within the term specified on the invoice, using the method indicated by the contractor, unless otherwise agreed. If no term is specified, payment must be made within 14 days of the invoice date.
If the client fails to pay on time, they are immediately in default without notice. Statutory interest will be charged, and the contractor may suspend services or terminate the agreement with immediate effect. Written notice of such suspension or termination will be given.
Disputes over invoice amounts do not suspend the client’s obligation to pay.
All costs related to collection of payment, including legal and extrajudicial costs, are payable by the client.
Unless agreed otherwise, the client is responsible for paying the agreed fees.
Article 6 – Cancellation/Termination of the Agreement
The contractor reserves the right to cancel a coaching session, coaching programme, workshop, training, or website design without giving reasons, or to refuse participation by a client or their representative. In such cases, the client is entitled to a full refund of any amount paid.
Cancellation Policy:
Cancellation by the client:
Coaching programmes, workshops, or training sessions may be cancelled free of charge up to 6 weeks prior to commencement.
If the client or customer discontinues or does not participate after the start of a coaching programme or training, no refund will be given, unless exceptional circumstances apply, at the contractor’s discretion.
Individual coaching sessions may be cancelled or rescheduled free of charge up to 48 hours before the appointment. If cancelled within 48 hours, the full session fee will be charged.
The contractor may terminate the agreement with immediate effect, without court intervention, if the client fails to meet their obligations, including those set out in these terms and conditions, unless the client rectifies this within 14 days of written notice.
Article 7 – Liability and Risk
The contractor accepts no liability for any damages suffered by the client due to attributable shortcomings or unlawful acts by the contractor.
If the contractor is held liable, the liability is limited to the total amount paid for the specific assignment.
These liability limitations do not apply in cases of intent or gross negligence by the contractor or their staff.
If damage occurs in connection with the contractor's services, and liability is established, it shall be limited to the amount covered by the contractor’s liability insurance, including any applicable excess.
Article 8 – Payment
Payment must be made within 30 days of the invoice date for business clients and within 14 days of the invoice date for private clients, using a method indicated by the contractor. Payment must be made without any deduction, set-off, or suspension for any reason whatsoever.
If the payment term is exceeded, the client is in default. From that moment, the client owes the contractor default interest of 2.5% per month on the outstanding amount.
If multiple clients are involved, each of them is jointly and severally liable to the contractor for the full invoice amount. Payments made by the client will always first be applied to settle any outstanding interest and costs, and then to the oldest outstanding invoices, even if the client states that the payment relates to a different or later invoice.
Article 8 – Force Majeure
The contractor is not obliged to fulfil any obligations if prevented by force majeure. During such a period, the contractor may suspend obligations under the agreement.
If the force majeure situation continues for more than two months, both parties may dissolve the agreement without obligation to pay damages.
Work completed prior to the force majeure event may be invoiced.
Article 9 – Intellectual Property and Usage Rights
Copyright and all other intellectual property rights remain with the contractor.
All documents produced or provided by the contractor (e.g., reports, advice, calculations) are intended solely for the client’s use and may not be reproduced, disclosed, or executed by third parties without prior written consent, unless otherwise agreed or the nature of the materials implies otherwise.
Article 10 – privacy
The contractor treats the client’s privacy seriously and processes personal data solely for the purpose of service delivery.
All information shared by the client in the course of the service is treated as confidential, unless otherwise agreed.
The applicable data protection laws (e.g., GDPR) will be observed.
Article 11 – Complaints Procedure
Any complaints regarding services provided must be submitted in writing and with justification within 8 days of delivery.
Only clearly described complaints will be processed. If no complaint is received within this period, the client is deemed to have accepted the service.
Complaints submitted after 8 days do not entitle the client to repair or replacement.
Filing a complaint does not exempt the client from their payment obligations.
Article 12 – Final Provisions
If any provision in these general terms and conditions is found to be invalid or void, the remaining provisions will remain fully applicable.
The contractor and client will replace the invalid provision with a new one that reflects the intent of the original provision as closely as possible.
Dutch law applies to the agreement between contractor and client.
In the event of a dispute, both parties will first attempt to resolve it amicably. If this is not possible, the matter will be brought before the court.
These terms and conditions shall remain in force in the event of a change in the contractor’s name, legal structure, or ownership.