General terms and conditions of anjaluistert – Regression and Emotive Therapy
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
Contractor
The natural or legal person in his/her capacity as therapist, coach and/or trainer, who offers services in the field of therapy, coaching and/or training or related activities.
Client
The natural or legal person who has commissioned the contractor to provide services in the field of therapy, coaching and/or training or related activities.
Therapist/coach/trainer
The natural person who supervises the client’s therapeutic process, coaching and/or training.
Client
The natural person who participates in the counseling process in the field of therapy, coaching and/or training. The client is not by definition the one giving the order for therapy.
Services
All activities for which an order has been given or which arise from or are directly related to the order, all this in the broadest sense of the word.
Agreement
Any agreement between the client and the contractor for the provision of services by the contractor for the benefit of the client.
Article 2 – Applicability
These general terms and conditions apply to all services provided by the contractor.
The services will only be performed by the contractor if the client agrees to these general terms and conditions.
Article 3 – Applicable rules of conduct and regulations
The contractor performs her services in accordance with the professional rules of the professional association to which it is affiliated, namely the NVRT.
The contractor is bound by complaints regulations and a disputes committee that are recognized for the Quality of Complaints and Disputes in Care Act (see Article 13).
Article 4 – Conclusion of the agreement
Quotations and defined offers of services are without obligation and based on the information provided by the client.
The agreement is concluded by acceptance and signature.
Article 5 – Performance of the agreement
Every agreement leads to a best efforts obligation in which the contractor is obliged to perform his/her services to the best of his/her knowledge and ability and in accordance with the requirements of good workmanship.
If the contractor deems this useful or necessary, a service can be performed by third parties in consultation with the client and/or she can be assisted by third parties.
When the contractor is commissioned to perform an assignment or part thereof in collaboration with a third party, the client will determine in consultation with all those involved what each person’s task is. The contractor accepts no joint and several liability, nor liability for the performance of the task and the associated activities of the third party.
Article 6 – Fee and costs
Unless otherwise agreed in writing, the contractor’s fee consists of a predetermined fixed amount per agreement or per service provided and/or can be calculated on the basis of rates per unit of time worked by the contractor.
The contractor may request the client to pay a reasonable advance in connection with fees that the client owes or will owe and/or expenses that must be incurred on behalf of the client.
The contractor may request the client to pay a reasonable advance in connection with fees that the client owes or will owe and/or expenses that must be incurred on behalf of the client.
The contractor has the right to suspend the performance of the work until the client has paid the advance to the contractor, or has provided security for this.
The contractor reserves the right to annually adjust the fees due to changes in the general price index and due to measures imposed by the government.
Client pays the costs at the end of the session via the app on the mobile phone, unless expressly agreed otherwise.
Article 7 - Cancellation conditions
In the event of cancellation by the client or client of services within 24 hours before the start of the relevant activity, the client can charge 100% of the costs of the canceled hours or the agreed fee.
Article 8 – Termination of the agreement
The contractor is entitled to terminate the agreement, with immediate effect, by means of a written notification of this to the client, if the client fails to pay the invoice sent by the contractor, within the stipulated period after written reminder.
The contractor is entitled to terminate the agreement, with immediate effect, by means of a written notification thereof to the client, if any obligation arising from this agreement is not fulfilled or not properly fulfilled within 14 days after a written reminder.
Both the client and the contractor can terminate the agreement, with immediate effect, by means of a registered letter if the other party is granted a moratorium or has been declared bankrupt.
The contractor is entitled to terminate the agreement, with immediate effect, by means of a written notification, if he/she believes that the trust between the client (and/or client) and the contractor has been damaged in any way.
The contractor is entitled to terminate the agreement, with immediate effect, by means of a written notification, if he/she does not consider the therapy, coaching and/or training course suitable for the client for whatever reason.
The contractor is entitled to suspend or terminate the agreement by means of a written notification at the moment that the client expresses suicidality in word or deed. The agreement can, if desired, be continued as soon as there is a possibility of integral collaboration with a psychiatrist or psychologist.
Article 9 – Force majeure
If the contractor is prevented from performing the agreed services in whole or in part due to force majeure, he/she has the right to suspend the execution of the agreement or to regard the agreement as dissolved in whole or in part, without being liable for any compensation or warranty.
Article 10 – Liability
The contractor is only liable for damage suffered by the principal or client that is the direct and exclusive result of a shortcoming attributable to the contractor, on the understanding that compensation is only eligible for damage against which the contractor is insured, or reasonably, in view of the customary practice in the sector, should have been insured.
The client/client is liable for all damage that he/she has caused, intentionally or unintentionally, to the contractor and/or to his/her property.
Article 11 – Privacy
The contractor does not share information with third parties about the therapy, coaching or training of the client without his/her written permission, unless required by the judiciary.
If the client has reached the age of 16, his/her written consent is required for sharing information about the therapy, coaching or training to third parties, including parents or guardians.
Clients from the age of 16 have the right to inspect his/her file within the walls of the practice room. For clients under the age of 16, his/her parents/guardians have this right.
Article 12 – Other provisions
The contractor is entitled to record all services performed by him/her on an audio file. If the client objects to this, the contractor is entitled not to accept the agreement or to terminate it with immediate effect.
Article 13 – Complaints & Disputes
If the client and the contractor have a complaint or dispute arising from this agreement, the client will make this complaint or dispute known to the contractor, either verbally or in writing. A solution to the complaint or dispute is sought in a personal meeting.
If the complaint or dispute arising from this agreement continues to exist, the complaint or dispute can be transferred to the complaints officer of the NVRT. The latter does not pass judgment but will try to get both parties to reach an agreement. Visit Nvrt for more information. nvrt voor meer informatie.
If no solution is found with the complaints officer, the client can submit the complaint to the disputes committee of the NIBIG. See Nibig for more information. Nibig voor meer informatie.
Dutch law applies to all agreements and legal acts between the client and the contractor.
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