General Terms & Conditions DATO Management

GENERAL TERMS AND CONDITIONS OF DATO MANAGEMENT B.V.

Version January 1, 2024

Important Information of DATO Management B.V.

DATO Management B.V.
Goudesteinstede 13
5235 HD ‘s-Hertogenbosch

Chamber of Commerce number 51683555
Email: hello@datomanagement.com
Website: www.datomanagement.com

DATO Management B.V. is affiliated with NVNLP (Dutch Association for NLP).

Throughout these terms and conditions, DATO Management B.V. is also referred to as ‘we’, ‘us’, ‘our’.

Article 1 Applicability of These Terms

1.1 These general terms and conditions apply to every offer, quotation, and agreement in which DATO Management B.V. is a party.

1.2 We reserve the right to modify or supplement these general terms and conditions for future agreements at any time.

1.3 Any deviations from these general terms and conditions can only be made if mutually agreed upon in writing. Written agreement may also be provided via email.

1.4 In the event that one or more provisions of these terms are void or invalidated, all other provisions shall remain valid.

1.5 In case of conflicting provisions among the following documents, the order of precedence shall be as follows:

  • our agreement
  • any appendices to our agreement
  • these general terms and conditions
  • any additional conditions

Article 2 Quotation

2.1 Quotations are based on the information provided by you. Any changes to this information may result in adjustments to the quotation.

2.2 Our quotations are valid for 1 month from the date of issue. After this period, the quotation expires.

2.3 Quotations do not automatically apply to future agreements.

2.4 You cannot hold us to a quotation if it is evident that a clear mistake, typographical error, or clerical error has been made.

2.5 Alongside the quotation, we will provide a PDF copy of these general terms and conditions or, if not practical, we will provide you with a link to access and download these terms on our website.

2.6 Quotations are not provided for services and products that can be directly requested, ordered, or booked online through our website.

Article 3 Agreement

3.1 Acceptance of our quotation constitutes the formation of an agreement.

3.2 In certain cases, an agreement is formed when we commence execution of an orally given instruction at your request. However, we will always provide a written confirmation of the instruction. This confirmation will include a PDF of these general terms and conditions.

3.3 For online orders through our website, our agreement is formed upon receipt of a confirmation email from us.

3.4 These general terms and conditions are an integral part of the agreement.

3.5 You may not (partially) transfer the rights and obligations from an agreement (and these general terms and conditions) to another party without our prior written consent.

Article 4 Right of Withdrawal (Cooling-off Period) for Services

4.1 If you are a consumer (acting outside of your profession or business), you have a right of withdrawal.

4.2 For agreements concluded at a distance (e.g., online, by phone, or via video meeting), you generally have a cooling-off period during which you can exercise your right of withdrawal, allowing you to terminate the agreement immediately without providing a reason.

4.3 The statutory cooling-off period is fourteen (14) days.

4.4 The cooling-off period starts from the day following the conclusion of our agreement.

4.5 If the 14th day falls on a weekend or public holiday, the cooling-off period ends on the next working day.

4.6 Withdrawal should be communicated to us via email.

4.7 If you request the commencement of our services within the cooling-off period, you retain your right of withdrawal. However, any services performed before your withdrawal must be compensated.

4.8 If the execution of the agreement is fully completed at your request within the cooling-off period, you waive your right of withdrawal. We will explicitly seek your consent via email before commencing the execution.

4.9 If you purchase an online setup, course, workshop, or training with immediate access to digital content, your right of withdrawal is waived. You must explicitly agree to this waiver during the online ordering process before placing and paying for the order. You will receive confirmation of this via email. If you do not agree to this condition, no agreement will be formed between us, and we will not provide you access to the online setup, course, workshop, or training.

4.10 If you have made any payments before exercising your right of withdrawal, we will refund these within fourteen (14) days of your withdrawal, unless specified otherwise in Article 4.7. In that case, we will refund any remaining amount to you.

Article 5 Cancelling the Agreement

5.1 Coaching sessions can be canceled free of charge up to 24 hours in advance. Cancellation within 24 hours will incur the full cost of the coaching session.

5.2 For other agreements, you can cancel our agreement as long as we have not commenced execution.

5.3 You must notify us in writing (by post or email) of your cancellation.

5.4 In certain situations, cancellation may not be free of charge:

  • cancellation of a live or online in-company setup, course, workshop, or training less than 4 weeks before it starts;
  • cancellation of a live or online open registration for a setup, course, workshop, or training less than 2 weeks before it starts.

In these situations, you are required to pay a reasonable compensation (reasonable fee) for any work already performed by us prior to the cancellation date. In addition to this reasonable compensation, we may charge you for any expenses we have already incurred for executing the agreement, such as reserved and paid venue rental and catering.

5.5 Instead of canceling a live or online setup, course, workshop, or training, you may choose to have someone else participate in your place.

Article 6 Execution of the Agreement

6.1 You will have immediate, but no later than within 24 hours, access to the digital content of an online setup, course, workshop, or training.

6.2 We strive to execute the agreement to the best of our ability. However, we do not provide any guarantee of a specific result.

6.3 We expect you to provide timely and accurate information necessary for the execution of our agreement. If you fail to do so, we may postpone the execution of our agreement.

6.4 The content and execution of our services will conform as closely as possible to the agreement. However, situations may arise that necessitate adjustments to the execution of the agreement. We may also occasionally adjust the content of our online courses, workshops, and training.

6.5 We may engage other parties to perform the agreement.

6.6 All deadlines agreed upon are not strict deadlines.

6.7 If circumstances within your sphere of influence prevent us from (timely) carrying out our work, we may charge you additional costs for this. It may also result in an extension of the work. We will notify you of this in writing.

Article 7 Additional Work

7.1 Additional services requested by you may be considered as additional work.

7.2 Before commencing the additional work, we will provide you with a quotation. We will only commence the additional work after you have accepted the quotation.

7.3 If you accept the quotation, the additional work becomes part of the existing agreement.

7.4 If the additional work cannot be reasonably considered to be part of the existing agreement, we may treat it as a new agreement.

Article 8 Duration and termination of the agreement

8.1 The duration of the agreement is stated in the quotation, the agreement, or in our written confirmation. The agreement can last for a specified or an unspecified period.

8.2 The agreement related to an online course, workshop, or training, providing access to digital content, lasts indefinitely. The term ‘indefinite period’ for this service with access to digital content refers to ‘lifetime access’. By lifetime access, we mean ‘as long as DATO Management provides the digital content of the course, workshop, or training’.

8.3 If we enter into an agreement for a specific trajectory, the agreement automatically terminates once the trajectory is completed.

8.4 If we enter into an agreement for a fixed term without it being linked to a trajectory, that agreement automatically extends indefinitely. The extension of an agreement is subject to the same conditions unless we make other agreements in writing.

8.5 If we enter into an agreement for an indefinite period and if an agreement automatically extends indefinitely, you may always terminate it prematurely.

8.6 Termination is done by email, using a notice period of at least one month.

8.7 The date of termination is the date on which you send the letter or email of termination. From that moment, the notice period starts running.

8.8 If you terminate our agreement prematurely, we will invoice you for the work we have performed until the end date of the agreement.

8.9 Our agreement may also end prematurely by dissolution (see also Article 9).

8.10 If an agreement changes substantially at your request, it actually constitutes a new agreement. In that case, the current agreement terminates. We will invoice you for the work performed until the end date of the agreement.

8.11 The following provisions continue to apply after the termination of our agreement:

  • intellectual property;
  • (limitation of our) liability;
  • confidentiality, non-disclosure, and privacy;
  • applicable law;
  • the competent court.

Article 9 When DATO Management can terminate the agreement

9.1 If, in our opinion, you do not comply with the agreements in the agreement and/or these terms and conditions, we will inform you. We will give you a short period to rectify your default. If you fail to do so, we may terminate the agreement. We will then adhere to a notice period of at least one month.

9.2 In some cases, we may terminate the agreement immediately (dissolve). In those cases, we are not obliged to grant you a short period and we do not have to terminate the agreement with a one-month notice period. In, among other cases, we may terminate the agreement immediately:

  • you decease;
  • the legal debt restructuring scheme applies or has been applied to you;
  • you apply for (provisional) suspension of payment or it has already been granted to you;
  • you apply for bankruptcy or you are already bankrupt;
  • attachment is made against you;
  • you cease your business activities;
  • you liquidate your business;
  • your business changes owner(s);
  • you merge your business(es);
  • you act fraudulently;
  • a criminal investigation is pending against you;
  • you are (or have been) criminally convicted;
  • a force majeure situation lasts longer than one (1) month;
  • a suspension period lasts longer than one (1) month.

Article 10 Force Majeure

10.1 We are not obliged to fulfill our obligations under the agreement and these general terms and conditions if there is a force majeure situation.

10.2 Force majeure includes, among other things: force majeure of our software suppliers; equipment, software or materials of third parties, over which we have no influence, do not work (properly); defective goods, equipment, software or materials prescribed by you from third parties; government measures; power failures and other disruptions related to the infrastructure we use for performing our activities; disruption of the internet, computer network or telecommunication services; network attacks, including DoS or DDoS attacks; war; strike; terrorism; natural disasters; fire; unavailability of employees and/or third parties engaged by us (due to illness or otherwise); occupation of premises; unavailability of employees of your organization; general transport problems; sudden unavailability of a location or (course/training/workshop) space; other special circumstances (such as pandemics, epidemics, viruses, lockdowns, etc.).

Article 11 Prices

11.1 All prices mentioned in our offers, quotations, and agreements for businesses are exclusive of VAT and other levies.

11.2 All prices mentioned in our offers, quotations, and agreements for consumers are inclusive of VAT.

11.3 Our prices/rates are exclusive of costs such as travel expenses, parking fees, accommodation costs, office costs, shipping or transportation costs, administration costs, costs for third parties engaged by us, unless we agree otherwise in writing.

11.4 All prices mentioned are subject to typing and calculation errors.

Article 12 Price Changes

12.1 We may adjust our prices at any time.

12.2 If you are already a customer of ours, we will inform you of the price change(s) at least one (1) month before implementing the price change(s) in writing. Typically, this is done by email.

12.3 If, in the case of the purchase of periodic services from us, you do not agree to a price increase within three (3) months after entering into an agreement, you may terminate the agreement on the day the price increase takes effect.

Article 13 Payment Conditions

13.1 The payment term of our invoices is 14 days. The payment term starts from the date of the invoice.

13.2 For services ordered online (via our website), you can choose to pay online immediately (in part) with your order. In this case, there is no payment term. The invoice will be sent to you by email.

13.3 You may also choose to pay at least half of the total amount afterwards. We will send you the invoice by email.

13.4 If you object to the (amount of) the invoice and/or the way we perform the agreement, this does not suspend your obligation to pay.

13.5 We always credit your payments against the oldest outstanding invoice.

13.6 If you do not pay within the payment term, we will send you a reminder. In this reminder, we will give you an additional payment term of 14 days. This additional term starts from the date of the payment reminder. In the reminder, we will state that if you do not pay within the new payment term, you will owe us statutory interest (if you are a consumer) or statutory commercial interest (if you are a business) and all extrajudicial and judicial collection costs on the outstanding invoice amount. We use the rates from the Decree on reimbursement of extrajudicial collection costs for the amount of extrajudicial collection costs.

13.7 If you also do not pay within the new payment term in the reminder, you are in default. Once you are in default, you must pay us, from that moment on, in addition to the amount due and the statutory (commercial) interest accrued thereon, all extrajudicial and judicial collection costs.

13.8 All our claims against you are immediately due and payable (= you are then in default without us having to send you a reminder) if one or more of the following situations occur with you:

application of the legal debt restructuring scheme;

(provisional) suspension of payment;

bankruptcy (application);

private arrangement with creditors;

attachment;

cessation of business activities;

liquidation or cessation of the company;

despite notice of default, failing to rectify the default;

change of owner(s);

merging of companies.

Article 14 (Limitation of our) Liability

14.1 If you provide us with incorrect or incomplete information, we are not liable for any damage caused to you or third parties as a result.

14.2 Upon termination and dissolution of the agreement, we are never obliged to pay you any damages or indemnify you.

14.3 If you terminate our agreement and you and/or a third party suffer damage as a result, we are never liable for this.

14.4 If we (temporarily) suspend our activities, we are not liable if you suffer damage as a result.

14.5 If you are at fault for the occurrence of your damage and/or are insured against the damage incurred, we are not obliged to pay you any damages.

14.6 In case of force majeure, we are not liable for any damages.

14.7 Our liability for shortcomings in products and services of third parties, including software, applications, licenses, and hardware, is excluded.

14.8 We are potentially liable only to you:

  1. a) for damage or bodily injury to persons as a result of an unlawful act attributable to us, or
  2. b) for damage due to our failure to (correctly) fulfill our agreement.

14.9 Any liability of ours for any other form of damage is excluded. This means that compensation for indirect or consequential damage or damage resulting from loss of turnover or profit, delay damage, damage due to loss of data, damage due to exceeding deadlines, theft, loss, or damage to goods during our service provision is excluded.

14.10 Our potential liability for direct damage is per event (where a series of consecutive events counts as one event) and is limited to a maximum of the total amount of the invoices for the services you have purchased from us.

14.11 The exclusion and limitation of liability, as indicated above, do not apply if your damage is the result of our intent or conscious recklessness.

14.12 A condition for the emergence of any right to compensation is that you report the direct damage immediately, but no later than within 14 days, after its occurrence to us in writing and sufficiently motivated.

14.13 Any claim for damages against us lapses by the mere lapse of six (6) months after the cause of action for damages arises.

Article 15 Intellectual Property

15.1 We own the intellectual property rights, among others, to texts, course and training materials, photos, videos, working methods, methods, and content associated with our services, and in particular the D.A.T.O. method used by us.

15.2 Without our permission, you may not commercially use, copy, reproduce, or sell our intellectual property rights.

15.3 If you infringe our intellectual property rights, you must pay us an immediately due and payable penalty of €10,000 for each infringement. We always retain the right to also claim the actual damages suffered by us as a result of your infringement.

Article 16 Confidentiality, Non-disclosure, and Privacy

16.1 All information we share with each other is kept confidential and treated as confidential. Depending on the circumstances, we conclude a separate confidentiality agreement.

16.2 It may be that we process personal data in the execution of our agreement. In this regard, we comply with the General Data Protection Regulation (GDPR). You can read how we handle the processing of your personal data in our privacy statement.

Article 17 Complaints and Disputes

17.1 If you have a complaint about how we execute the agreement, the quality of our services, or an invoice, please let us know as soon as possible.

17.2 If it is not possible to resolve the dispute amicably, we, or you, will submit the dispute to the competent court.

Article 18 Applicable Law and Competent Court

18.1 Dutch law applies to all our offers, quotations, agreements, and these general terms and conditions.

18.2 Disputes will be submitted to the competent court in the district where DATO Management is established or holds its office.