1. Important terms
In these terms and conditions, “Consultant” refers to Janine van Warmerdam of J9 Consultancy, based in Leidschendam, the Netherlands. “Customer” refers to the individual or organization entering into an agreement with the Consultant. An “Agreement” means any arrangement between the Customer and the Consultant regarding participation in a project or a custom assignment. “Services” include all consultancy, coaching, advisory, training, and guidance provided by the Consultant, regardless of form or duration.
2. Applicability
2.1 These general terms and conditions apply to all quotations issued by the consultant.
2.2 Deviations are only valid if agreed upon in writing.
2.3 The applicability of any general terms and conditions of the customer is expressly excluded.
3. Formation of the Agreement
3.1 An agreement is concluded after written confirmation via email or upon signing a quotation.
3.2 By accepting a quotation, the customer agrees to these general terms and conditions.
4. Nature of the Services
4.1 The consultant’s services are of an advisory, strategic and coaching nature.
4.2 The consultant does not guarantee any specific revenue, occupancy rate, profit or other financial results.
4.3 Results depend, among other things, on the customer’s efforts, choices, market conditions, team, execution and decision-making.
4.4 The consultant is not an executing marketing agency, booking platform, revenue management system or operational staff, unless explicitly agreed otherwise in writing.
5. customer Obligations
5.1 The customer is responsible for providing accurate and complete information in a timely manner, necessary for the execution of the assignment.
5.2 The customer remains at all times responsible for business operations, decisions, personnel policies, financial choices and implementation.
5.3 In case of insufficient cooperation or structural delays, the consultant reserves the right to suspend services without refund.
6. Engagements and Duration
6.1 The duration of an engagement is defined in the agreement or quotation.
6.2 Early termination by the customer is not permitted unless otherwise agreed in writing.
6.3 In case of early termination, the full agreed fee remains payable.
7. Payment & travel Expenses
7.1 All amounts are excluding VAT, unless stated otherwise.
7.2 Payment shall be made according to the agreed terms as stated in the quotation or invoice.
7.3 Invoices must be paid within fourteen (14) days of the invoice date.
7.4 In case of late payment, the customer is automatically in default and the consultant may charge statutory interest and collection costs.
7.5 The consultant reserves the right to suspend services in case of overdue payments.
7.6 Travel expenses will be charged in accordance with applicable Dutch regulations. A rate of €0.25 per kilometer (excluding VAT) will be applied for travel from the consultant’s place of business to the assignment location and back.
Where applicable, additional costs such as flights, hotel accommodation and other travel-related expenses will be charged to the customer.
8. Cancellation
8.1 Cancellation of projects is only possible in accordance with the written agreements in the contract.
9. Intellectual Property
9.1 All materials, formats, strategies, presentations, templates and content remain the property of the consultant.
9.2 It is not permitted to copy, distribute, sell or commercially exploit materials without prior written consent.
9.3 Materials may only be used internally within the customer’s organization.
10. Liability
10.1 The consultant is not liable for indirect damages, consequential damages, loss of revenue or missed opportunities.
10.2 Liability is in all cases limited to the amount invoiced and paid for the relevant engagement.
10.3 The consultant is not liable for decisions made by the customer based on advice or guidance provided.
11. Confidentiality
11.1 Both parties agree to maintain confidentiality regarding all confidential information.
11.2 Information shall only be used for the purpose of executing the agreement.
11.3 This obligation remains in force after termination of the agreement.
12. ACCESS TO SYSTEMS AND LOGIN CREDENTIALS
12.1 If the client grants the consultant access to systems, platforms, or software, this is solely for the purpose of executing the assignment.
12.2 Login credentials and passwords provided are treated strictly confidential and will never be shared with third parties.
12.3 The consultant will not use the access for any purposes other than those for which it was granted.
12.4 Upon completion or termination of the assignment, all access credentials will be deleted and/or access will be revoked.
12.5 The client is responsible for revoking access rights in a timely manner upon expiry of the agreement.
13. Circumstances Beyond control
13.1 In the event of circumstances beyond the consultant’s control, the consultant is entitled to suspend the execution of the agreement.
13.2 Circumstances beyond the consultant’s control include, but are not limited to, illness, technical failures, government measures and unforeseen circumstances.
14. Governing Law and Disputes
14.1 All agreements are governed by Dutch law.
14.2 Disputes will preferably be resolved through mutual consultation.
14.3 If this is not possible, disputes will be submitted to the competent court in the Netherlands.
15. Amendments
15.1 The consultant reserves the right to amend these general terms and conditions.
15.2 The most recent version shall always prevail and is available via the website or upon request.