General conditions
ARTICLE 1. DEFINITIONS AND TERMS
1.1 Customer/Client: the person or persons for whom Puur na Tuur provides its services. The client and the customer/client may be the same person, but this is not necessarily the case.
1.2 Client: the person or entity, or any of its legal successors, who has placed an order with Puur na Tuur for the provision of its services. Unless otherwise expressly agreed in writing with Puur na Tuur, the client is the party obligated to pay the agreed-upon price for the services provided by Puur na Tuur.
1.3 Puur na Tuur is registered with the Cross-Sectoral Business Register (KBO) under the legal name Van Hove, Tuur and with company number BE 0500.470.609. Puur na Tuur provides services in the areas of therapy, coaching, training, workshops, presentations, and lectures.
1.4 Third Parties: In certain cases, Puur na Tuur may provide its services (in part) with the assistance of third parties it has engaged. Puur na Tuur may change the composition of a team at any time if it believes this is necessary for the proper performance or continuity of its services.
1.5 Contract Amount: the total agreed-upon amount for the contract, as specified in the signed confirmation of engagement or in the proposal or program proposal approved by the client.
ARTICLE 2. APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions apply to all offers, quotations, assignments, work performed by, and agreements entered into with Puur na Tuur.
2.2 These terms and conditions also apply to projects with Puur na Tuur that involve third parties.
2.3 If one or more of the provisions in these General Terms and Conditions become invalid, the remaining provisions of these General Terms and Conditions shall remain in effect. In that case, the parties will consult with each other to agree on replacement provisions, which, to the extent possible, will reflect the purpose and intent of the original provision.
2.4 Puur na Tuur reserves the right to amend or modify these Terms and Conditions in the future.
ARTICLE 3. PLACING AN ORDER
3.1 Quotes from Puur na Tuur are based solely on the information provided to him by a (prospective) client. The client warrants that he or she has provided Puur na Tuur with all relevant information, to the best of his or her knowledge and belief, necessary for preparing the quote and for the planning and execution of the assignment. If this information is found at any time to have been incorrect and/or incomplete, Puur na Tuur reserves the right to unilaterally and/or interim adjust the fee agreed upon with the client for the services to be provided by Puur na Tuur.
3.2 A composite quotation does not oblige Puur na Tuur to perform a portion of the assignment for a corresponding portion of the agreed-upon assignment fee.
3.3 An order is placed by returning a signed copy of the agreement issued by Puur na Tuur, or by accepting the digitally sent quote in writing and/or via email. Upon acceptance, this digital quote also serves as the order confirmation.
3.4 The absence of written approval of the quotation or agreement issued by Puur na Tuur does not affect the fact that the client is deemed to have placed an order with Puur na Tuur, in accordance with the terms of the quotation, once Puur na Tuur has actually commenced providing the services.
ARTICLE 4. INTERIM AMENDMENT TO THE CONTRACT
4.1 If an interim change to the assignment or its execution arises at the request of or due to the actions of the client, Puur na Tuur will make the necessary adjustments if possible. If this results in additional work beyond the scope of the original contract amount, the client will be billed for these additional costs without the need for a separate written order. By modifying the assignment, the client has agreed in advance to the financial consequences thereof.
ARTICLE 5. BEST-EFFORTS OBLIGATION
5.1 Puur na Tuur will perform the services it is to provide to the best of its knowledge and ability. However, this constitutes an obligation of effort, which means that Puur na Tuur does not guarantee the success or effectiveness of its services, nor the extent to which these services contribute to the objective set by the client and/or customer/client.
ARTICLE 6. OFFERS AND FORMATION OF THE AGREEMENT
6.1 All offers from Puur na Tuur are valid for 30 days from the date of the offer, are non-binding, and may be revoked without any formal requirements. Puur na Tuur is not bound by any offers if they are not accepted in writing or digitally within 30 days of the offer’s date. If the offer is accepted within the validity period, Puur na Tuur reserves the right to revoke the offer within five business days of receiving the acceptance. Acceptance of an offer by a client must be made in writing and/or digitally, without prejudice to the provisions of Articles 3.4 and 4.1 of these General Terms and Conditions.
ARTICLE 7. OBLIGATIONS OF THE CLIENT
7.1 The client warrants that the number of participants agreed upon in the order will actually participate in the services agreed upon with Puur na Tuur. If the agreed-upon number of participants ultimately does not participate, the client shall nevertheless owe Puur na Tuur the full contract amount as stated in the quote and/or order confirmation.
7.2 If a participant/client is unable to participate due to unforeseen circumstances, that spot may be filled by another participant, but only with Puur na Tuur’s prior consent. If it proves impossible to fill the vacated spot, the client will be charged the full contract amount, unless expressly agreed otherwise.
7.3 The client shall provide all necessary information, documents, and data that Puur na Tuur needs to carry out the assignment as agreed. If Puur na Tuur so requests, the client shall provide Puur na Tuur with a workspace at the client’s location, free of charge, equipped with a telephone and/or internet connection.
7.4 The client may involve or engage third parties in the performance of an assignment only with the prior written consent of Puur na Tuur.
ARTICLE 8. RATES, COSTS, AND PRICES
8.1 Puur na Tuur’s quotation always clearly states the rates and costs that Puur na Tuur will charge for the work specified therein.
8.2 The prices stated in quotations, orders, and other publications are exclusive of VAT, exclusive of government-imposed levies, and exclusive of other costs to be incurred or already incurred in connection with the order, such as, but not limited to, shipping, administrative, and travel costs, unless otherwise indicated.
ARTICLE 9. INVOICING AND PAYMENT TERMS
9.1 Puur na Tuur will always bill the client for its fees and the costs it passes on to the client by means of a written or digital invoice. At Puur na Tuur’s discretion, the entire amount of the engagement or a portion thereof may be invoiced on an advance basis.
9.2 Payment by the client must always be made within 14 days of the invoice date, unless otherwise stated in the quote or on the invoice.
9.3 After this due date, the client is in default and owes Puur na Tuur statutory interest on the invoice amount, without any notice of default being required. If payment is not made, Puur na Tuur may unilaterally suspend the assignment, without this rendering Puur na Tuur liable for damages to the client. Furthermore, in such a case, Puur na Tuur is entitled to unilaterally terminate the agreement out of court.
9.4 If the client is in default with respect to payment to Puur na Tuur or otherwise fails to fulfill one or more of its obligations, all costs incurred by Puur na Tuur in connection therewith (collection and other judicial or extrajudicial) costs incurred by Puur na Tuur in connection therewith shall be borne by the client, with a minimum of 25% of the agreed-upon contract amount.
9.5 In the case of agreed-upon periodic payments, payment must be made before the due date stated on the (partial) invoice. If the client is in default regarding payment of the partial invoice, Puur na Tuur is entitled to demand payment of the full amount.
9.6 Payment in installments may only be made after approval and confirmation by Puur na Tuur. If the installment payments are not made on time, Puur na Tuur is entitled to charge the statutory interest rate for businesses on the amount that is paid late.
ARTICLE 10. CANCELLATION POLICY
10.1 If, for reasons not attributable to Puur na Tuur, the client fails to accept the order at the agreed-upon time, the following cancellation terms apply:
Example 1: A participant cancels on Tuesday a workshop that was scheduled to take place the following Friday. The cancellation fee is 100%, as shown in cell C/10.3
Example 2: A scheduled half-day coaching session is canceled by the client 4 days in advance. The cancellation fee is then 25% of the agreed-upon rate. See cell D/10.6
Example 3: A 1-hour therapy/coaching appointment scheduled for Wednesday afternoon is canceled on the Monday before. There is no cancellation fee. If the appointment had been canceled on Tuesday, the cancellation fee would be 100%. See cells C/10.5 and B/10.5, respectively.
10.2 Tuur Van Hove reserves the right to cancel any events, such as workshops, etc., at any time due to insufficient participation or force majeure as referred to in Article 13. In such cases, Tuur Van Hove will refund all amounts paid by the other party, less an administrative fee of 5 euros already incurred.
ARTICLE 11. TERM AND TERMINATION OF THE AGREEMENT
11.1 The duration of the engagement depends on the type of service provided and is agreed upon in advance, to the extent possible, in the engagement letter. Where possible, the engagement letter will include an estimate of the duration of the engagement and the number of sessions to be held.
11.2 Once the term of the assignment has expired, no further claims may be made regarding any parts of the assignment that have not been used or have not yet been used, such as therapy or coaching sessions and teaching materials in any form.
ARTICLE 12. EARLY TERMINATION OF THE AGREEMENT
12.1 Either party may unilaterally terminate the agreement if one of them believes that the assignment can no longer be carried out in accordance with the confirmed proposal and any subsequent additional assignment specifications. This must be communicated to the other party in writing, with a statement of reasons, and in a timely manner.
12.2 If the client terminates the contract prematurely for reasons other than negligence on the part of Puur na Tuur, Puur na Tuur is nevertheless entitled to payment of the full, agreed-upon contract amount, including reimbursement of any costs it has incurred and may still incur. If payment has already been made, no refund will be issued.
12.3 Puur na Tuur may exercise its right to early termination only as a result of facts and circumstances beyond its control or for which it is not responsible, and as a result of which it cannot reasonably be expected to complete the assignment. In such a case, Puur na Tuur is in any event entitled to payment for the work performed up to the time of termination.
ARTICLE 13. FORCE MAJEURE
13.1 In the event of force majeure, Puur na Tuur has the right, without being liable for any damages, to refrain from performing the service or the assignment in whole or in part, or to postpone its performance.
13.2 Force majeure includes, among other things, strikes, lockouts, war, mobilization, blockades, insurrections, serious illnesses, epidemics, broken bones, hospitalization, weather conditions, machinery breakdowns, fires, explosions, any cause that prevents regular delivery by my suppliers, and all circumstances that bring about a significant change in the economic situation, as well as all similar events that my company or its subcontractors or suppliers might experience.
13.3 The customer, client, or principal has the right to receive the services, assignments, or work agreed upon with Puur na Tuur at a later date, subject to mutual agreement with Puur na Tuur.
ARTICLE 14. LIABILITY
14.1 Puur na Tuur, its employees, and its partners shall in no event be liable for any (direct or indirect) damages incurred by the principal and/or the customer/client as a result of and/or during the use of goods and/or services provided by and/or on behalf of Puur na Tuur.
14.2 Furthermore, Puur na Tuur is never liable for the quality or outcome of the services it provides; Puur na Tuur is only bound by an obligation to use its best efforts. (See also Article 5.)
ARTICLE 15. INTELLECTUAL PROPERTY / COPYRIGHT
15.1 Models, techniques, tools, and teaching materials developed and/or used by Puur na Tuur for the performance of the assignment are and remain the property of Puur na Tuur. The same applies to the reports to be issued by Puur na Tuur. The client is granted only the right to use these reports within its own organization. Disclosure of one or more of these items may only take place after obtaining prior written consent from Puur na Tuur. All documents developed by Puur na Tuur are protected by copyright by operation of law.
ARTICLE 16. CONFIDENTIALITY
16.1 Puur na Tuur is obligated to maintain confidentiality regarding all information it has learned about its principal and client. Puur na Tuur complies with the Personal Data Registration Act and will use the personal data of its principal and client solely for the processing and administrative handling of the assignment. The client’s and customer’s/client’s data will not be disclosed to third parties, unless there are compelling legal grounds for doing so.
ARTICLE 17. SPECIAL PROVISIONS
17.1 Puur na Tuur reserves the right to exclude from participation any workshop participants who, through their behavior or otherwise, disrupt or otherwise hinder the normal course of the workshop. Exclusion will be communicated to the client in writing, stating the reasons, and does not affect the client’s obligation to pay Puur na Tuur the full amount for the training or service.
17.2 Belgian law shall apply to all matters or provisions not covered by these General Terms and Conditions.
17.3 In the event of a dispute, the competent Belgian court shall have jurisdiction.
