The terms and conditions
In this section you can find the terms and conditions of Joost van de Loo. My goal is to delight you with my services and products, so if you have any further questions please don’t hesitate to contact me.
Terms and conditions
These Terms and Conditions have been drafted by The Sustainable Sunshine Company B.V. on behalf of Joost van de Loo, hereinafter referred to as JVDL.
Article 1 – Definitions
Glossary of the terminology used in these Terms and Conditions:
JVDL: Joost van de Loo, the trade name of which The Sustainable Sunshine Company B.V. offers and provides strategic advice, advertising services and educational activities. The Sustainable Sunshine Company B.V. : A private limited company incorporated under Dutch law, with its principal place of business in Amsterdam, registered with number 58053166 at the Chamber of Commerce. Client: Private consumer or company that purchases and/or commissions JVDL at The Sustainable Sunshine Company B.V. Course: A course organised by JVDL. Session Series: One or more sessions or workshops with one or more participants that JVDL provides for a Client. Impact Videos: A video or series of videos researched, developed and produced by JVDL for a Client. Assignment: the written or oral agreement, whereby JVDL undertakes to perform work for Client. Fee: the remuneration for the work performed by JVDL, not including Additional Expenses. Additional Expenses: costs related to the Assignment, not included in the Fee, which are charged to Client on the basis of a specification. These include travel and accommodation expenses, reproduction costs and costs for necessary materials and third-party services. Extra Charges: Fees and Additional Expenses for work performed by JVDL, which arose during the performance of the Assignment as a result of circumstances outlined in greater detail in Article 5(1) and (2) and Article 8(7), (8), (9) and (10) of these General Terms and Conditions. Force Majeure: Circumstances in which performance of the Assignment cannot reasonably be required of JVDL. This will include, but is not confined to, fire and floods, natural disasters, disruptions in power supply, Internet and company equipment, and interruptions in transport and carriage. Force Majeure also includes absence due to illness or indisposition of personnel or third parties working on behalf of JVDL, insofar as they are involved in and necessary for the performance of the Assignment. Day Rate: the day rate for activities performed by JVDL, including (gross) salary costs and a surcharge for non-assignment-related operating costs and profit. The Party: Client or JVDL. The Parties: Client and JVDL. Registration: A Customer submitted and JVDL confirmed the application for purchase of and/or participation in a Session Series or Course inferring an agreement between Customer and The Sustainable Sunshine Company B.V. /JVDL. Application Date: The date on which the Customer has registered for a Course or a Session Series. Commencement Date: The date of commencement of the study and/or participation. Study Duration: Is the duration of the Session Series or the Course as stated in the Course Information and the Session Information on the website. Service Duration: Period in which the Customer is entitled to the services. Extended Service Duration: Period of extension concerning the Service Duration. Date End Course: Date on which the Service ends. Course Information: Information about the Course as published on the Website. Course Material: Curriculum, materials and related Articles used for (following) a Course. Sessions Information: Information about the Session Series as published on the Website. Sessions Material: Materials and related Articles used for (participating in) a Session Series. In-company / Customised Course: A Course that Joost van de Loo provides for a Client in a private environment for a selected group of participants. In-company / Customised Session Series: A Session Series with a specific scope that Joost van de Loo provides for a Client in a private environment for a selected group of participants. Website: www.joostvandeloo.nl.
Article 2 – Applicability
1. On all offers, promotions and services of JVDL and on the conclusion and fulfilment of all agreements agreed upon by JVDL, the Terms and Conditions shall apply, insofar as they do not deviate in accordance with article 2, paragraph 3.
2. With the conclusion of an agreement between Client and JVDL, or with the registration for a Course or Session or Session Series, the Client accepts the applicability of the Terms and Conditions. JVDL explicitly rejects the applicability of the Terms and Conditions of the Client, whatsoever.
3. Deviations from the Terms and Conditions are valid only if they have been agreed upon in writing between JVDL and the Client. Under writing, according to the Terms and Conditions, all forms of electronic communication (for example, e-mail or on the Website) are included.
4. In cases whereby the relevant Assignment and/or the Terms and Conditions do not anticipate, JVDL will make arrangements according to reasonable standards.
5. The (in whole or in part) invalidity or inconclusiveness of one or more provisions of the Terms and Conditions do not affect the validity or binding nature of the other provisions. If it appears that a provision is invalid or inconclusive, JVDL and the Customer will replace the invalid or inconclusive portion by a provision that is valid and binding and whose legal effects, as far as the content and scope of the provision is concerned, correspond as much as possible to the invalid or inconclusive part of this provision.
6. If JVDL do not always demand strict compliance with these General Terms and Conditions, this does not mean that the provisions in these General Terms and Conditions do not apply or that JVDL would to any extent lose the right to require strict compliance with these General Terms and Conditions in other cases.
Article 3 – Quotation and Proposals
1. All JVDL’s quotations are without obligation and are valid for 14 days, unless otherwise indicated in writing. The offer will lapse if Client does not accept it within the aforementioned period. After expiry of the offer, JVDL are entitled to change the offer.
2. Client guarantees the correctness and completeness of the requirements and information, provided by or on its behalf, on which JVDL bases the quotation. If this information proves to be incorrect or incomplete, JVDL have the right to change the quotation or to terminate the Assignment.
3. The amounts stated in the quotation are excluding taxes and Additional Expenses, unless stated otherwise.
4. JVDL will offer proposals for the Session Series and the Course through the Website. The proposal will contain a full description of the Session Series or the Course and/or Curriculum that is part of the Course. The proposal will in every case state the following information in a clear and comprehensible manner:
a. when the Sessions or the Course starts;
b. the duration of the agreement;
c. the price excluding Additional Expenses and taxes;
d. the method of payment;
e. link to the Terms and Conditions
5. These Terms and Conditions are expressly disclosed to the Client prior to the Client and JVDL agreement, and are an integral part of general information provision of JVDL. The Terms and Conditions apply in full to all agreements that JVDL shall make with the Client. At the Client’s request, JVDL will send a copy of the Terms and Conditions free of charge.
Article 4 – Agreement and Assignment
1. By enrolling for the Session Series and/or the Course, the Customer enters an agreement with JVDL for the Study Duration and agrees with the Terms and Conditions as stated herein.
2. If there are specific Conditions for the chosen Session Series or Course, they will be mentioned in the Course Information and the Session Information.
3. The agreement will be made as soon as acceptance of the offer by the Client has reached JVDL, and JVDL has acknowledged receipt thereof. Confirmation takes place immediately after Registration by e-mail.
4. Upon Registration, the Client commits to JVDL for the entire Study Duration and JVDL expects the Client to participate fully in the Course and/or the Session Series. This way, JVDL can ensure proper planning and scheduling of experts and teachers. In exchange, JVDL offers high-grade courses, sessions and services. JVDL will indicate what is expected of the Client and do its utmost in order to enable the Client to complete the Course and/or the Session Series successfully.
5. In addition to the provisions of Article 4(1), (2), (3) and (4), the Assignment, such as for the development and production of Impact Videos, is only otherwise established once JVDL and Client have signed an agreement in which the scope of the work to be performed by JVDL has been laid down, and JVDL have received a (returned) signed copy of the agreement. If JVDL have not yet received the (returned) signed agreement, the Assignment will be deemed to have been concluded subject to the applicability of these General Terms and Conditions and the applicability of the scope of work as described in JVDL’ quotation, at the time that JVDL began the performance of the Assignment at Client’s oral or written request.
6. Further oral agreements and stipulations between the Parties are only binding after they have been confirmed in writing by JVDL.
Article 5. Execution of and amendments to the Assignment
1. The Client will ensure that all information that JVDL have indicated is required or that Client should reasonably understand is required for the correct and timely performance of the Assignment, is provided to JVDL on time. If this information is not provided to JVDL at all, or is not provided completely or correctly, JVDL are entitled to suspend the performance of the Assignment and/or charge the resulting additional costs to Client for an hourly or other Fee applied by JVDL at that time and according to a specification to be submitted by JVDL.
2. If, during the performance of the Assignment, JVDL have to carry out additional and/or other work than originally agreed due to changed and/or additional insights of Client and/or as a result of which the agreed delivery period cannot be fulfilled, then JVDL will immediately inform Client of this. The costs of this work will be charged to Client as Extra Charges in accordance with a specification to be submitted by JVDL. In this case JVDL are entitled to suspend the performance of the Assignment and start with the performance of further work after Client has agreed in writing to the Extra Charges and/or the new delivery period and/or other conditions imposed by JVDL. This suspension does not constitute a default on the part of JVDL and is not a reason for Client to terminate or cancel the agreement.
3. If, at the exclusive discretion of JVDL, Client’s additional and/or changed insights are of such a nature and/or extent that they constitute a substantial change to the Assignment, JVDL are entitled to terminate the agreement, without notice of default being required, in accordance with the provisions of Article 12(4) of these General Terms and Conditions.
Article 6. Engaging third parties
1. Assignments given to third parties in the context of the performance of the Assignment are provided by or on behalf of Client and for Client’s account and risk. At the request of Client, JVDL may act as an authorized representative at Client’s expense and risk. Said authorization will be laid down in writing. Parties may agree on additional reimbursement for this.
2. If JVDL draw up a budget for third-party costs at Client’s request, then this budget is indicative. If required, JVDL may request quotations on Client’s behalf.
3. If during the performance of the Assignment JVDL involve the goods or services of third parties, after an express agreement and for their own account and risk, after which these goods or services are passed on to Client, then the provisions of the General Terms and Conditions and/or separate agreements with this third party with regard to guarantee and liability also apply for Client.
4. If JVDL provide assignments or instructions to third parties on Client’s behalf and for Client’s account, Client will confirm these orders or instructions in writing at the request of JVDL. JVDL are not liable for the breaches of these third parties, regardless of whether they were introduced by JVDL. Client must address these third parties themselves, should the need arise. If required, JVDL can assist Client in this under conditions to be agreed later.
5. Client will not engage third parties without consulting JVDL if it may affect the performance of the Assignment. Where appropriate, the Parties will consult each other about which other contractors will be called in and which activities will be assigned to them.
Article 7 – Prices, Fees and Costs
1 For the performance of the Assignment, JVDL are entitled to a Fee. This Fee can be agreed as follows:
a) based on a fixed amount or fixed cost price; or
b) based on the actual time spent on performing the Assignment and the costs actually incurred, for the Day Rate applied by JVDL and according to a specification to be submitted by JVDL;
c) based on the composition mentioned in bullets (a) and (b) of this article;
d) if no other agreements have been laid down in the Assignment about the way in which the Fee is agreed upon, the manner described in the second (b) bullet this article applies.
2. All amounts mentioned by JVDL are exclusive of VAT.
3. In addition to the agreed Fee, JVDL are entitled to reimbursement of Additional Expenses. These Additional Expenses are not included in the Fee.
4. The price of the Session Series and the price of the Course, as well as the payment instalments and any Additional Expenses, are stated in the Course Information and the Session Information. The catering is included in these prices.
5. Payment for the Course or the Session Series can also be made in 5 equal, monthly Terms. The Client may indicate this option at JVDL. The amounts of the Terms are stated in the invoice the Client will receive from JVDL.
6. For companies and institutions, a special proposal can be made by JVDL for an Incompany/Customised Course or an Incompany/Customised Session. This offer replaces the pricing information as stated in the Session Information and Course Information on the Website and the prices in article 7(4).
7. On 1 January and 1 July of each calendar year, JVDL may pass on general increases in the Day Rate on the basis of the most applicable Statistics Netherlands price index.
8. Cost-increasing measures imposed by the government may at all times be passed on in the JVDL’ rates.
9. If the performance of the Assignment is delayed or interrupted or otherwise influenced by circumstances that cannot be attributed to JVDL, then Client is obliged to compensate any additional costs that this entails.
10. Unless expressly stated otherwise, all cost estimates and budgets that are not stated in the Course Information and Session Information are only indicative and no rights or expectations can be derived from them. Only if the Parties have agreed to do so, are JVDL obliged to inform Client if a cost estimate or budget is exceeded.
Article 8 – Payment
1. JVDL are entitled to charge the Fee, Additional Expenses and Extra Charges on a monthly basis.
2. The Client will receive an invoice. The amount on the invoice must have been transferred to the JVDL within the payment term set on the invoice to the bank account stated on the invoice. The final payment date for fees charged for the Course or the Session Series is set before the start of the Course or the Session series.
3. JVDL is entitled to request information from third parties concerning the solvency of a Client who has registered for the Course. This may affect the offered payment Terms and Conditions.
4. The Client will be legally be placed in state of neglect without the prior notice being required from the date of expiry of the applicable payment period and the payment due has not been paid in full. JVDL will send the Client a reminder of payment, after which the Client may still pay within the period specified therein. If the Client has not paid the full payment due after this period, JVDL may charge the Client the legal interest from the date on which the original payment period expired.
5. Any extrajudicial or judicial collection costs shall be borne by the Client. The reimbursement for this collection fee will amount to a maximum of 15% of the amount due by the Client.
6. Private Clients will remain responsible at all times for obligations arising from the agreement with the JVDL. Even if the payment is or will be transferred to a third party, such as an employer.
Article 9 – Cancellation of Course and Session Series
1. If the number of applications for a particular Course or Session Series is insufficient according to the judgement of JVDL, JVDL is free to make an agreement with the Client that the relevant Course or Session Series will be held at a different date and/or other time. If JVDL and the Client can not reach an agreement on this change or these changes, the Client is entitled to cancel the relevant Course or Session Series free of charge.
2. Prior to the commencement of a Course or Session Series, the Client has the right to cancel the relevant Course or Session Series. Cancellation before commencement of the first Course Day or Sessions Day by the Client of the agreed upon Course or Session Series will be executed by email: joost@joostvandeloo.nl Moment of receipt of the cancellation by JVDL applies to the date of delivery of the relevant e-mail. The planned commencement date of the (rescheduled) Course or the (rescheduled) Session Series will be used as the starting point in determining the amount of cancellation costs as referred to in article 9, paragraph 3
3. In the case of cancellation as referred to in article 9, paragraph 2 JVDL is entitled to charge the Client the following costs:
a. if cancelled up to two weeks before the start of the Course or Session Series: 25% of the price;
b. If cancelled between two weeks and one week before the start of the Course or Session Series: 50% of the price;
c. if cancelled between one week and 3 days before the start of the Course or Session Series: 75% of the price;
d. if cancelled less than 3 days before the start of the Course or Session Series: the total price.
4. In consultation, it may be decided to schedule the Course or Session Series at a later moment. No charges will apply upon the rescheduling of the Course Date or Session Series.
5. In all cases – after the permission of JVDL – a substitute may be sent.
6. The Client is entitled to terminate the already commenced Course or Session Series with immediate effect. The costs charged to the Client in connection with the Course or Session Series remain due (ie: will not be refunded to the Client), unless there are severe circumstances, for review by JVDL.
7. All reimbursements by JVDL to the Client will be made within 14 days after confirmation from JVDL.
8. Cancellation by the Client of an Incompany/ Customised Course or In-company / Customised Session Series may only take place before JVDL has commenced with the implementation of that Incompany/ Customised Course or In-company / Customised Session Series. Cancellation of an Incompany/ Customised Course or In-company / Customised Session Series can only be executed in writing by means of a registered letter with acknowledgment of receipt (‘signature return’) addressed to JVDL. The moment of receipt by JVDL of the cancellation will be the date of the postmark. As proof of cancellation, the written confirmation by the JVDL is valid. The planned commencement date of the Incompany/ Customised Course or In-company / Customised Session Series is the starting point for determining the amount of cancellation costs as referred to in article 9, paragraph 9.
9. In case of cancellation as referred to in article 9, paragraph 8, JVDL is entitled to charge the Client the following costs:
a. In the case of cancellation after the agreement has been made, and if there is no mention of subsection b, c or d of this article 9, paragraph 9: 20% of the Incompany/ Customised Course costs or the In-company / Customised Session Series costs;
b. If cancelled between two months and one month before the start of the first meeting: 25% of the Incompany/ Customised Course costs or the In-company / Customised Session Series costs;
c. If cancelled between one months and two weeks before the start of the first meeting: 50% of the Incompany/ Customised Course costs or the In-company / Customised Session Series costs;
d. If cancelled less than two weeks before the start of the first meeting: the total costs of the Incompany/ Customised Course costs or the In-company / Customised Session Series costs.
Article 10 – Right of withdrawal of Course student and Session Series participant
1. Any Client may terminate the agreement to participate in the Course or the Session Series within 14 calendar days after it has been made free of charge and without providing any reason (right of withdrawal).
2. The Client makes use of the right of withdrawal by sending an unambiguous statement to joost@joostvandeoo.nl by e-mail within this period stating the agreement must be terminated.
3. Upon receipt of a request for cancellation by JVDL, the Client will have 14 days to return any Items received, including Course Material and Sessions Material, with sufficient postage paid. JVDL will reimburse any paid tuition fees as soon as possible, no later than 14 days after dissolution of the agreement or upon receipt of the submitted Course Material and Sessions Material.
4. Returns will only be accepted if the Items are in the original condition. That means undamaged and uninscribed, complete, only treated as reasonably required for viewing and in the original packaging. If these Conditions are not met, JVDL will not accept the return shipment and the Client is obliged to accept the Course or to reimburse a depreciation to be determined by JVDL.
Article 11 – Right of withdrawal of The Sustainable Sunshine Company B.V.
The Sustainable Sunshine Company B.V. operates under the mission to help people make discoveries and influence behaviour in a more integrated and rewarding way. Therefore we behold the right to turn down an enrolment of a future Client that works for or is engaged with organisations that promote or are engaged with racism, sexism, alcohol, drug or tobacco use, abuse animal rights or engage in otherwise unhealthy or unethical behaviour. This call is made by JVDL, after the enrolment.
Article 12 – Suspension and termination of the Assignment and consequences of non-fulfilment of obligations
1. If the Client fails to comply with one or more of the Terms of the agreement or the Terms and Conditions, the JVDL shall be entitled to suspend its obligations, postpone and finally terminate the Course for this Client.
2. At the end of the Course or Session Series referred to in paragraph 1, the following applies:
a. Unless otherwise agreed in writing, the JVDL no longer has any obligations towards the Client.
b. The cancelled Course or Session Series can not be resumed. A Client who wishes to continue the Course or the Session Series will have to register again.
3. Being in default by the Client does not imply the agreement between the Client and the JVDL has been terminated.
4. JVDL are entitled to suspend their work or to dissolve the Assignment entirely or in part, without notice of default being required, if:
- There is an attributable breach in the performance of the Assignment on the part of the Client, which also includes such behaviour on the part of the Client on the basis of which it can no longer be reasonably required of JVDL that they complete the Assignment.
- Client is in default of payment of the invoice or progress invoice within the payment term, and if Client, after being reminded in writing to pay within fourteen days, fails to do so, or if JVDL should be led to understand, based on any communication or conduct on the part of Client, that this payment will not take place.
- Client fails to provide, at the request of JVDL, sufficient security for the fulfilment of the payment obligations arising from the Assignment, in the case that JVDL have good grounds for doubting Client’s ability to meet its payment obligations based on circumstances that have come to their knowledge after entering into the agreement.
- If Client files a petition for bankruptcy, suspension of payments, be it provisional or otherwise, or debt repayment, or if Client is deprived of the power to dispose of its assets, in which cases all amounts owed become immediately due and payable.
5. Client is not entitled to terminate the Assignment early, unless otherwise agreed in writing in the Assignment. If Client terminates the Assignment without imputable breach on the part of JVDL, or if JVDL terminate the agreement pursuant to the provisions of Articles 5(3) or 12(1) of these General Terms and Conditions, then Client will owe an immediately due and payable compensation, in addition to the Fee and any Additional Expenses or Extra Charges related to the work done until that time, without prejudicing JVDL’ right to claim all damages at law.
6. The compensation referred to in the previous paragraph will at least include the costs arising from the commitments made by JVDL in its own name for the fulfilment of the Assignment with third parties, as well as at least 30% of the remaining part of the Fee.
7. In the event of termination on the grounds of the circumstances mentioned in Article 12(2) of these General Terms and Conditions, all payments received are used firstly to settle the costs, then the interest that has fallen due and finally the principal sum and current interest.
Article 13 – Service Duration
1. The Service Duration is the term specified in the Course Information and the Sessions Information on the Website, or the term specified in the Assignment.
2. After expiration of the Service Duration, the JVDL has no further obligations to the Client unless otherwise agreed in writing.
3. In case of illness, a new date will be communicated in accordance with the Client. In this case, the Service Duration will be altered.
Article 14 – Intellectual property rights
1. All intellectual property rights with regard to services, products and products that JVDL develops, produces and uses, regardless of their nature and regardless of the form in which it is delivered (in print, digital or otherwise), including advice, opinions, strategies, working methods, software, training programs, courses, methods, brochures and the like, are exclusively vested in and accrue to JVDL and/or its licensors and never accrue to Client.
2. Use of Course Materials other than for personal study is not permitted, as is selling and consignment to third parties. The copyright of this rests with the JVDL and not with the Client.
3. The Client is liable to JVDL for each violation the fine stated in Article 14, paragraph 2 which amount to €10.000,-. This fine can be claimed in addition to damages under the law.
4. The Parties may agree that the rights referred to in the first paragraph are assigned entirely or in part to Client. This assignment and any conditions under which the assignment takes place will always be laid down in writing. JVDL may attach conditions to this assignment of rights, including paying a Fee determined by JVDL.
6. Client is not permitted to remove or change any designations concerning copyrights, brands, trade names or other rights from the material, including designations concerning the confidential character and secrecy.
7. If the provisions of this article are violated, Client will indemnify JVDL against all damages suffered and to be suffered as a result, in particular if there are claims from third-party copyright owners.
8. The Parties are obliged to maintain the confidentiality of all confidential information, facts and circumstances that come to the attention of the Other Party within the framework of the Assignment, originating from each other or another source, about which it can be reasonably understood that disclosure or communication to third parties could damage JVDL or Client. Third parties who are involved in the execution of the Assignment will be bound to the same confidential handling of these facts and circumstances originating from the Other Party.
Article 15 – Liability
1. The liability of the JVDL is limited to the amount paid by the Client.
2. JVDL is not liable for damages to Client properties.
3. All JVDL Course Materials or Sessions Materials, or any other work, arising out of or related to the Course, has carefully, and to the best abilities been developed and/or compiled by JVDL. However, JVDL is not in any way liable for any loss whatsoever resulting from (possibly) incorrect information in the Course Material or Sessions Material, or related to any other work arising from or related to the Course, unless there is any intention or conscious recklessness on the part of the JVDL.
4. JVDL is not in any way liable for any loss whatsoever resulting from (any) incorrect or incomplete information/ recommendations/ advice provided in connection with the Course or Session Series. This includes: the information/ recommendations/ advice provided by the teacher or through the Course Material or Sessions Material or any other work resulting from or related to a Course or Session Series.
5. The liability limitation described in this article also extends to all persons for whom JVDL is responsible (such as persons employed by JVDL or appointed by JVDL for the performance of the agreement).
6. If the Client him/herself does not participate in a Course or Session Series, the Client shall ensure that the participants for whom the Course or Session Series has been taken have accepted the aforementioned liability restrictions.
7. JVDL’ liability due to attributable breach in the performance of its obligations under the Assignment only arises if Client immediately gives JVDL proper notice of default in writing, and in the process enables JVDL to remedy the breach, or to limit damages, within a reasonable term and for its own account, and JVDL continue to be in breach of their obligations after this term. The notice of default must contain an as detailed as possible description of the breach, so that JVDL are able to respond effectively.
8. JVDL are only liable to Client due to attributable breach in the performance of their obligations under the Assignment and only for direct damages attributable to JVDL, and then only for alternative compensation, i.e. compensation for the value of the failed performance. Any liability on the part of JVDL for any other kind of damages is excluded, including additional compensation in any form whatsoever, as well as compensation for indirect or consequential damages or damages due to loss, lost turnover or profit, loss of savings, loss due to business interruption and damage to image.
9. If JVDL are liable to Client pursuant to the previous paragraphs of this article, this liability is limited to the amount of the Fee, at least to that part of the Fee that is charged to Client or to which the liability relates.
10. JVDL are not liable for damages that arise due to the defectiveness of equipment, software, data carriers, registers or other means used by it in the performance of the Assignment, none of which are excluded, nor for damages caused by the interception by third parties of audio and/or data transmissions from telephones, faxes, or e-mails and the possible forging thereof.
11. All liability expires after the passing of one year from the time the Assignment has ended due to completion, termination or giving notice to terminate.
12. Client indemnifies JVDL against any claims by third parties that suffer damages in connection with the implementation of the agreement for which the cause is not attributable to JVDL. If JVDL should be approached by third parties on this basis, then Client is obliged to assist JVDL both in and out of court, and to do everything that may be expected of it in such a case and without delay. Should Client fail to take adequate measures, then JVDL are entitled to resort to this themselves, without notice of default. All costs and damage on the part of JVDL and third parties acting on its behalf arising from this will be borne entirely by Client.
16. Force Majeure
1. Force Majeure may be invoked if the stated circumstances affect JVDL as well as if the circumstances affect third parties engaged by JVDL.
2. In the event of Force Majeure, JVDL are entitled to suspend the performance of the agreement and JVDL will do everything in their power to perform the Assignment as soon as possible.
3. In the event of Force Majeure, JVDL are not entitled to compensation, compensation of costs incurred or interest. If the period in which fulfilment of the obligations by JVDL is impossible due to Force Majeure lasts longer than one month, JVDL as well as the Client are entitled to terminate the agreement entirely or in part, without any obligation to pay each other compensation.
4. If JVDL have already partially fulfilled their obligations on the occurrence of Force Majeure, or can only partially fulfil their obligations, JVDL are entitled to charge separately for goods or services already delivered, and Client is obliged to settle this invoice.
Article 17 – Privacy / Protection of Personal Data Law
1. The data provided by the Client shall be included in the automated administration of JVDL. This data is processed internally and used for responsible Client Management and responsible business management, such as registering Clients, providing Course Material and/or Sessions Material, and sending information about our Courses or Sessions or the Assignment or related information.
2. All information provided and shared between Client and JVDL will be handled with full confidentiality by JVDL.
3. The JVDL may provide information to third parties for the following reasons:
a. To persons directly involved with attending to Clients, such as coaches or teachers or producers, but not after a written statement to JVDL to treat this information in confidence and in accordance with the requirements of the Protection of Personal Data Law.
4. The JVDL operates in compliance with the Protection of Personal Data Law (WBP). Clients who do not wish to receive further information from us can make this known in writing.
5. The JVDL and on behalf of its third parties, use cookies to track visitor information. We do this to optimize the layout of our site and increase ease of use, such as in the registering process. Accepting cookies can be disabled in the browser. Turning off cookies may limit the use of our Website and services. Accepted cookies will remain on the Client’s computer for an unlimited period of time.
Article 18– Amendment of Terms and Conditions
1. Unless otherwise agreed in writing, JVDL may change the registration Terms. Changes are announced by general publication on the Website for at least ten calendar days before they will be instigated.
2. If any provision of these General Terms and Conditions is null and void or is voided, the other provisions of these General Terms and Conditions will remain fully in effect. In that case, the Parties will consult with the aim of agreeing new provisions to replace the void or voided provisions. In doing so, the purpose and meaning of the void or voided provisions will be taken into account as far as possible.
Article 19 – Complaints Settlement
Complaints will be communicated to JVDL in writing as soon as possible, but in any case within one month of completion of the Assignment or the Date End Course, failing which Client will be deemed to have fully accepted the result of the Assignment or the Course or the Session Series.
1. The Assignment and Agreement is governed by Dutch law.
2. Client complaints to JVDL are initially handled by JVDL. The complaints should be sent to joost@joostvandeloo.nl by e-mail. Within 5 business days, the Client will receive a confirmation of receipt.
3. JVDL will treat the complaint confidentially and JVDL strives to resolve the complaint within 2 weeks. Should this term not be met, the Client will be informed of the situation within 2 weeks. JVDL will give the Client an explanation of the delay and an indication when JVDL expects to conclude.
4. Should the client not agree with the proposal JVDL brings forth, he may contact Bureau Blanchard, Pijnboomstraat 38, 2023 VS Haarlem, The Netherlands (http://blanchard.nl/), hereinafter referred to as independent third party. Complaints can be sent by e-mail to frans@blanchard.nl
5. JVDL will accept the judgement of the independent third party. Any consequences are quickly dealt with by JVDL.
6. All correspondence regarding the complaints settlement will be kept by JVDL for the duration of 1 calendar year.
Article 20 – Disputes
1. Dutch law applies exclusively on all offers and activities of The Sustainable Sunshine Company B.V.
2. Disputes may only be brought before the qualified court in the district where The Sustainable Sunshine Company B.V. is located.
3. The applicability of the Vienna Sales Convention is expressly excluded.
Article 21 – Photographs
During the Course or the Session Series or the execution of the Assignment, it’s possible that photos will be taken of the workshops, the moments of video production, the graduation ceremony, and the Clients. By agreeing to the terms and conditions, the Client gives JVDL permission to use the photographs for online publicity activities, such as our website, blogs, social media or PDFs. We will not use any photos for other purposes or send photos to third parties without any written approval of the Client. The Client can send an e-mail to Joost van de Loo at joost@joostvandeloo.nl if the Client isn’t comfortable with this condition. The pictures of the client won’t be used if the Client explicitly objects to the general usage as stated above. All photos will also be shared with the Client in a closed Alumni group.