Positive People
Chamber of Commerce: 69956820

Terms and conditions Positive People ? Ahmed Al Rizk

Article 1 ? Applicability
These general terms and conditions apply to all oral and written offers and agreements of or with and all related acts, both preparatory and executive.


Article 2 ? Company description
Ahmed Al Rizk of Positive People (www.positivepeople.io) focuses on coaching, speaking, providing training and giving workshops within the field of personal development, in the broadest sense. Registered with the Chamber of Commerce under number: 69956820.


Article 3 ? Definitions
- Contractor: Ahmed Al Rizk - Positive People
- Client: the person, company or body that commissions the contractor to perform services.
- Services: all products and services supplied by the contractor to the client.
- Cliënt: degene die deelneemt aan een begeleidings-, advies- of coachingstraject (coachee).


Article 4 ? Execution of the agreement
- The Contractor will perform the agreement to the best of its knowledge and ability. The Contractor has a best efforts obligation towards the performance of the agreement and can therefore not be held liable on the basis of an obligation of result.
- The client ensures that all information, which the client indicates is necessary or which the client should reasonably understand is necessary for the execution of the agreement, is provided to the contractor in a timely manner. If this information is not provided in time, the contractor reserves the right to suspend the performance of the agreement.
- Unless agreed otherwise in writing, these general terms and conditions apply to all offers and agreements of the contractor.
- Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.

- No rights can be derived from the tacit non-application of these general terms and conditions.


Article 5 ? Quotations and offers
- Quotations from the contractor are based on information provided by the client.
- All quotations and offers from the contractor are without obligation, unless expressly stated otherwise in the offer.
- Quotations are valid until the date stated on the quotation. After this date, no rights can be derived from the underlying offer.
- Unless stated otherwise in a quote, the quoted prices are exclusive of VAT for companies and inclusive of VAT for private clients.
- Quotations do not automatically apply to future assignments.
- The contractor cannot be held to an offer if the
the client can reasonably understand that (a part of) the offer contains an obvious mistake or error.


Article 6 ? Establishment and fulfillment of agreement
- An agreement between the contractor and a client is concluded by offer and acceptance.
- An assignment is granted by the signed return of a quotation issued by the contractor, or by agreeing to a digital quotation and/or offer sent by the contractor.
- The agreement is also deemed to have been concluded in accordance with the quotation/offer issued by the contractor, as soon as the contractor has commenced the actual provision of services.
- The agreement concluded with the contractor leads to a best efforts obligation for the contractor, not an obligation of result.
- The contractor is obliged to perform the work to be performed by it to the best of its knowledge and ability, in accordance with the requirements of good workmanship.
- The contractor performs its services in some cases (partly) with the help of third parties engaged by it.
- In the event of force majeure, as a result of which compliance with the agreement cannot reasonably be expected from the contractor, the implementation of the agreement will be suspended in order to be fulfilled at a later date, or the agreement will be terminated, all without any obligation to pay compensation.


Article 7 ? Information provision by the client
- The client is obliged to provide all personal data requested by the contractor. The contractor will only ask for information that is necessary for the execution of the agreement. If changes occur in the data provided by the client after the conclusion of the agreement, this must be passed on to the contractor.

- The contractor is not responsible for the consequences of the client not having received information due to incorrect (address) data.


Article 8 ? Payment
- Payment must be made within the term indicated on the invoice, in a manner to be indicated by the contractor, unless agreed otherwise. If no term has been agreed, payment must be made within 14 days of the invoice date.
- In the event of overdue payment or failure to make payment, the client will be in default by operation of law and the contractor reserves the right to terminate the performance of the agreement with immediate effect. From that moment onwards, the client also owes statutory interest on the outstanding amount.
- In the event of any objections regarding the invoice, the client must make this known to the contractor in writing within two weeks after receipt of the invoice.
- Objections to the amount of the invoice do not suspend the payment obligation of the client.
- If the contractor hands over the claim for collection, the client will also owe the judicial and extrajudicial costs involved in this collection.
- Unless agreed otherwise in writing, the client is the one who is obliged to pay the agreed price for the services of the contractor.


Article 9 ? Duration and Termination
- The duration of the coaching process, as laid down in the agreement between the client and the contractor, can be terminated or extended by both parties at any time by mutual consent.
- Termination of the coaching trajectory can take place unilaterally by the client if he/she no longer appreciates the trajectory or deems it necessary.
- The contractor has the right to cancel a coaching session, coaching trajectory, workshop or training without giving any reason or to refuse participation of a client or client, or to refuse the coachee designated by the client, in which cases the client is entitled to a refund of the full amount paid by it to the contractor.
- Cancellation by the client can be done free of charge up to 6 weeks before the start of a coaching process, workshop or training. In the event of non-cancellation, the client is obliged to pay the total amount of the coaching process, coaching session, workshop or training.
- In the event that the client or the client, after the start of the coaching program or training, terminates participation prematurely or otherwise does not participate in it, the client is not entitled to any refund, unless the special circumstances of the case, in the opinion of the contractor, dictate otherwise. justify.
- The contractor has the right to terminate the agreement with immediate effect and without judicial intervention, if the client fails to fulfill the obligations arising from the

agreement, including the obligations laid down in these terms and conditions, unless the client, after being warned to do so in writing, still fulfills its obligations within 14 days after sending this reminder.


Article 10 ? Reschedule appointments
- An individual coaching session can be canceled or moved free of charge up to 24 hours before the start. The Contractor strives to always allow appointments to continue or to move them to another time. In the event of cancellation within 24 hours, the contractor is entitled to charge the previously agreed price.
- If a training or workshop is canceled within 48 hours of commencement, the contractor will charge the costs and the client is obliged to pay these. Appointments canceled or rescheduled before this time will not be charged.
- If the client does not appear (without any notification) for a scheduled meeting, the costs for the meeting will be charged and the client is obliged to pay these.
- The contractor reserves the right to reschedule or cancel agreements if it cannot properly implement the provision of services / the agreement.


Article 11 ? Force majeur
- The contractor is not obliged to fulfill any obligation towards the client if it is prevented from doing so by force majeure. The contractor can suspend the obligations under the agreement during the period that the force majeure lasts. If this period lasts longer than two months, both parties are entitled to dissolve the agreement, without any obligation to pay damages to the other party. Work performed by the contractor before the occurrence of the force majeure may be invoiced to the client.


Article 12 ? Intellectual property and user rights
- The copyright and any other intellectual property rights remain with the contractor. All documents produced and/or provided by the contractor, such as reports, advice, calculations, etc., are exclusively intended for use by the client and may not be reproduced, made public or used by anyone other than the contractor without the prior consent of the contractor. be exported, unless expressly agreed otherwise or unless the nature of the documents provided dictates otherwise.
- After violation of an obligation described in Articles 12, an immediately due and payable fine of ? 25,000.00 per violation, to be increased by 2% of this amount for each day that such violation continues. If damage suffered by the contractor after a violation by the client of the obligations exceeds the amount of the fine, the client is also obliged to compensate the additional damage suffered by the contractor.

Article 13 ? Privacy regulations
In order to perform the assignment as well as possible, the contractor keeps a record of personal and administrative data. To guarantee clients and clients that their privacy is protected and that their data is handled carefully, the contractor applies privacy regulations.


Article 13.1 ? Personal data
- By confirming the agreement and these general terms and conditions, the client gives permission to use its name and address details plus telephone number for recording in the customer database of the contractor for administrative purposes.
- The personal data provided by the client to the contractor are personal data within the meaning of the Personal Data Protection Act (Wbp). The contractor is responsible for ensuring that this personal data is processed in accordance with the Wbp and in a proper and careful manner.
- The personal data provided by the client are exclusively intended for the purpose for which they were transferred and issued. This concerns data with which the contractor can carry out the assignment, data with which the contractor can keep the financial administration and data with which the contractor can contact the client.
- The client can request to inspect his personal data and to correct, supplement or change this data.


Article 13.2 ? confidentiality
- The contractor treats all information about individual clients confidentially and ensures that this information is not disclosed to third parties. In the event of imminent danger to both the client and society, the contractor reserves the right to break the confidentiality and will inform the competent and appropriate authorities.
- Both parties are obliged to maintain the confidentiality of everything that is discussed during or in the context of the coaching sessions, training courses or consultancy assignments.
- If, on the basis of a statutory provision or a court decision, the contractor is obliged to provide confidential information to third parties designated by law or the competent court and the contractor cannot in this respect rely on a statutory or authorized or authorized right of nondisclosure, then the contractor is not obliged to pay damages or compensation.
- The contractor shall ensure that this confidentiality obligation is also observed by any third parties engaged in the performance of its work.


Article 13.3 ? Liability
- The Contractor accepts no liability whatsoever for damage caused by or in connection with the services it provides.
- The contractor's liability is limited to the invoice value of the assignment, or at least that part of the assignment to which the liability relates. For an assignment with a longer term

than six months, the liability is further limited to the
invoice amount due in the last six months.
- The contractor is not liable for direct or indirect damage that
the client suffers as a result of actions or decisions taken
as a result of or during a training, coaching session or consultancy assignment.
- The client (or client) remains responsible at all times for
choices made.
- Any liability of the contractor for trading loss or other
indirect damage or consequential damage, of whatever nature, is expressly excluded.


Article 13.4 ? retention period
- The personal data will not be kept longer than is necessary for the execution of the assignment, unless otherwise agreed with the client.


Article 13.5 ? Complaints procedure
- Any complaints about services provided by the contractor must be made known to the contractor in writing and with reasons within 8 days after delivery thereof. Failing this, the client is deemed to agree with the services provided. Submitting a complaint does not release the client from his payment obligation.
- Affiliated with SoloPartners for the purpose of the complaints procedure. The complaints procedure is fully in order in accordance with the requirements of the Care Quality, Complaints and Disputes Act (Wkkgz), the Care and Compulsion Act (Wzd), the Social Support Act (Wmo), the Compulsory Mental Health Care Act (Wvggz) and the Youth Act. Included in the Healthcare Provider Portal (CIBG).
- Complaints are referred to the SoloPartners website.

Article 14 ? Final provision
- If a provision in these general terms and conditions is null and void or should be nullified, the other provisions of these general terms and conditions will remain fully applicable. To replace the void or voided provision, the contractor and the client will agree on a new provision in consultation. The aim and purport of the original provision will be taken into account as much as possible.
- Dutch law applies to the agreement between the contractor and the client.
- These conditions remain in force if the contractor changes its name, legal form or owner.
Last updated: February 10, 2023