Alison Sutton, Orthopedagogue

Article 1 Application

1. These conditions apply in all agreements between Childrearing Matters Advice and Training and her clients concerning participation in or instruction to hold courses, training courses, workshops and other forms of training or advice in the broadest sense of the word, hereinafter referred to as 'training'. These conditions apply also to all work in connection with coaching, policy support, consultancy and research.

2. Deviations from these conditions are only binding if and insofar as they have been confirmed in writing by Childrearing Matters Advice and Training.

3. The client’s own general terms and conditions of purchase do not apply, unless they are accepted in writing by Childrearing Matters Advice and Training.

 

Article 2: Definitions

In these General Terms and Conditions:

1. Contractor: Childrearing Matters Advice and Training

2. Client: the other party: every natural person and legal entity that makes use of purchases any service or product of Childrearing Matters Advice and Training

3. Assignment: All the activities agreed between the Contractor and the Client and the materials supplied by the Contractor.

4. Force majeure: any circumstance beyond the control of Childrearing Matters Advice and Training, whereby the fulfillment of her obligations towards the client is prevented in whole or in part or as a result of which the fulfillment of her obligations cannot reasonably be required from Childrearing Matters Advice and Training, irrespective of whether that circumstance was foreseen or foreseeable at the time of concluding the agreement.

 

Article 3: Establishment of agreement

1. The agreement between Childrearing Matters Advice and Training and the client is established by the client signing a copy of the quotation sent to him by Childrearing Matters Advice and Training; by Childrearing Matters Advice and Training and the client both signing a written agreement; or by Childrearing Matters Advice and Training accepting in writing an assignment proposed by the client in an e-mail.

 

Article 4: Cancellation by the client

1. The client has the right to cancel participation in, or an order for a training by signed letter.

2. Cancellation by the client of the assignment can take place up to four weeks before the start of the first training day at 25-euro administration costs.

3. In the event of cancellation between two and four weeks prior to the start of the first training day, the client is obliged to reimburse 50% of the participation sum and any preparatory costs.

4. In case of cancellation less than two weeks before the start of the first training day, the client is obliged to reimburse 100% of the participation sum.

5. In the event that the client or the participant designated by the client terminates participation prematurely or does not participate in the training for any other reason, the client is not entitled to any reimbursement.

6. Shifting the execution date of In-Company training courses will be determined by mutual agreement. The delayed training should take place no later than 6 months after the original date of execution.

 

Article 5: Cancellation by Childrearing Matters Advice and Training

1. Childrearing Matters Advice and Training has the right to cancel training without giving any reason or to refuse the participation of a client or of the participant designated by the client, in which case the client is entitled to reimbursement of the entire amount due to or paid to Childrearing Matters Advice and Training.

2. Childrearing Matters Advice and Training reserves the right, in the event of force majeure, to cancel, change, move or interrupt trainings or advice sessions until the reason for the force majeure no longer applies.

3. If Childrearing Matters Advice and Training cannot fulfill its obligations due to force majeure, Childrearing Matters Advice and Training has the right to suspend carrying out the agreement for the duration of the force majeure situation, or to dissolve the agreement in whole or in part in writing. If Childrearing Matters Advice and Training suspends the execution of the agreement and the situation of force majeure lasts for two months, the other party has the right to dissolve the agreement in whole or in part by registered mail.

 

Article 6: Replacement

1. The client or the participant designated by the client may, in lieu of the registered participant, have another participant take part in the training, provided that Childrearing Matters Advice and Training is informed of the replacement no later than 24 hours after the decision to replace the original participant has been made. Replacement of a trainee after the start of the training is not allowed. This provision does not affect the rights of Childrearing Matters Advice and Training on the grounds of Article 5.1.

 

Article 7: Prices

1. Prices are not binding unless included in a written agreement as described in article 3.

2. All prices quoted by the contractor are exclusive of VAT, unless explicitly stated otherwise.

3. The contractor is entitled to increase the price above that offered and agreed upon, on the basis of a subsequent increase in price-determining costs. The contractor is entitled to invoice the relevant amount of the increase as soon as this is known to the contractor.

 

Article 8: Payment

1. Childrearing Matters Advice and Training will charge the fees due by the client by means of an invoice.

2. The client must pay the fees due after the completion of an individual guidance, (team) training or project no later than 30 days after invoicing in the manner indicated by Childrearing Matters Advice and Training, without suspension or reduction of fees due to a (presumed) shortcoming by Childrearing Matters Advice and Training, unless explicitly agreed otherwise.

3. The travel and accommodation costs incurred by Childrearing Matters Advice and Training are not included in the participation sum, unless expressly agreed otherwise in writing.

4. If the client does not pay within the agreed term, he is in default without any notice of default. In the event of default, Childrearing Matters Advice and Training is always entitled to charge statutory interest on the defaulted payments from the due date.

5. In the event of late fulfillment of payment, the client is always obliged to reimburse Childrearing Matters Advice and Training for all judicial and extrajudicial collection costs reasonably incurred, which will always include the costs of collection agencies, as well as the actual costs incurred and the wages of bailiffs and lawyers, even if they exceed the legal costs to be awarded. Debt collection costs amounts to at least 15% of the amount due by the client, with a minimum of 500 Euro.

 

Article 9: Copyright

1. The copyright on the training material issued by Childrearing Matters Advice and Training is vested in Alison Sutton unless another copyright owner is indicated on the work itself. Without the express written consent of Alison Sutton, no data from parts and/or extracts or any material will be published by the client or reproduced in any way whatsoever.

2. The copyright on other documents that result from the work of trainers of Childrearing Matters Advice and Training, rests solely with Alison Sutton.

 

Article 10: Liability

1. Childrearing Matters Advice and Training makes every effort to carry out the assignments to the best of its knowledge and ability.

2. Childrearing Matters Advice and Training does not accept any liability towards the client for any damage that is covered by the client's own liability insurance.

3. Apart from the cases referred to in paragraph 2, liability shall be limited to the amount charged for the damage-causing activity or, if it concerns an extended contract, to the invoice amount over a period of 6 (six) months.

4. Childrearing Matters Advice and Training is never liable for indirect damage, including consequential damage, loss of profits and damage due to business stagnation.

5. Childrearing Matters Advice and Training will not be held liable if the client has the possibility to contact his insurance company or that of a third party directly in connection with the damage.

 

Article 11: Confidentiality

1. The client and the contractor shall, even after the termination of the agreement, observe confidentiality with regard to all information made available to them by the other party in the formation and execution of an order and of which the confidential nature is indicated, or can reasonably be recognized.

2. Confidential information does not include information that is generally known or information that is obtained without using the confidential information.

 

Article 12: Complaints and Liability

1. Childrearing Matters Advice and Training understands 'complaints' to refer to all complaints with regard to the execution of the assignment. Complaints concerning the services provided are only valid if submitted by the client up to fourteen days after the service has been provided or the order completed. The written complaint must give a description of the grievances and the identified defects. Submitting a complaint cannot lead to the suspension of the client's payment obligation.