Terms and Conditions
In these conditions the following terms have the following meanings:
• ‘ Conditions’: the general terms and conditions that apply to all agreements that are concluded with My Motivation Insights.
• ‘Customer ’: the natural person or legal entity with whom My Motivation Insights has concluded an agreement or who is negotiating about it, as well as their representative (s), authorized representative (s), assignee (s) and heirs.
• ‘Parties’: My Motivation Insights and the Customer who have concluded an agreement or are negotiating about it.
• ‘Agreement’: The joint decision of My Motivation Insights and the Customer to enter into a legal relationship, whereby My Motivation Insights undertakes, with the applicability of the provisions included in these terms and conditions, to provide certain services or to deliver products against a payment to be made by the Customer or performance.
• ‘My Motivation Insights Systeem’: all computer programs developed by My Motivation Insights for taking, scoring and standardizing profiles of My Motivation Insights.
• Quotations drawn up by My Motivation Insights are without obligation, unless explicitly agreed otherwise. All offers from My Motivation Insights are valid for 15 days from the moment of the offer, unless stated otherwise. My Motivation Insights is only bound by the quotation if the acceptance thereof is confirmed by the Customer within 15 days. The prices in the quotations are exclusive of VAT, unless stated otherwise.
• The contents of leaflets, brochures and price lists have been drawn up with reservation and are not binding on My Motivation Insights.
• My Motivation Insights is not responsible for any damage suffered or to be suffered by the Customer or third parties, of whatever nature or extent, in connection with or resulting from the fulfillment of the ‘Agreement’ or the failure to do so, unless there is is intentional or grossly negligent and unless the parties have agreed otherwise contractually.
• My Motivation Insights is not responsible for any damage suffered or to be suffered by the Customer or third parties, which is directly or indirectly attributable to the incorrectness, unlawfulness or incompleteness or delay in the topicality of the information provided by My Motivation Insights to the Customer.
• If and insofar as My Motivation Insights appears to have any liability towards the Customer, for whatever reason, then this liability is limited per claim to the amount to a maximum of the equivalent value of the agreed performance determined in the invoice (excluding VAT). ).
• If My Motivation Insights is held liable by a third party with regard to any damage for which it is not liable under the agreement with the Customer or on the basis of these conditions, the Customer will fully indemnify him in this respect. The presence of a defect never entitles the Customer to suspend or set off his payment obligations with regard to the product.
• All intellectual property rights to the works published by My Motivation Insights, including copyrights, trademark rights and database rights, rest with My Motivation Insights or the authors represented by My Motivation Insights. Unless explicitly stated otherwise in writing by My Motivation Insights, nothing from the works published by My Motivation Insights may be made public or reproduced in any way, including storage in any automated file. The Customer will not use the My Motivation Insights System without express permission from My Motivation Insights.
• The Customer is not permitted to remove or change any designation regarding copyrights, brands, trade names or other intellectual or industrial property rights from (software) material.
LICENSE MY MOTIVATION INSIGHTS
• If the agreement with My Motivation Insights concerns the use of the My Motivation Insights System, the Customer must agree to the My Motivation Insights license agreement.
• The use of the My Motivation Insights System is licensed for a period of 12 months, starting on the day of delivery by My Motivation Insights. This license is tacitly renewed by the parties for a period of 12 months at the then applicable rates for license renewal, unless the Customer cancels in time.
• The license can be canceled by the Customer, with a notice period of 1 month before the end of the license. When the license is terminated, all data will be removed from the database.
• Payment must be made within 14 days of the invoice date, in a manner to be indicated by My Motivation Insights in the currency in which the invoice is made. Objections to the amount of the invoices do not suspend the payment obligation.
• If the Customer fails to pay within the period of 14 days, the Customer is in default by operation of law. The customer then owes interest of 2% of the invoice amount per month, unless the statutory interest is higher, in which case the statutory interest applies. The interest on the due amount will be calculated from the moment the client is in default until the moment the full amount is paid.
• If the Customer is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining settlement out of court will be borne by the Customer. In any case, the Customer will owe collection costs in the event of a monetary claim. The collection costs are calculated in accordance with the collection rate as recommended by the Dutch Bar Association in collection cases. My Motivation Insights may require prepayment.
• My Motivation Insights reserves the right to increase its rates after informing the Customer thereof.
If the Customer cancels the training or training day, cancellation costs are due.
• In case of cancellation within 30 days before the start of the training or training day, 50% of the costs will be charged.
• In case of cancellation within 5 days before the start of the training or training day, 80% of the costs will be charged.
• In case of cancellation within 24 hours before the start of the training or training day or in case of non-appearance, the full costs will be charged.
CHANGE OF TERMS
• My Motivation Insights reserves the right to unilaterally change these terms and conditions. Changes come into effect 30 days after notification to the Customer.
• The nullity or annulment of one or more provisions of these general terms and conditions or of any provision in an Agreement concluded between the Parties does not affect the effect of the other provisions of these terms and conditions or of that Agreement.
• In the event of nullity or annulment as referred to in the previous paragraph, the Parties will substitute an arrangement for that provision (s) that approximates the scope of the provision as closely as possible.
BATTLE OF FORMS
• The applicability of the Buyer’s terms and conditions is explicitly rejected, unless explicitly agreed otherwise.
DISPUTES AND APPLICABLE LAW
• The District Court in Breda has jurisdiction in all disputes between the parties. The legal relationship between My Motivation Insights and the Customer is governed by Dutch law
These general terms and conditions were last amended on February 27, 2020