Pinkham Coaching and Training
General Terms and Conditions
Article 1: Definitions
In these general terms and conditions, the following is understood to mean:
Contractor: The natural or legal person on whose behalf Pinkham Coaching and Training offers services, coretalent analyses, coaching, training, or related activities subject to these general terms and conditions.
Client: The natural or legal person who has commissioned the Contractor to perform Services in the field of coretalent analyses, coaching, training, or related activities.
Coachee: The natural person who participates in a guidance process in the field of coretalent analysis, coretalent discovery, coaching, training, or related activities. This natural person may also be referred to as the Analysisee.
Services: All work commissioned, or arising from, or directly related to the commission, in the broadest sense of the word.
Agreement: Any agreement between the Client and the Contractor for the provision of Services by the Contractor for the benefit of the Client.
Article 2: Applicability of these terms and conditions
1. These General Terms and Conditions apply to all quotations and agreements in which Services are offered or provided by the Contractor in the course of its profession.
2. These General Terms and Conditions also apply to any Agreement in which third parties are involved by the Contractor for the execution.
3. Deviations from these general terms and conditions are only valid if and insofar as they have been agreed upon in writing between the Client and the Contractor.
4. Any purchasing or other general terms and conditions of the Client shall not apply, unless the Contractor has expressly accepted them in writing.
5. If one or more provisions of these general terms and conditions are null and void or should be annulled, the remaining provisions of these general terms and conditions shall remain fully applicable. The Client and the Contractor shall then enter into consultation to agree on a new provision to replace the null and void or annulled provision or to agree on a lapsed provision, as far as possible in accordance with the purpose and intent of the original provision.
6. These general terms and conditions also apply to additional assignments and follow-up assignments from the Client.
Article 3: Applicable codes of conduct and regulations
These General Terms and Conditions also refer (in)directly to the Privacy Statement , which forms part of these General Terms and Conditions and is published on the Pinkham Coaching and Training website. By agreeing to these General Terms and Conditions, the Client also declares to agree to these additional provisions.
Article 4: Quotations and conclusion of the Agreement
1. All quotations made by the Contractor are non-binding and are valid for 30 days, unless otherwise stated. The Contractor is only bound by a quotation if acceptance thereof by the Client is confirmed to the Contractor within the stated validity period without reservation or modification.
2. The prices in the quotations are exclusive of VAT unless expressly stated otherwise.
3. The Agreement is concluded by acceptance of the offer by the Client as referred to in the last sentence of paragraph 1. Client and
The Contractor has also entered into an Agreement if
The Contractor confirms in writing an agreement made between the Client and the Contractor, and the Client does not dispute the accuracy thereof in writing within ten working days or – if that period is shorter – before the commencement of the work.
Article 5: Execution of the Agreement
1. Each Agreement gives rise to an obligation of best effort for the Contractor, whereby the Contractor is obliged to fulfill its obligations to the best of its ability, with due care and the necessary professionalism, and in accordance with the general standards applicable at the time of the execution of the Agreement.
2. In all cases where the Contractor deems it useful or necessary, it has the right – in consultation with the Client – to have certain work performed by third parties or to be assisted by third parties.
3. The Client shall ensure that all information which the Contractor indicates is necessary for the execution of the Agreement is provided to the Contractor properly, completely, and in a timely manner. If the information required for the execution of the Agreement is not provided to the Contractor in a timely manner, the Contractor has the right to suspend the execution of the Agreement and/or to charge the Client for the additional costs arising from the delay at the customary rates.
4. If a deadline has been agreed for the completion of certain work by the Contractor, this is not a strict deadline unless expressly agreed otherwise. Exceeding the agreed deadline therefore does not constitute an attributable breach of contract by the Contractor. For this reason, the Client may not dissolve the Agreement and is not entitled to compensation. However, in the event of exceeding the agreed deadline, the Client may set a new, reasonable deadline within which the Contractor must perform the Agreement. Exceeding this new deadline may provide the Client with grounds for dissolving the Agreement.
5. When the Contractor is instructed to fulfill an assignment or part thereof in collaboration with a third party, the Client shall determine, in consultation with all parties involved, the respective tasks of each party. The Contractor accepts no joint and several liability, nor liability for the performance of the task and the related activities of the third party.
Article 6: Confidentiality
1. The Contractor is obliged, subject to any obligation imposed upon him by law or by a competent government authority to disclose certain data, to maintain confidentiality towards third parties regarding all confidential information that he has obtained from the Client or from other sources in the context of the Agreement. Information is considered confidential if this has been communicated by the Client or if it follows from the nature of the information. The Contractor shall ensure that this obligation is also imposed on any employees or third parties engaged by him in an assignment.
2. Conversations, sessions, and other contacts taking place in any form whatsoever between the Contractor and the Coachee shall be considered strictly confidential. Consequently, the Contractor shall not disclose to anyone, including the Client, any information regarding the content and progress of these contacts unless the Coachee has given explicit permission to do so.
Article 7: Intellectual property
1. The Contractor is the holder of the intellectual property rights relating to the works provided by it – within the framework of the Agreement – to
Products provided by the Client and/or Coachee or used within the framework of this Agreement, including but not limited to tests, readers, reports, models, exercise materials, and computer programs.
2. The Client and/or Coachee may not use these products, to which the Contractor holds the intellectual property rights, without the express written permission of the Contractor, other than for the purpose of this assignment.
3. The Contractor is entitled to use the knowledge obtained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties and provided that it cannot be traced back to individual Clients or Coachees.
Article 8: Fees and costs
1. Unless expressly agreed otherwise, the Contractor's fee consists of a predetermined fixed amount per Agreement or per Service provided and/or may be calculated based on rates per unit of time worked by the Contractor.
2. The Contractor may request the Client to pay a reasonable advance payment in connection with fees owed or to become owed by the Client and/or expenses to be incurred on behalf of the Client. If the Contractor has requested a reasonable advance payment, he has the right to suspend the performance of the work until such time as the Client has paid the advance payment to the Contractor or has provided security for it.
3. The Contractor reserves the right, in consultation with the Client, to adjust the agreed fees annually due to changes in the general price index and due to measures imposed by the government.
Article 9: Payment
1. Payment must be made within 14 days of the invoice date, in a manner to be specified by the Contractor. Payment shall be made without deduction, set-off, or suspension for any reason whatsoever.
2. After the expiration of 14 days from the invoice date, the Client is in default. From the moment of default, the Client owes the Contractor default interest on the overdue amount equal to the statutory interest.
3. In the event that there are multiple Clients, each Client is towards
The Contractor is jointly and severally liable for the payment of the total invoice amount in the event that the work has been performed for the benefit of all these Clients.
4. Payments made by the Client shall always be applied first to the satisfaction of all accrued interest and costs, and secondly to the oldest outstanding invoices, even if the Client states that the payment relates to a later invoice.
Article 10: Collection costs
If the Contractor takes collection measures against the Client, who is in default, the costs associated with such collection shall be borne by the Client, which costs are set at at least 15% of the outstanding invoices. These costs include the costs of any collection agencies, bailiffs, and/or lawyers that may be engaged.
Article 11: Liability
1. The Contractor accepts no liability whatsoever for damage arising from or in connection with services performed by it, unless the Client demonstrates that the damage was caused by intent or gross negligence on the part of the Contractor.
2. 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;
3. Notwithstanding the provisions of paragraph 2 of this article, in the case of an assignment with a duration exceeding six months, liability shall be further limited to the invoice amount due over the last six months.
4. If damage to persons or property is caused by or in connection with the performance of services by the Contractor or otherwise, for which the Contractor is liable, such liability shall be limited to the amount of the payout under the general liability insurance taken out by the Contractor, including the deductible borne by the Contractor in connection with said insurance.
5. Any liability of the Contractor for business losses or other indirect or consequential damages, of whatever nature, is expressly excluded.
Article 12: Cancellation conditions
1. Cancellation by the Client must be made by email.
2. In the event of cancellation by the Client of training courses and related activities within 2 working days prior to the commencement of the relevant activities, the Client shall pay 100% of the costs of the cancelled hours or of the agreed principal sum; in the event of cancellation more than 5 working days prior, the Client shall owe 50% of the costs of the cancelled hours or of the agreed principal sum.
3. In the event of cancellation by the Client of Coaching and other guidance programs within 24 hours prior to the start of the relevant activity, the Client shall owe 100% of the costs of the cancelled hours or of the agreed principal sum; between 24 and 48 hours prior to the start of the activities, 50% of these costs; and in the event of cancellation more than 48 hours prior to the start of these activities, a maximum of 25%.
4. The Client owes 100% of the total agreed principal sum if, even without cancelling, he does not make use of the agreed services of the Contractor.
Article 13: Termination of the Agreement
1. The Contractor is entitled to terminate the Agreement with immediate effect, without judicial intervention, by means of a registered written notice thereof to the Client, if the Client fails to pay the invoice sent by the Contractor within 14 days after a written reminder.
2. The Contractor is entitled to terminate the Agreement, with immediate effect and without judicial intervention, by means of a registered written notice thereof to the Client, if any obligation arising from this Agreement is not fulfilled or not properly fulfilled within 14 days after a written reminder.
3. Both the Client and the Contractor may terminate the Agreement with immediate effect by means of a registered letter if the other party enters into a suspension of payments or is declared bankrupt.
Article 14: Dispute Resolution
1. Dutch law applies to all Agreements and legal acts between the Client and the Contractor.
2. If the Contractor and the Client or Coachee have a dispute arising from this agreement, they are obliged to first attempt to resolve this dispute through consultation, and if this fails, to make use of mediation .
3. If consultation and/or mediation do not lead to a resolution of the dispute, the competent judicial authority where the Contractor is established shall have exclusive jurisdiction to hear the dispute.
Adopted in Rotterdam on 25th September 2026