CogTech® vereenvoudigde T & C’s
Laten we dit gemakkelijk voor u maken. Dit zijn onze T & C’s:
- Alle inhoud is beschermd door de wet en is eigendom van PSM Peter Stinckens, geregistreerd in België onder het nummer BE-0639527829. Niets op deze site – naast links naar externe sites – kan worden gebruikt of gereproduceerd zonder voorafgaande toestemming van de eigenaar. Cogtech® is een geregistreerd handelsmerk, eigendom van PSM Peter Stinckens
- Gedownloade of gekochte producten of trainingen zijn alleen bedoeld voor de persoon of organisatie die het heeft aangeschaft. Het kan niet worden gebruikt om je eigen training te bouwen, je kunt het niet als je eigen werk claimen of het doorverkopen.
- Betalingen moeten worden gedaan: voorafgaand aan de levering voor aankopen op de website. Als u een overeenkomst of contract hebt met een andere betalingstermijn, worden de voorwaarden in het contract vervangen door deze formule.
- Voor alle samenwerking tussen PSM en andere organisaties zullen specifieke T & C’s worden besproken en een contract worden gesloten. Ze hebben altijd voorrang op deze T & C’s
- Recht op terugkeer. Voor alle aankopen geldt een recht van teruggave van 30 dagen, als u niet tevreden bent met uw aankoop. U kunt de gekochte artikelen (ongeopend en onbeschadigd) op uw kosten retourneren via een post of een andere service. We betalen uw aankoop binnen 10 werkdagen terug. Voor downloadbare producten of trainingen verliest u uw recht op teruggave (het is gemakkelijk om dat soort dingen te dupliceren en vervolgens terug te sturen)
- Als je ergens ongelukkig over bent, als je het niet met ons eens bent of denkt dat we je op de een of andere manier onrecht hebben gedaan, spijt het ons. Neem contact met ons op, zodat we kunnen zien wat we hebben gedaan om u zo te laten voelen dat we het kunnen oplossen. Praten is altijd de beste manier om jezelf te helpen
- Nogmaals, we zullen proberen het heel eenvoudig te maken:
- Wij delen uw informatie niet met niemand, nooit, in geen geval denkbaar. De enige uitzondering op deze regel is als we hiertoe wettelijk verplicht zijn.
- Wij gebruiken alleen de informatie die u ons verstrekt, voor de werking van onze website en de afhandeling van uw vragen of andere doeleinden waarvoor u uw informatie hebt verstrekt. Wij gebruiken het nooit voor commerciële doeleinden van promotionele acties (tenzij dat natuurlijk het beoogde doel was toen u die informatie verstrekte)
- We slaan geen contactgegevens op in een database, we slaan alleen accountinformatie op (als u een account aanmaakt) en mailinglijsten. In beide gevallen kunt u die informatie op elk moment zelf wijzigen of verwijderen. Als u hier problemen mee heeft, neem dan gerust contact met ons op en wij doen het voor u.
Dat is het, door deze site te bezoeken en te gebruiken, gaat u hier expliciet mee akkoord. Voor alle andere samenwerking met PSM Peter Stinckens, kunt u hieronder de uitgebreide algemene voorwaarden lezen. (in het Engels)
PSM Peter Stinckens.
PSM Coaching® Cogtech®
TERMS & CONDITIONS
PSM Peter Stinckens, BE 0639.527.829 whose registered office is at Strijdersstraat 42, B-3370 Boutersem Belgium (“PSM”),
PSM Peter Stinckens is a private company, specialized in human behavior. We consult, train and help people and organizations to achieve more success, structural results and develop systems to sustain their growth
PSM is willing to provide to Client certain services of the type as described in the order the client places or is specified in a separate contract or quote. These terms and conditions shall be the sole reference for the cooperation and will be valid in full, unless otherwise agreed in a written agreement, contract or statement of work. The terms and conditions that are covered in that agreement will overrule these terms and conditions.
If any part of these terms and conditions proves to be unlawful, that part will be discarded, leaving all other conditions intact.
For practical purposes, these terms and condition will govern every cooperation with PSM, where no other agreement is in place or on topics that are not covered in such an agreement, statement of work or contract. Also for practical reasongs, they are put in English, our main working language. A translation in Dutch or French can be obtained on request, however, the English version will be the governing text.
SCOPE OF TERMS 1 CONDITIONS
These terms and conditions shall apply generally to the provision of Services provided by PSM to Client, which are set out in further detail in the order, a Statement of Work provided or summarized in a contract or signed quote The parties acknowledge that certain types of specialized services that may be considered from time to time may require that the terms and conditions need to be modified or supplemented via the applicable Statement of Work or contract which would need to be agreed in writing by the parties and will be subject to separate negotiations.
The terms and conditions of this Agreement shall apply to any and all Statements of Work, contract, order or other cooperation executed by the Parties that reference an Agreement.
GOVERNING LAW; JURISDICTION AND VENUE
Every assignment PSM takes on, shall be governed by and construed in accordance with the laws of Belgium. Each party to any Agreement, order or other contract or statement of work irrevocably agrees to submit to the exclusive jurisdiction of the courts of Leuven over any claim or matter arising under or in connection with this Cooperation or the legal relationships established by this Agreement.
For the purposes of any cooperation:
“Advice” shall mean all advice, opinions, reports and other work product in any form (including Deliverables) provided by or on behalf of PSM and/or its subcontractors as part of the Services.
“Affiliate” means, in relation to the Client, any company, partnership or other legal entity (other than a natural person) which from time to time directly or indirectly Controls, is Controlled by or is under the common Control with, the Client, where “Control” means the legal power to direct, or cause the direction, of the general management of the company, partnership or other legal entity.
“Client” shall mean the entity signing the Engagement Letter, contract, order… and “Client Group” shall mean the Client and its Affiliates. The Client represents and warrants
- that it has the power and authority to execute this Contract, order or any other agreement;
- that a recipient will abide by these terms and conditions
- that it will be responsible for the breaches of/faults by the other member of the Client Group under any Contract or agreement.
“Deliverables” means any and all tangible work outputs of the Services to be delivered by PSM as part of the Services provided, including written returns, reports, documents and other materials.
OWNERSHIP OF DELIVERABLES AN IP
(To the extent that any property (whether tangible or intangible) of a PSM Entity is used or developed in connection with any form of cooperation, such property, including work papers, shall remain the property of the relevant PSM Entity. Subject to payment of all of PSM’s fees due in connection with the Services and the Contract or agreement, the Client shall only obtain a non-exclusive and non-transferable license to use the Deliverable for the purpose set out in the Contract, statement of work, agreement or order or the applicable Deliverables and in compliance with the other provisions of the Contract, order, statement of work or agreement.
PSM shall have ownership (including, without limitation, copyright and other intellectual property ownership) of the Deliverables and all rights to use and disclose its ideas, concepts, know-how, methods, techniques, processes and skills, and adaptations thereof in conducting its business, and the Client shall ensure that the Client Group does not assert or cause to be asserted against any PSM Entity any prohibition or restraint from so doing. Any intellectual property and other proprietary rights in materials and data provided by the Client Group for performing the Services shall remain the property of the Client Group.
The Client shall also be entitled to have access and use of those PSM supplied to it solely for the purposes of receiving the Services and for no other purposes in accordance with and subject to the agreement by the Client of the provisions of the licenses applicable to such.
As between the Client and PSM, PSM will own and retain ownership of all intellectual property rights and other proprietary rights of any kind that are used or developed in connection with the Cooperation.
“PSM methodology” means all works of authorship, materials, information, software, system interfaces, templates, methodologies, ideas, concepts, know-how, techniques, tools, processes, technologies, including web-based technologies and algorithms, and other intellectual property created prior to or independently of the performance of the Services, or created by PSM or its subcontractors as a tool for their use in performing the Services, plus any modifications or enhancements thereto and derivative works based thereon.
The Client acknowledges that PSM, its subcontractors, in connection with performing the Services, may develop or acquire general experience, skills, knowledge, and ideas that are retained in the memory of their personnel. Notwithstanding anything to the contrary in a written and duly signed Contract, the Client agrees that any PSM may use and disclose such experience, skills, knowledge and ideas.
Approval of Deliverables: The Client shall approve each Deliverables that conforms in all material aspects to the requirements set forth for it in the Statement of Work, contract, order or other agreement. Approval of a Deliverables shall be deemed given if the Client has not provided PSM with written notice of such approval or with written notice that a Work Product does not confirm with the foregoing within fifteen (15) days of delivery.
LIMITATION ON DAMAGES
PSM shall not be liable to the Client for any claims, liabilities, losses, damages, costs or expenses arising under or in connection with the any Contract or agreement (“Claims”) for an aggregate amount in excess of one times the fees paid or payable (invoiced and received) under a Contract, order or other agreement by the Client to PSM, for that part of the Services which led to the damage and in case where an engagement of longer than twelve (12) months is involved, then PSM shall not be liable for a total amount in excess of one times the amounts which were paid in the last twelve (12) months, except to the extent it is finally judicially determined to have resulted primarily from the bad faith, intentional misconduct or fraud of PSM or any subcontractor.
In no event shall PSM be liable for any loss of use, contracts, data, goodwill, revenues or profits (whether or not deemed to constitute direct Claims) or any consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense arising under or in connection with the Cooperation.
In circumstances where all or any portion of the provisions of this Section are finally judicially determined to be unenforceable, the aggregate liability of PSM for any Claim shall not exceed an amount which is proportional to the relative fault that its conduct bears to all other conduct giving rise to such Claim.
PSM’s responsibility for the Services is solely towards the Client and not towards any other members of the Client Group. If more than one member of the Client Group is a party to the Contract or other agreement, PSM’s responsibility is solely towards the respective members of the Client Group for which the Services were provided.
Limitation on Warranties. PSM enters only into a services agreement. PSM warrants that it shall perform the Services in good faith and with due professional care and skill. To the fullest extent permitted by law, PSM disclaims all other warranties, either express or implied, including warranties of merchantability and fitness for a particular purpose.
Force Majeure. Neither party shall be liable for any delays or nonperformance resulting from circumstances or causes beyond its reasonable control, including, without limitation, acts or omissions or the failure to cooperate by the other party (including, without limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), fire or other casualty, act of God, epidemic, strike or labor dispute, war or other violence, or any law, order, or requirement of any governmental agency or authority.
Limitation on Actions. No action, regardless of form, relating to the Agreement, order, statement of work Contract or the Services, may be brought by either party more than two years after the cause of action has accrued under applicable law, except that an action for non-payment may be brought not later than two years following the due date of the last payment owing to the party bringing such action.
To the extent that, in connection with the Cooperation, either party comes into possession of any confidential or proprietary information of the disclosing party which is either designated by the disclosing party as confidential or is by its nature clearly confidential (“Confidential Information”), the receiving party shall not disclose such Confidential Information to any third party without the disclosing party’s prior written consent. The disclosing party hereby consents to the receiving party disclosing such Confidential Information:
- to contractors providing administrative, infrastructure and other support services to PSM as well as to any PSM Entity (including any subcontractors) and their respective personnel and to any subcontractor, in any case, whether located within or outside of Belgium, provided that such contractors and subcontractors have agreed to be bound by confidentiality obligations similar to those in this Paragraph;
- to legal advisors, auditors, and insurers; and
- as may be required by law, regulation, judicial or administrative process, or to respond to governmental inquiries, or in accordance with applicable professional standards or rules, or in connection with potential or actual mediation, arbitration or litigation. The obligation of confidentiality shall not apply to the extent such Confidential Information:
- is or becomes publicly available (including, without limitation, any information filed with any governmental agency and available to the public) other than as the result of the default of the receiving party;
- becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party which the receiving party reasonably believes is not prohibited from disclosing such Confidential Information to the receiving party by an obligation of confidentiality to the disclosing party; or
- is known by the receiving party prior to receipt from the disclosing party without any obligation of confidentiality; or
- is developed by the receiving party independently of Confidential Information disclosed by the disclosing party.
Client may disclose the Services and the Deliverables on a need to know basis to any Affiliates that are not party to the Statement of Work for information purposes only, provided that the Client ensures that any such recipient keeps such Services and Deliverables confidential in accordance with this Section and such recipient does not bring any claim of any kind against any PSM Entity in relation to the Services or the Deliverables.
The Client shall not disclose to any third party the Services or the Deliverables without the express written consent of PSM,
. The Client shall use the Deliverables solely for the purposes specified in the Contract, order, Agreement, Statement of Work and, without limitation, shall not, without the prior written consent of PSM, use any Deliverables in connection with business decisions of any third party or for advertisement purposes. All Deliverables are intended only for the benefit of the Client or recipients identified in the Statement of Work or Deliverables as being exclusively entitled to rely on the Deliverables . The mere receipt of any Deliverables by any other persons (including other members of the Client Group) is not intended to create any duty of care, professional relationship or any present or future liability of any kind between those persons and PSM. As a consequence, if copies of any Deliverables (or any information derived therefrom) are provided to others under the exclusions referred to in thi Section, or otherwise, it is on the basis that PSM owes no duty of care and has no liability of any kind to them, or any other persons who subsequently receive the same.
Marketing and Use of Name. Neither Deloitte nor Client are given authority to use the other’s trademarks, service marks, logos, and/or branding in external publicity material without such other party’s prior written consent. However, PSM may refer to the names of the Client and the performance of the Services in: (a) marketing and publicity materials as an indication of its experience; and (b) internal data systems. And (c) in research papers, books, white papers etc….
No party may assign or otherwise transfer any of its rights or obligations under the Contract without the prior express written consent of the other, except that PSM may assign or transfer any of its rights or obligations under the Contract to any other PSM Member Firm and to any successor to its business.
Neither party will directly or indirectly agree to assign or transfer to a third party any claim against the other party arising out of the Cooperation.
The Client shall indemnify and hold harmless PSM and any other PSM Entities and their subcontractors and respective personnel from all third party Claims arising from any act or omission of the Client Group, or breach of any of the Client obligations under the Contract except to the extent finally determined to have resulted primarily from bad faith or intentional misconduct of PSM, or any other PSM Entity
The Client guarantees to PSM that it has complied and will remain compliant with all relevant laws in connection with the Services to be rendered by PSM personnel under the Cooperation, including without limitation the Act and the information obligations of the employee’s representatives provided therein
The Client agrees not to directly or indirectly solicit, employ or engage any personnel of PSM who within six (6) months of such action has been involved directly with the provision of the Services or otherwise directly connected with the Cooperation, except where an individual responds directly to a general recruitment campaign.
In the event that the Client does solicit, employ or engage aforementioned personnel, the Client shall undertake to pay to PSM compensation that is equal to six (6) months of the gross salary of the employee in question.
Destruction of Working Papers.PSM may retain copies of documents and files provided by the Client Group in connection with the Services for purposes of compliance with professional standards and internal retention policies. Any documents and files retained by PSM on completion of the Services (including documents legally belonging to the Client Group) may routinely be destroyed in accordance with Deloitte’s policies applying from time to time.
Spreadsheets, Models and Tools. In the course of providing the Services, PSM may make reference to spreadsheets, models or tools (together “Models”) that the Client provides to PSM or requests PSM to rely upon (“Client Models”) or that PSM otherwise uses in connection with the Services (“PSM Models”). All Models have limitations and may not produce valid results for all possible combinations of input data with the result that actual and potential errors are not detected. Unless otherwise expressly agreed in the Contract: (a) PSM will not be responsible for reviewing, testing or detecting any errors in any Client Models; (b) no PSM Model will be provided or treated as a Deliverables; and (c) where PSM provides any PSM Model by way of explanation or illustration of the Services or any Deliverables, PSM makes no representation, warranty or undertaking (express or implied) of any kind about the accuracy, suitability or adequacy of any such PSM Model for the Client’s own needs.
Each party shall comply with their respective obligations under the applicable data protection laws to the extent in connection with this Cooperation and the Services a party stores, processes and transfers any personal data to which data protection laws apply (“GDPR”). The parties acknowledge and agree that they, in their capacity of data processor or data controller, will comply with the obligations imposed by the GDPR legislation on the data processor respectively data controller. Client has an independent obligation to comply with such legislation. PSM shall not be liable to Client for losses attributable to non-compliance with this obligation on the Client’s part, or on the part of third parties engaged by the Client, and Client will indemnify and hold harmless PSM and any other PSM Entity or Subcontractor for any damage and losses caused by third party claims in relation to such non-compliance.
INVOICES AND PAYMENT TERMS
PSM’s invoices are due and payable by the Client upon presentation. In addition to the fees specified in the applicable Statement of Work, order, contract or other agreement, Client shall reimburse PSM for all reasonable expenses incurred by PSM and its subcontractors in performing the Services (including, all reasonable travel, meal, lodging, and mileage expenses) in accordance with PSM’s standard travel and expenses policies as they exist from time to time.
If payment of an invoice is not received within seven (7) days of the invoice date (“Due Date”), PSM reserves the right to charge interest at the rate of 1% per month and an administration fee of 3% of the total invoiced amount. However this administration fee shall be no less than € 50,00 and no more than € 150,00. Without limiting its other rights or remedies, PSM shall have the right to suspend or terminate the Services entirely or in part if payment is not received by the Due Date. The Client shall be responsible for payment of all taxes, such as VAT, sales and use tax, gross receipts tax, withholding tax, and any similar tax, imposed on or in connection with the Services, other than PSM’s income and property taxes.