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General Terms & Conditions

These are the terms and conditions of Mindful Calligraphy. Mindful Calligraphy is registered with the Chamber of Commerce (Kamer van Koophandel ) under number: 93115717.

If you have any questions, you can contact us at info.mindfulcalligraphy@gmail.com.

Mindful Calligraphy reserves the right to change these terms and conditions. You agree that the most recent version of these terms and conditions apply. Parties may deviate from these Terms and Conditions in writing.

Article 1 –  Services

Mindful Calligraphy offers the following services: meditative writing workshops and calligraphy courses.

 

Article 2 –  Applicability of these conditions
1. These conditions apply to every offer, proposal, agreement and assignment between
Mindful Calligraphy and you (the client) to which the parties have declared these conditions applicable, insofar as the parties have not deviated from these conditions expressly and in writing.

 

Article 3 – Assignments and cancellation
1. The assignment shall be deemed established when Client consents to the service.

2A. If an assignment, or part thereof, is withdrawn within 24 hours before the start of its execution, the client will be charged 100% of the time and costs reserved for the execution.
2B. If an assignment, or part thereof, is withdrawn within two days (48 hours) before the start of its execution, the client will be charged 50% of the time and costs reserved for the execution.
2C. If an assignment, or part thereof, is withdrawn within one week before the start of its execution, the preparatory work that was necessary for the execution of the assignment will be charged to the client.

3.Cancellation of an one-on-one session is free of charge with at least 24 hours notice by the Client. If Client cancels or reschedules a sessions within less than 24 hours, or does not show up, Mindful Calligraphy  maintains the right to charge a no-show fee, which is €50 for an one-on-one session.

Article 4 – Offers and Pricing
1. The offers or proposals made by
Mindful Calligraphy are non-binding, without obligation; they are valid for 30 days, unless stated otherwise. Mindful Calligraphy is only bound by the offers if their acceptance is confirmed in writing by the client within 30 days.
2. The client has a reflection period of 14 days. This means that the client can withdraw a signed confirmation within 14 days, without additional costs.

3. Mindful Calligraphy can raise the price in the interim in the case of unforeseen and cost price increasing circumstances, if these circumstances occur after the establishment of the assignment.

4. In case Mindful Calligraphy has raised prices due to the circumstances referred to in the previous section, the Client has the right to annul the assignment.

 

Article 5 – Intellectual property
1.
Mindful Calligraphy reserves the rights and powers it is entitled to under the Copyright Act. All the documents, pictures, drawings, creations and related information, made by Mindful Calligraphy, remain property of Mindful Calligraphy.
2. All documents provided by
Mindful Calligraphy, such as tools, exercises, sketches, drawings etc., are exclusively intended to be used by the client and may not be reproduced by him without the prior consent of Mindful Calligraphy.

3. Client cannot show the properties to third parties or put the properties at disposal in a different manner than originally intended by BMindful Calligraphy.
4.  Mindful Calligraphy also reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.

 

Article 6 – Termination
1. Both parties can terminate the agreement in writing at any time. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 1 month.

2. Mindful Calligraphy may immediately cancel the assignment (and is not liable for any damages doing so) in one of the following events:

  • Client fails to pay within the payment term;

  • Client is declared bankrupt or applied for suspension of payments, or applied or becomes subject to any other insolvency procedure;

  • Client (the company) is dissolved or liquidated;z

  • The occurrence of circumstances in which Client can no longer freely dispose of his capital.

Article 7 – Complaints and complaint periods
1. Complaints about the work performed must be notified to
Mindful Calligraphy in writing by the client within one month after detection.
2. A timely notified complaint does not suspend or cancel any payment obligation resting on Client. 
If Client does not notify Mindful Calligraphy timely, Client is not entitled to any recovery, replacement or compensation.

3. If it is established that the complaint is justified and the notification by Client thereof was timely delivered, Mindful Calligraphy shall recover, replace or compensate it’s work within a reasonable term after notification of the shortcoming, in writing from the Client.

4. If it is established that a complaint is not justified, Client shall compensate Mindful Calligraphy for made expenses (like administration, research costs).

 

Article 8 – Payments
1. Payment must be made within 14 days of the invoice date, unless otherwise agreed.
2. After the expiry of 14 days after the invoice date, the client is in default; from the moment of default, the client owes interest of 1% per month on the amount due.
3. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of the
Mindful Calligraphy and the obligations of the client towards the contractor will be immediately due and payable.
4. Payments made by the client always serve to settle in the first place all interest and costs owed, in the second place of due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
5. In the case of reimbursement of amounts credited by
Mindful Calligraphy, a payment term of a maximum of 30 days will be applied.

 

Article 9 – Collection costs
1. If the client is in default or fails to fulfill one or more of its obligations, all reasonable costs incurred in obtaining settlement out of court will be for the account of the client. In any case, the client owes:

  • on the first Euro 3,000 – 15%

  • on the excess up to Euro 6,000 – 10%

  • on the excess up to Euro 15,000 – 8%

  • on the excess up to Euro 60,000 – 5%

  • on the excess 3%

2. If Mindful Calligraphy demonstrates that it has incurred higher costs, which were reasonably necessary, these will also qualify for reimbursement.

 

Article 10 – Liability
If
Mindful Calligraphy is liable, that liability is limited as follows:
1.
Mindful Calligraphy’s liability is limited to the invoice value of the order, or at least that part of the order to which the liability relates.
2. Contrary to the provisions of paragraph 1 of this article above, in the case of an assignment with a duration longer than six months, the liability is further limited to the invoice amount due over the last six months.
3.
Mindful Calligraphy is in any case never liable for consequential damage, physical, mental and psychological damage, and damage due to business interruption.

4. Mindful Calligraphy is not liable for any damages resulting from Buoyant Consulting due to incorrect or incomplete information provided by Client. Mindful Calligraphy excludes any liability for indirect damage suffered by the use of services and / or products provided by Mindful Calligraphy.

5. Every agreement between Mindful Calligraphy and Client can be characterized as a best efforts agreement. Mindful Calligraphy can therefore never be held liable for results not achieved.

6. The limitations of liability included in these terms and conditions do not apply if the damage is due to a deliberate act or gross negligence on the part of Mindful Calligraphy.

 

Article 11 – Limitation Period

The limitation period on all claims and defences against Mindful Calligraphy is one year.

Article 12 – Indemnification

1. Client indemnifies Mindful Calligraphy from any claims by third parties, who suffer damages, resulting from the execution of the assignment but cannot be attributed to Mindful Calligraphy.

2. If third parties address Mindful Calligraphy to be liable for damages resulting from the execution of the assignment, Client shall support Mindful Calligraphy both judicial and extrajudicial and Client shall do what may be expected from him.

3. If Client does not provide the support described in paragraph 2, Mindful Calligraphy may take the actions it deems required. All expenses and damages made by Mindful Calligraphy in this respect shall be borne by Client.

 

Article 13 – Force majeure
1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which
Mindful Calligraphy cannot exert influence, but as a result of which Mindful Calligraphy is unable to fulfill its obligations.

2. Mindful Calligraphy also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Mindful Calligraphy should have fulfilled its obligation.
3. During force majeure,
Mindful Calligraphy’s obligations are suspended. If the period in which fulfillment of the obligations is not possible due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement without there being an obligation to pay compensation in that case.
4. If
Mindful Calligraphy has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already executed or executable part and the client is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already performed or executable part has no independent value.

 

Article 14 – Applicable law
1. Dutch law applies to every agreement between the contractor and the client.
2. The nullification or voidability of any provision of this agreement does not affect the validity of the other.

Article 15 – Changes to the conditions
The version that applied at the time of the realization of this assignment is always applicable.

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