General Terms and Conditions
4c Unity specializes in training and coaching to improve the cooperation with people from other cultural backgrounds and Americans in particular. The emphasis is on communicating more effectively and becoming more convincing in international teams.
4c Unity also specializes in independent thinking and deep listening. 4c Unity is a sole proprietorship located in (5298 AP) Liempde.
In these general terms and conditions, 4c Unity stipulates the conditions under which it provides its services and products. Please read them carefully.
1 – Contact details
Should you, after reading these terms & conditions, have any questions or comments, you can contact 4c Unity in any of the following ways:
In writing: Hofstad 6, 5298 AP, Liempde, The Netherlands
Here are some important numbers:
Chamber of Commerce: 17232737
Dutch VAT number: NL001744851B35
2 – Reading guide
2.1. In these general terms and conditions, the following terms, whether in the single or plural, will have the following meaning:
- Agreement: the agreement for the execution of the assignment;
- Attendee(s): the person(s) that will attend the online training, challenge or coaching;
- Consumer: every natural person not acting in the exercise of a profession or business;
- Dutch Civil Code: the Dutch Civil Code, “Burgerlijk Wetboek”, “BW”;
- In writing: communication via (registered) post, email or text message;
- I, me, mine: 4c Unity, based at Hofstad 6, 5298 AP in Liempde and registered at the Chamber of Commerce under Trade Register number: 17232737;
- You, yours: the natural person or legal entity (i.e. the client), that enters into an agreement with 4c Unity or wishes to enter into an agreement with 4c Unity;
- We, us, our: you and 4c Unity (i.e. the parties).
3 – Applicability
3.1. My general terms and conditions apply to every offer made by me and / or every agreement between us and to all (other) activities that I perform for you. 3.2. Your general terms and conditions are hereby expressly rejected by me and will not apply to the agreement.
3.3. It may happen that we want to make a deviation and / or additional agreement. These changes should always be laid down in writing, so that we both know where we stand.
3.4. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the (online) offer.
4 – Quotations & offers
4.1. Unless explicitly stated otherwise in writing, offers are without obligation.
4.2. All prices mentioned are exclusive of VAT and in euros, unless you are a consumer, in which case the prices are inclusive of VAT.
4.3. 4c Unity cannot be held to its offer if you should have understood that the offer, or any part thereof, contained an obvious mistake or error.
4.4. Individual offers are based on the information you have provided. You shall ensure that all necessary information for the performance of the agreement shall be provided to me. You guarantee the accuracy and completeness of the information provided.
4.5. Unfortunately, I cannot guarantee the availability of digitals products and services offered on my website. I have the right to withdraw digital products / services at any time.
4.6. Do you decide, after seeing the offer, that only part of the offer is of interest to you? Please let me know as soon as possible. Bear in mind, however, that I’m never obliged to accept a partial acceptance of the offer.
4.7. Only the description of the services / digital products as specified in the offer or on my website is binding for me. This means, among other things, that after you have accepted my offer, you cannot change the assignment without my permission. If you wish to change the assignment we can have a look at the possibilities, but please note that this could affect the price / deadline(s). I’m never obliged to accept a change request. As an exception to article 6:225 (2) of the Dutch Civil Code, I’m not bound by any changes to the agreement made by you at the time of acceptance, even if such changes only differ on minor points to the agreement as offered by me.
4.8. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
4.9. Offers do not automatically apply to future orders.
5 – Conclusion of agreement
5.1. The online training (article 10) can be ordered online via the online store (https://4cunity.com/). To complete the order, you must accept the respective conditions and confirm the purchase.
5.2. In other respects, i.e. outside the online ordering option via https://4cunity.com/, the agreement between you and me is concluded by (i) signing a coaching-contract provided by me, or (ii) after I’ve confirmed your booking-request via email, or (iii) if I may reasonably consider your behavior as (impression of) (argued) consent.
6 – Advance payment
6.1. I may request an advance payment. If we agree on an advance payment, the payment must be received prior to the start of any activities. I’m entitled to suspend performance of my obligations until the payment has been received.
7 – General
7.1. A condition for entering into an agreement with 4c Unity, is that you are at least 18 years of age and have full legal capacity. I reserve the right to refuse any booking/registration, without the need to give any reason.
7.2. Please note that, in order to fully enjoy my services / digital products, the attendee must have a solid understanding of the English language.
7.3. The services that I provide are online services. Please note that the attendee is responsible for ensuring that the technical requirements for access to and use of the respective services booked, are met. So, for example, the attendee is responsible for a stable internet connection. I cannot guarantee that the online services I offer can actually be used with the computer of the attendee.
7.4. I provide the services on the basis of a best-effort obligation. I can’t guarantee that my services / digital products will be accessible at all times and without any interruptions/disruptions.
7.5. I am entitled to (temporarily) deactivate (parts of) my services / digital products at all times and without prior notice when I believe this is necessary, and without incurring any liability to you.
7.6. It is not possible to substitute an attendee (for example in case of illness / absence of the attendee).
7.7. It is not permitted to reveal the identity of another attendee without his consent. Information shared during the training/coaching sessions will be kept confidential.
7.8. If I am sick or absent, I will try to come up with a proposal for alternative dates on which the training/coaching sessions will be given.
7.9. If you’re not a consumer (i.e. a professional customer), you’re not entitled to cancel our agreement prematurely, unless other arrangements are made in these terms and conditions or the agreement. No refund or credit will be granted.
7.10. I reserve the right, in limited instances, to amend the content of the training, coaching sessions or challenge, if I am of the opinion that such amendment does not fundamentally change the content of such training, coaching sessions or challenge.
7.11. You are responsible to inform me on time of any special requirements needed. I will endeavour to accommodate such needs if it’s considered possible and reasonable.
7.12. All intellectual property rights relating to software, data, documentation, training materials, workbooks, and any other materials provided, are owned exclusively by me and / or my licensors. I hereby grant you and / or the attendee a limited, personal, non-exclusive, non-sub-licensable and non-transferable right to use the (content of the) online training, coaching classes and challenge for personal study purposes. You and / or the attendee are not allowed to reproduce or copy such software, data, documentation, training materials, workbooks, and any other materials, without my written permission. You authorize me to use (your company’s) (trade) name(s), trademark(s), logo(s) in the context of my promotional activities.
7.13. When the attendee creates an account for the online training or challenge, he must make sure that the information he provides is accurate, complete and up-to-date. The attendee is responsible for safeguarding the password that he uses and for any activities or actions under his account. Please notify me immediately upon becoming aware of any breach of security or unauthorized use of the account.
7.14. Personal data will not be processed other than for the performance of the agreement and / or for the purposes stated in the privacy and cookie statement.
7.15. You and / or the attendee will transmit relevant changes to your data, such as a change of billing information, as soon as possible to me.
7.16. I am entitled to exclude any attendee from the online training (including the LinkedIn community), coaching sessions or challenge, due to the attendee’s disorderly conduct. In such case, the relevant fee shall remain chargeable.
8 – Third parties
8.1. Unless otherwise required by mandatory consumer law, I have the right to engage third parties for the execution of the assignment (without your permission) and I am not responsible for the actions or omissions of these third parties. Articles 7:404 and 7:407(2) of the Dutch Civil Code will expressly not apply to the assignment. Article 6:76 of the Dutch Civil Code is also expressly excluded.
9 – 30-Day Challenge
9.1. The 30-Day Challenge is accessible via the (American) tool of InJoy Global, Inc and InJoy Global, Inc’s Culti-vate platform https://www.injoyglobal.com/home, which is a personal and professional growth platform. When you subscribe and pay through the store, you get access to the software. While subscribing, you can create your own account with your own password. Forwarding your password and login is prohibited. You will receive a confirmation email with your receipt. You can install the challenge on your computer and mobile phone. You will get access to the dashboard with the challenge content on the starting day. Please note that the challenge cannot be rescheduled or postponed. After purchase, you’re not entitled to cancel our agreement (prematurely). No refund or credit will be granted.
10 – Online training
10.1. The online training “Inspire & Convince Americans”, will teach you how to get a ‘yes’ from Americans. The online training consists of 2 different modules, with various extras, an online LinkedIn community and supervision. Payment is made immediately through the store. You will then receive an order confirmation via email, that includes a username, password and link that gives you (and / or the attendee) immediate access to the online training.
10.2. The attendee gets access to the training as long as it is online. The training will remain online for at least 12 months. After that, I can decide at any moment to take the training offline. The attendee will be allowed access to the online LinkedIn community for 6 months. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your member login account.
10.3. The online training is personal. This means that you may not share the content of the training with others by – for example – providing them with your login codes / link. Under ‘others’ are also understood employees and colleagues. If I suspect that you share or have shared the (contents of the) online training with third parties, I may decide to block your (further) access.
10.4. I may change the (contents of the) online training at any time and / or add to it. A change or addition does not give you the right to a refund or compensation. I can also choose to put the online training – temporarily – out of use if this is reasonably necessary, for example, to carry out maintenance.
10.5. After purchase, you’re not entitled to cancel our agreement (prematurely). No refund or credit will be granted.
10.6. Information provided by another participant during a supervision session should be treated as confidential. Each supervision session will have a maximum number of participants allowed. This is to ensure the quality of the session.
11 – Coaching
11.1. We may conclude a separate agreement (i.e. a coaching-agreement) wherein we will lay down any additional arrangements for the coaching.
11.2. If you are late for your appointment, it means that your coaching session will be shortened.
11.3. If you have a valid reason to reschedule a coaching session, please let me know as soon as possible, but always with at least 24 hours’ notice, by sending an email to email@example.com. If you miss a coaching session without at least 24 hours’ notice, the session will be cancelled and cannot be rescheduled.
11.4. Coaching sessions are custom-made and it is not possible to foresee in advance how many sessions will be needed.
12 – Lapse of the right of withdrawal (consumer)
12.1. This article is only applicable to you if you’re a consumer. Professional customers don’t have a right of withdrawal.
12.2. In the case of a contract for the provision of services, the right of withdrawal lapses if I have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if I had completely fulfilled the contract.
12.3. In the case of a contract for the delivery of digital content that is not stored on a physical data carrier, the right of withdrawal also lapses if I have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once I had begun to perform the contract.
13 – Prices, payment
13.1. The price of my services and digital products shall be the one quoted on my website/offer, except when there is a manifest error. I am under no obligation to deliver my digital products / services at the incorrect price, if the error could have reasonably been recognized by you as such. The rates are denominated in euros (EUR) and exclusive of VAT, unless you are a consumer. Prices for consumers will always be inclusive of VAT.
13.2. Payment is due when the service or product is ordered, unless we agree otherwise. You agree to electronic invoicing, if we have agreed that I will invoice you for the provided services.
13.3. I offer the following payment methods:
- Online Training (via the shop): for the online training that can be booked via the shop (https://4cunity.com/), payment can be made by Ideal or credit card. The payment processing is handled via my Payment Service Provider, Mollie. This means that you share your necessary (personal) data, such as payment details, with Mollie. You understand and accept this.
- 30-Day Challenge: the payment processing is handled via the Payment Service Provider Stripe. This means that you share your necessary (personal) data, such as payment details, with Stripe. You understand and accept this.
- Coaching: payment for an sessions can be made by a bank transfer. Payment in cash is not possible.
13.4. If no payment period has been specified on the website or otherwise agreed upon in writing, payment shall be made within 14 days of the invoice date.
13.5. If you fail to fulfil your payment obligations in a timely manner (resulting, for example, from reversal) I shall first inform you of the late payment and grant you an additional term of 14 days within which to fulfil your payment obligations. If you fail to fulfil your payment obligations within this additional term, I am entitled to charge the statutory interest on the amount still owed and extrajudicial collection costs incurred. These collection costs will amount to a maximum of: 15% of outstanding amounts up to € 2.500,= 10% of the subsequent € 2.500,= and 5% of the following € 5.000, with a minimum of € 40, -. I can diverge from the stated amounts and percentages if this is in your benefit.
13.6. My prices can change at any time. However, such changes will not affect any order you have made for which you have already received an order confirmation.
13.7. If the customer consists of several natural persons/legal entities, each of these natural persons and / or legal entities shall be jointly and severally liable towards me for the performance of the contract.
14 – If you have a complaint
14.1. If you’re not happy with my digital products and / or services, you can submit a complaint. Please note that a complaint must be submitted within a reasonable time after discovering the defect. If you do not submit a complaint within the period of time stated, your right to complain expires.
14.2. You will receive a response to your complaint within 14 days (counting from the date of receipt of the complaint).
14.3. If I consider the complaint to be well-founded, I will come up with a reasonable solution as soon as possible.
14.4. The EU Commission provides a platform for extrajudicial dispute arbitration. This platform gives you as a consumer the opportunity to settle your dispute associated with your online order out of court. You – as a consumer – may present a dispute to the dispute committees via the ODR platform. Click here to submit your complaint.
14.5. Unless you are a consumer, complains of any nature whatsoever will not suspend your payment obligations.
15 – Limitation of liability
15.1. Did I not comply with our agreement? Then you should be aware of the fact that my liability is limited.
15.2. I will only be liable for direct damages, and explicitly not for indirect damages. Direct damages are, for example, the reasonable costs you have to incur to establish the extent of the damage you have suffered. Indirect damages include, but is not limited to, reputational damage, loss of profit, damage due to business stagnation and missed savings.
15.3. My liability is at all times limited to the purchase price, with a maximum of EUR 1.000, -.
15.4. Insofar the damage was caused because I intentionally caused it or because I was grossly negligent, I will be liable for the damage.
15.5. Any claim against me expires within 12 months after the agreement has come to an end.
15.6. I have no obligation to retain any used and / or supplied materials and data after the termination of the agreement. Make sure you do not delete or erase any materials and data provided by me.
15.7. The online training, coaching and challenge do not in any way constitute advice and should not be relied upon for the purpose of providing advice. They are not intended to be a definitive or comprehensive analysis of the subject.
16 – Competent court, applicable law
16.1. Should any dispute arise, we will do our best to find a solution. If the dispute cannot be resolved, either party may propose to the other in writing to submit the matter to mediation. Any dispute that cannot be settled amicably or through mediation, shall be submitted exclusively to the competent court of Oost-Brabant. The consumer will have the right to choose to have the dispute settled by the competent court according to the law, within one month after I have invoked the jurisdiction of the competent court of Oost-Brabant in writing.
16.2. Our relationship is governed exclusively by Dutch law, under exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
17 – Other provisions
17.1. If a provision of these terms and conditions is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the terms and conditions. The other provisions will remain in full force.
17.2. I reserve the right to amend and / or supplement these general terms and conditions, at any time. Of course, I will inform you in advance of any changes. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.