DIAMIND Training (registered in Amsterdam, the Netherlands) is an independently operated training company founded by Monika Kalina for the purposes of training, coaching and counselling in the area of leadership, personal and professional development.

 

Applicability

  1. These general terms and conditions apply to all offers made, all brand names carried and all agreements concluded by DIAMIND Training hereinafter referred to as DT, within the framework of its operations, unless otherwise agreed upon in writing. By booking/registering to a training and/or starting a coaching program the client irrevocably agrees to have understood and accepted these general terms and conditions.
  2. For the purpose of these general terms and conditions, the term "client" shall be understood to mean any natural person or legal entity with whom we have a contractual relationship by virtue of a registration agreement entered into with DT or who wishes to enter into another type of agreement with DT. In particular, the term "client" shall be understood to mean the party by whose order and at whose expense services are provided.
  3. Variations of the provisions set out in these general terms and conditions shall only and exclusively be valid if and insofar as expressly laid down in writing.
  4. If the client too refers to (his) general terms and conditions, those terms and conditions shall not apply. This shall be deviated from only if and insofar as the applicability of the terms and conditions of the client are not in conflict with our general terms and conditions, in which case the provisions in the DT terms and conditions shall apply. Any other stipulation in the terms and conditions of the client shall not affect the above.

Prices and Payment

  1. The prices of DT are exclusive of value added tax, unless explicitly otherwise agreed upon in writing, and exclusive of costs for transport and other costs.
  2. The client must pay the registration costs in full at the time of the registration - unless otherwise agreed in the Registration Agreement - in order to qualify for ‘paid in full’ pricing.  ‘Early Bird’ prices must be paid till the specified date in the description of the event in order to qualify as ‘paid in full’. For later payments the full price is applicable and payable before the scheduled training date unless otherwise agreed in writing.
  3. Payments are made by bank transfer without set-off, discount or compensation, into a bank or giro account to be stipulated by DT.
  4. Upon failure of payment according to the above, DT reserves the right to cancel the registration within 7 days of the registration. By cancellation the pre-payment, if applicable, will be used for covering administration costs and a refund will not be available.

 

Hiring third parties

  1. We are at all times entitled to hire third parties for the execution of an agreement concluded with the client, without requiring the consent of the client.

 

Cancellation / Rescheduling

  1. Should the client elect to cancel or reschedule his/her registration shortly before date of the program, DT will not be able to avoid the costs involved relating to the attendance of the participant. For this reason a fee of cancellation or rescheduling of the registration will be charged as indicated below. All requests to cancel or reschedule a registration must be received by DT in writing or by email.
  2. The client may cancel the registration to a program no later than 7 days before the start of that program and will be entitled to a refund of  50% the registration costs he or she has paid.
  3. In the event of late cancellation (within 7 days before the start) the client shall pay the full price and no refund will be available.
  4. Should DT decide to change the training dates or cancel the training session, the client will be reimbursed their full payment.

 

Failure to attend a Program

If the client fails to attend a program in which she or he is enrolled then (s)he will forfeit the full cost of that registration and no refund or rescheduling will be available.

 

Training dates/ number of training days

  1. The training dates and the number of training days are specified in the description of the event or a Registration Agreement, if applicable. In case of a tailor-made program they shall be determined in consultation with the client.
  2. DT reserves the right to change the dates and times of the training and coaching sessions in case circumstances so require including but not limited to change in logistical arrangements, the number of participants or force majeure.

Liabilities /Indemnification

  1. Advice given by DT is without any obligation.
  2. In the event that the activities undertaken by DT, including the advice given, do not lead to the client's anticipated result, this shall be at the risk of the client and DT shall not be liable under any circumstances for this.
  3. In the event of an imputable failure or unlawful act, DT shall only be liable for the direct losses (without prejudice to the other provisions in this article). DT shall never be obliged to pay compensation for consequential losses, such as resulting losses, loss of profit, loss of savings and/or opportunities, losses due to business interruptions and suchlike.
  4. In the unlikely event of an incident occurring during the delivery of services, which incident leads to liability of DT this liability shall be limited to the amount(s) which the professional liability insurance taken out by DT gives claim to. An incident as referred to in the previous sentence shall also be understood to mean an omission.
  5. Neither is DT liable for losses that are the result of the defectiveness of the equipment, software, data carriers, registers or other means(without limitation), used by DT in the delivery of its services, nor for losses that are the result of third parties intercepting audio and/of data transmissions by telephone, fax or e-mail and the potential tampering therewith.
  6. The client indemnifies DT, both in and out of court, against all third-party claims somehow relating to the activities undertaken by DT with respect to the service provided.

Termination of Agreement

  1.  DT can terminate the agreement concluded with the client with immediate effect if:
  • After conclusion of the agreement, DT learns of facts and/or circumstances which give DT good reason for doubting that the client   shall fulfil his obligations arising from the agreement;
  • The client runs his business in violation of (statutory) arrangements or government regulations; or
  • The client fails to fulfil his obligations arising from the agreement concluded with DT, even after having been declared in default in that respect.

If any of the cases referred to in paragraph I of this article arise, any claims that DT may have against the client are immediately due and payable.

  1. The client cannot, save anything to the contrary agreed in writing and notwithstanding as herein provided, terminate, dissolve or nullify the agreement with DT.

Disclaimer

The products and services offered by DT are not substitutes for the advice and treatment of a licensed healthcare professional. Not all the products and services are suited for everyone. The creators of any products and services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. DT makes no representation or warranties and expressly disclaims any and all liability concerning any treatment or any action following the information offered or provided during the trainings and coaching sessions. If the client has specific concerns or a situation that requires professional or medical advice, the client should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. The client is not to disregard the medical advice of a psychologist, physician or other health professional, and should not delay in seeking such advice, because of the information offered or provided during training or coaching sessions by DT.

 

Applicable law

Offers provided by DT and all agreements entered into by DT are exclusively governed by the laws of the Netherlands.

All disputes, of whatever nature, relating to and/or arising from agreements entered into by DT and services provided by DT shall be heard by the competent court in the Netherlands.