Terms & Conditions

Jorik Elferink

Zaandammerplein 154C, 1013ZE Amsterdam, The Netherlands

Definitions

Contractor

Refers to Jorik Elferink, based at Zaandammerplein 154C, 1013ZE Amsterdam, The Netherlands.

Client

A recipient of the Contractor's Services.

Estimate

Refers to the quotation as provided by Contractor.

Services

Coaching, facilitation, experience design, web design or any combination thereof, as specified in the Estimate.

Session

A single coaching or facilitation appointment, whether conducted in person or remotely.

Programme

A fixed-term coaching engagement consisting of an agreed number of Sessions.

Part 1          The Relationship

1a          By entering into any kind of written agreement with Contractor, Client accepts and agrees to be bound by the terms and conditions of this agreement.

1b          Contractor undertakes to provide and Client agrees to engage the Services at the cost identified in the Estimate agreed upon and made a part of this engagement, subject to these standard terms of business.

1c          Estimates for additional services, whether related to the project or not, will unless otherwise directed by Contractor in writing be provided subject automatically to these standard terms of business.

1d          Any services requested by Client and identified in a separate Estimate will also be provided on these standard terms of business.

Part 2          The Design & Development Process

2a          Client agrees to provide a list of stakeholders. Contractor will only accept feedback from agreed stakeholders. Additions or alterations to the Project Scope must be agreed in writing and will be provided under a separate Project Scope/Estimate.

2b          The Project commences upon receipt of written acceptance of the terms of this document, and accompanying payment of a commencement invoice, if applicable.

2c          Client agrees to provide collated feedback at each stage of review no later than 5 working days after receipt, unless otherwise specified. Longer periods of review are negotiable at the outset of the stage but are non-negotiable once agreed. Any violation of agreed feedback timetables results in subsequent agreed deadlines being pushed back on a day-for-day basis.  

2d          Contractor undertakes to provide 2 comprehensive rounds of amendments as part of the Project. Further amendments will be charged at Contractor's standard hourly rate of €125/hr.

2e          Client declares proper ownership of any materials it provides as collateral to the Project (imagery, copy, fonts, etc.).

2f          Client acknowledges that failure to adhere to the agreed timetable for the performance of the Services may have significant effects on both the quality and timely delivery of the Services. Contractor cannot be held responsible for any defects if Client fails to adhere to a previously agreed deadline or requests a deadline be brought forward to a date that Contractor advises is inappropriate.

2g          Third-party costs — including but not limited to location rental, materials, subscriptions, domain registrations, and any other software licences required by the Project — are the sole responsibility of the Client and are not included in the Contractor's fees unless explicitly stated in the Estimate. 

Part 3          Confidentiality

3a          Contractor acknowledges its duty not to disclose without Client's permission, during or after its appointment, any confidential information relating to Client's business or the business of any of the Client's subsidiaries or customers which comes into the possession of Contractor as a result of this agreement.

3b          In the context of coaching and facilitation services, both parties acknowledge that sessions may involve the sharing of sensitive personal, professional or organisational information. Both Contractor and Client agree to treat all such information as strictly confidential and not to disclose it to any third party without prior written consent from the other party. 

3c          Notwithstanding clause 3b, Contractor reserves the right to breach confidentiality without prior consent where there is a reasonable belief that serious harm may come to the Client or to a third party, or where required by law.  

Part 4          Payment Schedule

4a          Payment is due upon receipt of commencement invoices, and upon completion of each stage within 30 days of each invoice rendered during the course of the Services. Any other costs shall be paid within 30 days of the date of invoice. All costs are provided exclusive of VAT. Overdue accounts are subject to a discretionary 10% compound interest charge per 14 days.

4b          For coaching Programmes, the full Programme fee is due upon commencement unless a payment schedule is explicitly agreed in writing in the Estimate. 

Part 5          Intellectual Property (IP) on Design and Source Files

5a          Copyright and any other intellectual property rights in any design work (Designs) created by Contractor under this Agreement shall remain the property of Contractor at all times. On full payment of the account, Client is granted an exclusive, royalty free, perpetual, non-transferable licence to use the Designs for the purpose for which they were created under this Agreement. Client must not use these Designs for any other purpose without Contractor's prior written consent and the payment of a separate fee to be agreed at the time of any request.

Part 6          Third Party Costs & Expenses

6a       Third-party costs fall into two categories. Some are incurred directly by Contractor on Client's behalf — including but not limited to standard class air and rail travel, car rental, local transport, and equipment rental — and will be reimbursed by Client at cost. Others are the sole responsibility of Client and are not included in Contractor's fees unless explicitly stated in the Estimate; these include but are not limited to location rental, materials, platform subscriptions, domain registrations, and any other software licences required for the project. 

6b          Client agrees to pay these third party costs and expenses within 14 days of the date of the invoice.

Part 7          Project Discontinuation 

7a          In the event that Client determines to discontinue the Project before completion of all agreed Services, for any reason, Client agrees to pay a settlement invoice covering all design work undertaken prior to discontinuation, any outstanding third party costs and expenses, and a Kill Fee of 25% of the agreed total Project Costs.

7b          Settlement invoices are due within 14 days of the date of the invoice.

Part 8          Approval (Print)

8a          Contractor will undertake all reasonable measures to ensure that Client is provided with proofs prior to printing. Client accepts responsibility for checking the proofs and approving all text, images and graphics by signing each sheet of the relevant proof.

8b          If there is insufficient time for a proof to be delivered to Client and the signed sheet returned to Contractor, then Client or its representative will be required, regardless of the time of day or night, to approve the relevant proofs at the printers before printing can commence.

8c          Proofs which remain unapproved by Client will not be sent to print without written authorisation to do so by Client or its representative. In these circumstances, Contractor shall bear no liability whatsoever for any failure to meet any legal or other deadline for the posting of the printed material, or any errors contained within the printed material.

Part 9          Liabilities

9a          Neither Contractor nor Client shall be liable for any delay or failure to perform any of the obligations under this Agreement if the delay or failure results from events or circumstances beyond reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities, any telecommunications carrier or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Either party shall be entitled to a reasonable extension of its obligations upon notifying the other of the nature and extent of such events.

9b          If Contractor is negligent in respect of any aspect of the Services, Contractor's liability shall be limited to the damage suffered by Client (excluding consequential loss), in an amount not exceeding the fee payable to Contractor for the provision of the Services.

Part 10          Indemnity

10a          Client shall indemnify and keep indemnified Contractor (and its officers, agents and representatives) from and against any and all proceedings, claims, damages, losses, expenses or liabilities (including but not by way of limitation legal costs and any amounts paid by Contractor in settlement or compromise of any such claims or proceedings) which Contractor (or such persons) may incur or sustain as a direct or indirect result of or in connection with the performance of services for Client. Contractor reserves the right to approve material prior to publication, but exercise or otherwise of such approval right shall in no way limit or avoid Client's obligation to indemnify Contractor as outlined above.

Part 11          Coaching Services — The Coaching Process

11a          Contractor's coaching services are designed to support Client's personal and professional development through structured conversation, reflection and goal setting. Coaching is a collaborative, forward-focused process.

11b          Coaching is not a substitute for psychotherapy, counselling, medical treatment, legal advice, or any other form of regulated professional service. Where Contractor believes a Client may benefit from such services, Contractor may suggest this, but the decision to seek additional support rests entirely with the Client.

11c          The coaching relationship is built on openness and trust. Client is responsible for the decisions they make and the actions they take as a result of coaching. Contractor does not accept responsibility for outcomes arising from Client's actions or decisions outside of Sessions.

11d          Sessions will take place at times agreed in advance between Contractor and Client, either in person or via a remote video platform (such as Zoom or Google Meet). Both parties agree to make reasonable efforts to be present on time and prepared for each Session.

11e          In the event of technical failure during a remote Session (such as loss of internet connection), both parties agree to make reasonable efforts to reconnect. If a Session cannot be completed due to technical issues on the Contractor's side, the Session will be rescheduled at no additional cost. Technical issues on the Client's side do not entitle the Client to a replacement Session unless agreed in writing by Contractor. 

Part 12         Coaching Services — Cancellation & Rescheduling

12a          Client may reschedule a Session at no charge provided at least 48 hours' notice is given before the scheduled start time.

12b          Cancellations or rescheduling requests made less than 48 hours before the scheduled start time will in principle result in that Session being forfeited and the full session fee remaining due. Contractor understands that life happens and will always try to find a reasonable solution — where circumstances allow, an alternative time may be offered at Contractor's discretion. Clients are encouraged to get in touch as early as possible if something comes up.  

12c          Contractor reserves the right to cancel or reschedule a Session with reasonable notice. In such cases, Contractor will offer an alternative time and no Session will be forfeited.  

12d          The full Programme fee is due upon commencement. In the event that Client wishes to discontinue a Programme before all Sessions have been completed, no automatic refund applies. Contractor will consider refund requests on a case-by-case basis and at their sole discretion, taking into account the circumstances and the number of Sessions remaining. No Kill Fee applies to coaching Programmes.

12e          Unused Sessions within a Programme expire 12 months after the Programme start date unless an extension is agreed in writing.

Part 13          Coaching Services — Scope & Disclaimer

13a          Contractor makes no guarantee of specific outcomes as a result of coaching. Progress depends on a range of factors including Client's engagement, effort and circumstances, many of which are outside Contractor's control.

13b          If at any point during a coaching engagement Contractor reasonably believes that the Client's needs fall outside the scope of coaching — for example, where clinical mental health support would be more appropriate — Contractor will communicate this to the Client and may recommend referral to a relevant professional.

13c          Client confirms that they are entering into a coaching engagement voluntarily and are not doing so in lieu of seeking professional medical, psychological or legal support that they may need. 

Part 14          Entire Agreement

14a          This Agreement constitutes the entire agreement between Contractor and Client and supersedes all prior agreements, understandings and negotiations. This Agreement may not be changed or modified in any way except by written agreement signed by Contractor and Client.

Part 15         Governance

15a          This engagement shall be governed by the laws of The Netherlands and the Dutch court shall have exclusive jurisdiction.

Updated February 2026. This version supersedes all previous versions.