Terms & Conditions

Article 1 – Definitions

• The Dutch Sales Doctor: The Dutch Sales Doctor B.V., also the party using these terms and conditions.
• The Dutch Sales Doctor B.V.: a private limited company, registered at Kaya Merlot 47, Willemstad, Curaçao, registered in the Chamber of Commerce of Curaçao under number 174626.
• Client/Counterparty: the natural person or legal entity that has engaged The Dutch Sales Doctor to perform services, as well as their representative(s), authorised agent(s) and successors. The term Client/Counterparty also includes anyone who wishes to place an order with The Dutch Sales Doctor for the delivery of services or otherwise enter into any agreement of another nature.
• Participant: the natural person who participates in a service of The Dutch Sales Doctor on behalf of or through the Client.
• Agreement: any written arrangement between the parties regarding the delivery of services in exchange for payment.
• Services/Work: all work for which an assignment has been given or which The Dutch Sales Doctor performs on other grounds, in the broadest sense of the word, including in any case the work as stated in the (optional) quotation, i.e. all work that may be useful to the given assignment. Services/Work may include, but are not limited to: keynotes, training programmes, coaching, workshops, online programmes, presentations, learning trajectories or the delivery of digital products.
• Online Services: sessions, programmes, templates, live sessions or visual content delivered via the internet.
• In Writing: communication by letter, email, WhatsApp or comparable digital channels that are not verbal.

Article 2 – Applicability

1. These terms and conditions apply to all legal relationships, including Agreements and offers (both verbal and in Writing), between The Dutch Sales Doctor and the Counterparty.
2. These terms and conditions also apply for the benefit of anyone engaged by The Dutch Sales Doctor and anyone for whose actions or omissions The Dutch Sales Doctor is or may be liable.
3. Deviating or supplementary conditions only apply if agreed in writing with the Counterparty. The applicability of any other general terms and conditions is hereby expressly excluded.
4. If payment is made via a Dutch bank account, payment provider or Dutch private limited company, this does not affect the applicability of these terms and conditions, and The Dutch Sales Doctor B.V. remains the contracting party, unless otherwise agreed in writing.

Article 3 – Scope

1. Together with the Written Agreement, these terms and conditions — including any follow-up assignment or amended or supplementary assignment — constitute the complete Agreement between The Dutch Sales Doctor and the Client. Any prior agreements, arrangements, understandings or statements are hereby superseded.
2. In the event of a discrepancy between these general terms and conditions and the Agreement in which these general terms and conditions have been declared applicable, the provisions of that Agreement shall prevail.
3. All quotations, proposals and offers are non-binding with regard to price, content and delivery time, and are valid for 14 days. After that, the offer lapses and The Dutch Sales Doctor can no longer be held to the offer.
4. The Dutch Sales Doctor has the right to unilaterally amend or supplement these terms and conditions. The Client will be informed of this in a timely manner. The amended terms and conditions are deemed to have been accepted if the Client does not object within 14 days of the amended terms and conditions being sent or made known to them.
5. If any provision of the agreement or these terms and conditions proves to be null and void or voidable, the remaining provisions shall remain fully in force.

Article 4 – Formation and Duration of the Agreement

1. The Agreement is formed as soon as the Client has accepted an offer in Writing (analogue or digital) or, failing that, as soon as The Dutch Sales Doctor commences the performance of the Services with the Client's consent.
2. The Agreement is entered into for a fixed or indefinite period, depending on the nature, content or scope of the assignment.
3. The Agreement ends in any case at the moment the agreed work has been completed or the agreed period for which the Agreement was entered into has expired, unless the Parties have agreed otherwise in Writing.
4. If an offer has been accepted verbally, The Dutch Sales Doctor will confirm this acceptance in Writing. If the Client does not object within 48 hours, the Written confirmation shall constitute binding acceptance of the assignment by the Client.

Article 5 – Performance of Services

1. The Dutch Sales Doctor will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good professional practice.
2. The Dutch Sales Doctor will make every effort to achieve the result intended under the Agreement, but without guaranteeing this result as such (best-efforts obligation).
3. The Client is responsible for the timely provision of information necessary for the performance of the Agreement.
4. During the performance of the Services, atmospheric images may be taken for promotional purposes. Unless the Client objects in advance, the Client agrees that such images may be published for promotional purposes on — for example — the social media channels of The Dutch Sales Doctor.

Article 6 – Engagement of Third Parties and AI

1. The Dutch Sales Doctor is entitled to engage third parties in the performance of the assignment. The choice of third parties to be engaged by The Dutch Sales Doctor shall, where possible and reasonable, be made in consultation with the Client and with due care. The Dutch Sales Doctor is not liable for shortcomings of these third parties, except in the case of intent or gross negligence on the part of The Dutch Sales Doctor.
2. If these third parties wish to limit their liability in connection with the performance of an assignment from the Client, The Dutch Sales Doctor assumes and confirms, where necessary, that all assignments given to it by the Client include the authority to accept such a limitation of liability on behalf of the Client.
3. The Dutch Sales Doctor uses AI tools in the performance of the Agreement.

Article 7 – Cancellation and Rescheduling

1. For keynotes, workshops, training programmes and other live services, cancellation by the Client is possible up to three months before the scheduled date, subject to reimbursement of costs already incurred, including travel, accommodation, venue, preparation and third-party cancellation costs.
2. In the event of cancellation within two months before the scheduled date, the Client shall also owe 50% of the agreed amount.
3. In the event of cancellation within one month before the scheduled date, the Client shall also owe 100% of the agreed amount.
4. Rescheduling of a keynote, workshop, training or live service is possible if it fits within the schedule of José van Dalen / The Dutch Sales Doctor. In the event of rescheduling within one month before the scheduled date, The Dutch Sales Doctor will treat the assignment as a cancellation (Article 7.3), unless otherwise agreed in writing.
5. Strategic calls may be rescheduled free of charge a maximum of two times, provided this is communicated in writing no later than 4 working days before the start. In the event of a no-show, late rescheduling or after two previous reschedules, no right to a refund exists.
6. Non-participation, no-show or early termination of a session, programme, training, workshop, keynote or call does not entitle the Client to a refund.
7. Digital products, downloads, templates, online materials and immediately accessible courses are final upon purchase and will not be refunded, to the extent permitted by law.

Article 8 – Termination, Dissolution and Early Cancellation

1. If the Counterparty:
   1. fails to strictly fulfil any obligation arising from an Agreement with The Dutch Sales Doctor, or
   2. if during or after the performance of the Services it appears that the Counterparty has provided incorrect information or withheld information, or
   3. if the Counterparty is declared bankrupt, or
   4. has applied for a suspension of payments or statutory debt restructuring, or
   5. offers its creditors or some of them an arrangement or settlement, or
   6. in the event of attachment of its assets or part thereof, or
   7. if the Counterparty proceeds to sell or liquidate its business, or
   8. in the event of death, or
   9. placement under guardianship, or
   10. if it otherwise loses management or control of its business, affairs or part thereof,
   The Dutch Sales Doctor has the right to suspend the (further) fulfilment of all obligations, or to consider the Agreement(s) with the Counterparty as dissolved in whole or in part, without the need for a notice of default and/or judicial intervention, while retaining its right to claim compensation for its damages from the Counterparty.
2. If The Dutch Sales Doctor performs Services at a location other than the usual/planned location at the Client's request, any travel, accommodation and parking costs will be charged.
3. The Dutch Sales Doctor has the right to exclude a participant from (further) participation if The Dutch Sales Doctor reasonably considers that the circumstances justify this decision.

Article 9 – Additional Work, Urgency and Supplementary Arrangements

1. If during the performance of the agreement it becomes apparent that it is necessary for proper performance to expand, amend or accelerate the work, this shall constitute additional work. The Dutch Sales Doctor will inform the Client of this as soon as possible.
2. Additional work will be invoiced on the basis of post-calculation or the applicable hourly rate. This also applies to additional wishes of the Client outside the originally agreed assignment.
3. Urgent requests (within 5 working days) entitle The Dutch Sales Doctor to charge a surcharge of 25%.
4. If the Agreement is performed in phases, The Dutch Sales Doctor may invoice after each completed phase and only commence the next phase after receipt of payment, unless otherwise agreed in writing.

Article 10 – Payment and External Payment Providers

1. Payments may be processed via an external payment provider, a Curaçaoan bank account or a Dutch bank account of JVD Projecten B.V. If the name of JVD Projecten B.V. appears on the payment account or payment confirmation, this is solely in the capacity of a cash/payment administration party on behalf of The Dutch Sales Doctor. The contracting party remains The Dutch Sales Doctor at all times, unless otherwise agreed in writing.
2. Payment for products and/or services may be processed via an external payment service provider, such as Stripe, Paga Direct or a comparable party. By using this payment method, the Client agrees to the terms and conditions of the relevant payment service provider.
3. The Dutch Sales Doctor is not responsible for disruptions, delays or errors in the processing of payments by external payment providers. Any damage resulting from technical problems at these parties falls outside the liability of The Dutch Sales Doctor.
4. All payments must be made in full, without suspension and in advance, unless expressly agreed otherwise in writing.
5. Invoices are automatically generated and sent digitally upon completion of payment. These are legally valid and may be used for administrative purposes.
6. Payment to the account or payment provider designated by The Dutch Sales Doctor constitutes a valid discharge of the payment obligation to The Dutch Sales Doctor.

Article 11 – Payment and Collection

1. Payment must always be made within 14 (fourteen) days of the invoice date, in the manner indicated by The Dutch Sales Doctor. For contracts with a duration of more than two months, The Dutch Sales Doctor may invoice periodically — on an interim basis.
2. For keynotes, workshops, training programmes and trajectories, The Dutch Sales Doctor may require a deposit. Unless otherwise agreed in writing, a deposit of 50% in advance applies to keynotes involving travel and/or accommodation costs. The remaining 50% will be invoiced on or one day after the event and must be paid within 14 days of the invoice date. The booking is only final upon receipt of the deposit, unless otherwise agreed in writing.
3. If payment is not made, the Client is in default without further notice of default and statutory commercial interest is owed from the due date.
4. All costs arising from late payment, including judicial and extrajudicial collection costs (such as costs for lawyers, collection agencies or bailiffs), are entirely at the expense of the Client.
5. The payment claim becomes immediately due and payable if:
   • the Client is declared bankrupt;
   • applies for a suspension of payments;
   • assets are seized;
   • the business is wholly or partially liquidated, suspended or transferred;
   • or the agreement is dissolved.
6. Any refunds to the Client will be made within 30 days of The Dutch Sales Doctor's approval of the refund.

Article 12 – Copyright and Intellectual Property

1. Unless otherwise agreed with the Client, copyright in all materials provided — such as research methods and data, reports, advice, brochures, readers, project and training materials, software, etc. — rests with The Dutch Sales Doctor.
2. All information and materials provided by The Dutch Sales Doctor — such as research methods and data, reports, advice, brochures, readers, project and training materials, software, etc. — are the property of The Dutch Sales Doctor and are intended exclusively for the performance of the agreed Services. They may not be reproduced, published or disclosed to third parties without the prior consent of The Dutch Sales Doctor.
3. By infringing any intellectual property right of The Dutch Sales Doctor, the Counterparty forfeits an immediately payable penalty of €15,000 in one lump sum and a penalty of €500 per day or part of a day for as long as the infringement continues, up to a maximum of €30,000, without prejudice to The Dutch Sales Doctor's right to claim additional damages from the Counterparty if the actual damage exceeds the penalty amount.

Article 13 – Liability

1. The Dutch Sales Doctor is not liable for any failure to fulfil its obligations arising from the Agreement, unless the Client demonstrates that the failure is attributable to intent or gross negligence on the part of The Dutch Sales Doctor.
2. If The Dutch Sales Doctor, in accordance with the provisions of the law, the Agreement and these general terms and conditions, is liable towards the Client, that liability is limited to the invoice value of the Services, or at least to that part of the Agreement to which the liability relates.
3. The Client is liable for damage suffered by participants/freelancers/employees of the Client in the context of the performance of the Agreement. The Client indemnifies The Dutch Sales Doctor against any claims from the aforementioned third parties, to the extent permitted by law.
4. The Client is responsible for the conduct, presence and participation of participants, freelancers, employees and/or representatives registered by the Client. The Client indemnifies The Dutch Sales Doctor against claims arising from the actions or omissions of these persons, to the extent permitted by law.
5. The Client indemnifies The Dutch Sales Doctor and its auxiliary persons against claims from third parties who claim to have suffered damage as a result of or in connection with Services performed by The Dutch Sales Doctor on behalf of the Client, as well as against The Dutch Sales Doctor's costs in connection with conducting a defence against such claims.

Article 14 – Force Majeure

1. The Dutch Sales Doctor reserves the right, in the event of force majeure (including but not limited to: travel restrictions, flight cancellations, illness, government measures, technical failures of platforms and payment providers), to cancel, amend, reschedule (in terms of time and location) or suspend Services until the circumstances constituting the force majeure no longer apply.
2. If it is established that the force majeure is of a permanent nature, either party is entitled to dissolve the agreement, and The Dutch Sales Doctor will refund the invoice amount in accordance with paragraph 3 of this article. Dissolution is no longer possible once the Services — whether or not at the Client's request — have been rescheduled and the Services can consequently still be performed.
3. The Dutch Sales Doctor is entitled to claim compensation for the Services performed in the performance of the relevant Agreement before the circumstances preventing performance arose.
4. Dissolution due to a force majeure situation does not give rise to a right to compensation.

Article 15 – Confidentiality

1. The Dutch Sales Doctor and the Client shall, even after the termination of the Agreement, maintain confidentiality with regard to all information made available to them by the other party in the context of the formation and performance of an Agreement, the confidential nature of which has either been indicated or can reasonably be understood.
2. Personal data will be treated confidentially in accordance with legal standards, in line with The Dutch Sales Doctor's Privacy Statement.

Article 16 – Complaints and Disputes

1. Complaints must be communicated in writing within 7 days of delivery of the service, or at least after discovery of the grounds for the complaint, failing which all liability of The Dutch Sales Doctor lapses.
2. The parties will make every effort to resolve disputes amicably.
3. Curaçaoan law applies to all offers, agreements, services, deliveries and legal relationships, unless expressly agreed otherwise in writing.
4. Disputes will be submitted exclusively to the Court of First Instance of Curaçao.

Article 17 – Final Provisions

1. The most current version of these terms and conditions can be found at: www.thedutchsalesdoctor.com.
2. Prices and payments may be agreed in EUR, USD, XCG or another currency confirmed in writing. Any bank charges, exchange rate differences, chargebacks, payment provider fees or international transaction costs are at the expense of the Client, unless otherwise agreed in writing.