Terms and Conditions

Article 1: Definitions

In these terms and conditions, the following definitions apply:

• Contractor: ActiFire, located in De Tike, registered with the Chamber of Commerce under number 91246415.

• Client: The natural or legal person who enters into an agreement with ActiFire for the purchase of services.

• Services: All services offered by ActiFire, including coaching, team building, training, and related activities.

Article 2: Applicability

1. These general terms and conditions apply to all offers, agreements, and deliveries of services by ActiFire, unless otherwise agreed in writing.

2. Deviations from these terms are only binding if they have been expressly confirmed in writing by both parties.

Article 3: Formation of the agreement

1. An agreement is formed after written or electronic confirmation by the client of an offer or proposal made by ActiFire.

2. Offers from ActiFire are non-binding and valid for 30 days from the date of issue, unless otherwise indicated.

Article 4: Execution of the services

1. ActiFire will execute the services to the best of its knowledge and ability, in accordance with the requirements of good craftsmanship.

2. If and to the extent that proper execution of the services requires it, ActiFire has the right to have certain tasks performed by third parties.

Article 5: Obligations of the client

1. The client ensures that all data necessary for the execution of the services are provided to ActiFire in a timely manner.

2. The client ensures that the location where the services are provided, if applicable, is suitable for their execution.

Article 6: Payment terms

1. Invoicing takes place as stated in the agreement or offer. The payment term is 14 days after the invoice date, unless otherwise agreed.
   For projects, 60% is invoiced upon assignment and 40% afterwards.

2. In the event of late payment, the client is in default by operation of law and owes statutory interest on the outstanding amount. All reasonable collection costs are also borne by the client.

Article 7: Cancellation and modification

1. Cancellation or modification of a scheduled session by the client must be done in writing and communicated at least 48 hours before the start of the session.

2. In case of cancellation within 48 hours before the start of the session, ActiFire is entitled to charge the costs for the respective session.

Article 8: Confidentiality

1. Both parties are obliged to maintain confidentiality of all confidential information obtained from each other or from other sources in the context of the agreement.

2. Information is considered confidential if it has been communicated as such by the other party or if it arises from the nature of the information.

Article 9: Liability

1. ActiFire is not liable for indirect damage, including consequential damage, lost profits, and damage due to business interruption.

2. The liability of ActiFire is limited to the amount paid out by ActiFire's liability insurance in the relevant case. If the insurance does not provide coverage in a specific case, liability is limited to the invoice amount of the respective service.

Article 10: Force majeure

1. In the event of force majeure, ActiFire is entitled to suspend the execution of the agreement or to dissolve the agreement, without being obliged to pay any form of compensation.

2. Force majeure is understood to mean circumstances that prevent the fulfillment of the obligation and that are not attributable to ActiFire, such as extreme weather conditions, pandemics, government measures, etc.

Article 11: Intellectual property

1. All materials provided by ActiFire, such as reports, advice, designs, sketches, drawings, software, etc., are intended solely for use by the client and may not be reproduced, published, or brought to the attention of third parties without prior permission from ActiFire.

2. ActiFire reserves the right to use the knowledge gained from the execution of the work for other purposes, provided that no confidential information is brought to the attention of third parties.

Article 12: Applicable law and disputes

1. All legal relationships to which ActiFire is a party are exclusively governed by Dutch law.

2. Disputes will initially be submitted to the competent court in the district where ActiFire is located.

Article 13: Amendment of the terms

1. ActiFire reserves the right to amend or supplement these general terms and conditions.

2. Amendments will be communicated to the client in writing or electronically at least 30 days before they take effect. If the client does not object in writing within this period, the amended terms are deemed to have been accepted.