Terms and Conditions Applicable to the Services and Products of Janma
1. General
1.1. These terms and conditions apply to all agreements between Janma and its clients.
– ‘Janma’ includes employees of Janma and other persons connected to or engaged by Janma in the execution of an agreement;
– ‘Client’ refers to anyone who purchases a product or service from Janma;
– ‘Agreement’ refers to all assignments to Janma, offers made by Janma, and (purchase) agreements concluded with Janma.
1.2. The (standard) conditions of a client apply only when they are accepted and confirmed in writing by Janma. In case of discrepancy between these terms and conditions and any other party’s terms, Janma’s terms and conditions prevail.
1.3. If one or more provisions in these terms and conditions are nullified or void, the remaining provisions remain in effect.
2. Formation of the Agreement
2.1. An agreement is concluded when Janma receives a written confirmation from the client.
2.2. By entering into this agreement with Janma, the client (if applicable) confirms they are the legal representative of the child and consent to Janma carrying out the tasks specified in the agreement.
3. Quotations
3.1. In principle, the rates listed on Janma’s website apply.
3.2. For certain services or products, Janma provides a quotation based on information provided by the client. Such a quotation is always non-binding and valid for 30 days unless otherwise stated.
3.3. The client is only bound to the quotation once it is confirmed in writing. If the client’s confirmation deviates from the quotation, it is considered a new offer to Janma.
3.4. Prices in the quotations include VAT unless otherwise stated.
4. Client Obligations
4.1. Janma relies on the client’s information for the proper execution of the agreement. The client is obligated to provide all relevant information (upon request and/or on their initiative) before or during the execution of the agreement, so Janma can tailor its quotations and services accordingly. Janma reserves the right to suspend its obligations under an agreement if it deems it needs more information from the client.
4.2. The client guarantees the accuracy, completeness, and reliability of the information provided to Janma, even if it originates from third parties.
4.3. If it has been agreed that the client will provide materials, supplies, or facilities necessary for the agreement, the client must make these available on time and as agreed.
4.4. Any additional costs and fees arising from delays in executing the agreement due to the client’s failure to provide the required information, materials, supplies, or facilities on time or correctly are the client’s responsibility.
5. Janma’s Obligations
5.1. Janma will exercise the care of a good service provider and act following the responsibilities arising from any applicable professional standards.
5.2. The agreement always entails a best-efforts obligation from Janma, not a results obligation. This means Janma will strive to achieve a desired result but does not guarantee any specific outcome and is not responsible or liable if the desired result is not achieved.
5.3. Natascha Moreira Santos of Janma is a member of the Dutch Professional Association of Doulas (NBvD) and is registered with the BIG registry.
6. Referrals
6.1. expertise beyond Janma’s scope can be required before or after agreeing. In such cases, Janma will inform the client and, if necessary and desired after consultation, refer the client to a third party.
6.2. Although Janma takes care when referring a client to a third party, the client must always enter into a new agreement with the third party, and Janma is never responsible or liable for the third party’s actions.
7. Confidentiality
7.1. Janma will always request the client’s permission before disclosing confidential information to third parties.
7.2. Janma must maintain confidentiality regarding information covered by professional secrecy and information designated as confidential by the client in writing.
8. Copyrights and Intellectual Property
8.1. Janma reserves all rights regarding intellectual products used or created during the execution of an agreement, as far as these rights arise from the law. This means all ideas and innovations developed during the execution of an agreement belong to Janma.
8.2. All methodologies, ideas, and tools developed and/or applied by Janma during the agreement are and remain Janma’s property. Any course materials provided by Janma within the context of the agreement are also Janma’s property. Unless otherwise agreed in writing, it is not permitted to use the information provided by Janma for purposes other than those indicated by Janma. Janma does not grant – implicitly or otherwise – licenses for the use of its intellectual property unless explicitly agreed in writing.
9. Fees, Costs, Rates
9.1. Janma’s fee is never dependent on the execution of the agreement.
9.2. If rates and/or prices change after the agreement is concluded but before it is fully executed, Janma is entitled to adjust the agreed rate accordingly, unless otherwise agreed between the client and Janma.
9.3. Janma’s fee includes costs incurred for the agreement, such as materials and venue rental and costs for engaging third parties unless otherwise agreed.
9.4. If it is agreed that certain costs will be invoiced separately to the client, Janma will keep a record of these costs and provide it upon the client’s request.
9.5. If it is agreed that Janma will charge an hourly rate, Janma is obliged to keep a record of the billable hours and provide it upon the client’s request. The applicable hourly rate will be established in the agreement, specifying the tasks to which the hourly rate applies.
10. Payment
10.1. Janma reserves the right to send invoices via email.
10.2. Janma’s invoices must always be paid as specified on the invoice. Any client complaints do not suspend the payment obligation. The client is not allowed to offset payments.
10.3. All Janma’s invoices must be paid within 14 days of the invoice date unless otherwise agreed in writing. This is a final payment term.
10.4. If the client fails to pay an invoice within the final term specified in article 10.3, Janma will send a reminder once. Janma charges statutory (commercial) interest after the payment term expires. If the client does not pay the invoice within the given reminder term, Janma is free to take collection measures and/or proceed to legal action without further notice of default.
10.5. All reasonable legal and extrajudicial (collection) costs incurred by Janma due to the client’s non-compliance with the agreement are the client’s responsibility and immediately due.
11. Termination and Cancellation
11.1. Interim termination of the agreement is only possible with written consent and confirmation from Janma. Janma reserves the right to charge the full agreed fee in such cases. The costs reasonably incurred by Janma with a view to the execution of the agreement (including payments to third parties, venue rental, travel costs, etc.) are always payable by the client, even in the event of interim termination.
12. Liability
12.1. Janma will execute the agreement to the best of its ability and with the professional care reasonably expected. Janma is not liable for:
– any damage resulting from incorrect or incomplete information provided by the client;
– indirect damage (such as lost revenue and/or consequential damage).
12.2. Any liability of Janma for damage to the client is limited to the amount of the fee for the relevant assignment, or the amount paid out under Janma’s professional liability insurance, unless there is intent or gross negligence on Janma’s part. This means that Janma will never compensate more damage than the invoice amount involved in the relevant agreement, except in cases of intent or gross negligence.
12.3. Janma fully supports the information, advice, and services it provides, but is not liable for how the client applies this information, advice, and services.
13. Force Majeure
13.1. Force majeure exists if the execution of the agreement is wholly or partially, whether temporarily or permanently, prevented by circumstances beyond the parties’ control, including circumstances on Janma’s side such as strikes, personnel issues, transportation problems, weather conditions, and non-performance by suppliers and third parties.
13.2. In case of force majeure, Janma will notify the client immediately. The client has the right to cancel the agreement in writing within eight days of receiving this notification but must reimburse Janma for the costs reasonably incurred concerning the execution of the agreement (including payments to third parties, venue rental, travel costs, etc.).
14. Expiry Period
14.1. Unless otherwise specified in these terms and conditions, the client’s claims and other powers against Janma, for whatever reason, expire in any case one (1) year after the moment the client became aware or reasonably could have become aware of the existence of these rights and powers.
15. Applicable Law and Disputes
15.1. All agreements between Janma and the client are governed by Dutch law.
15.2. Disputes concerning these terms and conditions or any agreement between Janma and a client (and everything related to or arising from it) will be submitted to the competent court in Rotterdam.
16. Changes
These terms and conditions are filed with the Chamber of Commerce in Rotterdam under number: 90698800. Janma reserves the right to make changes to its terms and conditions. The applicable version is always the latest filed version or the version in effect at the time the relevant agreement was concluded.