Terms and Conditions Healing in Practice
Article 1. Definitions
- The practitioners & practice name: Diederik, Shelley & ‘Healing in Practice’, established in the Netherlands, Apeldoorn under Chamber of Commerce number 51657708.
- The client: the other party of practice ‘Healing in Practice’.
- Service(s): Incidental advice, treatments, workshops, training courses or other incidental services performed by the practitioner on behalf of the client.
- Treatment: an agreement regarding several separate procedures/treatments and/or an agreement from which separate transactions occur for a longer period of time.
- Group meeting: an agreement (eg meditation evening, course, workshop, group healing) concerning several clients at the same time, with a certain subject and a predetermined number of meetings.
- Therapist: a practioner that uses a method with the aim of improving someones life, without referring nor implying talk-therapy, psychotherapy nor any other legally protected title that would require a license. This site follows the Dutch definition of a “therapist”, which is an unprotected term in The Netherlands.
Article 2. Applicability
- Only these Terms and Conditions shall apply to all agreements between the practitioner on the one hand and the client on the other hand, with the express exclusion of other Terms and Conditions.
- Acceptance of a price agreement or the conclusion and/or continuation of an agreement in some other way means that the client has accepted the application of the Terms and Conditions and waives the applicability of any general terms and conditions of the client.
- Deviations from these Terms and Conditions will only be effective if confirmed in writing by the practitioner. In this case, the other provisions remain in full force.
Article 3. Establishment and amendment of agreement
- An agreement can concern both a trajectory and individual procedures/treatments.
The starting point of the therapy is what the client has indicated for treatment. This is regularly evaluated and adjusted where necessary
- An agreement between the practitioner and the client is established by an oral or written order and acceptance of the price agreement by the client or an oral or written confirmation of an individual consultation or a series of consultations.
- If an acceptance of a quotation entails reservations and/or changes, the agreement will only be concluded after the practitioner has agreed in writing to these reservations and/or changes.
- Changes or additions to the agreement are only made after both parties have confirmed them in writing or, in the case of an individual consultation, orally.
- The general terms and conditions are part of every treatment agreement between the client and Healing in Practice, unless expressly deviated from in writing. By signing the Intake Form, the client also declares to agree with the general terms and conditions for services of practice Healing in Practice.
- The client can cancel treatment at any time. Healing in Practice can do this for weighty reasons (such as aggression, non-cooperation of the client in the treatment, frequent non-payment or substantial interest).
- The Client undertakes to make the necessary personal effort and to take responsibility for itself.
- The Client undertakes to pay the agreed costs.
Article 4. Duration of agreement and dissolution
- Unless stipulated otherwise in the agreement, it is entered into for the duration of a trajectory or separate operations/treatments. After the agreed contract period has expired, the agreement can be extended in consultation between both parties.
- Without prejudice to the right to compensation of costs, damage and interest, each of the parties is entitled to dissolve the agreement without judicial intervention with immediate effect by registered letter if;
- The other party has not fulfilled one or more of its obligations and is negligent in complying with its obligations within a term set for fulfillment by registered letter, unless the shortcoming(s) is (are) of such a nature or minor significance that it reasonableness does not justify dissolution.
- Bankruptcy or suspension of payments is applied for or granted before the other party, or measures are taken that indicate termination or discontinuation of the company.
Article 5. Cancellation
- Cancellation of appointments and consultations, the following cancellation conditions apply:
- If the client is unable to attend, they can report this in time by email or WhatsApp so that the time can be offered to someone else. Appointments canceled less than 24 hours in advance may be charged. Failure to show up for the appointment at the agreed time may also be charged.
- The practitioner is reasonably entitled to change an already scheduled appointment in terms of time. A replacement appointment will be made shortly.
In the event of illness of the practitioner or other force majeure, the practitioner will contact the client(s) as soon as possible, should personal sessions and/or group meetings have to be canceled due to the unexpected situation.
Article 6. Confidentiality, file management and right of inspection.
- The practitioner will treat all information regarding the client that he/she obtains during the performance of his/her services confidentially and will not provide this information to third parties, except insofar as the practitioner is obliged to do so or the practitioner has obtained permission.
- The practitioner will impose a duty of confidentiality as described in paragraph 1 (on his/her employees and) any third parties engaged in the performance of services.
- According to agreements made in advance, the practitioner will provide quantitative reports about processes at the request of the client, with due observance of the General Data Protection Regulation (EU GDPR/Dutch AVG). Healing in Practice will respond to this within 3 months of the client’s request.
- The Client is responsible for supplying all correct data. The practitioner is not responsible for this.
- By signing the Intake Form (treatment agreement) you agree to these General Terms and Conditions and you give your practitioner permission to process your personal data.
- In the case of a group meeting, the practitioner verbally invokes the duty of confidentiality of the members present. The practitioner is not liable for any damage resulting from the breach of the duty of confidentiality by one of the members of the group.
Article 7. Rates
The rates for consultations, treatments or separate transactions are mentioned to and/or stated on the website for the relevant service.
Article 8. Invoicing and payment
- Services for private clients must be paid on the basis of the invoice within 14 days of receipt.
- Invoicing takes place on the basis of the rates agreed between the parties and the number of operations/treatments.
- Unless agreed otherwise in writing, the client must pay the practitioner within 14 days of the invoice date, without any claim for settlement.
- If the payment term is exceeded, the client is in default without notice of default being required. The practitioner is entitled to suspend its obligations to provide services with effect from the date on which the payment term has expired. The practitioner will inform the client in good time of the aforementioned suspension of its services. With effect from the aforementioned date, the client owes statutory interest on the outstanding amount. Furthermore, all judicial and extrajudicial collection costs are for the account of the client. Collection costs include the costs of lawyers, bailiffs and collection agencies, determined in accordance with the applicable or customary rates.
Article 9. Liability / Disclaimer
- There is a best efforts obligation in the performance of the services provided by the practitioner.
- The practitioner in no way gives a medical guarantee nor is she/he liable in any way for medical complications that arise at the time or after the performance of her services at the client, which are not due to a serious attributable shortcoming of the practitioner. The practitioner is in no way liable for consequential damage.
- The practitioner is not liable insofar as damage arises from the fact that the client has not properly followed oral or written advice from the practitioner.
- The practitioner’s liability for damage resulting from the services provided by him/her - possibly with the involvement of non-subordinates - is limited to a maximum of the costs of a consultation
- In all cases, any liability of the practitioner is limited to the amount charged to the client.
- The client is obliged to take all measures necessary to limit the damage for which he/she wishes to hold the practitioner liable.
Article 10. Applicable law and disputes
- Dutch law applies to the services provided by the practitioner.
- The parties designate the competent court in
the place of residence of Healing in Practice as the competent court.
- In disputes arising from or related to the services of the practitioner, which fall within the competence of the court, only the court has jurisdiction.
- In the event of a difference in interpretation between the original Dutch Terms and Conditions and this translation, the Dutch Terms and Conditions apply.
- We are certified VortexHealing® practitioners, and are bound by the VortexHealing® Code of Ethics.
Article 11. Complaints procedure
For complaints about the treatment, the client should in the first instance turn directly to the practitioner in the practice. In the second instance, the client can turn to the NIBIG in accordance with the Dutch Healthcare Quality, Complaints and Disputes Act (Wkkgz) .
Article 12. Sharing personal data with third parties
For informing third parties (eg the general practitioner) ‘Healing in Practice’ will only use the client’s data with the express written permission of the client.
Healing in Practice does not sell your information to third parties and will only provide it if this is necessary for the implementation of the agreement that the practitioner and client have agreed upon or to comply with a legal obligation. We conclude a processing agreement with companies that process your data on our behalf to ensure the same level of security and confidentiality of your data. Healing in Practice remains responsible for these processing operations.
Article 13. Change of general terms and conditions
Healing in Practice reserves the right to change the terms and conditions. For new clients, the most current version of the general terms and conditions applies. Changes to the terms and conditions will become effective one month after they have been announced to current clients.
Apeldoorn, 14 August 2023 (Printing and typing errors reserved)