General terms and conditions MuSupervisor

Article 1. Definitions

In the agreement, these general terms and conditions, the entry criteria and any appendices to the agreement, the following definitions apply:

MySupervisor: MySupervisor, located at Lobbendijk 39, 3991 EB Houten and can be reached via: info@mysupervisor.eu

Party(ies): MySupervisor or the affiliated supervisor individually or jointly

Supervisee: the professional supervisor or coach who is looking for a supervisor

Supervisor: the connected supervisor by means of an agreement.

Admission criteria: possess a valid supervisor certification or is in training to be certified. If the training does not lead to certification within 3 years, the agreement will be automatically terminated. For the accepted accreditations/certifications, see the list on the MySupervisor website.

Article 2. Applicability of these conditions

These General Terms and Conditions apply to all quotations, offers, assignments and every agreement between MySupervisor and the Contracting Party. The General Terms and Conditions also apply to all (future) agreements between these parties.
Any deviations from these General Terms and Conditions are only valid to the extent that they have been explicitly agreed in writing and confirmed in writing by MySupervisor.
If one or more provisions in these General Terms and Conditions are void or annulled, the other provisions of these General Terms and Conditions will remain fully in force. In that case, the parties will enter into negotiations to reach agreement on an alternative provision(s) that approximates the original provision as much as possible. The invalidity of one or more clauses can never lead to claims by one party against the other party.
If one or more provisions of these General Terms and Conditions conflict with the provisions of the agreement, the provisions of the agreement shall prevail.

Article 3. (Execution of) the agreement

MySupervisor reserves the right to refuse a request to enter into an agreement from the contractor for reasons of its own.
An agreement is only concluded after MySupervisor has accepted and processed the registration or after MySupervisor has started executing the agreement.
If and insofar as proper execution of the agreement requires this, in the opinion of MySupervisor, it has the right to have certain work carried out by third parties.
The contractor ensures that all information that MySupervisor indicates is necessary or of which the contractor understands or should reasonably understand that it is necessary for the conclusion and execution of the agreement, is provided directly to MySupervisor. If the information required for the execution of the agreement has not been provided to MySupervisor in a timely manner, it has the right to suspend the execution of the agreement and/or charge the contractor for the additional costs resulting from the delay. MySupervisor is not liable for damage of any nature whatsoever because MySupervisor relied on incorrect and/or incomplete information provided by the contractor.

Article 4. Admission criteria

Specific (accession) criteria apply for connection. These specific (accession) criteria for joining MySupervisor are stated on the website. MySupervisor reserves the right to unilaterally change these (entry) criteria. The current version of the (accession) criteria is always published on the website.

Article 5. Intellectual property

MySupervisor reserves the rights and powers that accrue to it under the Copyright Act.
All documents provided by MySupervisor, such as reports, advice, designs, lectures, brochures, PowerPoints, sketches, drawings, software, model contracts, model documents, are exclusively intended for use by the contractor and may not be reproduced, made public or brought to the attention of third parties without prior written permission of MySupervisor. Although these documents have been compiled with the greatest care, MySupervisor is not liable for any damage resulting from their use by the contractor, in the broadest sense of the word, for example due to incompleteness or inaccuracies therein.

Article 6. Cancellation, termination and dissolution of the agreement

In the event of a (intended) decision to liquidate or dissolve the contractor’s company, an (intended) application for bankruptcy or suspension of payments of the contractor’s (company) and/or a (intended) request for admission to debt restructuring of the (company) of the contractor or if creditors of the (company) of the contractor are or will be offered a payment arrangement, or if the contractor ceases its business, or if MySupervisor encounters one of the aforementioned circumstances at the contractor and considers this reasonably plausible or has good reason to fear this, then the obligations of the contractor towards MySupervisor and claims of MySupervisor on the contractor are immediately due and payable.
In the cases referred to in paragraph 1, MySupervisor is also entitled to suspend further execution of the agreement and/or to terminate or dissolve the agreement with immediate effect, without prejudice to MySupervisor’s right to claim damages.
If MySupervisor terminates the agreement, as referred to in this article, it is not obliged to pay the contractor any (damage) compensation.

Article 7. Complaint

A complaint about services/work performed must be reported in writing by the contractor to MySupervisor within 8 days of discovery, but no later than 14 days after completion of the work in question.
If a complaint is justified, MySupervisor will still perform the services/work as agreed, unless MySupervisor believes this has now become pointless for the contractor. The contractor can also make this known in writing.
If the service is no longer possible or useful, MySupervisor will only be liable within the limits of Article 9 of these General Terms and Conditions.

Article 8. Payment

Unless otherwise stated in the agreement, payment must be made within 14 days after the invoice date, into a bank account to be specified by MySupervisor in the currency in which the invoice was issued. If MySupervisor has not received payment from the contractor within the payment term, the contractor is liable in accordance with art. 6:83 sub a of the Dutch Civil Code – without a notice being required – in default.
In the event of a reminder, MySupervisor is also entitled to reimbursement of the extrajudicial (collection) costs, which costs in that case, notwithstanding Article 6:96 paragraph 4 of the Dutch Civil Code and in deviation from the Decree on compensation for extrajudicial collection costs, will now be set at an amount equal to 15% of the total outstanding principal amount with a minimum of € 75.00 for each partially or fully unpaid invoice.
Payments made by the contractor always serve firstly to settle all interest and costs due and secondly to settle due and payable invoices that have been outstanding the longest, even if the contractor states that the payment relates to a specific invoice.
If MySupervisor’s service concerns the connection of the contractor, in the event of a third payment reminder or reminder, the contractor will be disconnected from the MySupervisor system. If the arrears are cleared within 14 days, the reconnection is free of charge. Afterwards, an administration fee for reconnection will be charged, which amounts to €50.00.
In exceptional cases, a payment arrangement can be agreed upon at the discretion of MySupervisor.

Article 9. Non-compliance

If the contractor does not fulfill his obligations under the agreement, MySupervisor is entitled to suspend the execution of the agreement. MySupervisor is furthermore entitled to terminate or dissolve the agreement. In the event of premature termination or dissolution, the contractor remains obliged to pay the agreed compensation for the current year, without prejudice to MySupervisor’s right to full compensation. After termination, the agreed compensation for the year in question will serve as compensation for the services/activities already performed and planned by MySupervisor in that year that cannot be undone and for which MySupervisor does not invoice separately.

Article 10. Liability

If MySupervisor fails to comply with one or more of its obligation(s) under the agreement, it is only liable to the other party for any direct damage resulting from this, with due observance of the provisions of this article, insofar as this is the case, of intent or deliberate recklessness on her part.
Liability for indirect damage or other consequential damage, such as lost turnover or profit, interest or delay damage, missed savings or damage to reputation, is excluded.
To the extent that MySupervisor is subject to any (legal) liability – on the basis of contractual liability, tort or any other legal or extra-legal basis – and MySupervisor would be obliged to compensate any damage, then the liability and the damage to be compensated will be limited to the amount invoiced by MySupervisor in the context of the present agreement in the relevant calendar year up to a maximum of six months prior to the damage-causing event and also paid by the contractor.
MySupervisor can make model agreements or other documents or presentations and/or lectures available to the contractor, whether or not via its website, for the contractor’s own use. Although these documents have been and are produced with the greatest care, MySupervisor advises the contractor to always adapt these documents and information before use to the (recent) state of law and to the specific situation of the contractor. MySupervisor cannot be held liable for any damage related to or arising from the use of a model agreement or other document used by the contractor, in the broadest sense of the word.

Article 11. Changes and cancellation of the agreement

MySupervisor may terminate or cancel the agreement prematurely if MySupervisor is of the opinion that the execution can no longer take place in accordance with the agreement and objectives of the platform. MySupervisor will inform the contractor of this interim termination or cancellation with reasons and in writing.

Article 12. Force majeure

MySupervisor is not liable to the contractor for any failure to comply with the agreement, if this failure is the result of force majeure.
Force majeure situations include any shortcoming that is not attributable to MySupervisor; if this is not due to its fault, nor is it its responsibility under the law, legal act or generally accepted views, and does not entitle the contractor to terminate the agreement or to any (damage) compensation.
During a force majeure, MySupervisor’s obligations are suspended. If the period in which fulfilment of the obligations by MySupervisor is not possible due to force majeure lasts longer than 2 months, both parties are entitled to terminate the agreement with immediate effect without the other party being entitled to any (damage) compensation in that case.
If MySupervisor has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfill its obligations, it is entitled to invoice the part already carried out or executable separately and the contractor is obliged to pay this invoice as if it were a separate contract. This does not apply if the already executed or executable part has no independent value.

Article 13. Changes to these conditions

MySupervisor reserves the right to unilaterally change these terms and conditions from time to time. The current version of these conditions will be published on the website. Any changes to these terms and conditions will take effect when the changes are published on the website.

Article 14. Applicable law and competent court

Dutch law applies exclusively to every offer, quotation, assignment and agreement between MySupervisor and the contractor. All disputes between MySupervisor and the contractor under an agreement or arising from an agreement between parties or disputes about the existence and validity of the agreement must be submitted exclusively to the competent court of the district where MySupervisor is located.

These General Terms and Conditions were last amended on January 16, 2024.