Terms & Conditions

Article 1. Definitions

1.1.  “Ncourage”: the practice led by Susan der Kinderen (PhD), Registerpsycholoog NIP A&O, including activities under the names “Ncourage” and “Clearyourhead”.

1.2.  “Client”: the individual or organization engaging Ncourage for coaching, training, workshops, or relatedservices.

1.3.  “Engagement Letter”: the written agreement detailing the scope of services, fees, and any additionalarrangements.

1.4.  “Services”: all activities including coaching, counselling, workshops, training, peer group sessions,consulting, or other psychological support, details of which are specified in the Engagement Letter.

1.5.  “Process”: the agreed period and structure in which Services are delivered.

Article 2. Applicability

2.1.  These Terms apply to all agreements between Ncourage and the Client, unless explicitly agreed otherwisein writing.

2.2.  By accepting a proposal or commencing a Process, the Client accepts these Terms.

Article 3. Scope of the process

3.1.  The process begins with a shared understanding of the goals, expectations, methods and parameters regarding time and duration.

3.2.  A written pricing proposal, together with a description of the agreed Process will be set out in the Engagement Letter. Amendments or supplements must be agreed in writing by both parties.

3.3.  Ncourage may engage qualified third parties or digital platforms (e.g., for assessments or survey tools) to support the Services. These are selected with due care. Ncourage is not liable for the performance of third-party providers unless in cases of gross negligence on the part of Ncourage.

3.4.  The Client remains responsible for their own development, actions, and implementation of insights gained during the Process.

Article 4. Duration of the agreement and termination

4.1.  The agreement continues for the duration of the Process unless otherwise agreed.

4.2. Either party may terminate with immediate effect in case of material breach not remedied within a reasonable period, or in the event of insolvency or business closure.

Article 5. Cancellation of appointments/trainings

5.1.  Individual appointments must be cancelled at least 24 hours in advance. Late cancellations or no-shows will be charged in full.

5.2.  For group workshops or training, the following cancellation fees apply:
a. 100% if cancelled within 7 days
b. 50% if cancelled within 8 to 14 days
c. 25% if cancelled within 15 to 30 days

Article 6. Confidentiality.

6.1.  Ncourage treats all client-related information confidentially, and does not share it with third parties unless legally required or with explicit client consent.

6.2.  Ncourage reserves the right to not retain any session notes or file information beyond a year of ending the engagement. Data collected via third-party tools will be retained in accordance with the retention period defined in the data processing agreement with the provider or until such

Article 7. Data Protection and Privacy

7.1.  Ncourage processes personal data in compliance with the General Data Protection Regulation (GDPR).

7.2.  Where third-party tools are used (e.g., survey or feedback platforms), Ncourage ensures these parties meet privacy standards and have data processing agreements in place.

7.3.  Clients are informed if anonymized or aggregated data may be used for analysis or reporting purposes. No personally identifiable data will be shared without consent.

7.4.  Personal data will be retained only as long as necessary for the delivery and evaluation of Services, unless legal retention duties apply.

Article 8. Invoicing and payment

8.1.  Invoices will be issued as agreed in the Engagement Letter. If not specified, Ncourage may invoice monthly or upon completion of the Process.

8.2.  Payment is due within 30 days. Late payment may result in interest charges and suspension of Services. Collection costs will be charged to the Client and include the costs of lawyers, bailiffs and collection agencies, all determined in accordance with the applicable or customary rates.

Article 9. Intellectual property rights

9.1.  Materials, methods, and content developed or used by Ncourage remain its intellectual property. These may not be reproduced or distributed without written permission.

Article 10. Liability

10.1. Under no circumstances shall Ncourage be liable to the Client or any other party for any loss of profits, business, revenue or goodwill and/or indirect or consequential loss and damage.

10.2. Ncourage’s liability under this agreement shall, to the maximum extent permitted by law, be limited to a claim for damages up to the amount actually paid by the Client to Ncourage for the Services rendered. Such a damages claim shall be the Client’s exclusive remedy against Ncourage for any claim related to this agreement and/or the Services rendered.

Article 11. Professional Conduct and Complaints

11.1. Ncourage adheres to the ethics and standards of behaviour established by the Nederlandse Instituut van Psychologen (the “NIP”).

11.2. Complaints will first be addressed in conversation. If unresolved, the Client may contact the NIP for further assistance.

Article 12. Applicable law

12.1. The General Terms shall be governed by the laws of the Netherlands. The courts in Amsterdam, the Netherlands, shall have exclusive jurisdiction to resolve any dispute between the parties in relation to this agreement.

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