Miracle Life Terms and Conditions
Article 1 Scope
These general terms and conditions of delivery apply to assignments to and to all offers and agreements to which Miracle Life is a party, unless expressly agreed otherwise in writing.
All offers are without obligation. Any purchase or other conditions of the client do not apply, unless these have been explicitly accepted in writing by Miracle Life.
Article 2 Entering into an agreement
Agreements and further agreements, which have not been entered into in writing, are only binding after written confirmation on the part of Miracle Life.
Miracle Life’s obligations never go beyond what has been confirmed in writing by Miracle Life.
Article 3 Quotation and conclusion of agreement
All written offers of Miracle Life are without obligation and valid for 5 days after date, unless explicitly stated otherwise in writing in the offer. If the client has not accepted the offer within the aforementioned period, the offer will lapse unless an extension of the offer has been agreed in writing. After expiry of the offer, Miracle Life is entitled to change the offer.
The offer is based on the information provided by the client, whereby Miracle Life may rely on the correctness and completeness thereof.
An agreement is only concluded if the client and Miracle Life
acceptance of the offer, both have signed in writing or confirmed by e-mail.
Article 4 Cooperation by the client
The client will always provide Miracle Life with all useful and necessary data or information for a proper execution of the agreement in time and provide all cooperation.
It is also forbidden to use drugs or alcohol during a session or workshop. If Miracle Life finds that this is the case, Miracle Life can cancel the session or workshop without the right to return the amount paid for the session or workshop.
Article 5 Implementation
Miracle Life assumes a best efforts obligation in the execution of the agreement and will execute this agreement to the best of its knowledge and ability in accordance with the requirements of good workmanship. Miracle Life does not work based on results. The compensation for the work of Miracle Life is for the hours that Miracle Life offers its client. A session will last 1 or 2 hours, unless otherwise agreed prior to the session. A workshop can vary from 2 hours to a full day or weekend. This will be clearly stated in the description of the workshop.
Sometimes a session takes longer, in this case Miracle Life will not charge any additional fees. There is no right to return or discount for fewer hours taken.
Miracle Life will take into account as much as possible reasonable wishes of the client when executing the agreement, provided that this is conducive to a proper execution of the agreement in the opinion of Miracle Life.
If and insofar as a proper execution of the agreement requires this, Miracle Life has the right to have certain work carried out by third parties.
Article 6 Changes and additional work
The parties may agree in the interim that the approach and scope of the agreement and/or the resulting activities will be extended or changed. In principle, additional work will only be carried out if the parties have signed a written further agreement in this regard or confirmed it by e-mail.
These extra activities will be reimbursed by the client according to the usual rates of Miracle Life.
Article 7 Fee
Parties can agree on a rate per hour or a fixed fee when the agreement is concluded.
Article 8 Price and payment
Payment by the client must be made within 14 days after the invoice date or 24 hours before the session or workshop takes place, without discount or settlement by transfer to a bank account to be designated by Miracle Life. Provided that the agreement is that (part of) will be paid in cash, the full amount must be paid before the start of the session or workshop.
The client must pay 100% of the agreed fee in advance, unless the parties have agreed otherwise in writing.
If the client does not pay the amounts due within the agreed period, he will be in default without notice of default. Miracle Life is authorized to hand over the claim in which case the client in addition to the total amount due at that time
will also be obliged to pay extrajudicial collection costs, the amount of which is determined at 15% of the total amount due, and any judicial costs.
If the client objects to an invoice from Miracle Life, the client will indicate this within 14 days after the date of the invoice. The client has up to 14 days after the date of the invoice to motivate this objection in writing. If the client has not complied with the above, the client is deemed to have accepted the invoice.
All prices include VAT and other levies imposed by the government.
Article 9 Time limits
Exceeding an agreed delivery period does not give the client the right to cancel the agreement, or to refuse the purchase of or payment for services, unless he has still set a reasonable period for delivery in writing and Miracle Life will also not have fulfilled its obligations within this period.
Article 10 Force majeure
In case of force majeure, the delivery and other obligations of Miracle Life will be suspended. In that case, Miracle Life is obliged to deliver as soon as this is reasonably possible. Force majeure is equivalent to unforeseen circumstances with regard to persons and / or material that Miracle Life uses or usually uses in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible, or becomes so difficult and / or disproportionately expensive that prompt compliance with the agreement cannot reasonably be required of Miracle Life.
Such circumstances include: government measures, business, traffic and or transport disruptions, malfunctions in the delivery of a finished product, raw materials and / or tools, illness of relatives, strikes, exclusions, obstacles by third parties, unforeseen technical complications by both parties, etc. If miracle life has already partially fulfilled its obligations upon the occurrence of the force majeure Miracle Life is entitled to invoice the already delivered separately and the client is obliged to pay this invoice as if it were a separate transaction.
Article 11 Liability
Except to the extent that this is impossible under Dutch law, any liability is limited to the amount paid out by its liability insurance in the relevant case. If for whatever reason no payment by that insurance should take place, any liability is limited to compensation of the direct damage up to a maximum of the amount of the assignment declared up to the time of the error sum.
The total liability of Miracle Life due to attributable shortcoming in performance of the agreement is limited to compensation of the direct damage up to a maximum of the amount of the assignment declared up to the moment of the error.
For assignments with a duration longer than 1 year, the fee is limited to a maximum of 1 times the annual fee.
The liability of Miracle Life due to attributable shortcoming in the fulfillment of the agreement only arises if the client immediately and properly declares Miracle Life in default in writing, stating a reasonable period to remedy the shortcoming and Miracle Life continues to fail to comply with the obligations even after that period.
Miracle Life is not liable for damage caused by the client failing to provide correct information in a timely manner which Miracle Life, in its opinion, needs for the correct execution of the agreement.
Apart from the above, Miracle Life is not liable for compensation towards the client and / or third parties, regardless of the ground on which an action would be based.
A claim lapses in any case if Miracle Life has not been notified in writing within one year after the discovery of an event or circumstance that gives or may give rise to liability.
Article 12 Cancellation
Miracle Life reserves the right to cancel agreements in whole or in part in the event of such a change in law, regulations, case law or (semi) government policy that compliance can no longer reasonably be required of Miracle Life. In such cases Miracle Life must inform the client of the cancellation in writing. In such cases, the latter is not entitled to claim compensation.
Article 13 Termination
Premature termination of an agreement is only possible up to 1 day before the session or workshop if the parties have expressly agreed this in writing or under payment of the amount due until the original end of the agreement, unless the parties have agreed on another payment in writing.
Article 14 Applicable law
Dutch law applies to all agreements.
Article 15 Disputes
If there is a dispute between the client and Miracle Life, both will initially try to resolve this among themselves. If this does not work, we will take the next step; All disputes between Miracle Life and the client that may arise as a result of this agreement or of agreements and deeds that result from it, will then be settled by means of legal proceedings before the competent court in Amsterdam.
All reasonably incurred judicial and extrajudicial costs, which are the result of non-compliance by the client with obligations arising from the agreement, will be borne by the client.
Article 16 Indemnification
The client will indemnify Miracle Life against any action insofar as it is based on the statement that the application, or use, of information provided by the client results in an infringement of any intellectual property law applicable in the Netherlands.
Article 17 Final provision
Miracle Life is authorized to change these general terms and conditions. The most recently filed version of the general terms and conditions always applies.
In the event that one or more provisions of these general terms and conditions prove to be null and void or are annulled, these general terms and conditions will otherwise remain in force. For the void or annulled provision(s), a legally valid provision will then take place, which is as close as possible to the void or annulled provision(s) with regard to the content, purport and consequence.
The client is not entitled to transfer his rights and obligations under the agreement without the prior written consent of Miracle Life.
This version was last updated in July 2021