These Terms of Service are a legally binding agreement between you (hereinafter referred to as the Client or you), and Senseful Mind (hereinafter referred to as Senseful Mind, we, our or us). By using any of the services offered by Senseful Mind, you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms of Service contained herein.

 

Article 1 – Definitions & Interpretation

In this Agreement, unless the context otherwise requires:

• Agreement means the Coaching Agreement, in whatever form, reached between Senseful Mind and the Client according to which Senseful Mind agrees to render Services to the Client. This Agreement comes into force when the Client signs the Coaching Agreement and accepts the applicability of these Terms of Service thereto.

• Client means the party that engages the Services under an Agreement.

• Senseful Mind means the business established under the laws of the Netherlands, under the Chamber of Commerce number 84684283, which offers the Services under these Terms of Service.

• Cooling-Off Period means the legal right under consumer protection legislation that consumers have services bought online to change their mind within 14 days and receive a full refund for services paid for but not used. In line with consumer protection legislation, this only applies to an Agreement where the Client is a person acting in a personal capacity. 

• Fee(s) means the amounts due to Senseful Mind in consideration of the Services rendered.

• Services mean the coaching services as offered by Senseful Mind and agreed upon in an Agreement between the parties.

• Website means our website on www.sensefulmind.com where the Services are advertised.

 

Article 2 - General Applicability and Amendment

1. These Terms of Service apply to all Agreements and all Services offered by Senseful Mind, except where expressly indicated to the contrary.

2. You may not use the Services nor accept these Terms of Service if you are not of legal age or have the required legal capacity to form a binding contract with Senseful Mind.

3. The use of the Services requires the unconditional acceptance by the Client of the applicability of these Terms of Service. It is the responsibility of the Client to read and understand the Terms of Service before retaining any Services. If you do not agree to these Terms of Service, do not use any of our Services.

4. All Terms of Service used by the Client that are contrary to these Terms of Service are hereby rejected and therefore do not apply to the use of any Services by the Client.

5. Where these Terms of Service conflict with an Agreement, the terms of the Agreement will prevail.

6. Any personal data submitted by you to Senseful Mind will be governed by our Privacy Policy.

 

Article 3 – Obligations and Rights of Senseful Mind

1. Senseful Mind shall complete the Services with reasonable skill, care and diligence in accordance with the Agreement. However, Senseful Mind shall only have best effort obligations, not result obligations.

2. As professional coaches, Senseful Mind acknowledges and agrees to honour its ethical obligations in accordance with the International Coaching Federation’s Code of Ethics.

3. Senseful Mind shall have the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.

4. If the Services as agreed need to be amended by Senseful Mind due to a change in circumstances, whereby that change cannot be attributed to Senseful Mind, Senseful Mind may make any such amendments to the Services as it deems necessary.

5. The agreed-upon sessions and their scheduling for the performance of the Services shall be as specified in the Agreement.

6. The Client hereby acknowledges that Senseful Mind is not giving any guarantee of a particular result or outcome of the Services under the Agreement.

7. Senseful Mind shall be entitled to engage subcontractors to perform the Services under the Agreement, either whole or in part. Senseful Mind shall have these third parties enter into relevant confidentiality and data protection obligations.

 

Article 4 – Obligations and Rights of the Client

1. The Client will ensure that all data, tools and information, of which Senseful Mind has stated it is required for the performance of the Agreement, or of which the Client should reasonably understand it to be necessary for such performance, will be provided to Senseful Mind in a timely, complete and correct manner.

2. The Client shall duly inform Senseful Mind of any fact and circumstances that may be relevant in connection with the execution of the Services. The Client shall guarantee the correctness, completeness, and reliability of relevant information provided to Senseful Mind.

3. The Client is required to immediately inform Senseful Mind of any complaint(s) the Client may have. Complaints sent to Senseful Mind should be in writing, containing a detailed description of the issue. Complaints shall under no circumstances lead to Senseful Mind performing any additional Services other than those contained in the Agreement without additional consideration.

4. The Client can contact Senseful Mind by e-mail, SMS, or WhatsApp in between meetings. On business days, the Client will receive a response within 12 hours.

5. The Client may request additional offline time with the coach, which shall be subject to an additional charge. This offline time shall not be a coaching session, but may be anything the Client may require help with which is related to the Services, such as, but not limited to, reviewing documents, reading or writing reports, and so on. A minimum of 1 hour shall be charged for such additional services.

 

Article 5 – The relationship between Senseful Mind and the Client

1. The Client is choosing to voluntarily participate in the Services offered under these Terms of Service. The Services are in no way a substitute for or replacement of professional medical advice, counseling, psychotherapy, psychoanalysis, substance abuse treatment, mental health advice, or therapy. Senseful Mind is not a medical or mental health organisation and can therefore not give a diagnosis or treatment. Any advice given under the Services should be considered a suggestion only and the Client acknowledges that any decision to act upon a suggestion is a decision for which the Client is solely responsible.

2. No advice given under the Services should be considered to be financial, legal, tax, medical, or mental health advice. The Client is encouraged to contact licensed, qualified professionals with expertise in these specific topics.

3. If the Client is currently under any physical, mental, or medical treatment, they are strongly advised to consult with their physician before they participate in the Services.

4. Under certain circumstances, Senseful Mind may advise the that they seek an alternative service that will be more suitable. Senseful Mind shall discuss this with the Client. It is the Client’s responsibility to decide whether to follow up with this advice or not.

5. The Client understands and agrees that to enhance and maximise the coaching relationship, the Client must communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the relationship. 

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Article 6 – Sessions and Cancellation

1. All Agreements are preceded by a free discovery session for the Client. The aim of this discovery session is for the Client and Senseful Mind to determine whether they are a match, and for the Client to understand what the Services entail. During the discovery session, Senseful Mind and the Client will also discuss administrative matters such as timing of sessions, invoicing, contact rules, and so on.

2. Sessions shall be booked and scheduled with mutual agreement between the Client and Senseful Mind.

3. Unless agreed otherwise, the parties hereby agree to hold 3 sessions per month for the duration of the Agreement. Additional sessions may be scheduled in mutual agreement and subject to an additional Fee.

4. If the Client is more than 15 minutes late for any booked session (without a good reason), the session is considered to have been foregone. If the Client informed Senseful Mind in advance regarding their lateness, Senseful Mind will continue the session for the remaining time of the booked session.

5. The Client may reschedule any session by informing Senseful Mind no later than 48 hours in advance of the session. Senseful Mind will offer the Client 3 different options to reschedule. If none of the three options work for the Client, the session will be refunded. Cancellations at any later date and/or time shall not be subject to any refund or rescheduling.

 

Article 7 – Fees and Expenses

1. Upon entering into an Agreement under these Terms of Service, and subject to the provisions of Article 2, the Client enters into a legally binding payment obligation.

2. All prices quoted to the Client shall include the applicable VAT, except if explicitly stated otherwise. Fees will be quoted in Euros (€). Typing errors and price changes are reserved.

3. ​The Client shall pay each invoice submitted by Senseful Mind within 14 days of the date of the invoice. Invoices are issued up front in advance of any Services.

4. If the Client fails to pay any invoice by the due date for payment, Senseful Mind may without prejudice to any other rights:

   • ​suspend the provision of the Services until payment in full (including interest where applied) is received; and/or

   • charge, at its own discretion, interest on the sum outstanding at the statutory rate.

5. If the Client does not pay an outstanding invoice for a period of 60 days, the Client shall be deemed to be in default without any notice thereof being necessary and Senseful Mind will proceed to recovery. The costs related to these proceedings will be borne by the Client. The Client will be liable to Senseful Mind to pay, in addition to the principal sum, the statutory (commercial) interest, (extra) judicial collection costs, legal fees, and possibly other damages.

6. Even where the Client refuses to participate in or cooperate with the Services, the Client shall be liable to pay to Senseful Mind the Fee(s) as agreed in the Agreement.

7. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Client, the claims of Senseful Mind shall be immediately due and payable.

8. The Services are subject to the European Union distance selling regulations and therefore a 14-day Cooling-Off Period is offered to the Client who enters into the Agreement as a consumer (rather than a legal entity). During the Cooling-Off Period, the Client may cancel the Agreement free of charge, and the Client shall receive a full refund from Senseful Mind.

9. Senseful Mind is entitled not to refund the Client for Services already rendered during the Cooling-Off Period.

 

Article 8 – Force Majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, in the event of force majeure, there is no shortcoming attributable to Senseful Mind. Force majeure in these Terms of Service is understood to mean any circumstance independent of the will of Senseful Mind - even if it was foreseeable at the time the Agreement was concluded - which permanently or temporarily prevents the fulfilment of the Agreement, and to the extent not already therein included: (danger of) (civil) war; natural occurrences such as fires, explosions, earthquakes, drought, tidal waves, and floods; riot; strike; transport difficulties; computer malfunctions; power outages; a pandemic, epidemic or any other threat to public health; staff illness; and all other external causes. To the maximum extent permitted by applicable law, Senseful Mind shall not be liable for any compensation for any loss arising from force majeure.

2. ​Failure to fulfill the Agreement by Senseful Mind in the event of force majeure is regarded as a circumstance not attributable to Senseful Mind and therefore does not entitle the Client to any refund or compensation.

3. If the period of force majeure has lasted longer than 30 consecutive days, either Party may terminate the Agreement in whole or in part.

 

Article 9 – Limitation of Liability

1. To the maximum extent permitted by law, Senseful Mind makes no representations or warranties about the accuracy, correctness, quality, or completeness of any information provided on or through the Website.

2. Senseful Mind furthermore makes no representations or warranties regarding its Services. The Services are provided on an “as is” and “as available” basis in the hope to be useful but without any guarantee. Senseful Mind excludes to the fullest extent permitted under the applicable law all warranties and representations, whether express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose, as well as non-infringement of intellectual property rights.

3. Senseful Mind is not liable for possible damage caused under these Terms of Service or under the Agreement, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of Senseful Mind, provided that it has been demonstrated by the Client.

4. The liability of Senseful Mind is at all times limited to (a) value of the Agreement, or (b) the amount compensated by Senseful Mind’s professional liability insurance (whereby the amount shall be increased by the amount of the deductible of the relevant policy).

5. To the maximum extent permitted by law, Senseful Mind shall not be liable for any indirect or consequential damages, including any loss of profit, loss of business, interruption to business, loss of opportunity, use, or goodwill, or any other intangible losses resulting from: (a) your use or inability to use our Services or (b) any conduct of any party other than Senseful Mind itself.

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Article 10 – Intellectual Property

1. “Intellectual Property Rights” shall mean all patents, inventions, models, copyright, trademarks, business and domain names, rights in design, rights in software, moral rights, and any other intellectual property rights, whether registered or unregistered. Any pre-existing Intellectual Property Rights of either party made available in connection with the provision of the Services shall remain vested in that party. The other party hereby receives a license to use those rights insofar as necessary to perform or to enjoy the Services.

2. All Intellectual Property Rights created in the course of the provision of the Services shall belong to Senseful Mind. All rights not expressly granted to the Client are reserved by Senseful Mind.

3. Unless agreed upon otherwise in writing, Senseful Mind shall retain all rights and powers that accrue to it concerning the Intellectual Property Rights in the works produced by it. The ownership of the works and the Services supplied by Senseful Mind, such as ideas, concepts, scripts, texts, images, illustrations, designs, and anything else created by Senseful Mind remains with Senseful Mind. The aforementioned elements that form part of the works produced by Senseful Mind may not be multiplied, reproduced, or modified without written permission.

4. The Client is prohibited from reproducing, duplicating, copying, (re)selling, or exploiting any portion of the Services without the express written permission by Senseful Mind.

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Article 11 – Confidentiality

1. Senseful Mind shall maintain the confidentiality of all confidential information that it receives from the Client or another source in the context of the Agreement. Confidential information shall be any information which is expressly indicated as such, or of which Senseful Mind can reasonably understand it to be confidential.

2. Senseful Mind will take all reasonable steps and precautions to ensure the confidentiality of all such information.

3. The duty to maintain confidentiality shall not apply to information that:

   • at the time it was received by Senseful Mind was already public, or has since been made public without any violation of the duty of confidentiality;

   • of which Senseful Mind can prove it was already in its possession when provided by the Client;

   • was received by Senseful Mind from a third party which was entitled to disclose such information; or

   • Senseful Mind must disclose due to a legal obligation.

 

Article 12 – Term, Termination, and Refunds

1. The Agreement shall commence on the date these Terms of Service have been accepted and shall continue in full force and effect until the date as specified on the Agreement.

2. The Client has the right to put Agreements with a term longer than 1 month on hold, for a maximum of 12 months. The Client may do so in the event that any major events take place, such as a planned vacation/time off, a sabbatical, or an emergency. If the Client does not resume the Agreement within 12 months of putting it on hold, the Agreement is terminated, and the Client shall remain liable to pay all Fees where this has not already been done.

3. The Client may terminate the Agreement at any time. The Client shall however be required to compensate Senseful Mind for all Services already rendered as well as the expenses already incurred for the delivery of future Services.

4. Senseful Mind may terminate the Agreement immediately and without notice if the Client consistently fails to meet their obligations under the Agreement, or if Senseful Mind cannot reasonably be expected to continue the Agreement due to the Client’s behaviour.

5. Either party may terminate an Agreement prematurely without notice to the other party if:

   • ​the bankruptcy of the other party is pronounced;

   • the other party applies for its own bankruptcy or suspension of payment;

   • a substantial part of the other party’s assets is seized; or

   • the other party violates applicable laws or regulations, including (but not limited to) legislation relating to criminal liability, fraud, misappropriation, (bankruptcy) fraud, bribery or corruption.

6. On termination of the Agreement for any reason, the Client shall immediately pay to Senseful Mind any outstanding invoices, and for any Services performed for which no invoice has been sent, Senseful Mind shall submit an invoice which shall be payable immediately on receipt.

7. Provisions herein which expressly or by implication survive termination shall continue in full force and effect.

 

Article 13 – Miscellaneous

1. No Waiver. No failure or delay by any party in exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right, and no waiver by any party of a breach of any provision of these Terms of Service shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

2. Severability. If one or more of the provisions in these Terms of Service are found to be wholly or partially invalid, the remaining provisions will remain in force. Senseful Mind will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.

3. Modification. Senseful Mind may unilaterally change these Terms of Service. The amended Terms of Service are immediately applicable to any Agreements entered into after the amendments have been implemented, and 30 days after the written announcement of the amendment to you for previously existing Agreements if you have not indicated your intention to cancel the Agreement.

4. Future Applicability. By contracting based on these Terms of Service, the Client agrees to the applicability thereof in respect of future agreements between itself and Senseful Mind, even if this is not expressly stated.

5. Entire Agreement. Except as supplemented by additional Terms of Service, policies, guidelines or standards, these Terms of Service contain the entire legal understanding between Senseful Mind and you and supersede any and all prior or written and/or oral understandings or agreements concerning your access to and use of the Services.

 

Article 14 – Governing Law

1. Only the laws and regulations of the Netherlands will apply to the legal relationship between Senseful Mind and you.

2. The courts of the Netherlands are authorised (in the first instance) to take cognizance of any dispute between Senseful Mind and the Client regarding these Terms of Service, the Agreement, or any non-contractual dispute, unless otherwise required by law.

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Article 15 – Contact

​Questions about the Terms of Service can be sent to elena@sensefulmind.com.