Terms and Conditions

Terms and conditions are provisions in which we record everything about an agreement that we make together with you.

ARTICLE 1: DEFINITIONS

1.1 In these general terms and conditions, the following terms are used in the following meaning unless explicitly stated otherwise.

1.2 Entrepreneur / Client: Hercules Workouts (owner: Simon Brummel) who gives instructions for the work performed.

1.3 Contractor / Coachee: The person for whom online coaching, coaching / counseling work is performed.

1.4 Services: All services provided by Hercules Workouts for the coachee. This includes the coaching / counseling activities and all other services that are performed for the benefit of the coachee.

1.5 General terms and conditions can be found on the website and can be requested from Hercules Workouts.

1.6 The general terms and conditions apply to all coaching / counseling processes that are concluded by Hercules Workouts.

ARTICLE 2: GENERAL

2.1 These terms and conditions apply to every offer, quotation and agreement between Hercules Workouts and a client to which Hercules Workouts has declared these terms and conditions applicable, in so far as these conditions have not been deviated explicitly by the parties in writing or by e-mail.

2.2 These conditions also apply to all agreements with Hercules Workouts, for the implementation of which third parties must be involved.

2.3 Any deviations from these general terms and conditions are only valid if expressly agreed in writing or by e-mail.

2.4 The applicability of any purchase or other conditions of the client is explicitly rejected.

2.5 If one or more of the provisions in these general terms and conditions or in the corresponding agreement is null and void or become void, the other provisions of these general terms and conditions and agreement remain fully applicable. Hercules Workouts and the client will then enter into consultation in order to agree on new provisions to replace the null and void or nullified provisions, whereby the purpose and the scope of the original provision will be taken into account if and for as far as possible.

ARTICLE 3: OFFERS AND QUOTATIONS

3.1 All offers are without obligation unless the offer expressly states otherwise in writing or by e-mail.

3.2 The prices in the aforementioned offers and quotations include VAT and other government levies, as well as any costs to be incurred within the framework of the agreement, including shipping and handling costs unless otherwise indicated.

3.3 If the acceptance deviates (on minor points) from the offer included in the quotation, Hercules Workouts is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance unless Hercules Workouts indicates otherwise.

3.4 A composite quotation does not oblige Hercules Workouts to perform part of the assignment against a corresponding part of the stated price.

3.5. Offers or quotations do not automatically apply to future assignments.

Article 3a – Right of withdrawal for the delivery of services
When providing services, the consumer has the option to terminate the contract without giving any reason within seven working days, starting on the day of entering into the agreement. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.

Article 3b– Costs in the event of withdrawal of the consumer
If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.

Article 3c – Exclusion of right of withdrawal from the consumer
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:
– Which have been created by the entrepreneur in accordance with the specifications of the consumer;
– These are clearly personal in nature (this includes coaching and personal schedules);
– Which cannot be returned due to their nature;
– That can spoil or age quickly; the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
– For individual newspapers and magazines;

For audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services whose delivery has begun with the express consent of the consumer before the reflection period has expired.

ARTICLE 4: PERFORMANCE OF THE AGREEMENT, INFORMATION AND RESOURCES

4.1 Hercules Workouts will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship, on the basis of the expertise that the client can reasonably expect from Hercules Workouts. However, Hercules Workouts can not guarantee the achievement of a single result (intended by the client and / or coachee).

4.2 Hercules Workouts determines the manner in which and by which person (s) the assignment is carried out while taking into account the wishes expressed by the client as much as possible. If and insofar a proper execution of the agreement requires, Hercules Workouts has the right to have certain work done by third parties.

4.3 The client shall ensure that all data, as well as changes therein, in the form and in the manner of which Hercules Workouts indicates that these are necessary or of which the client should reasonably understand that these are necessary both at the start and during (for ) the execution of the agreement, timely and proper to Hercules Workouts coaching are provided. If the data required for the performance of the agreement have not been provided to Hercules Workouts on time or in a proper manner, Hercules Workouts has the right to suspend the execution of the agreement and / or the extra costs resulting from the delay according to the usual rates. to charge the client.

4.4 The Client guarantees the correctness, completeness, and reliability of the data, resources and facilities provided to Hercules Workouts by or on behalf of it. Hercules Workouts is not liable for damage, of whatever nature, because Hercules Workouts is based on incorrect and / or incomplete data provided by the client unless this inaccuracy or incompleteness should have been known to Hercules Workouts.

4.5 The Client is obliged to immediately inform Hercules Workouts of changes in the information provided, etc., or of other facts and circumstances that may be of importance in connection with the performance.

4.6 If it has been agreed that the agreement will be executed in phases, Hercules Workouts may suspend the execution of those parts belonging to the following stage until the client has approved the results of the preceding phase in writing or by e-mail.

ARTICLE 5: MODIFICATION OF THE AGREEMENT

5.1 If it becomes apparent during the execution of the agreement that it is necessary for a proper execution to change or supplement the work to be performed, the parties shall adjust the agreement accordingly in good time and in mutual consultation.

5.2 If the parties agree that the agreement is amended or supplemented, the time of completion of the execution can be influenced as a result. Hercules Workouts will inform the client of this as soon as possible. The amendment or supplement to the agreement does not entitle the client to compensation.

5.3 If the change or supplement to the agreement will have financial and / or qualitative consequences, Hercules Workouts will inform the client in advance. Hercules Workouts is entitled to charge additional costs to the client.

5.4 If a fixed fee has been agreed, Hercules Workouts will indicate to what extent the change or supplement to the agreement will result in an exceeding of this fee.

ARTICLE 6: CONTRACT TIME; EXECUTION TERM

6.1 The agreement between Hercules Workouts and a client is entered into for an indefinite period of time unless the nature of the agreement dictates otherwise or the parties expressly agree otherwise in writing or by e-mail.

6.2 If a term has been agreed within the term of the agreement for the completion of certain activities, this is never a fatal deadline. In the event that the execution period is exceeded, the client must, therefore, notify Hercules Workouts in writing or by e-mail.

6.3 The contract can - unless it has been established that execution is permanently impossible - not be terminated by the client due to deadlines unless Hercules Workouts coaching does not or does not fully execute the agreement within a reasonable period of time after the agreed delivery term has been communicated in writing or by e-mail.

ARTICLE 7: TERMINATION

7.1 Each of the parties is entitled to terminate the agreement with due observance of a reasonable period by the end of a calendar month by termination unless the parties have agreed otherwise. Cancellation must be done in writing or by e-mail.

7.2 If the agreement is terminated prematurely (in case the agreement is entered into for a definite period of time) by the client, Hercules Workouts is entitled to compensation because of the resulting occupancy loss, unless there are facts and circumstances on which the cancellation is based Hercules Workouts are immutable. In addition, the client is then obliged to pay the invoices for work done up to that time.

7.3 If the agreement is terminated prematurely by Hercules Workouts, Hercules Workouts will, in consultation with the client, ensure the transfer of work still to be performed to third parties, unless there are facts and circumstances underlying the termination that can be attributed to the client.

7.4 If the transfer of the work for Hercules Workouts entails extra costs, the client is obliged to pay these to Hercules Workouts with due observance of the provisions of Article 8 and 9 of these general terms and conditions.

ARTICLE 8: HONORARIUM

8.1 Parties can agree on a fixed fee when the agreement is concluded.

8.2 If no fixed fee is agreed, the fee will be determined on the basis of hours actually spent. The fee is calculated according to the usual hourly rates of Hercules Workouts, valid for the period in which the work is performed unless a deviating hourly rate has been agreed upon.

8.3 The fee and any cost estimates are exclusive of VAT for companies and authorities and including VAT for individuals.

8.4 If Hercules Workouts agrees a fixed fee or hourly rate with the client, Hercules Workouts is nevertheless entitled to increase this fee or rate, for example in case of amendment or supplementation of the agreement.

8.5 Hercules Workouts is also entitled to pass on price increases if the rates with regard to, for example, wages have increased between the time of the offer and delivery.

ARTICLE 9: PAYMENT

9.1 Payment must be made for online services for the start of services and for on-site services after these services have ended. For companies and institutions find payment within 14 days after the invoice date, without any deduction, discount or settlement by deposit or transfer to the bank or giro account specified by Hercules Workouts. Objections against the amount of the invoices do not suspend the payment obligation.

9.2 If the client fails to pay within the period of 14 days then the client is legally in default. The client then owes an interest equal to the applicable statutory commercial interest. The interest on the due and payable amount will be calculated from the moment that the client is in default until the moment of payment of the full amount, whereby a part of a month is counted as a full month.

9.3 In case of liquidation, bankruptcy, attachment or suspension of payment of the client, the claims of Hercules Workouts on the client are due immediately.

ARTICLE 10: COLLECTION COSTS

10.1 All reasonably related by Hercules Workouts the judicial
and extrajudicial (collection) costs incurred by the client for non-payment or late fulfillment of his payment obligations are at the expense of the client.

10.2 The Client owes interest on the collection costs incurred.

ARTICLE 11: RESEARCH, ADVERTISING

11.1 Complaints about the work performed must be reported by the client to Hercules Workouts in writing or by e-mail within 30 days of discovery, but no later than 60 days after completion of the relevant work. The notice of default must contain as detailed a description as possible of the shortcoming, so Hercules Workouts is able to respond adequately. An advertisement does not suspend the payment obligation of the client, except insofar as the Hercules Workouts has informed the client in writing or by e-mail that it considers the advertisement to be (partially) well-founded.

11.2 If a complaint is well-founded, Hercules Workouts will still perform the work as agreed, unless this has become demonstrably pointless for the client. The latter must be made known by the client in writing or by e-mail.

11.3 If the performance of the agreed work is no longer possible or useful, Recurses Workouts coaching can repay part of the already paid fee without giving further execution to the assignment and Hercules Workouts may only be liable within the limits of Article 15.

ARTICLE 12: EXPIRY TERM

12.1 Without prejudice to the provisions of article 11, the client is obliged, if it is or remains the opinion that Hercules Workouts has not executed the contract in time, not completely or improperly, this - unless this has already been done on the basis of the provisions of article 11.1 - immediately notify Hercules Workouts in writing or by e-mail and make claims based thereon within one year of the date of the notification referred to above, or within one year, after such notice should have been made, to enforce legal proceedings, in the absence of which all his rights and claims in this matter lapse due to the expiration of the aforementioned term.

ARTICLE 13: SUSPENSION AND DISSOLUTION

13.1 Hercules Workouts is entitled to suspend the fulfillment of the obligations or to dissolve the agreement if:
– The client does not or not fully comply with the obligations of the agreement.
– After the conclusion of the agreement, Hercules Workouts learns of circumstances giving good ground to fear that the client will not fulfill the obligations. In the event that there is a good reason to fear that the client will only partially or improperly fulfill its obligations, the suspension is only permitted insofar as the shortcoming justifies it.
– The client is requested to provide security for the fulfillment of his obligations under the agreement when the contract is concluded and this security is not provided or is insufficient.

13.2 Hercules Workouts is furthermore authorized to dissolve the agreement (or have it dissolved) if circumstances arise which are of such a nature that fulfillment of the agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if other circumstances arise which nature that unaltered maintenance of the agreement cannot reasonably be expected.

13.3 If the agreement is dissolved, the claims of Hercules Workouts on the client are immediately due and payable. If Hercules Workouts suspend the fulfillment of his obligations, he will retain his rights under the law and agreement.

13.4 Hercules Workouts always reserves the right to claim compensation.

ARTICLE 14: RETURN TO BE MADE AVAILABLE

14.1 If Hercules Workouts has made goods available to the client in the execution of the agreement, the client is obliged to return the delivered goods to their original condition, free of defects and in full, at the first request of Hercules Workouts.

14.2 If the client defaults on the obligation to return, mentioned under 1., the client is obliged to reimburse Hercules Workouts for the resulting damage and costs, including the costs of replacement.

ARTICLE 15: LIABILITY

15.1 Hercules Workouts is only liable for damage suffered by the Client / Coachee, which is the direct and exclusive consequence of a shortcoming in the performance of the assignment attributable to Hercules Workouts, insofar as this is the result of non-compliance with Hercules Workouts of the care, expertise, and craftsmanship that may be relied on within the framework of the relevant assignment. The following restrictions must be observed.

15.2a Not eligible for compensation is the trading loss, loss of income and the like caused by whatever cause.

15.2b The Contractor is never liable for damage caused by intent or gross negligence of third parties.

15.2c The damage to be compensated by the Contractor shall be moderated if the price to be paid by the Client is small in proportion to the extent of the damage suffered by the Client.

15.2d The Contractor's liability shall at all times be limited to a maximum of the amount of the price stipulated for that agreement. If the agreement is mainly a continuing performance contract with a term of more than six months, the stipulated price is set at the total of the fees stipulated for three months.

ARTICLE 16: INDEMNITIES

16.1 The client indemnifies Hercules Workouts against claims of third parties with regard to intellectual property rights on materials or data provided by the client, which are used in the execution of the agreement.

16.2 If the client provides Hercules Workouts with information carriers, electronic files or software etc., the latter guarantees that the information carriers, electronic files or software are free of viruses and defects.

16.3 The Client indemnifies Hercules Workouts against claims by third parties in respect of damage, which is related to or ensues from the assignment performed by Hercules Workouts, if and insofar as Hercules Workouts is not liable to the Client pursuant to the provisions of Article 15.

ARTICLE 17: FORCE MAJEURE

17.1 The parties are not obliged to comply with any obligation if they are prevented from doing so as a result of a circumstance that is not due to the fault, and that neither under the law, a legal act or generally accepted practice is for their account.

17.2 Force majeure is understood in these general terms and conditions in addition to what is understood in the law and jurisprudence, all external causes, foreseen or not foreseen, on which Hercules Workouts can not exert influence, but as a result of which Hercules Workouts is unable to fulfill the obligations. to come.

17.3 Hercules Workouts also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Hercules Workouts should have fulfilled its obligations.

17.4 During the period that the force majeure continues, the parties can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damage.

17.5 For as many Hercules Workouts at the time of the occurrence of force majeure have partially fulfilled its obligations under the agreement or will be able to fulfill them, and the part to which the fulfilled or future part is due, Hercules Workouts has the right to fulfill or comply with it. to declare separately. The client is obliged to pay this invoice as if it were a separate agreement.

ARTICLE 18: CONFIDENTIALITY

18.1 Both parties are obliged to keep confidential all confidential information that they have received from each other or from another source within the framework of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.

18.1 Both parties are obliged to keep confidential all confidential information that they have received from each other or from another source within the framework of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.

ARTICLE 19: INTELLECTUAL PROPERTY AND COPYRIGHTS

19.1 Without prejudice to the other provisions in these general terms and conditions, Hercules Workouts retains the rights and powers for which Hercules Workouts is entitled under the Copyright Act.

19.2 All documents provided by Hercules Workouts, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are exclusively intended to be used by the client and may not be reproduced by him without the prior permission of Hercules Workouts. made, or brought to the notice of third parties, unless otherwise ensues from the nature of the documents provided.

19.3 Hercules Workouts reserves the right to use the knowledge gained through the execution of the work for other purposes, in so far no confidential information is brought to the knowledge of third parties.

ARTICLE 20: DISPUTES

20.1 The judge in the place of business of Hercules Workouts is exclusively authorized to take cognizance of disputes unless provisions of imperative law dictate otherwise.

20.2 The parties will first appeal to the court after they have made every effort to settle a dispute in mutual consultation.

20.3 All legal relationships between Hercules Workouts and the client to which these general terms and conditions apply are governed by Dutch law. The Vienna Sales Convention is explicitly excluded.

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