The following terms and conditions are part of all proposals and agreements related to assignments carried out by L.C. Cohen Management B.V. (sole owner of this website and hereafter referred to as 'LCCMBV'), in the context of its career counseling activities.
In the execution of agreements with its clients, LCCMBV will exercise due care and take into account the interests of its clients to the best of its ability.
1. Client
The individual manager/professional to whom LCCMBV's activities relate is considered to be the client. This applies regardless of who ultimately receives and/or pays the invoice for LCCMBV's activities.
2. Exclusivity
LCCMBV operates on the basis of exclusivity. This means that, for the duration of the assignment, LCCMBV holds the exclusive right to provide career counseling activities for a particular client. Exceptions to this may be made for specific (temporary) situations through mutual agreement between the client and LCCMBV.
3. Start of Assignment
An assignment starts with an engagement letter. This document describes the assignment, including the associated fees. By approving the engagement letter per email, the client confirms the assignment and accepts the terms under which the assignment will be carried out.
Any amendments, additions, or other modifications proposed by the client regarding the assignment confirmation are binding only if confirmed per email by both the client and LCCMBV.
4. Responsibility
LCCMBV is responsible for guiding and advising the client in all aspects of his/her career for the duration of the assignment.
The client remains solely responsible for their ultimate career choices at all times.
Therefore, LCCMBV is not liable for the consequences of career decisions made by the client during or as a result of an assignment carried out by LCCMBV, with respect to the client's personal and material circumstances. LCCMBV is also not liable for any consequences arising from the client's employment with third parties during or as a result of an assignment, including any damage caused by the client's actions or omissions.
5. Confidentiality
Unless otherwise agreed between LCCMBV and the client, LCCMBV will maintain strict confidentiality, both with regard to all substantive aspects of the various LCCMBV trajectories, and with regard to all documents and details made available by the client during the assignment, and with regard to all other information obtained from third parties regarding the client and his/her personal and work environment. This explicitly also applies to the client's employer at that time.
In addition, LCCMBV will maintain strict confidentiality with regard to the name and identity of the client, unless the client has given permission to make this information available to the relevant parties involved in the assignment.
6. Protection of the client's employer
LCCMBV will maintain strict confidentiality regarding the names and identities of other employees involved in the assignment within the client's organization, unless these individuals have granted permission to disclose such information to other relevant parties involved in the assignment.
7. Fees and billing
The fee arrangement for an LCCMBV assignment may consist of (a combination of) three elements:
- a one-time fixed fee for a one-time program or project, agreed upon and confirmed by the client and LCCMBV at the start of the assignment;
- an annual fixed fee for annually recurring activities, which is agreed upon and confirmed by the client and LCCMBV at the start of the assignment and is confirmed annually (possibly adjusted) by both parties;
- a fixed or variable fee for possible other activities, based on the actual or anticipated hours spent x hourly rate + eventual costs, as agreed upon and confirmed in advance by the client and LCCMBV.
LCCMBV invoices its fees at the agreed times to the client or - in consultation with the client - to an employer. Upon request, LCCMBV will provide an overview of the work performed and/or the costs incurred at any time.
All fees are exclusive of VAT. Additionally, international travel and accommodation expenses incurred by LCCMBV are not included in the fee and will be invoiced separately after the client's approval.
8. Payment
Fees are payable within 15 days of the invoice date, unless other arrangements have been made. If payment obligations are not met within the agreed period, LCCMBV is entitled to suspend its work on the assignment until the outstanding amount is paid. The client remains fully responsible and liable for payment to LCCMBV, even when fees have been invoiced to and will be paid by the employer of the client.
If it becomes apparent at any time that this employer cannot meet the stated payment terms, the invoicing may be advanced proportionally.
9. Termination
An assignment can be terminated at any time by the client and/or LCCMBV after consultation with the other party; termination is binding only when confirmed per email.
Upon termination of an assignment, the agreed fees and expenses invoiced before the moment of termination must still be paid to LCCMBV.
10. Applicable law and disputes
Dutch law applies to any assignment with LCCMBV and the associated agreements herewith. Disputes, including those deemed as such by one of the parties, relating to an assignment with LCCMBV or its associated agreements, shall be submitted to the competent court in Amsterdam.
