Article 1: Definitions
In these general terms and conditions, the following terms are defined as:
- Contractor: Therapist Claus Mullie - Three Key Therapy.
- Contracting party: The client and/or employer.
- Client: The individual receiving therapy, coaching, or other services provided by the contractor.
- Services: All work commissioned or arising from the assignment, in the broadest sense.
- Agreement: Any arrangement between the client and the therapist for the provision of services by the therapist for the benefit of the client.
Article 2: Applicability of these Terms
- These general terms and conditions apply to all quotes and agreements in which the contractor offers or provides services in the context of their profession.
- Deviations from these terms are valid only if agreed in writing by both the contracting party and the contractor.
- These general terms and conditions also apply to additional assignments and follow-up assignments from the contracting party.
Article 3: Applicable Regulations
- The contractor performs services in accordance with the Ethical Code. Three Key Therapy is affiliated with the professional association CAT (Collectief Alternatieve Therapeuten), which includes insurance partner BAT (Beroepsverzekeraar Aanvullende Therapeuten) and an independant complaints and disputes commission GAT (Geschilleninstantie Alternatieve Therapeuten), in accordance with WKKGZ (Wet kwaliteit, klachten en geschillen zorg).
Article 4: Execution of the Agreement
- Every agreement commits the contractor to a best-efforts obligation, not a results obligation.
- The contractor is responsible for providing the agreed services with the due care expected from a professional therapist.
- The client must ensure that all relevant information required for the contractor to perform services effectively is provided in a timely manner.
Article 5: Confidentiality
- The contractor must keep all confidential information obtained from the contracting party or other sources strictly confidential unless disclosure is required by law or a government authority. Information is considered confidential if it has been communicated as such or is inherently confidential.
- Conversations, sessions, and other contacts between the contractor and the client are considered strictly confidential. The contractor will not disclose any information about these interactions to anyone, including the contracting party, unless the client explicitly gives permission.
Article 6: Fees and Costs
- Unless agreed otherwise, the contractor’s fee is either a predetermined amount per agreement or service, or calculated based on time worked.
- Additional costs, such as travel expenses, may be charged separately, provided this has been agreed in advance with the contracting party.
- All fees are exclusive of VAT unless explicitly stated otherwise.
Article 7: Payment
- Payment must be made within 14 days of the invoice date.
- After the expiration of 14 days from the invoice date, the contracting party is in default. From the moment of default, the contracting party owes the contractor a late payment interest equal to the statutory interest.
- Payments from the contracting party will first be applied to accrued interest and costs, and then to the oldest outstanding invoices, regardless of any payment instructions.
- If there are multiple contracting parties, each is jointly and severally liable for the payment of the total invoice amount if the work was carried out for all contracting parties.
Article 8: Collection Costs
- If the contractor takes collection measures against a defaulting contracting party, the contracting party is responsible for collection costs, estimated at a minimum of 15% of the outstanding invoices. These costs exclude fees for collection agencies, bailiffs, and legal representation.
Article 9: Liability
- The contractor is liable only for damages directly caused by intentional misconduct or gross negligence.
- If the contractor is held liable for damages, liability is limited to the amount covered by the contractor’s insurance, plus any applicable deductible, with a maximum of €5,000.
- In the absence of an insurance payout, the contractor’s liability is limited to the fee for the related assignment, with a maximum of €5,000.
- The contractor is not liable for indirect damages, including consequential damages, lost profits, or business interruptions.
- The contractor will exercise due care when involving third parties (such as advisors or service providers), but is not responsible for any errors or shortcomings of these third parties.
- The contracting party indemnifies the contractor against claims from third parties arising from the execution of the agreement.
- Any claims from the contracting party must be submitted within six months of discovering the damage.
Article 10: Personal Data
- By entering into an agreement with the contractor, the contracting party consents to the automatic processing of personal data obtained in the context of the agreement. This personal data will only be used for purposes related to the agreement.
- Three Key Therapy privacy policy is available here.
Article 11: Cancellation Conditions
- Cancellations of therapy must be made by phone or in writing (e.g., by email).
- Cancellations within 48 hours of the appointment are free of charge.
- Cancellations within 24 hours of the appointment will be charged in full.
Article 12: Termination of the Agreement
- The contractor may terminate the agreement immediately, without judicial intervention, by sending a registered letter if the contracting party fails to pay the invoice within 14 days of a written reminder.
- Either party may terminate the agreement if circumstances beyond their control (force majeure) make the fulfillment of the agreement impossible.
Article 13: Dispute Resolution
- Any disputes arising from this agreement will be submitted to the competent court in the district where the contractor’s office is located, unless otherwise agreed.
Article 14: Complaints Procedure
- Complaints about services provided must be submitted in writing within 14 days after discovery of the cause of the complaint.
- The contractor will respond to the complaint within 14 days of receipt and strive to resolve it to the satisfaction of both parties.
- If no agreement is reached, the parties may seek mediation or arbitration.
Article 15: Amendment of Terms and Conditions
- The contractor reserves the right to amend or supplement these general terms and conditions. Any changes will be communicated to the contracting party in writing and will take effect 14 days after the date of communication.