Terms & Conditions

1. Definitions
The following definitions apply to these General Terms and Conditions:
Contractor: Linden, registered with the Chamber of Commerce under number 69963177, operating under the trade names Linden Strategy, Linden Innovation, and Linden Marketing, located at ‘t Patronaat, Helmond, Netherlands.
Client: the legal entity or natural person entering into an agreement with the Contractor for the provision of services.
Participant: a person who participates in training, workshop, or coaching on behalf of or via the Client.
Services: all training, coaching, consultancy, workshops, sprints, and programs offered by the Contractor, delivered on-site, online, with open enrollment, or in-company.
Days: in these General Terms and Conditions, ‘days’ means calendar days, unless explicitly stated otherwise.

2. Applicability
2.1 These General Terms and Conditions apply to all offers, quotations, and agreements between the Contractor and business clients (B2B). Additional or different conditions may apply to consumers (B2C).
2.2 Deviations from these terms are only valid if agreed upon in writing between the parties.
2.3 These terms take precedence over any general conditions of the Client, insofar as they conflict with the provisions herein.

3. Service Offerings
3.1 Contractor provides the services mentioned in Article 1.
3.2 All materials provided by the Contractor remain the property of the Contractor or the original rights holder. The Client receives a non-exclusive, non-transferable right of use for the provided materials for internal business purposes. It is prohibited to distribute, commercially exploit, or modify these materials without the Contractor’s prior written consent.
3.3 Intellectual property rights of the provided materials remain with the Contractor or third parties, including licensors, partners, and copyright holders of the materials used.
3.4 Although the Contractor performs the services to the best of their knowledge and ability, the results, especially outcomes from workshops, sprints, and programs—partially depend on the active cooperation and commitment of the Client and Participants.
3.5 The Contractor reserves the right to change the content and scheduling of services if necessary. The Client will be notified of such changes promptly.

4. Formation of Agreements
4.1 An agreement is formed when the Client provides written approval of a quotation or order confirmation from the Contractor, or upon receipt of payment for the agreed services, unless parties agree otherwise in writing. Without explicit written approval, an agreement may also arise if the Contractor begins performing services with the Client’s consent.
4.2 Quotations from the Contractor are non-binding unless explicitly stated otherwise, and are valid for 30 days unless otherwise indicated in the quotation.
4.3 Quotations and associated documents are confidential and must not be shared with or used by third parties without prior written consent from the Contractor.

5. Payment Terms
5.1 Payments must be made in advance, no later than 14 days from the invoice date unless otherwise agreed.
5.2 Installment payments may be agreed upon if explicitly stated in the agreement. Full payment must be completed before services are delivered.
5.3 All prices exclude 21% VAT and are expressed in Euros. Payments must include VAT unless otherwise agreed.
5.4 If payment is overdue, a reminder will be sent with an additional payment period of 7 days. If payment remains unpaid, the Contractor reserves the right to engage a collection agency or pursue legal action.
5.5 In case of late payment, the Contractor will charge statutory commercial interest and any collection costs as per statutory provisions.

6. Cancellation
6.1 Cancellation by the Client must be in writing.
6.2 Cancellations made up to 30 days before the agreed start date will incur 50% of the agreed fee. Cancellations between 30 and 15 days prior to the start date will incur 75% of the fee. Cancellations within 15 days before the start date incur 100% of the fee, except in cases of force majeure.
6.3 Cancellation after these periods is not possible unless in a force majeure situation. By agreement, the appointment can be rescheduled or, for open-enrollment workshops, a substitute participant can be provided.
6.4 The Contractor reserves the right to cancel an open-enrollment service, such as training or workshops, if the minimum number of participants is not met. In this case, payments made will be refunded, or the Client can choose an alternative date.
6.5 In the event of unforeseen circumstances such as serious illness or other force majeure situations, cancellation can be arranged in consultation with an adjusted fee.

7. Delivery and Execution
7.1 The Contractor will execute services to the best of their knowledge and ability.
7.2 If service delivery is delayed due to force majeure, obligations will be suspended and a revised schedule will be agreed upon.
7.3 If the Contractor is unable to deliver services due to illness or unforeseen circumstances, an alternative date or a substitute professional will be offered.

8. Liability
8.1 The Contractor is not liable for indirect damage, including lost revenue, missed opportunities, consequential or intangible damages.
8.2 The Contractor’s liability is limited in all cases to the invoice amount of the respective assignment, excluding VAT, unless there is intent or deliberate recklessness.
8.3 The Contractor is not liable for damage resulting from improper use of services by the Client or Participants.
8.4 Participation in training and workshops is at one’s own risk. The Contractor is not liable for loss, theft, or damage to property belonging to the Client or Participants.

9. Complaints
9.1 Complaints about delivered services must be submitted in writing within 7 days after delivery.
9.2 The Contractor will assess the complaint within a reasonable timeframe and, if justified, agree on a suitable solution in consultation.

10. Termination of Agreement
10.1 The Contractor reserves the right to terminate the agreement immediately in case of non-payment, breach of terms, or force majeure.
10.2 The Client may only terminate the agreement in the event of substantial non-performance by the Contractor, after a written notice of default and a reasonable period for remedy has elapsed.
10.3 Upon termination of the agreement, payment obligations for services already provided remain fully enforceable.

11. Privacy and Data Protection
11.1 The Contractor processes personal data for registration, billing, and marketing according to the General Data Protection Regulation (GDPR).
11.2 Specific terms regarding data processing are included in the Contractor’s privacy statement, available on the website.

12. Applicable Law and Disputes
12.1 Dutch law applies to all agreements.
12.2 Disputes arising from the agreement shall be exclusively submitted to the competent court in Oost-Brabant.

13. Force Majeure
13.1 In cases of force majeure, including natural disasters, pandemics, or technical malfunctions, the Contractor’s obligations are suspended until the situation is resolved or adjusted in consultation.
13.2 If the force majeure lasts longer than 60 days, both parties may terminate the agreement in writing without liability for damages. Services already delivered will be charged pro-rata.

14. Other Provisions
14.1 If a provision of these terms is null or voidable, the remaining provisions remain fully effective.
14.2 The Contractor reserves the right to amend these terms. Amended terms apply to future agreements and will be communicated at least 30 days before becoming effective via email or publication on the website.

These General Terms and Conditions for Linden were drafted on February 26, 2025.

Note: This document was originally drafted in Dutch. In the event of any discrepancies or differences in interpretation, the Dutch version shall prevail.