General terms and conditions Moirat oy / Ltd. – Finland

Definitions

In these general terms and conditions, the following terms have the following meanings:

  • Valiente coaching: The professional who operates under the name of Valiente coaching / as a representative of Moirat oy / Moirat Ltd in Finland.
  • The client: The legal entity that issues the assignment.
  • The agreement: the agreements between the client and Valiente coaching / Moirat oy.

Applicability of these conditions

These conditions apply to every offer and every agreement between Valiente coaching and the client to which the parties have declared these conditions applicable, insofar as the parties have not deviated from these conditions expressly and in writing.

Implementation of an agreement for guidance

  1. Valiente coaching will execute the agreement in accordance with the guidelines and rules of conduct of the International coaching federation – Finland charter chapter (ICF Finland) and to the best of its knowledge, ability and in accordance with the requirements of good workmanship.
  2. If and insofar as required for the proper execution of the agreement, Valiente coaching has the right to have certain activities performed by third parties. This will always be done in consultation with the client.
  3. The client will ensure that all information of which Valiente coaching indicates that it is necessary or of which the client should reasonably understand that it is necessary for the performance of the agreement is provided to Valiente coaching in a timely manner. If the information required for the execution of the agreement has not been provided to Valiente coaching on time, Valiente coaching has the right to suspend the execution of the agreement and / or to charge the additional costs resulting from the delay to the client according to the usual rates. .
  4. The contractor is not liable for damage, of whatever nature, due to the fact that Valiente coaching has assumed incorrect and / or incomplete information provided by the client, unless it should have been aware of this inaccuracy or incompleteness.

Confidentiality

  1. The parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
  2. The assignment will not be referred to externally by Valiente coaching without the client’s consent.

Intellectual property

  1. Valiente coaching reserves the rights and powers it is entitled to under the copyright act.
  2. All documents provided by Valiente coaching, such as lectures, workshops, online materials, exercises, tests, reports, assessments, sketches, drawings, software, etc., are exclusively intended to be used by the client only and may not be reproduced by him or brought to the attention of third parties, without the prior consent of Valiente coaching.
  3. Valiente coaching also reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.

Complaint period

Complaints about the work performed must be reported to Valiente coaching in writing by the client immediately after discovery, but no later than 14 days after completion of the work in question.

Fees

  1. The parties will agree on a fee when the agreement is concluded. The fee is exclusive of VAT.
  2. The fee will be determined on the basis of the hours / days spent by the trainer / coach. The fee is calculated according to Valiente coaching’s usual hourly / daily rates, applicable for the period in which the work is performed, unless a deviating hourly rate has been agreed.
  3. Any cost estimates are exclusive of VAT.
  4. If Valiente coaching agrees on a fixed fee or hourly rate with the client, it is nevertheless entitled to increase this fee or rate. Valiente coaching may pass on price increases if the contractor can demonstrate that significant price changes have occurred between the time of the offer and delivery in respect of, for example, wages and / or comparable market rates.

Payments

  1. Payment must be made within 14 days of the invoice date, in a manner to be indicated by the contractor and in the currency in which the invoice is made, unless otherwise agreed.
  2. After the expiry of 14 days after the invoice date, the client owes interest according to the Finnish law.
  3. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of Valiente coaching and the obligations of the client towards the contractor will be immediately due and payable.

Liability

If Valiente coaching is liable, that liability is limited as follows:

  1. Valiente coaching’s liability is always limited to the invoice value of the order, or at least that part of the order to which the liability relates.
  2. CN is never liable for consequential damage.

Force majeure

In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which Valiente coaching cannot exert influence, but because of which Valiente coaching is unable to fulfill its obligations.

During force majeure, Valiente coaching’s obligations are suspended. If the period in which fulfillment of the obligations is not possible due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement without there being an obligation to pay compensation in that case.

If Valiente coaching has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already executed or executable part and the client is obliged to pay this invoice as if it concerned a separate contract.

Complaints and Dispute Settlement

If no settlement is reached in accordance with this arrangement, disputes arising from this agreement, or further agreements thereof, or legal relationships arising therefrom, will be submitted to the court in Finland.

Applicable law

Finnish law applies to every agreement between the contractor and the client.

Changes to the conditions

The version that applied at the time of the realization of this assignment is always applicable.

Kaskinen, Finland 25.1.2023