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Terms & Conditions

House Of Vibrations, located in Diemen, Chamber of Commerce number 80011756, has services that are carried out by therapist Gail Levis. House Of Vibrations & Gail Levis are referred to as‘The Therapist’or ‘service provider’ in these general terms and conditions.

 

 

The organisations, companies, institutions and individuals that book services at the House Of Vibrations are referred to as ‘the client’ in these general terms and conditions. The 'parties' are the service provider and the client together. The agreement refers to the service provision agreement between the parties.

 

Article 1 - Applicability of General Terms and Conditions

  1. These conditions apply to all quotations, offers, work, agreements, collaborations and deliveries of services or goods by or on behalf of the service provider.
     

  2. Deviation from these conditions is only possible if explicitly and in writing agreed upon by the parties.

  3. The agreement always entails an obligation of the service provider to make an effort, and not an obligation to deliver a specific result.
     

  4. These general terms and conditions apply to the agreement concluded between the therapist and the client.

 

 

The therapist and the client, each take responsibility for the client's needs during and between the therapist's treatments. The therapist will act to the best of their ability and judgment and, through their knowledge of Holistic Somatic Therapy, will not discourage the client from receiving conventional medical treatment or advise the client to discontinue conventional medication. If the therapist feels uncomfortable about the situation, they will refer the client back to their GP or other medical professional. The client will not withhold any relevant information that could affect their treatment.Holistic Somatic treatments may complement conventional medical treatment but can never replace it. The client is responsible for contacting their medical professional first in case of any medical complaints.

Article 2. Execution of the agreement.

  1. The therapist has informed the client about the pricing, the available payment options and has explained the contents of the chosen service/ therapy course. The therapist has indicated in the pre-intake {ResonanceCall} that all relevant documents are available to read on the secured environment: GoogleDrive.The client & therapist are the only ones with access to the files shared. After the ResonanceCall, the client has a max of 5days to reconsider the offer. The client will return for a second consultation after the first ResonanceCall. During this consultation, the therapist will explain their treatment plan and approach, and if possible, provide lifestyle and dietary advice based on the client's needs. The therapist will explain the follow-up appointments once the client and therapist have agreed to proceed together.
     

  2. The therapist and client will discuss the client's progress and decide whether more treatment is necessary or if the treatment can be discontinued. Therefore the schedule that has been made, is but an indication.
     

  3. The therapist will carry out the treatment to the best of their knowledge and ability, and will provide information about the treatment if the client requests it. The client can assume that the therapist is up-to-date with their continuing education and will always provide the client with the latest insights.
     

  4. The client must ensure that they provide all information that is necessary for the proper execution of the treatment in a timely manner. If important information is withheld or incomplete, the therapist cannot be held liable for any damages of any kind.

Article 3 - Offers and Quotations

  1. Offers are non-binding and valid for a maximum of 3 months unless a different acceptance period is mentioned in the offer. If the offer is not accepted within the specified period, it expires.
     

  2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation unless the parties have explicitly and in writing agreed otherwise.
     

  3. Offers and quotations do not automatically apply to repeat orders. The parties must agree on this explicitly and in writing.

 

Article 4 - Prices

  1. The prices mentioned in quotations, offers, and invoices are inclusive of the applicable VAT when applied to a 1:1 or 1:2 session. When a booking is done for an external {private} event, prices are exclusive of VAT. And adopted according to the legal obligation of VAT
     

  2. The prices of services are based on the known cost prices at that time. Increases in these prices, which the service provider could not have foreseen at the time of the offer or the conclusion of the agreement, may lead to price increases.
     

  3. With regard to the service provision, the parties can agree on a fixed price when concluding the agreement.
     

  4. If no fixed price has been agreed, the rate for the service provision can be determined based on the actual number of hours spent. The rate is calculated based on the usual hourly rates of the service provider, applicable to the period in which he performs the work, unless a different hourly rate has been agreed upon…
     

  5. If a rate based on actual hours worked has not been agreed upon, a guideline price will be agreed upon for the service, with the service provider being entitled to deviate up to 10% from it. If the guideline price will be more than 10% higher, the service provider must notify the client in a timely manner of the reasons why a higher price is justified. In this case, the client has the right to cancel the portion of the assignment that exceeds the guideline price plus 10%.

 

Article 5 - Payment

  1. Payment of the invoice must be made by bank transfer within 14 days after the invoice date. Payment arrangements are always possible, but please make arrangements by phone before the start of the first consultation.
     

  2. If the client fails to pay within the agreed period, they are automatically in default, without any reminder being necessary. From that moment on, the service provider is entitled to suspend the obligations until the client has fulfilled his payment obligation.
     

  3. After sending 2 payment reminders, the therapist may choose to collect payment through a collection agency and/or, if necessary, a bailiff. The treatment agreements will then be terminated immediately and unilaterally. If the case is transferred to a collection agency or bailiff, the therapist will withdraw completely from the collection process. Any further negotiations regarding payment arrangements will then only be made with the collection agency or bailiff by the client.
     

  4. In case of liquidation, bankruptcy, attachment, or suspension of payment of the client, the claims of the service provider on the client are immediately due and payable.
     

  5. If the client refuses to cooperate in the execution of the order by the service provider, he is still obliged to pay the agreed price to the service provider.
     

Article 6. Rates

  1. The therapist is entitled to increase the agreed prices and rates of delivered products if there is a demonstrable reason for this {such as an increase in rent, material costs, government measures, etc}. In such cases, the client will be informed as soon as possible.
     

  2. If the client arrives later than the agreed time, this time will be deducted from the agreed consultation time, so that any subsequent clients are not affected.
     

  3. The therapist reserves the right to increase their rates annually on July 1st in accordance with the Consumer Price Index {CPI} for all households..
     

  4. This increase will be reasonable and announced before the end of the previous year. This increase will be indicated both on the website, and on a visible price list in the practice.

 

Article 7 - Amendment of the agreement

  1. If, during the execution of the agreement, it becomes apparent that it is necessary to modify or supplement the work to be performed for a proper execution of the assignment, the parties will amend the agreement accordingly and in a timely manner.
     

  2. If the parties agree that the agreement will be modified or supplemented, the time of completion of the execution may be affected. The therapist shall inform the client of this as soon as possible. If the modification or supplement to the agreement has financial and/or qualitative consequences, the service provider shall inform the client about this in advance.
     

  3. If a change or addition to the agreement has financial and/or qualitative consequences, the therapist will inform the client in writing as soon as possible.
     

  4. If the parties have agreed on a fixed fee, the therapist will indicate to what extent the change or addition to the agreement will result in an exceeding of this fee.
     

Article 8 - Execution of the agreement

  1. The service provider will execute the agreement to the best of their knowledge and ability and in accordance with the requirements of good craftsmanship.
     

  2. The service provider has the right to have work performed by third parties.
     

  3. The execution will be done in mutual consultation and after written agreement and payment of the agreed advance. 
     

  4. It is the client's responsibility to ensure that the service provider can start the assignment on time.

 

Article 9 - Duration of the agreement

  1. The agreement between the client and the service provider is entered into for a fixed term of 6 months, unless the nature of the agreement dictates otherwise, or the parties have expressly and in writing agreed otherwise.
     

  2. If the parties have agreed on a period for completing certain work during the term of the agreement, it is never a fatal term. If this term is exceeded, the client must notify the service provider in writing.

 

Article 10 - Cancellation / Termination of the agreement

  1. The client is free to prompt a cancellation the agreement with the service provider at any time.
     

  2. If the client cancels the assignment, they are obliged to pay the service provider the owed compensation and expenses.
     

  3. The client and therapist can terminate the treatment agreement at any time with mutual consent. The purpose of the treatment is to provide the client with the best possible information and therapy for their needs. If, for any reason, the therapist is no longer able to provide this service or the client no longer needs treatment or can find a solution to their needs, the agreement can be terminated.
     

  4. Rescheduling Policy: If you need to reschedule your appointment, you may do so up to 2 months from the date of the original appointment. Please note that rescheduling is subject to practitioner availability. If you are unable to reschedule your appointment within 2 months, your appointment will be considered a missed appointment.
     

  5. Cancellation Policy (including the SacredSoundServices): We understand that sometimes unforeseen circumstances arise, and you may need to cancel your appointment. However, we require that all cancellations be made at least 48 hours prior to the scheduled appointment time.
    Cancellations made within 24 hours, will not be accepted and will be considered as a missed participation. No refund possible.

     

  6. Refund Policy: We do not offer refunds.
     

  7. ClientResponsibility: It is the client's responsibility to inform the HOV of any issues or concerns before the appointment. Failure to do so may result in an unsatisfactory experience.
     

  8. We kindly request participants of the Sacred Sound Service (SSS) to be mindful of the following policies:
    - Entry Time: The doors for the Sacred Sound Service open promptly at 8:00 PM and close at 8:05 PM. To ensure the sanctity of the experience, participants are encouraged to arrive within this timeframe.
    - Late Entry: If you arrive after 8:05 PM without prior notification, we regret to inform you that re-entry into the sacred space will not be possible. This policy is designed to maintain the atmosphere and significance of the gathering.
    - Late Arrival: Please understand that if you are more than 15 minutes late, you will not be able to join the service. The energy cultivated within the sacred space requires a harmonious start, and late arrivals disrupt this flow.

    We sincerely appreciate your cooperation and understanding in adhering to these policies. The intention behind these guidelines is to honor the essence of the SacredSoundService and create a space of reverence for all participants.

     

  9. No-Show Policy: If you do not show up for your appointment and do not provide prior notice of cancellation, your appointment will be considered a missed appointment. Payment Policy: Payment is due in full at the time of booking your appointment. We accept payment via PayPal, iDeal, Bank transfer, Apple Pay. By booking an appointment with us, you agree to comply with our booking policy.

 

Article 11 - Provision of information by the client

  1. The client shall make available to the service provider all information relevant to the execution of the assignment.
     

  2. The client shall provide all data and documents that the therapist deems necessary for the correct execution of the assignment in a timely and desired manner.
     

  3. The client is responsible for the accuracy, completeness, and reliability of the data and documents provided to the service provider, even if they originate from third parties, unless otherwise specified by the nature of the assignment.
     

  4. If requested by the client, the service provider will return the relevant documents.
     

  5. If the client fails to provide the data and documents requested by the service provider in a timely or proper manner and this delays the execution of the assignment, any resulting additional costs and fees will be borne by the client.

 

Article 12 - Insurance & Liability

  1. The client undertakes to insure and keep insured adequately goods delivered necessary for the execution of the underlying agreement, as well as goods belonging to the service provider present at the client's premises and goods delivered under retention of title against, among other things, fire, explosion, water damage, and theft.
     

  2. The client will provide the policy of these insurances for inspection upon first request.
     

  3. The therapist's liability is limited to the amount paid out under the therapist's liability insurance in the relevant case. In the performance of the therapist's services, an obligation of effort applies.
     

  4. The therapist does not provide any medical guarantee in any way and is not liable in any way for medical complications that occur during or after the provision of their services to the client if they are not attributable to a major attributable shortcoming of the therapist. The therapist is not liable in any way for consequential damages.
     

  5. The therapist is not liable to the extent that damage results from the fact that the client has not followed the therapist's oral or written advice properly.
     

  6. The client is obliged to take all measures necessary to limit the damage for which he/she wishes to hold the therapist liable.
     

  7. The therapist is not liable in any way for the quality and composition of the supplements and/or other natural remedies advised by them. The supplier of these supplements and/or other natural remedies is responsible and liable for this.
     

  8. The client is always obliged to provide all relevant information about his/her medical situation in the present and past, as well as the use and modification of medication to the therapist.

 

Article 13 - Retention of Title, Right of Suspension, and Right of Retention

  1. Services present at the client's premises and delivered services and components remain the property of the therapist until the client has paid the entire agreed price. Until then, the therapist may rely on its retention of title and take back the services.
     

  2. If the agreed prepayment amounts are not paid or are not paid on time, the therapist has the right to suspend the work until the agreed part has been paid. In that case, there is debtor's default. A delayed delivery cannot be attributed to the therapist in such a case.
     

  3. The therapist is not authorised to pledge or otherwise encumber services falling under its retention of title.
     

  4. If services have not yet been delivered, but the agreed prepayment or price has not been paid in accordance with the agreement, the therapist has the right of retention. The services will not be delivered until the client has fully paid the amount owed.
     

Article 14 - Transfer of Rights

  1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a provision with property law effect as meant in Article 3:83, paragraph 2 of the Dutch Civil Code.

 

Article 15 - Penalty clause

  1. If the client violates the article of these general terms and conditions regarding confidentiality or intellectual property, the client shall owe the therapist an immediately payable penalty of €666,99 for each violation, and an additional amount of €432,99 for each day that the violation continues. No prior notice or judicial proceedings are required to incur this penalty. There also does not need to be any form of damage.
     

  2. Incurring the penalty referred to in the first paragraph of this article does not prejudice the therapist's other rights, including their right to claim damages in addition to the penalty.

 

Article 16 - Force Majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, it is agreed that a failure by the therapist to fulfill any obligation towards the client cannot be attributed to the service provider in the event of an independent circumstance beyond the service provider's control, which fully or partially impedes the fulfillment of its obligations towards the client or which reasonably cannot be demanded of the service provider. Such circumstances include defaults by suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions, and work stoppages.
     

  2. If such a situation as referred to in the preceding paragraph arises, as a result of which the service provider cannot meet its obligations towards the client, such obligations will be suspended as long as the service provider cannot meet its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing, either in whole or in part.
     

  3. In the event referred to in the second paragraph of this article, the service provider is not obliged to compensate for any damages, even if the service provider derives any benefit from the force majeure situation.
     

Article 17 - Amendment to general terms and conditions

  1. House Of Vibrations is entitled to modify or supplement these general terms and conditions.
     

  2. Changes of minor importance can be made at any time.
     

  3. House Of Vibrations will discuss significant substantive changes with the client as much as possible in advance.
     

  4. Consumers have the right to terminate the agreement in the event of a significant change to the general terms and conditions.

 

Article 18 - Warranty

  1. The parties have entered into an agreement with a service-oriented nature, which contains only an obligation of effort for House Of Vibrations and no obligation of results.

 

Article 19 - Applicable law and competent court

  1. Dutch law exclusively applies to every agreement between the parties.
     

  2. If one or more provisions of these general terms and conditions are deemed unreasonable in a judicial proceeding, the remaining provisions shall remain in full force and effect.
     

  3. The Dutch court in the district where House Of Vibrations is established/has its practice/office shall have exclusive jurisdiction to settle any disputes between the parties, unless mandatory law prescribes otherwise.
     

Article 20 - Attribution

  1. These general terms and conditions apply from December 1, 2022.

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