The fine print
General Terms and Conditions.
The legal terms that apply to every product and service Revenu Academy sells, including SellbySunday™.
Article 1. Definitions
In these general terms and conditions, the following terms , to be interpreted in the broadest sense of the word , have the meanings set out below:
1.1 Revenu Academy: the sole proprietorship Revenu Academy, having its registered office at (9711 JC) Groningen, Akerkhof 24 e, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 84155841. Revenu Academy includes all trade names operated and used by it, unless explicitly stated otherwise.
1.2 The client: the natural person or legal entity that instructs Revenu Academy to provide products and/or services.
1.3 Products and/or services: all products and/or services relating to coaching, advice and guidance in the field of online marketing and sales and related (digital) products and/or services, such as the provision of trainings, workshops and masterclasses. The foregoing applies in the broadest sense of the word.
1.4 Party or parties: respectively Revenu Academy or the client, or Revenu Academy and the client jointly.
1.5 The agreement: any written arrangement between Revenu Academy and the client for the supply of products and/or services to or for the benefit of the client.
1.6 In writing: communication not only by letter post, but also by e-mail and digital messaging, provided that the identity of the sender and the authenticity are sufficiently established.
Article 2. Applicability of the general terms and conditions
2.1 These general terms and conditions apply to all offers made, quotations issued, agreements concluded, services performed, (digital) products supplied and other acts performed by Revenu Academy. Deviations from these general terms and conditions are valid only insofar as they have been agreed in writing between the parties. These general terms and conditions also apply where a follow-up agreement and/or additional work results from an agreement.
2.2 All provisions of these general terms and conditions are stipulated not only for the benefit of Revenu Academy, but also for the benefit of all persons working for Revenu Academy and all persons or third parties engaged by Revenu Academy in the performance of the agreement.
2.3 If the client uses purchasing or other (general) terms and conditions and refers to them, their applicability is hereby expressly excluded.
2.4 If a provision of these general terms and conditions is declared invalid, the remaining provisions shall remain in full force.
2.5 The most recent version of Revenu Academy's general terms and conditions applies. Revenu Academy may at any time, without prior notice and without stating reasons, unilaterally amend and supplement these general terms and conditions. The most recent version then applies to all agreements, including agreements already concluded. Such amendments and/or additions only bind the client after they have been declared applicable in writing and the conditions have been provided. The business client (acting in the exercise of a profession or business) is required to accept the amendments.
2.6 If Revenu Academy on its own initiative deviates from these general terms and conditions in favour of the client, the client can never derive any rights from this.
Article 3. Offer
3.1 All offers made by Revenu Academy are non-binding, unless an acceptance period is expressly stated in the offer. Revenu Academy is entitled, within one week after the client has accepted the offer in writing, to nevertheless withdraw from the assignment, without being liable for any compensation for damages.
3.2 Offers are issued in writing, unless urgent circumstances make this impossible.
3.3 If an offer is based on information provided by the client and that information turns out to be incorrect or incomplete, Revenu Academy has the right to adjust the prices, terms and other conditions stated.
3.4 A composite price quotation does not oblige Revenu Academy to deliver part of the products and/or services in the offer at a corresponding portion of the stated price.
3.5 Revenu Academy cannot be held to its offer if the client understands or could reasonably be expected to understand that the offer, or any part of it, contains an obvious mistake, slip of the pen, or printing, typesetting or typing error.
3.6 Offers do not automatically apply to future assignments or repeat orders.
3.7 The prices stated in the offer are exclusive of government levies and any costs to be incurred in the context of the agreement, including but not limited to costs of third parties, travel, accommodation, parking, shipping and administration costs, unless stated otherwise.
Article 4. Formation of the agreement
4.1 The agreement is formed as soon as the client has accepted the offer made by Revenu Academy in writing, for example via the check-out on the website. If the client's acceptance , whether or not on points of secondary importance , deviates from Revenu Academy's offer, the agreement is formed only if Revenu Academy has agreed to such deviation(s) in writing.
4.2 If the client places an assignment with Revenu Academy without a prior offer, Revenu Academy is bound by that assignment only after it has confirmed the assignment to the client in writing.
4.3 Agreements are first binding on Revenu Academy upon written confirmation by Revenu Academy or as soon as Revenu Academy , without objection from the client , has begun performing the assignment.
Article 5. Performance of the agreement
5.1 Revenu Academy determines the manner in which, the means by which, and by which person(s) the agreement is performed. Revenu Academy shall perform its services to the best of its insight and ability, applying sufficient care and craftsmanship. Revenu Academy, however, has a best-efforts obligation in respect of the services delivered and cannot be held to a result-based obligation, since a successful outcome also depends on the commitment and motivation of the client and on the client complying with arrangements and following advice. Revenu Academy can therefore not be held liable for disappointing results and/or for not achieving intended objectives in connection with services it has already performed.
5.2 Revenu Academy is free to outsource the performance of the agreement, in whole or in part, to third parties. Revenu Academy is responsible for assessing the suitability of such third parties.
5.3 Where a term has been agreed or specified for the performance of the agreement or for the supply of certain items, this is merely indicative and is never to be considered a strict deadline. Exceeding a term does not constitute an attributable failure on the part of Revenu Academy and is not a ground for rescission of the agreement.
5.4 If, during the performance of the agreement, it appears that, in order to perform the agreement properly, it is necessary to amend or supplement it, the parties shall, in good time and by mutual consultation, proceed to adjust the agreement accordingly.
5.5 If the nature, scope or content of the agreement is amended, whether or not at the client's request or instruction, this may have consequences for the originally agreed amount, performance or delivery term and/or other conditions. Revenu Academy shall inform the client of any price changes resulting from an amendment of the agreement.
5.6 If the agreement is amended, including by way of supplement, Revenu Academy is entitled to perform the amendment only after the client has given its consent. Failing to perform, or not immediately performing, the amended agreement does not constitute an attributable failure on the part of Revenu Academy and is not a ground for the client to terminate or cancel the agreement.
5.7 Without thereby being in default, Revenu Academy may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences for the work to be performed in that context.
5.8 Revenu Academy reserves the right to mention or use the client's name, the project and the work performed as a reference or example for any commercial purposes, without owing any compensation to the client, save for mandatory provisions concerning the personal data of natural persons.
Article 6. Obligations of the client
6.1 The client is required to provide Revenu Academy in good time, in the desired form and in the desired manner, with all information and data , such as name/address details and company details , which Revenu Academy in its judgement requires for the correct, complete, secure and uninterrupted performance of the agreement. If the information required for the performance of the agreement is not provided to Revenu Academy in good time, in the desired form or in the desired manner, Revenu Academy is entitled to suspend performance of the agreement and to charge the client for the (additional) costs and hours arising from the delay. The performance or delivery term commences only after the client has made the data available to Revenu Academy.
6.2 The client is required to inform Revenu Academy without delay of facts and circumstances that may be relevant in connection with the conclusion and further performance of the agreement.
6.3 The client undertakes to make circumstances as favourable as possible for Revenu Academy. The client is required to do and refrain from doing everything that is reasonably necessary and desirable to enable timely and proper performance of the agreement.
6.4 The client may set high standards for Revenu Academy's advice and services, but the client warrants the accuracy, completeness and reliability of the information and data made available by or on behalf of the client to Revenu Academy, including data originating from third parties. The client at all times remains itself responsible and liable for the possible consequences of providing incorrect, incomplete or unreliable information and data.
6.5 The client is at all times itself responsible for the use of the coaching, guidance and/or advice and for the purposes for which they are provided.
6.6 The client is itself responsible for the safe use of the data and any login codes provided by Revenu Academy and for storing them. The client may never make any login codes, materials, templates or modules obtained available or forward them to third parties. Revenu Academy is not liable for lost (digital) files and/or for the hacking thereof. If the client provides Revenu Academy with information carriers, electronic files and the like, the client warrants that these are free from viruses and defects. Revenu Academy may make templates available to the client during the provision of services (for example via Trello or Notion). Revenu Academy at all times has the right to amend the contents of the templates and to withdraw their availability.
6.7 The client is itself responsible for the correct use of the services and (online) products supplied and for respecting the intellectual property rights of Revenu Academy and any third parties involved in the performance.
6.8 The client receives access to the online environment and/or community for one year. It is the client's own responsibility to view the materials within the online environment in good time. After the one-year period, the client may extend access to the online environment on a monthly basis (monthly subscription to the online environment) for an indefinite period.
6.9 Revenu Academy has the right to immediately deny the client access to an (online) programme, training, workshop, masterclass, etc. if the client disrupts the programme, training, workshop or masterclass in any way, for example if instructions and/or directions of Revenu Academy are not followed or if the client causes nuisance. In that case the client is not entitled to a refund of payment.
6.10 For online programmes, trainings and (one-on-one) coaching, etc., Revenu Academy may make use of a third-party platform. Revenu Academy cannot guarantee that the platform is available at all times and at all locations.
6.11 Revenu Academy has the right to expand, limit or amend the contents of its services and (online) products, and to change the contents, times and locations of meetings, if this is necessary or desirable in Revenu Academy's judgement.
6.12 In the case of group programmes, monthly feedback sessions take place. It is the client's own responsibility to attend these feedback sessions. Revenu Academy cannot guarantee that every participant will actually receive feedback during the sessions: this depends in part on the size of the group and the number of questions, etc., discussed during the session. Where technically possible, Revenu Academy will make a replay of the feedback session available. However, this replay is not guaranteed by Revenu Academy.
6.13 In the case of pilot services, the client must comply with the conditions and deadlines set in advance by Revenu Academy. If the client fails to comply with these conditions, Revenu Academy is entitled to charge the client an additional fee, on top of the pilot price, of EUR 150 excluding VAT.
Article 7. Privacy
7.1 The client's data are treated confidentially and are not shared with third parties, unless the client has given consent, a statutory obligation applies, or Revenu Academy acts in its own behalf in (legal) proceedings.
7.2 Revenu Academy takes the protection of data seriously and takes appropriate measures to prevent misuse, loss, unauthorised access, unwanted disclosure and unauthorised modification. Revenu Academy will handle the client's personal data carefully and will comply with the General Data Protection Regulation (GDPR / Algemene Verordening Gegevensbescherming, AVG). For more information, see the privacy statement on Revenu Academy's website.
7.3 Revenu Academy may take photographs and image material of the provision of services on which the client may be visible, and share them on social media or other channels, for example during live events, unless the client is recognisably in view and/or expressly states that the client does not agree.
Article 8. Payment and collection
8.1 The client may only use the payment options offered by Revenu Academy. Payment via the website is made through Plug & Pay, unless stated otherwise. Payment must be made by the client before the services start. In the case of payment in instalments, the first instalment must be paid by the client before the services start. If payment is made by invoice, the client must pay the invoice within 14 days of the invoice date.
8.2 If payment in instalments has been agreed, the first instalment must always be paid by the client in advance. The subsequent instalments are collected by direct debit. Where a direct debit payment fails, Revenu Academy is entitled to suspend performance of the agreement until payment has been made. In addition, Revenu Academy is entitled to charge administration costs of EUR 25 for each missed direct debit.
8.3 If payment is made by direct debit, the client gives consent for direct debit collection by means of an e-mandate at the time of payment of the first instalment.
8.4 Revenu Academy has the right to amend its prices in the interim if Revenu Academy considers this necessary. If the prices of the services and/or products offered increase after the formation of the agreement, the client has the right to cancel the agreement with Revenu Academy as of the date on which the price increase takes effect. Price increases resulting from a statutory regulation or statutory provision are excluded from this, such as the level of wages and raw-material prices or VAT increases.
8.5 Revenu Academy may also increase the agreed amount where, during the performance of the work, it appears that the original or expected volume of work was so insufficiently estimated at the time the agreement was concluded , and where this is not attributable to Revenu Academy , that Revenu Academy cannot reasonably be expected to perform the agreed work for the originally agreed amount.
8.6 Revenu Academy at all times reserves the right to require full advance payment or any other form of security from the client upon acceptance of the offer.
8.7 Objections to the invoice do not suspend the client's payment obligation.
8.8 Payment shall be made without any deduction, set-off or suspension whatsoever.
8.9 In the event of late or incomplete payment, Revenu Academy reserves the right to suspend the performance of the agreement with immediate effect or to rescind it by means of a written declaration.
8.10 In the event of late or incomplete payment, the client is in default by operation of law, and Revenu Academy is entitled, without any further notice of default being required, to charge the client statutory interest from the due date until the date of payment in full.
8.11 In the event of late or incomplete payment by the client, Revenu Academy is entitled, without any prior notice of default being required, to charge the client (extra)judicial collection costs of 15% of the agreed total amount with a minimum of EUR 150.
8.12 Payments made by the client are first applied by Revenu Academy in reduction of all interest and costs owed and thereafter in reduction of the due and payable invoices that have been outstanding longest.
8.13 In the case of a jointly given assignment, the clients are , insofar as the services and/or products are supplied for the benefit of the joint clients , jointly and severally liable for payment of the invoiced amount, irrespective of the addressee of the invoice.
8.14 Rates for business clients are exclusive of VAT. Rates are always exclusive of other costs, such as travel time, travel costs, parking costs, any shipping and administration costs and costs of third parties, unless expressly agreed otherwise.
Article 9. Inability to pay
9.1 Revenu Academy is entitled to rescind the agreement in writing, without any further notice of default and without judicial intervention, at the moment when the client:
- is declared bankrupt or applies for bankruptcy;
- applies for (provisional) suspension of payments;
- is subject to executory attachment;
- is placed under guardianship or administration;
- otherwise loses the power to dispose of, or legal capacity in respect of, (part of) its assets.
Article 10. Cancellation of the agreement
10.1 The agreement concluded between the parties ends upon the death of the proprietress of Revenu Academy or, in the case of a sole proprietorship, of the client, or upon liquidation or dissolution of the business of Revenu Academy.
10.2 If the work to be performed by Revenu Academy has not yet been completed at the end of the agreement, her heirs are not obliged to (have someone) complete this work, even if the business of Revenu Academy is in any way continued.
10.3 If the client wishes to rescind or cancel the agreement, the client owes Revenu Academy compensation for the costs already incurred, as well as compensation for damages to be further determined by Revenu Academy. This additional compensation comprises all damages suffered as a result of the cancellation, including lost profit. Revenu Academy is entitled to charge the aforementioned compensation, in addition to payment of the costs already incurred, as follows (unless expressly agreed otherwise):
Group programmes and one-on-one coaching (Never Ending Holiday and The Promise 1:1):
- interim cancellation is not possible. In that case, the client must pay 100% of the agreed total amount of the entire engagement (from the start of performance of the agreement).
Other (on-location) events or digital products or services:
- no refund is possible, since there are external costs that have been incorporated into the number of tickets and the associated ticket price. Upon purchase of digital products or services, such as online trainings and masterclasses, the client immediately receives access to those products or services, as a result of which a refund is not possible.
Monthly subscriptions to the online environment:
- the client may cancel the monthly subscription. The client may choose to do so as of the next direct-debit date or with immediate effect. In the event of cancellation, no refund of monthly amounts already paid will ever take place. In the event of cancellation, access to the online environment will be terminated for the client as of the date of cancellation.
10.4 In all cases, the client must pay the costs of third parties in addition to the cancellation costs.
10.5 The client is liable towards third parties for the consequences of the cancellation and shall indemnify Revenu Academy against any claims of such third parties resulting therefrom.
10.6 Revenu Academy has the right to set off all amounts already paid by the client against the compensation for damages or cancellation costs owed by the client.
10.7 Revenu Academy at all times has the right to terminate the agreement, for any reason whatsoever, without being liable for any compensation for damages. The client is then only required to pay for the part already performed, unless expressly agreed otherwise.
10.8 Within one-on-one trajectories, the client may reschedule a planned session no later than 48 hours before the relevant session. In consultation with Revenu Academy, the session will be rescheduled. The rescheduled session must take place within one month. Within a one-on-one trajectory, the client may reschedule a session a maximum of one time.
Article 11. Suspension and rescission
11.1 Revenu Academy has the right to suspend the performance of its obligations until the moment that all due and payable claims against the client have been paid in full, if (1) the client does not perform, or does not fully perform, its obligations under the agreement, or (2) Revenu Academy has become aware of circumstances that give it good reason to fear that the client will not be able to perform its obligations (properly), or (3) the client was requested upon conclusion of the agreement to provide security for the fulfilment of its obligations under the agreement and such security is not provided.
11.2 Revenu Academy is also entitled to (have someone) rescind the agreement in the situations referred to in the first paragraph of this article, or where other circumstances arise that are of such a nature that performance of the agreement is impossible or can no longer be required by the standards of reasonableness and fairness.
11.3 Rescission takes place by means of a written notice and without judicial intervention.
11.4 If the agreement is rescinded, Revenu Academy's claims against the client are immediately due and payable.
11.5 Revenu Academy reserves the right to claim compensation for damages and is not liable for any damages or costs incurred by the client or third parties.
Article 12. Force majeure
12.1 If performance of the agreement becomes impossible due to a cause that cannot be attributed to Revenu Academy, or where compliance with its obligations cannot reasonably be required of Revenu Academy , including but not limited to illness of herself or of third parties engaged, disruptions to the computer network or other technical disruptions, shortcomings of third parties engaged, late or incomplete delivery by postal and delivery services, government measures, epidemics and pandemics, extreme weather conditions and other stagnation in the normal course of affairs within her business , then Revenu Academy is entitled to suspend performance of the agreement.
12.2 In these general terms and conditions, "force majeure" means: a circumstance that is not due to the fault of Revenu Academy and that, by virtue of the law, a juridical act or generally accepted standards, cannot be charged to Revenu Academy. In addition to this interpretation of force majeure under statute and case law, force majeure is also taken to include: all external causes, foreseen or unforeseen, over which Revenu Academy can exercise no influence, but as a result of which Revenu Academy is unable to fulfil its obligations.
12.3 In the event of force majeure, Revenu Academy will use reasonable efforts to provide an alternative solution if so desired. Revenu Academy retains the right to suspend the agreement in the event of force majeure.
12.4 If the force majeure situation occurs at a time when Revenu Academy's obligations have been partly fulfilled or can be fulfilled, Revenu Academy is entitled to invoice the part already fulfilled or the part to be fulfilled. The client is required to pay this invoice as if it were a separate agreement.
12.5 From the moment the force majeure situation has lasted at least two months or is permanent in nature, both parties may rescind the agreement (in part) by means of a written notice, without judicial intervention, without any party being entitled to compensation for damages.
Article 13. Liability and indemnification
13.1 If the client demonstrates that it has suffered damage as a result of an attributable failure of Revenu Academy arising from or in connection with the performance of the agreement, the liability of Revenu Academy is, for direct damage only, limited to the amount paid out under any liability insurance taken out. If the insurance provides no cover or pays out nothing, liability is limited to a maximum of the invoiced or to be invoiced amounts.
13.2 Revenu Academy is liable solely for direct damage. "Direct damage" exclusively means:
- the reasonable costs incurred to determine the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these terms (expert costs);
- any reasonable costs incurred to bring Revenu Academy's defective performance into conformity with the agreement, insofar as such defect can be attributed to Revenu Academy (cost of repair);
- reasonable costs incurred to prevent or limit the damage, insofar as the client demonstrates that such costs have led to a limitation of direct damage in the broad sense of the word and as referred to in this article.
13.3 Liability of Revenu Academy for indirect and immaterial damage, including consequential damage, business damage and personal injury, is excluded.
13.4 Revenu Academy is never liable for any form of damage suffered by third parties. The client shall indemnify Revenu Academy and hold it harmless against all claims by third parties for damages suffered by them as a result of the performance of the agreement.
13.5 Liability of Revenu Academy for damages caused by third parties engaged is expressly excluded. A business client must in that case turn directly to such third party.
13.6 Revenu Academy is never liable for damages, of any nature whatsoever, caused by:
- a force majeure situation as referred to in these general terms and conditions, such as illness of the proprietress of Revenu Academy or of third parties engaged, disruptions of equipment or software, unavailability of the online environment or digital products and/or services;
- the supply of incorrect and/or incomplete data provided by or on behalf of the client, or the client's failure to comply in any other way with the obligations set out in these general terms and conditions;
- use of the services for purposes other than those for which they are intended;
- failure or incorrect compliance with advice and/or instructions from Revenu Academy, by the client or third parties;
- disappointing results or failure to achieve the objectives intended by the client;
- decisions taken by the client on the basis of advice and guidance from Revenu Academy, whether or not in consultation with Revenu Academy. The client is at all times itself responsible for its own choices and actions;
- damage to (property of) participants of a live event or to (property of) the client, caused by the client's failure to (fully) comply with its obligations;
- a longer performance or delivery term than originally foreseen, regardless of the underlying reason.
13.7 A claim for compensation by the client must be submitted to Revenu Academy no later than 14 days after the client discovered, or could reasonably have discovered, the damage. In the absence of timely submission of a claim for compensation, the right to compensation lapses. By way of derogation from the statutory limitation period, a limitation period of one year applies.
13.8 The provisions of this article apply except in cases of intent or gross negligence on the part of Revenu Academy and its managers, and unless mandatory provisions provide otherwise.
Article 14. Intellectual property rights
14.1 Revenu Academy reserves all rights in respect of intellectual creations which it uses or has used in the context of the performance of the agreement with the client, insofar as rights to such creations can legally exist or be established. All word and figurative marks are the property of Revenu Academy and may not be used in whole or in part without the prior written consent of Revenu Academy.
14.2 All copyrights and intellectual property in the intellectual creations developed by Revenu Academy are and remain the exclusive property of Revenu Academy, regardless of whether they have been made available to the client or to third parties. These may not be processed or modified, made public, copied or exploited by the client or third parties, save for the purpose of obtaining a legal opinion or expert advice on the services provided by Revenu Academy.
14.3 The contents of the website, advice, quotations, agreements, e-books, trainings and digital products and services of Revenu Academy are the property of Revenu Academy or of its licensors and are protected by intellectual property rights, including copyright. The client is expressly prohibited from reproducing, processing, exploiting or otherwise making public (any part of) the aforementioned intellectual property without the prior consent of Revenu Academy.
14.4 The client may never modify, reproduce, disclose or exploit the intellectual property rights used by Revenu Academy under licence.
14.5 After the end of the agreement, neither the client nor Revenu Academy has a duty of retention towards the other in respect of the information and data used, save for the statutory duty of retention.
14.6 Any login details obtained for an online service or product, and online products or services themselves, may never be made public by the client or provided to third parties. They are strictly personal and non-transferable. In the event of any breach, access to the online services and products will be terminated immediately, without the client being entitled to any compensation or refund.
14.7 In the event of breach of the provisions of this article, the client is required to compensate Revenu Academy and third parties in full for all damages suffered.
Article 15. Complaints
15.1 Complaints relating to services and/or products supplied and/or to the invoice amount must be communicated in writing to Revenu Academy within 14 days of delivery, performance or the date of dispatch, or within 14 days of discovery of the defect if the client demonstrates that it could not reasonably have discovered the defect earlier. Complaints can be reported via thessa@revenu-academy.nl.
15.2 Complaints do not suspend the client's payment obligation.
15.3 If the complaint is not submitted in good time, all rights of the client in connection with the complaint lapse and the work delivered or performed is deemed to have been carried out correctly. All consequences of failing to report immediately are at the client's risk.
15.4 Revenu Academy must be enabled to investigate the complaint. If a complaint is justified, Revenu Academy will arrange for either improvement of the assignment, additional services or a partial refund, all at Revenu Academy's choice.
Article 16. Applicable law and competent court
16.1 Dutch law applies exclusively to all agreements between the parties, as well as to disputes arising therefrom.
16.2 The applicability of the Vienna Sales Convention (CISG) or any other applicable international laws and regulations is expressly excluded.
16.3 Subject to mandatory provisions of law, the Dutch court in the district where Revenu Academy has its registered office has exclusive jurisdiction to hear any disputes between the parties.
Article 17. Language and precedence
17.1 These general terms and conditions have been drawn up in Dutch and translated into English. The English version is provided for the convenience of the client only.
17.2 In the event of any difference, inconsistency or conflict between the Dutch and the English version of these general terms and conditions, the Dutch text shall be leading and prevail.
Questions about these terms? Email thessa@revenu-academy.nl.