Terms and Conditions –  Ginkgo Tree

Drawn up in Ede, August 5, 2021.

Unless otherwise agreed, these general Terms and Conditions apply to all services of Ginkgo Tree.

Ginkgo Tree commits itself to the ethical code as prescribed by the NBvD (Dutch Professional Association of Doulas), see https://nbvd.nl/voor-doulas-2/gedragscodes/

Article 1. Concepts

Ginkgo Tree: Ellen Boogaard, doula, prenatal teacher, (mama-)coach and breastfeeding counselor, based in Ede. Registered at KvK nr. 82323127.

Client: The (expecting) parent and possibly the partner, who have made an agreement with Ginkgo Tree.

Parties: Ginkgo Tree and Client together.

Article 2: Applicability

2.1 These General Terms and Conditions apply to all of Ginkgo Tree’s verbal and written offers, agreements or understandings, both of a preparatory and of an executive nature.

2.2 By signing the Agreement Form you also sign for agreement with Ginkgo Tree’s Terms and Conditions and the Privacy Statement.

Article 3. Terms of payment

3.1 Prices in euro’s, including taks and excluding extra costs like travel expenses, parking costs etc, unless on forehand agreed upon.

3.2 Unless communicated differently, prices are on the Ginkgo Tree website. Travel expenses  € 0,19 per km and parking costs will be charged separately and after services have been delivered.

3.3 Payment of the invoice amount by the client must be made within fourteen days after the invoice date, without any right to discount or setoff.

3.4 Payment in installments is possible and agreements will be noted in the contract.

3.5 All judicial and extrajudicial costs related to the collection of the declared amounts will be borne by the client.

Article 4. Execution of the agreement

4.1 Ginkgo Tree will execute the agreement to the best of its knowledge and ability and has a best efforts obligation towards the execution of the agreement. Due to this best efforts obligation, Ginkgo Tree cannot be held liable on the basis of a result obligation.

4.2 The client ensures that all information, of which Ginkgo Tree indicates that it is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, is provided to Ginkgo Tree in a timely manner. If this information is not provided on time, Ginkgo Tree reserves the right to suspend or cancel the execution of the agreement.

4.3 In order to guarantee quality and skills, Ginkgo Tree will take care of professional development and if possible also take part in intervision or supervision.

Article 5. Changing or cancellation of services

5.1 When the client cancels a consultation, this must be communicated at least 24 hours before the time of the consultation. In case of non-cancellation or cancellation within 24 hours before the consultation, Ginkgo Tree is entitled to charge the costs of the session to the client and the client is obliged to pay this.

5.2 If the client does not appear at a scheduled consultation, the costs for the consultation will be charged and the client is obliged to pay this.

5.3 Ginkgo Tree reserves the right to postpone or cancel consultations without giving any reason or if she cannot properly implement the agreement.

Article 6. Liability

6.1 Ginkgo Tree does not accept any liability whatsoever for damage caused by or in connection with services provided by it.

6.2 Ginkgo Tree is not liable for direct or indirect damage suffered by the client as a result of actions or decisions taken as a result of or during Ginkgo Tree’s services. The client remains responsible at all times for the choices made.

Article 7. Intellectual Property

7.1 Ginkgo Tree reserves all rights with regard to products of the mind which it uses or has used in the context of the performance of the agreement with the client, insofar as rights can exist or be established on those products in a legal sense.

7.2 The client is expressly prohibited from reproducing, disclosing or exploiting those products, including coaching tools, workshop elements, working methods, advice, (model) contracts and other mental products, whether or not with the involvement of third parties.

7.3 The client is prohibited from making these products available to third parties.

Article 8. Confidentiality

8.1 Ginkgo Tree is obliged to maintain confidentiality with regard to everything discussed during or in the context of the services.

8.2 In the event of imminent danger to both client and society, Ginkgo Tree reserves the right to breach confidentiality in order to inform the competent and designated authorities.

Article 9. Governing Law and Disputes

9.1 Dutch law applies to all agreements between client and Ginkgo Tree to which these General Terms and Conditions apply.

9.2 Ginkgo Tree is member of the Dutch Doula Federation, de Nederlandse Beroepsvereniging voor Doula’s (NBvD). If the client has complaints about the work performed, she could complain to the NBvD using their complaint procedure.  

9.3 Ginkgo Tree is also part of ZZP-Nederland and through this part of Geschilleninstantie Stichting Zorggeschil. Service-related complaints can be directed here too.