general – terms and conditions

Welcome Values

Through products, services and knowledge and expertise, Aereon Business Creations offers ‘sacred spaces’ in which a person or company can experience substantial growth. The ‘sacred space’ provides a safe bed and landing place for the potential that wants to become known and land.

The quality of this “sacred space” is determined in part by adhering to the following sacred values to the best of our ability. These sacred values guide our being and actions.

sacred space

Terms

We are serving the higher purpose. The work we do is sacred and each person is sacred;
We take responsibility according to our ability to be fully present and walk our path with full commitment. We are approachable and stay when things are difficult or indicate when we are approachable again;
We take responsibility for keeping the sacred space clean. By speaking out when something is not right.
We take responsibility for our own path and how it wants to land on earth. We are aware – to the best of our ability – when we ask for the support of others in this;
We are transparent and honest about where we find ourselves and what we think of others;
We keep agreements made and the commitment enclosed therein. We inform each other when that proves impossible take responsibility;
We are responsible for our own well-being. Any malfunction is reported immediately and addressed at an appropriate time;
What is shared by participants in workshops, trainings and sessions is confidential and will not be shared outside these groups. Not anonymously either;
We ensure a throbbing exchange in energy and money.

Core values

Sacred laws – does it serve our higher good?
2.Be honest – is there radical transparency?
3.Communication – are we sharing from our own experience?
4.Constructive – what is needed now?
5.Autonomy – does what contributes to ownership?
6.Sustainable – is what is being built permanent?
7.Inclusiveness – is nothing being excluded?

General conditions

Article 1 | Validity of these terms and conditions

These terms and conditions apply to all agreements entered into with Aereon Creations An agreement relates to the provision of a service within the framework of coaching, training, consultancy and complementary care, as well as the sale of products within the framework of these said services
These terms and conditions apply to all offers made by Aereon Creations , regardless of whether this has resulted in a contract.
In these terms and conditions, Aereon Creations is referred to as the contractor, while the other party, the client, is further referred to as the client. A client may be a natural or legal person.
The client’s general or delivery terms and conditions shall not apply unless accepted in writing by the contractor.
The order to perform the services mentioned in Article 1.1, or the order of products by the client, shall be considered as acceptance of these general terms and conditions. Special provisions deviating from these general terms and conditions shall be binding only if agreed in writing.

Article 2 | Offers

All offers and/or quotations are without obligation unless otherwise expressly stated.
Verbal offers by Aereon Creations or its subordinates are not binding unless confirmed by it in writing.
Unless otherwise agreed, Aereon Creations is bound to maintain its offers for 14 days.

Article 3 | Agreements
Agreements or contracts with the personnel of Aereon Creations do not bind the latter, insofar as they have not been confirmed in writing by the owner of Aereon Creations . In this context, personnel are to be considered all employees and staff who do not have power of attorney, or personnel hired by Aereon Creations from third parties or by self-employed persons.

Article 4 | Agreement

The agreement to perform said services in article 1.1or the sale of products within the framework of these services becomes binding only by Aereon Creations its written confirmation. This written confirmation (treatment agreement or order confirmation to provide services or products) can be sent via email or printed by mail.
Every agreement entered into with Aereon Creations contains the resolutive condition that the client will prove to be of sufficient creditworthiness. This assessment shall be made exclusively by Aereon Creations Client shall permit Aereon Creations to request information concerning him if necessary.
Data and/or information made available by Aereon Creations to the client, such as work programs, training and materials for services provided, education and massage etc., as well as data in printed matter, drawings, images etc. by Aereon Cre ations , are not binding for Aereon Creations and are given in good faith. The client is obliged to ensure that the aforementioned materials are neither copied nor made available to third parties or that the contents thereof are made known to third parties.

Article 5 | General terms and conditions of contract partners and/or third parties

Aereon Creations only accepts the applicability of general terms and conditions of contract partners and/or third parties if they are expressly agreed upon in writing.
However, any applicability of the aforementioned general terms and conditions shall not affect the applicability of the general terms and conditions of Aereon Creations .
General terms and conditions are only accepted by Aereon Creations under the above conditions and only apply to the intended transaction. Subsequent transactions will not automatically be handled again through those purchase conditions.

Article 6 | Intellectual property rights

On all designs, images, drawings, models and texts provided by Aereon Creations he reserves all intellectual property rights. Reproduction, disclosure and copying are only permitted with the express written permission of Aquarius Business i.o..
The designs, images, drawings, texts and models referred to in the first paragraph shall remain the inalienable property of Aereon Creations and must be returned without delay at its first request. For each act performed in violation of this provision, the other party shall owe a penalty of €5,000.00, without prejudice to Aereon Creations ‘ right to claim full damages.

Article 7 | Obligations of Aereon Creations

Aereon Creations is obliged to perform the services mentioned in article 1.1 (incl. products to be delivered) according to the provisions of the agreement. These provisions will be recorded in writing in the (treatment) agreement.
Aereon Creations shall perform the services mentioned in article 1.1 (incl. products to be delivered) to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, guidelines of the professional groups/professional organizations, the legislator and new earth principles.
Aereon Creations handles all client data in accordance with the guidelines contained in the AVG (the General Data Protection Regulation).
Aereon Creations will keep all information and the content of conversations conducted under the obligation of confidentiality. Information is considered confidential if this has been communicated by the client or if this arises from the nature of the information. Confidentiality lapses if, by virtue of a statutory provision or court order Aereon Creations is obliged to disclose said confidential information to the legislator or his/her authorized representative.

Article 8 | Obligations of the client

The client shall ensure timely availability to Aereon Creations ;
1. About the (medical) data necessary for the design of the work and, if necessary, also about the medical consent of a person authorized to do so and registered in the BIG register. Should consultation with Aereon Creations be necessary or desired, consultation with the BIG registered expert can be carried out with the consent of the client.
2. About the space where the work is to be performed, if it is agreed that the services mentioned in Article 1.1 or treatments will be performed at the client’s location.
3. About sufficient opportunity for supply of products and other supplies.
4. Over connection facilities for electrical appliances, lighting, heating, water and other energy required for the performance of the work shall be available within 25 meters.
5. About being allowed to use a secure WiFi network.

Aereon Creations stipulates as a condition for the mentioned services in article 1.1 c.q. treatment that the client presents all his medical complaints, problems and questions to the (family) doctor and / or specialist, and also follows the diagnosis and related medical advice of the doctor. Even if this means that the doctor advises to stop the services mentioned in article 1.1 and/or treatments at Aereon Creations . Aereon Creations always respects and acts according to the medical prescriptions of (general) physicians. Aereon Cre ations does not make medical diagnoses.
The client is obliged to provide, without claiming compensation, water, gas, electricity, if the services mentioned in Article 1.1 or the treatments take place on the client’s premises.
If the client has reserved to itself the delivery of certain materials and/or the performance of certain parts of the contract, it shall be liable for untimely delivery or untimely performance thereof
If the commencement or progress of the work is delayed by factors for which the client is responsible, the resulting damage and costs incurred by Aereon Creations may be charged to the client
If the client is unable to attend an appointment, he must cancel it with Aereon Creations by telephone or email as soon as possible, but no later than 48 hours before the appointment. If the client fails to do so, Aereon Cre ations will charge the entire amount for the agreed treatment.
The client shall provide Aereon Creations with all data, which the legislator has determined that said data is necessary – to be provided.

Article 9 | Outsourcing work to third parties
Client gives Aereon Creations permission to be allowed to engage the help and expertise of third parties for the execution of the assignment. Aereon Creations assesses per situation whether this is necessary and always explains this choice to the client before the step is taken to consult the external expert. If the client does not wish this, this will be respected and the desired expert will not be consulted.

Article 10 | Prices

If after the time of acceptance of the order, changes are made by the government or trade unions to wages, working conditions, or social provisions, each of the parties has the right to demand full settlement.
Unforeseen interim changes in material prices may be passed on.
If the price fluctuation exceeds 5% of the agreed transaction, both parties have the right to demand full settlement.

Article 11 | Materials

Unless otherwise agreed, normal trade quality is supplied and processed from the products.
Slight deviations in quality, color, hardness, thickness, etc., shall not constitute grounds for rejection. In assessing whether a delivery deviates beyond permissible limits, an average should be taken from the delivery. Minor changes (e.g. minor model changes) of or to the items forwarded by Aereon Creations do not constitute grounds for rejection.

Article 12 | More and less work

The work includes only that, which has been agreed between the parties in writing.
During mentioned services in article 1.1treatments, additional work ordered by the client, orally or in writing, are eligible for settlement. These are activities that were not included in the (treatment) agreement.
Costs to be incurred by Aereon Creations which find their cause beyond its fault may be charged to the client.

Article 13 | Cancel

If the client cancels the order and/or refuses to take delivery of the products, it shall be obliged to accept and pay for the materials already purchased and/or hours worked by Aereon Creations in connection with the preparation of the order, whether or not processed at cost price, including wages and social security charges, and shall otherwise be liable to Aereon Creations for full compensation for what has already been performed.
Client shall also owe Aereon Creations as compensation the amount of 1/3 of the agreed price. Client is further obliged to indemnify Aereon Creations against claims by third parties as a result of the cancellation of the order and/or refusal of the products.
Without prejudice to the previous paragraph of this article, Aereon Creations reserves all rights to claim full performance of the agreement and/or full compensation for damages.
Whether or not subsidies, fees or other forms of compensation or financing are granted shall never be grounds for canceling orders given, unless otherwise agreed in writing between the client and Aereon Creations .

Article 14 | Completion deadlines

The agreed delivery terms are not deadlines, unless expressly agreed otherwise. In the event of late delivery, the client must give Aereon Creations written notice of default.
The delivery deadlines are set in the expectation, that there are no impediments for Aereon Creations to undertake the execution of the order to perform the services mentioned in article 1.1.
If ordered goods have not been taken by the client after the expiry of the delivery deadlines, such goods shall be stored at his disposal at his expense and risk.

Article 15 | Advertising

The client is obliged to thoroughly inspect the goods for defects immediately after delivery and, in the event of their presence, to notify Aereon Creations immediately in writing. This provision also applies to the services mentioned in article 1.1, as described in the (treatment) agreement.
If the client does not point out to Aereon Creations any defects within 8 days after the day of delivery or treatment, which could have been noticed upon thorough investigation, the client shall be deemed to agree with the condition in which the purchased item has been delivered or the service has been taken, and any right to complain shall lapse.
Aereon Creations should be given the opportunity to verify submitted claims. In the event of agreement, a written statement will be drawn up to be signed by both parties.
If the complaint is correct in the opinion of Aereon Creations , Aereon Creations shall either pay fair compensation up to a maximum of the invoice value of the goods and services delivered, or ensure that the defects that have occurred are remedied.

Article 16 | Liability

Aereon Creations is not liable for costs, damages and interest that may arise as a direct or indirect result of:

Force Majeure, as further defined in these terms and conditions;
Acts or omissions of the principal, his subordinates, or other persons employed by him or on his behalf;
Damage to the delivered items due to external mechanical, chemical or biological influences;
Any other outside cause.

Aereon Creations is liable to a maximum of the amount covered by its insurance for the services provided as agreed in the (treatment) agreement – or to a maximum of the invoice value for damage to equipment and goods. Statutory liability shall only apply insofar as arising through the fault of Aereon Creations or of those who have been employed by Aereon Creations on the work(s) assigned to Aereon Creations .
Information and advice provided by the Contractor are of a general nature only and without obligation. Aereon Creations is not liable for damages of any kind arising from misinterpretation thereof by the client.
Aereon Creations is not liable for damages of any nature whatsoever caused by Aereon Creations ‘ reliance on incorrect and/or incomplete information provided by the client regarding relevant physical and/or psychological conditions, use of medication, work activities or certain forms of leisure activities.
Any participation in a treatment, course or workshop is at the client’s own risk.
Aereon Creations is never liable for consequential damages.

Article 17 | Force majeure

Extraordinary circumstances, including storm damage and other natural disasters, obstruction by third parties, obstruction of transport in general, full or partial strikes, riots, war or danger of war both here in the country and in the country of origin of the materials, lockouts, loss of or damage to goods in transport to Aereon Creations or the principal, non-delivery or late delivery of goods by suppliers of Aereon Creations , ex- and import bans, full or partial mobilization, obstructive measures of any government, fire, breakdowns and accidents in the company or in the means of transport of Aereon Creations , or in the means of transportation of third parties, the imposition of taxes or other government measures, which involve a change in the actual circumstances, provide for Aereon Creations force majeure, which Aereon Creations released from its obligation to deliver products or perform the services referred to in Article 1.1, without the client being able to assert any right to compensation of any kind or however called.
Aereon Creations shall in these or such cases be entitled, at its sole discretion, to either cancel or suspend or modify the contract, respectively, until the extraordinary circumstances have ceased to exist, in which case the client shall be obligated to pay for any performance delivered.

Article 18 | Retention of title

As long as Aereon Creations has not received full payment regarding an agreement of the parties regarding the performance of said services in Article 1.1, or the sale of products (including any damages, costs and interest), the delivered goods, remain the property of Aereon Creations .
Aereon Creations is entitled to reclaim and take possession of these goods if the defaulting client fails to fulfill its obligations, if it goes into liquidation, applies for or has obtained a moratorium, is declared bankrupt or the goods are seized.
All acts of disposition regarding the sold and delivered goods, the client is prohibited, as long as he has not fulfilled his payment obligations.

Article 19 | Default and termination

If the client defaults in any way, he will be in default for that alone without any notice of default being required. Without prejudice to the provisions of the Civil Code, Aereon Creations shall, in the event of default, have the right to suspend the agreement concluded, to declare it dissolved in whole or in part without judicial intervention, at its discretion.
Aereon Creations also has the rights referred to in the previous paragraph of this article if the client is declared bankrupt or bankruptcy is applied for, if he has applied for or obtained a moratorium, his immovable property has been seized, his company has gone into liquidation or has been or is being taken over by a third party or third parties, or if he intends to leave the Netherlands permanently. In all these cases, all claims which Aereon Creations has on the client shall be immediately due and payable.

Article 20 | Payment

Unless expressly agreed otherwise, the terms of payment are: Goods and services will be invoiced and must be credited to the Contractor’s account before or no later than the day of commencement, or paid in cash upon completion.
Every payment made by the principal shall primarily serve to pay the interest owed by him as well as the extrajudicial and judicial costs, as described below, and shall thereafter be deducted from the oldest outstanding claim.
The client shall be in default by the mere expiry of the aforementioned period of seven days from the date of invoice, without the need for notice of default.
If the aforementioned term of payment of seven days is exceeded, the client shall owe interest of 1% per month, whereby part of a month shall be counted as a whole month.
All judicial and extrajudicial costs which the Contractor has to incur in connection with non-performance/shortcomings by the Client shall be borne by the latter.
In case of late payment, the extrajudicial collection costs will be at least 10% of the amount to be collected with a minimum of 97.50 euros.
The Contractor shall be entitled to suspend its work, even if a fixed delivery time has been agreed, if the Client is in default of its payment obligations.
The contractor shall always be entitled, before delivering or proceeding with delivery or fulfillment of the order, to require such security for the fulfillment of the client’s payment obligations as he deems sufficient. Refusal by the Client to provide the requested security shall entitle the Contractor to terminate the Agreement by means of a written statement to that effect, without prejudice to the Contractor’s right to compensation for expenses and loss of profit.

Article 21 | Disputes

All disputes arising from the agreements concluded between the parties, including the mere collection of the amount due, will be brought before the Civil Court of the domicile of Aquarius Business i.o., if it so desires, to the extent that the Civil Court is legally competent to do so.
However, the choice of forum mentioned in the previous paragraph does not affect the right of Aereon Creations to submit a dispute to the Disputes Committee under the Act Wkkgz. Youth Care record.
The National Ombudsman handles complaints about youth care, when assistance is provided in a so-called forced framework such as in the case of a supervision order pronounced by a court. Aereon Creations has the right to submit a dispute in the context of the complementary care provided to the National Ombudsman. In case of complaints for voluntary youth care, Aereon Cre ations can turn to the AKJ trustee in youth care.

Addendum to the General Conditions of Aquarius Business i.o., regarding training and courses

This addendum is a further elaboration of the General Terms and Conditions of Aereon Creations relating to, among other things, training, workshops, courses and trainings. The General Terms and Conditions form the basis and framework. Below, the General Terms and Conditions have been elaborated from Article 3 onwards specifically for training, education and courses.

Article 1 | Validity of this addendum

This addendum applies to all agreements entered into with Aquarius Business i.o.. An agreement covers the provision of a service within the framework of coaching, training, consultancy and complementary care, as well as the sale of products within the framework of these mentioned services
This addendum applies to all offers made by Aereon Creations , whether or not they resulted in a contract.
In this addendum, Aereon Creations is referred to as the contractor, while the other party, the client, is further referred to as the principal. A client may be a natural or legal person.
The client’s general or delivery terms and conditions shall not apply unless accepted in writing by the contractor.
The order to perform the services mentioned in article 1.1, or the order of products by the client shall be deemed as acceptance of these general terms and conditions and this addendum. Special provisions deviating from these general terms and conditions and addendum shall be binding only if agreed in writing.

Article 2 | Offers

All offers and/or quotations are without obligation unless otherwise expressly stated.
Verbal offers by Aereon Creations or its subordinates are not binding unless confirmed by it in writing.
Unless otherwise agreed, Aereon Creations is bound to maintain its offers for 14 days.

Article 3 | Entries

All courses, workshops, training or education are held subject to sufficient enrollment.
Entries will be considered in order of receipt.
Options are valid up to one month before the start of the activity.
Registration is final from the moment a (purchase) payment has been made. See also article 4.3. There is no reflection period.

Article 4 | Payment

Rights can be derived by a participant from the agreement with Aereon Creations only after payment has been made for the activity.
Without payment, a potential participant has no guarantee of participation in the activity. After payment, Aereon Creations will determine whether or not the participant is supernumerary. This is the case, if at that time the maximum number of participants has been reached. If that is the case, the amount will be refunded by Aereon Creations, unless otherwise agreed upon.
In any case, the participant or his client must pay the entire claim within 14 days of the invoice date, unless explicitly agreed otherwise and in writing or digitally by mail with Aquarius Business i.o.
For larger courses and trainings (duration longer than one month or size more than 10 day parts) a down payment is sufficient for the right of participation and the rest of the course fee must be paid at the latest two weeks before the start of the activity. For these activities, the down payment will not be refunded in case of cancellation (see article 5).
Payment in installments – in the case of larger courses and trainings – is negotiable. Payment in installments requires a cost surcharge of 5%. The agreed instalments will be recorded in writing or by email.
Except for the legal rules around force majeure, there are no grounds for not fulfilling the agreed payment obligations and all amounts remain due and payable under all circumstances.
If the agreed partial payment deadlines are not met punctually, the partial payment agreement shall expire without any notice and the participant shall no longer be able to claim it. If so, the entire claim is immediately due and payable.
If the payment term is exceeded, participant shall be in default. With effect from the date on which the default commenced, participant shall owe interest on the outstanding portion of the claim (up to the statutory interest rate), whereby part of a month shall be counted as a whole month.
If the participant is in default with payment – or with the fulfilment of any other obligation from an agreement – Aereon Creations is entitled to proceed to the full or partial dissolution of that agreement without judicial intervention. This is without prejudice to the right of Aereon Cre ations to claim damages.
All extrajudicial collection costs of 15% of the outstanding amount with a minimum of € 97.50 shall be borne in full by the participant. As such are also considered the costs of lawyers, bailiffs and collection agencies, which costs are determined in accordance with the applicable or usual rates.
Both Aereon Creations and the participant are entitled to terminate this agreement immediately if the other party has applied for suspension of payment or is declared bankrupt, or – in the case of the participant being a natural person – is placed under guardianship or dies.

Article 5 | Cancellation and modification by participants

Cancellation of a course by a participant (or his or her client) must be made in writing by registered mail. The date of the postmark of this letter shall be deemed to be conclusive regarding the date of notice.
In the event that a participant is unable to attend, participant is entitled to sign up a substitute until the start of an activity. In some cases, a positive intake interview is necessary for this substitute participant.
Cancellation or shifting to another course date of the same activity is possible free of charge for smaller activities (duration less than one month or a size of less than 10 day parts) up to 1 month before the start of the activity. For cancellations between 30 days to 14 days before the start of the activity, 50% of the course fee will be charged. For cancellation from 14 days before the start of the activity, 100% of the course fee will be charged.
Cancellation or rescheduling to another course date for the same activity is possible for larger activities (duration of more than one month or more than 10 half-days) up to 2 months before the start of the activity. An amount equal to the applicable down payment for this activity will then be due in connection with obligations entered into by Aereon Creations . In case of cancellation between 2 months and 1 month before the start of the activity, 50% of the course fee will be charged. For cancellation from 1 month before the start of the activity, 100% of the course fee will be charged.
If the participant fails to appear or drops out early or prematurely, the full course fee will be due.
The cancellation policy described above also applies to residentially organized activities – where lodging and accommodation expenses are involved. This is subject to the date on which the activity takes place at the location, unless explicitly stated otherwise. In case it is otherwise, the arrangement of the organization responsible for the lodging and accommodation is assumed. In that case, this will be communicated in a timely manner.

Article 6 | Execution of the assignment by Aereon Creations

If Aereon Creations is unable to perform due to circumstances that were not known to it – at the conclusion of the agreement – {Name of Company] has the right to modify the agreement in such a way that performance becomes possible.
Aereon Creations has the right to suspend fulfillment of its obligations if, as a result of changes in circumstances – which could not reasonably be expected at the time the agreement was concluded and were beyond its control – it is prevented from fulfilling its obligations
Some of Aereon Cre ations’ activities may be accredited by outside agencies. To obtain and maintain these accreditations, Aereon Cre ations depends on the judgment of these bodies. Aereon Cre ations has a best-efforts obligation to acquire and maintain accreditations, but cannot guarantee that any accreditation will be acquired or maintained. This also applies to any other rights provided by external parties where Aereon Creations has no influence on the terms and validity period set.
Aereon Creations reserves the right to make organizational and content changes regarding courses, trainings or other group activities.
Aereon Creations strives to keep scheduled activities going at all times. Aereon Creations will provide a suitable alternative. If Aereon Creations is unable to offer an alternative activity, the participant is entitled to a partial or full refund of the course fee paid (depending on the part that could not take place).
For reasons of quality improvement and/or reprogramming, Aereon Creations always reserves the right to make interim changes to the content of training programs. This with due observance of maintaining the overall objective of what has been agreed. No rights can be derived from any brochures, website, etc.
Aereon Creations reserves the right to change the location of an activity (before or during the course of an activity).
Admission to a course, workshop or training year is based on a written or oral intake. The interests of the participant, the other participants of the activity group in question and the capacities of the trainer are taken into consideration. If desired, Aereon Creations will motivate its decision. For multi-year training courses, this assessment takes place at the beginning of each training year.
The maximum obligation of Aereon Creations is the duration of the activity and never longer than one year of training. Aereon Cre ations is free to adjust the curriculum and design of multi-year training programs in the interim. Aereon Cre ations always sets the costs per year.
Only for weighty reasons can Aereon Creations deny a participant the right to further participation in a course, workshop or training. These reasons may include the protection of the individual himself, the functioning of the other participants, safety in the group, an assessment of being able to meet realistic training expectations or the protection of the trainer or educator. Aereon Creations will motivate a denial. The final responsibility for this decision lies with Aereon Creations .
Insofar as Aereon Creations depends on information from, or cooperation by, the participant or client, respectively, for proper fulfillment of its obligations, Aereon Creations shall be discharged from its obligations in the event of untimely or incorrect or incomplete provision of such information or cooperation.

Article 7 | Liability

The participant in an activity of Aereon Creations participates in activities at his/her own risk and responsibility. The liability of Aereon Creations is limited to the legal liability. Any maximum recoverable damages from Aereon Cre ations are limited to the paid course fee or the maximum amount insured by Aereon Cre ations.
Should a (renewed) performance of an activity not be possible, then the possible liability of Aereon Creations is explicitly limited to an amount equal to what Aereon Creations has charged the participant or client in connection with that agreement or the amount paid by the latter for that purpose.
No rights can be derived from the contents of any brochure or website text.

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