Article 1 Applicable Conditions

1. Writeway puts out tenders and signs agreements for the performance of thesis coaching and services, only on the basis of the following terms and conditions. The rates apply exclusively to clients.
2. Should one or more provisions in these terms and conditions be invalid or declared null, the remaining terms and conditions will continue to be applicable regardless, unless adherence to the agreement is manifestly unreasonable.

 

Article 2 Offers and tenders

1.    The offers made by Writeway, well as any price quotes, are valid for thirty (30) days, unless otherwise indicated.

2.    All prices are quoted in Euros.

3.    A compound price estimate shall not oblige user to execute part of the assignment for a corresponding share of the quoted price.

 

Article 3 execution of services

1.    Writeway gives thesis coaching and provides workshops to the best of its ability and in accordance with the requirements of good workmanship, based on the best available knowledge at that time. No rights or guarantees may be derived from this. The client always remains responsible for results.

2.    Insofar as is required for the implementation of the agreement and execution of services, Writeway has the right to let certain work be done by a third party.

3.    The client shall ensure that all data which Writeway claims to be necessary, or which the client should reasonably understand to be necessary for the thesis coaching, will be provided to Writeway.

4.    Writeway shall not be held liable or responsible for damages of any kind, when these are due to Writeway having based herself on false, or incomplete information supplied to her by the client, unless the falsity, or incompleteness of this information ought to have been knowable to Writeway.

5.    None of the offers, nor the first intake session, the latter only provided that it is conducted by phone or online with a consultant (who is not the eventual thesis coach of the client in question), are binding unless expressly stated otherwise in writing. The agreement between Writeway and the client is established by signing an engagement letter.

6.    The dates of the thesis coaching or workshop will be determined in consultation between the parties.

7.    A thesis coaching hour as a unit of time is made up of sixty minutes. 

 

Article 4 Amendment of Agreement

1.    If, during the thesis coaching, it turns out that, for the proper implementation of the agreement, it is necessary to change the services that are to be delivered, Writeway will do his best to implement the necessary changes as soon as possible. However, the client should take into account that this can take some time. 

2.    If parties agree that the agreement is to be amended or supplemented, Writeway shall inform client of this as soon as possible.

3.    In case the amendment or supplement has financial and/or qualitative agreements consequences, Writeway shall inform the client thereof in advance.

4.    In contravention of what is stated in paragraph 3, Writeway may not charge extra costs if the amendment or supplement is the result of circumstances that can be attributed to Writeway.

5.    The client is entitled to cancel a thesis coaching appointment or editing service. If cancelled up to five (5) days before the scheduled start of the thesis coaching appointment, client will owe ten percent (10%) of the offer price to user. In case of a cancellation between twenty-four (24) and forty-eight (48) hours beforehand fifty percent (50%) of the offer price will be owed. In case of a cancellation of an appointment by the client less than twenty-four (24) hours before the appointment, client owes one hundred percent (100%) of the offer price. 

6.    Writeway reserves the right to change its rates and the level of transaction costs from time to time. If Writeway intends to change its rates, it will announce this one (1) month before the effective date of the change(s). In such a case the client has the right to terminate the agreement in writing within four (4) weeks after the announcement. The right of termination will expire one (2) month after the publication of the new rates list and/or transaction costs.

 

Article 5 Duration of the Contract; execution time

1.        The agreement is entered into between Writeway and the client for a fixed term, as agreed between the parties, unless the nature of the agreement dictates otherwise, or if the parties expressly agree otherwise in writing. Thesis coaching hours do not expire.

2.       Should Writeway and the client agree on a date and time for the completion of a certain service, the agreed time does not ever constitute a deadline. If Writeway has not delivered the service by the agreed time, or if the client has any other complaints regarding the service, the client must write a proof of default within one month and email it to: info@writeway.nl

 

Article 6 – Fees for 1-on-1 online services

1. When the parties enter into an agreement they must agree on a fixed hourly fee. (Thesis coaches charge the coaching time by the minute.)
2. The fee for online coaching is €68,- excl. VAT per hour, if the client purchases up to four hours at a time.
3. The fee for online coaching is €319,- excl. VAT per five (5) hours.
4. The fee for online coaching is €599,- excl. VAT per ten (1) hours. 
5. A transaction fee has to be paid for each transaction.

 

Article 7 – Fees for 1-on-1 services on location

1. When the parties enter into an agreement they must agree on a fixed hourly fee.
2. The fee for online coaching is €179,- excl. VAT per hour, if the client purchases up to four (4) hours at a time.
3. The fee for online coaching is €420,- excl. VAT per five (5) hours.
4. The fee for online coaching is €750,- excl. VAT per ten (10) hours. 
5. A transaction fee has to be paid for each transaction.

 

Article 8 Payment and collection costs

1. Payment must be made before the start of the individual coaching.
2. Payments are made according to Writeway’s instructions and in the currency used in the declaration of expenses. Objections to the amount of the invoices do not suspend the obligation to pay.
3. Payment must be made within seven (7) days after sending the invoice.
4. If the client defaults in payment, then the client is in default by right. In such a case Writeway shall not perform any services until the client has paid.
5. If the client is in default, or fails to fulfil one or more of his obligations, then all reasonable costs for obtaining payment are borne by the client.

 

Article 9 Retention of Title

1. All materials provided by user, including but not limited to designs, sketches, drawings, films, software, etc., remain the property of Writeway, until the client has fulfilled all of his obligations under all agreements entered into with Writeway.
2. The client is not entitled to pawn the materials subject to retention of title. Nor is the client entitled to mortgage said materials in any other way.
3. Materials provided by Writeway, which are subject to retention of title by virtue of what has been specified in paragraph 1 of this article may only be resold within the context of normal business operations and may never be used as an instrument of payment.
4. In the event that user wishes to exercise his title specified in this article, the client hereby gives unconditional and irrevocable permission to Writeway, or to third parties that are designated by user, to access all those places where the user’s materials are located and to take these materials back.

 

Article 10 Complaints

1. Complaints about coaching or other services that have been provided by Writeway should be reported immediately by the client. If the complaint arises after the conclusion of the thesis coaching, the client is obliged to report it within seven (7) days after this conclusion of the services. Writeway should be notified of the complaint in writing within seven (7) days. The letter of complaint may be sent to info@writeway.nl. The complaint should give a description of the complaint that is as detailed as possible of the shortcoming and it should include proof of said shortcoming, so that Writeway is able to respond adequately.
2. If a complaint is well-founded, Writeway shall continue to perform the services as agreed, unless this has become demonstrably useless for the client. The latter must be made known in writing by the client. Refunding of hours that have been used is not possible, unless there is clear evidence of a mistake by Writeway.

 

Article 11 Termination, suspension and termination

1. Both parties may cancel the agreement at any time, but refunding of hours is not possible.
2. If the agreement is terminated prematurely by the client, Writeway shall be entitled to compensation of the thereby plausibly thereby resulting occupancy loss, unless there are facts and circumstances underlying the termination which can be attributed to Writeway. The client shall furthermore be obliged to pay the invoices for the services that have been provided to date. The preliminary results from the work done to date will therefore be made available with reservation to the client.
3. If the agreement is terminated prematurely by Writeway, Writeway shall, in consultation with the client ensure transfer of additional work to third parties, unless there are facts and circumstances underlying the termination which can be attributed to the client.
4. If, in transferring the work to third parties, additional costs are incurred, these costs will be charged by Writeway to the client.
5. Writeway is authorized to suspend the fulfilment of the obligations, or to dissolve the agreement if:

• The client does not, or does not fully comply with the obligations under the agreement;
• After the conclusion of the agreement Writeway learns of circumstances giving good ground to fear that the client will not fulfil his obligations. In case there are compelling reasons to fear that the client will only partially or improperly fulfil his obligations, suspension shall only be allowed in so far as this is justified by the shortcoming;
• Writeway, at the conclusion of the agreement, has been requested to provide security for the fulfilment of his obligations under the agreement and this security is not provided or insufficient.
• Furthermore, Writeway is entitled to terminate the agreement if such circumstances arise that fulfilment of the contract has become impossible or can no longer, according to standards of reasonableness and fairness, be demanded.
• In case the agreement is dissolved the claims of Writeway against the client are claimable immediately. If Writeway suspends fulfilment of the obligations, she will retain her claims pursuant to the law and the agreement. Writeway shall always retain the right to claim damages.

 

Article 12 Liability

1. Writeway and the client will enter into consultation about the way in which services are to be provided. Although the services are provided by Writeway to the best of her knowledge and ability, as well as in accordance with the requirements of good workmanship, Writeway cannot thereby provide any guarantees to the client regarding the academic results that are generated by the services. The client, therefore, has no claim against Writeway regarding the quality – more precisely, the final grade – awarded on the basis of the thesis that is to be written by the client. Writeway has an obligation to give sound and helpful advice based on his knowledge and expertise to the client, but he has no obligation to deliver a particular result, as measured by the assessment of the thesis at the university.
2. If user is liable for direct damage, that liability will be limited to twice the invoice amount, at any rate, to that part of the assignment to which the liability relates.
3. In contravention of what has been stipulated in paragraph 2 of this article, for an assignment with a duration longer than six (6) months, the liability is limited to the amount owed over the last six (6) months of the assignment.
4. Direct damage is understood to mean:
   • reasonable costs of determining the cause and extent of the damage, to the extent that this determination relates to damage within the meaning of these terms and conditions;
   • reasonable cost incurred due to the poor performance of Writeway to attain agreement unless it cannot be attributed to Writeway;
   • reasonable costs, which have been incurred to prevent or limit the damage, to the extent that the client demonstrates that these costs limited direct damage within the meaning of these terms and conditions.

5. Writeway shall never be liable for indirect damage, including consequential loss, lost profits, missed savings and damage due to stagnation.
6. The limitations of liability included in these terms and conditions for direct damages do not apply if the damage is due to intent or gross negligence of Writeway.

 

Article 13 Transfer of Risk

1. The risk of loss or damage to the materials which are subject of the agreement, shall be transferred to the client at the moment they are supplied, legally and/or factually, to the client and are thus brought into the control of the client or of a third party designated by the client.

 

Article 14 Force Majeure

1. Parties are not obliged to fulfil any obligation, if they are hampered in this fulfilment by a circumstance that is not due to their own fault, and which is not attributable to them under the law, nor by virtue of a legal action or a generally prevailing opinion.
2. In these terms and conditions ‘force majeure’ will be taken to mean in addition to its definition in law and legal precedent, all external causes which Writeway which are outside of Writeway’s control, yet which nevertheless prevent Writeway is from meeting her obligations. Strikes in Writeway’s company are included in this definition.
3. Writeway shall also be entitled to invoke force majeure, if the circumstance that prevents (further) fulfilment occurs after user should have fulfilled his obligations
4. Parties may, during the period in which force majeure occurs, suspend the obligations arising from the agreement. If this period lasts longer than two (2) months, either party may terminate the agreement without any obligation to cover damages incurred by the other party.
5. Insofar as Writeway, at the time when force majeure takes effect, has partially fulfilled, or will be able to fulfil the obligations arising from the agreement, and if the part that has been fulfilled or is to be fulfilled has independent value, Writeway is entitled to charge the part that has been fulfilled or is to be fulfilled separately. The client is obliged to pay this invoice as if it were a separate agreement.

 

Article 15 Confidentiality

1. Both parties are obliged not to disclose any confidential information obtained in the course of their agreement from each other or from another source. Information is to be considered confidential if such has been stated by the other party or if it follows from the nature of the information
2. If, pursuant to a statutory provision or a court order, Writeway is obliged to disclose confidential information to third parties designated by law or by the competent judge, and user cannot invoke a legal privilege or a privilege acknowledged or approved by the competent judge to excuse himself from this obligation, then Writeway is not obliged to pay damages or indemnification and the other party will not be entitled to terminate the agreement due to any damage this has caused.

 

Article 16 Intellectual Property and Copyrights

1. Without prejudice to what has otherwise been stipulated in these terms and conditions, user shall reserve the rights and powers which accrue to user under the Copyright Act (in Dutch: Auteurswet).
2. All documents supplied by Writeway, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are to be used exclusively by the client and may not be reproduced, nor made public, nor disclosed to third parties, by him without the prior written consent of Writeway, unless the nature of the supplied documents dictates otherwise.
3. Writeway reserves the right to use the knowledge acquired during the implementation of the activities for other purposes, provided that no confidential information is disclosed to third parties.

 

Article 17 Applicable law and disputes

1. Dutch law is applicable to any agreement between Writeway and the client.
2. The judge in the place of business of user has exclusive jurisdiction to take note of disputes between user and client, unless the district court (in Dutch: kantonrechter) has jurisdiction. Notwithstanding, user shall be entitled to submit the dispute to the legally competent court.
3. The last registered version will applicable, or the version valid at the time of the conclusion of the agreement, as the case may be.