1. Applicability

These Terms & Conditions (hereinafter referred to as "Terms") apply to all services, offers, and agreements provided by Emerge Coaching & Counselling, Emerge with Jess, and Soulful Compass (collectively referred to as the "Contractor") to any individual or entity ("Client") engaging in services through these brands. This includes but is not limited to coaching, counselling, intuitive guidance, and any other related services provided by the Contractor.

2. Company Description

Emerge Coaching & Counselling (KvK/Dutch Chamber of Commerce: 86246097) is an independent agency that provides services in coaching, counselling and intuitive guidance. This includes services offered through the secondary trade names Emerge with Jess and Soulful Compass.

3. Definitions

a. Contractor: Jessica L. Klap-Newcomb, operating under Emerge Coaching & Counselling, Emerge with Jess, and Soulful Compass.

b. Client: The individual or entity engaging in services offered by the Contractor.

c. Agreement: A contract formed when the Client requests or books services with the Contractor and agrees to these Terms.

d. Services: Any service provided by the Contractor, including but not limited to coaching & counselling sessions, intuitive guidance sessions (including intuitive card readings), workshops, or any other offerings as detailed on the Contractor’s website or agreed upon between the Contractor and the Client.

4. Execution of the Agreement

a. The Contractor will provide services to the best of their knowledge and ability and in accordance with the principles of good workmanship.

b. The Contractor has a best efforts obligation and does not guarantee specific results from any service provided.

c. The Client agrees to provide necessary and accurate information required for the execution of services in a timely manner. Delays caused by insufficient or inaccurate information may result in additional charges or rescheduling.

d. The Contractor is not responsible for any damages resulting from reliance on inaccurate or incomplete information provided by the Client.

5. Prices, Quotes and Payment Terms

a. Pricing and Quotes: Prices are quoted in euros, exclusive of VAT (BTW), unless otherwise specified. The applicable VAT (BTW) rate will be added to the final invoice. Quotations are non-binding, valid for 30 days, and based on the information available at the time. The Contractor is not bound by obvious errors in the quotes.

b. Agreement and Work Without Fixed Pricing: An agreement is formed when the Client signs and returns the quotation or contract, and the Contractor acknowledges receipt. For work that does not have a fixed price agreed upon in advance, the Client will be charged based on the Contractor’s standard rates, which will be calculated after the work is completed.

c. Payment Due Date: The total amount for all services, including any applicable VAT (BTW) as stated on the invoice, must be paid in full within 14 days of the invoice date, unless otherwise specified or agreed upon. For trajectory package bundles, payment is required at least 72 hours prior to the first session, also known as the intake session, unless otherwise agreed upon.

d. Payment Method: Payment must be made into the Contractor’s designated bank account or via another specified payment method.

e. Refunds and Price Changes: No refunds will be provided after payment, except as required by law. Prices may change without prior notice.

f. Consumer Rights and Cooling-Off Period: In accordance with EU law, the Client has a 14-day cooling-off period for distance contracts (applicable only to consumers), unless services have already been fully performed or another exception applies. To exercise this right, the Client must notify the Contractor in writing within the cooling-off period, clearly stating their intent to cancel the agreement.

g. Late Payment: In the event of late payment, the Client will owe default interest at the statutory interest rate applicable under Dutch law, which is 8% per year for business transactions and 2% per year for consumer transactions, from the due date stated on the invoice. The Contractor reserves the right to charge for all judicial and extrajudicial collection costs.

h. Invoice Objections: Any objections to the invoice must be made in writing within two weeks of the invoice date. If no objections are raised within this period, the Client will be deemed to have accepted the invoice amount.

6. Cancellation and Rescheduling Policy

a. Client Cancellations: Cancellations made more than 48 hours before the scheduled service time will incur no cancellation fee, and the service may be rescheduled. Cancellations made between 48 to 24 hours before the scheduled service time will incur a 50% cancellation fee based on the full cost of the scheduled service. Cancellations made within 24 hours of the scheduled service time will incur a 100% cancellation fee, which is non-refundable. However, if both parties mutually agree, the service may be eligible for rescheduling.

b. Contractor Cancellations: The Contractor reserves the right to reschedule or cancel services due to illness, incapacity, or unforeseen circumstances. In such cases, the Contractor will make efforts to reschedule the service or offer a full refund if rescheduling is not possible.

c. Force Majeure: Neither party will be held liable for failure to perform their obligations due to events beyond their reasonable control, such as acts of God, war, terrorism, civil unrest, natural disasters, pandemics, or governmental actions. The Contractor will make reasonable efforts to reschedule the service or offer a refund if rescheduling is not possible, but is not liable for delays or failure to provide services due to such events.

7. Complaints and Disputes

a. If the Client has any complaints about the Contractor’s services, the Client agrees to contact the Contractor directly in writing. The Contractor will do their best to resolve the issue in a timely and satisfactory manner. If the Client and Contractor are unable to reach a satisfactory resolution, the Client has the right to file a complaint with the Landelijke Vereniging Supervisie en Coaching (LVSC), of which the Contractor are a registered member, or with the relevant consumer dispute resolution body.

8. Confidentiality

a. Both the Contractor and the Client agree to maintain the confidentiality of all information exchanged during the course of the services.

b. Confidentiality may be waived if there is an imminent risk of harm to the Client or others, or as required by law. This includes sharing information with third parties when necessary to comply with legal or regulatory requirements, such as billing, taxes, or other obligations mandated by law.

c. Communications related to the services will be kept confidential, but the Client acknowledges that third-party platforms (e.g., email, social media, phone apps, video conferencing, payment processors) may not be fully secure. The Contractor will take reasonable steps to protect confidentiality, but the Client should be aware of potential risks and review the privacy policies of these platforms.