CORESTAR TERMS & CONDITIONS
CORESTAR SMIB LTD is registered with Companies House, UK, number 14858626.
Article 1 * Terms
In these general terms and conditions the following terms have the following meanings, unless explicitly stated otherwise.
- Company: The natural or legal person trading as a professional or business.
- Client: The Company entering into a (remote) Agreement with the Service Provider.
- Service Provider: the legal person that provides services (remotely) to the Client, hereinafter referred to as: Corestar, abbreviated from its full registered name Corestar SMIB Ltd.
- Offer: Any written Offer to the Client for the provision of Services by the Service Provider.
- Services: the services Offered by Corestar, include coaching, online and on-site courses, workshops, training courses and more.
- Order: the execution of the Agreement by Corestar with respect to the services or Product requested by the Client.
- Agreement: the Agreement for the provision of services commissioned by the Client.
- The website used by Corestar is https://www.corestar.co.
Article 2 * Applicability
- These general terms and conditions apply to every Corestar Offer, every Agreement between Corestar and the Client and to every service offered by Corestar.
- Prior to the conclusion of a (remote) Agreement, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Corestar will inform the Client on how the Client can view the general terms and conditions, which is published on the Corestar website so that the Client can easily save these general terms and conditions on a durable data carrier.
- The possible applicability of general terms and conditions of the Client and third parties is expressly rejected.
- Deviation from these general terms and conditions is essentially not possible. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed upon in writing with Corestar. The Client’s terms and conditions are not explicitly inapplicable.
- These general terms and conditions also apply to additional, amended and follow-up Orders from the Client.
- If one or more provisions of these general terms and conditions are partially or completely invalid or are annulled, the remaining provisions of these general terms and conditions will be maintained, and the invalid/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in accordance with these general terms and conditions.
Article 3 * The Offer
- All Offers made by Corestar are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
- The Offers of Corestar are without obligation. Corestar is only bound by an Offer if acceptance is confirmed in writing by the Client within 14 days. Nevertheless, Corestar has the right to refuse an Agreement with a potential Client for a well-founded reason for Corestar.
- The Offer contains a complete and accurate description of the services offered. The description is so detailed that Client is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Corestar. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or the dissolution of the Agreement.
- Delivery times included in the Corestar Offer are indicative and, if exceeded, will not give the Client any right to dissolution or compensation, unless explicitly agreed otherwise.
- A compound quotation does not oblige Corestar to deliver part of the items included in the Offer or quotation for a corresponding part of the quoted price.
Article 4 * Realisation of the Agreement
- The Agreement comes into effect at the moment that the Client has accepted an Offer of Corestar.
- If the Client has accepted the Offer by giving an Order to Corestar, Corestar will confirm the Client’s Order in writing by e-mail. Each Offer is valid for a maximum of 14 days unless specifically stated otherwise, after which Corestar can no longer be held to an Offer.
- Corestar will not be bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or typographical error. The Client cannot derive any rights from this mistake or error.
- An Offer is only valid if made in writing by Corestar to the Client.
- In principle, the right of withdrawal does not apply to the retreat.
- If the Client cancels an Order already confirmed with regard to a lecture, the costs actually incurred will be charged to the Client, as well as at least 50% of the agreed price as laid down in the Agreement.
Article 5 * Duration of the Agreement
- If and insofar as an Agreement has been concluded between the Client and Corestar, the duration of this Agreement shall be in accordance with what the parties have agreed.
- Both the Client and Corestar may dissolve the Agreement on the basis of an attributable failure to comply with the Agreement only if the other party has been given notice of default in writing, as well as a reasonable period of time to comply with its obligations, and it fails imputably in this respect. This also includes the payment and cooperation obligations of the Client.
- The dissolution of the Agreement shall not affect the payment obligations of the Client if Corestar has performed work or provided services at the time of dissolution. The Client must pay the agreed fee.
- If the Client terminates the Agreement prematurely, he shall owe at least 50% of the agreed price. This amount may be increased by costs incurred by Corestar for travel and accommodation costs, as well as costs for the location and other costs to be incurred by the Client.
- Both the Client and Corestar can terminate the Agreement in whole or in part in writing without further notice of default with immediate effect in the event that one of the parties is in suspension of payment, has filed for bankruptcy or the Company in question is liquidated or otherwise than by merging or restructuring the Company. If a situation such as that mentioned above arises, Corestar will never be obliged to refund any money already received and/or compensation for damages.
Article 6 * Additional work and amendments
- If, during the execution of the Agreement, it appears that the Agreement needs to be adjusted and/or supplemented, or if, at the request of the Client, further work is necessary to achieve the desired result of the Client, the Client is obliged to pay for this additional work in accordance with the agreed rate. Corestar is not obliged to comply with this request, and may require the Client to enter into a separate Agreement for this purpose.
- If and insofar as a fixed price has been agreed upon for the provision of certain services, and the performance of those services leads to extra (urgent) work that cannot reasonably be deemed to be included in the fixed price, Corestar shall be entitled, after consultation with the Client, to charge these costs to the Client.
Article 7 * Invoice and Expense Terms
- Invoices will be sent electronically, unless the Client explicitly states a request for paper copy.
- All price quotes for corporate clients are exclusive of VAT. Prices for individual clients include VAT, where applicable.
- If Corestar carries out all or part of the assignment at the Client’s location or, at the Client’s request, at an external location, additional costs (travel and accommodation expenses and parking fees) may be charged. This will be discussed with the Client in advance.
- In the event of urgency, or if Corestar has to perform its work urgently based on instructions from the Client, the Client is obliged to reimburse the additional costs of the urgency.
- If Parties have agreed on a down payment, this down payment must be paid by the Client before Corestar commences its activities.
- The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have explicitly agreed otherwise.
- In the event of a periodic payment obligation on the part of the Client, Corestar is authorised to adjust the applicable prices and rates (only) in writing in accordance with the terms and conditions of the Agreement, with due observance of a period of at least three months.
- The Client is obliged to pay for the services of Corestar as stated in the Agreement and must pay the agreed amount within 14 days from the invoice date.
- The Client agrees to use one of the following payment methods:
- Bank transfer to Natwest Bank
Account name: Corestar SMIB Ltd.
Account number: 31429718
Sort code: 50-21-01 - Online payment by Tyl
- If explicitly agreed, the Customer must pay the amount owed per prepayment before Corestar commences its services.
Article 8 * Cancellation Terms
- When confirmed appointments (meetings, workshops, training) are cancelled a week prior to the scheduled appointment, 100% of the price is due, regardless of rescheduling
- Confirmed appointments 4 weeks (week 2, 3 and 4) or less before the scheduled engagement date: 50% of the price is due, unless the appointment is rescheduled within the following 2 months.
- Confirmed appointments 4 weeks (week 2, 3 and 4) or less before the scheduled engagement date that are not rescheduled within 2 months are owing 100% of the agreed fee.
Article 9 * Collection policy
- If the Client does not fulfil the payment obligation, and has not fulfilled this obligation within the payment term of 14 days, the Client will be in default and the Client will receive a written reminder with a request to pay the amount due within the term set therein.
- Late payments may attract interest. See Statutory remedy for late payment: The Late Payment of Commercial Debts (Interest) Act 1998. Please get in touch to discuss any problems with making prompt payment.
- If Corestar has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. Judicial and execution costs incurred are also at the expense of the Client.
Article 10 * Implementation of the Agreement
- Corestar will make every effort to implement the Agreement with the utmost care as may be required of a good contractor. All services are performed on the basis of an obligation to perform to the best of one’s abilities, unless a result has been explicitly agreed upon in writing, which has been described in detail.
- In executing the services, Corestar is not obliged or required to follow the instructions of the Client if this alters the content or scope of the agreed services. If the instructions result in additional work for Corestar, the Client will be obliged to reimburse the additional costs accordingly.
- The Client ensures that all information which Corestar indicates is necessary or which the Client should reasonably understand is necessary for the implementation of the Agreement, is provided to Corestar in a timely manner. If the information required for the implementation of the Agreement is not provided to Corestar in a timely manner, Corestar is entitled to suspend the implementation of the Agreement and/or to charge the additional costs arising from the delay to the Client in accordance with its usual rates.
- Corestar is entitled to engage third parties for the implementation of the services at its own discretion.
- Corestar is not liable for damage, of whatever nature, caused by Corestar based on incorrect and/or incomplete information provided by the Client.
- If work is performed by Corestar or third parties engaged by Corestar in the context of the instruction at the location of the Client or a location designated by the Client, the Client shall provide the facilities reasonably required free of charge.
Article 11 * Client’s obligations
- In the event of replacement of a participant, due to unforeseen circumstances on the part of the participant and/or the Client, the latter must inform Corestar of this as soon as possible.
- The Client must comply with the minimum and maximum number of participants for the service in question.
- If explicitly agreed, the Client must, for on-site delivery arrange for the provision of the requested facilities (such as a representative room, Beamer, flipchart, etc.) at Corestar’s behest.
Article 12 * (Re)Delivery
- If the commencement, progress or (re)delivery of the services or work is delayed because, for example, the Client has not provided all requested information or has not provided all requested information on time, provides insufficient assistance, an agreed advance payment has not been received on time by Corestar or due to other circumstances that are at the expense and risk of the Client, Corestar is entitled to a reasonable extension of the term of (re)delivery.
- All damage and additional costs resulting from a delay due to a cause referred to in paragraph 1 will be at the expense and risk of the Client and Corestar will charge the costs to the Client.
- If it concerns a step-by-step execution, or if the Client needs to give its approval, Corestar is entitled to suspend the execution of the Agreement until the moment the Client has given its approval.
- Corestar makes every effort to provide its services within the agreed period of time, insofar as this can reasonably be expected of it. In the event of urgency, the Client is obliged to reimburse Corestar for the additional costs involved.
- The nature of Corestar’s activities means that work can only commence once all the necessary information has been provided by the Client. The Client will bear the risk and any (damage) if he/she has not provided the necessary information in a timely manner, and expressly indemnifies Corestar against all consequences and possible resulting damage for the Client and Corestar.
Article 13 * Suspension
- Corestar is entitled to retain the data, data files, software and other items received or realised by the Client if the latter has not yet (fully) fulfilled its payment obligations, regardless of whether it would have been obliged to do so had it been paid.
- Corestar is authorised to suspend the fulfilment of its obligations as soon as the Client is in default with the fulfilment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be confirmed to the Client in writing immediately. In that case, Corestar will not be liable for damage, in whatever form, resulting from the suspension of its activities.
Article 14 * Privacy, data processing, security and confidentiality
- Corestar collects Personal identification information of individuals: name, email address, phone number etc., as well as indicated preferences and information about purchased services. If you have agreed to receive marketing information, you are always able to opt out at a later date.
- Corestar collects and processes data when you register online or use any of our services, voluntarily fill in feedback forms, via cookies on our website, or when information is given by a Client about participants of a workshop, training etc.
- The data collected is used to process orders, manage Client accounts, email with specific offers of services that we think Clients or potential Clients may like.
- Corestar stores Client data at a secured location, with limited access control, constant data backup, encryption where necessary and ensures its IT system solutions are regularly updated.
- Corestar will never share Client information to third parties.
- Corestar treats the (personal) data of the Client and users of the website with care and will only use them in accordance with the privacy statement. If requested, Corestar will inform the person concerned. Questions about the processing of personal data and further information can be sent by e-mail to info@corestar.co.
- Every Client is entitled to the following rights regarding their personal data
- the right to be informed about the collection and the use of their personal data
- the right to access personal data and supplementary information
- the right to have inaccurate personal data rectified, or completed if it is incomplete
- the right to erasure (to be forgotten) in certain circumstances
- the right to restrict processing in certain circumstances
- the right to data portability, which allows the data subject to obtain and reuse their personal data for their own purposes across different services
- the right to object to processing in certain circumstances
- rights in relation to automated decision making and profiling
- the right to withdraw consent at any time (where relevant)
- the right to complain to the Information Commissioner
- The Client is responsible for the processing of data that is processed using a Corestar service. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. Within this framework, the Client indemnifies Corestar against any (legal) claim related to these data or the implementation of the Agreement.
- If Corestar is required by the Agreement to provide security for information, this security will comply with the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the information and the associated costs.
- All information obtained within the framework of the Agreement will be treated confidentially and with the utmost care.
- The content of Individual coaching and some team coaching sessions will remain confidential between the participant(s) and Corestar and only shared as feedback mechanism with the employer in generalised themes.
Article 15 * Force majeure
- Corestar is not liable if, as a result of a force majeure situation, they are unable to fulfil their obligations under the Agreement.
- Force majeure on the part of Corestar is in any case understood to mean, but is not limited to: (i) force majeure on the part of suppliers of Corestar, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended by the Client to Corestar, (iii) defects in goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example as a result of: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems and (x) other situations which, in the opinion of Corestar, fall outside its sphere of influence which temporarily or permanently prevent it from fulfilling its obligations.
- If a situation of force majeure lasts longer than 2 months, the Agreement may be dissolved in writing by either party. In the event that any performance has already been made on the basis of the Agreement, payment will be made on a pro rata basis, without any liability on the part of either party towards each other.
Article 16 * Limitation of liability
- If the provision of services and/or performance of Orders by Corestar leads to liability on the part of Corestar, such liability is limited to the costs charged in connection with the Order, in the event of an attributable shortcoming in the compliance with the Agreement or in the event that damage has otherwise arisen.
- Corestar is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or losses, missed savings, damage due to business stagnation and damage resulting from the use of services provided by Corestar.
- The amount of compensation is further limited to the amount paid out by Corestar’s liability insurance for each event per year.
- Corestar is not liable for damage that is or may be the result of any act or omission as a result of incomplete and/or incorrect information on the website or that of linked websites.
- Corestar is not liable for errors and/or irregularities in the functionality of the website and/or the software, malfunctions or the unavailability of the website and/or software for whatever reason.
- Corestar does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of Corestar, nor its timely receipt.
- The Client guarantees the accuracy and completeness of the information and wishes provided with regard to the job. Corestar expressly excludes all liability for (consequential) damage.
- All claims of the Client due to shortcomings on the part of Corestar will lapse if these have not been reported to Corestar in writing, stating reasons, within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims.
Article 17 * Confidentiality
- Corestar and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of the Order. Confidentiality ensues from the Order or that which can reasonably be expected to involve confidential information.
- In particular, the confidentiality relates to advice and/or reports drawn up by Corestar regarding the Client’s instructions. The Client is expressly prohibited from sharing the content thereof with employees who are not authorised to have knowledge of it and with (unauthorised) third parties. The Client must delete the advice and/or report at the request of Corestar. In the event of a breach of this stipulation, Corestar is entitled to recover the material and immaterial damage suffered from the Client.
- If Corestar is required on the basis of a statutory provision or a judicial decision to (also) provide the confidential information to a third party indicated by law or a competent court, and Corestar cannot invoke a right to refuse to give evidence, Corestar will not be obliged to pay any compensation and the Client will not be entitled to dissolve the Agreement.
- Corestar and the Client will also impose the confidentiality obligation on third parties to be engaged by them.
Article 18 * Intellectual Property Rights
- All IP rights and copyrights of Corestar belong exclusively to Corestar and are not transferred to Client.
- The Client is prohibited from disclosing and/or reproducing, altering or making available to third parties all documents and software covered by the IP rights and copyrights of Corestar without the express prior written consent of Corestar and an agreed financial compensation. If the Client wishes to make changes to items delivered by Corestar, Corestar must explicitly agree to the intended changes.
- The Client is prohibited from using the Products on which Corestar’s intellectual property rights are based otherwise than agreed upon in the Agreement.
- Any infringement by the Client of Corestar’s intellectual property rights shall be punishable by a one-off fine of £ 15,000 (in words: fifteen thousand pounds sterling) and a fine of £ 500 (in words: five hundred pounds sterling) for each day that the infringement continues.
- Corestar can, for promotional and advertising purposes, take pictures of the services it provides and publish them on its website and/or social media channels.
Article 19 * Protection and accuracy of information
- The Client is responsible for the correctness, reliability and completeness of all data, information, documents and/or records it provides to Corestar in the context of the Order. Even if these data originate from third parties, the Client is responsible for this.
- The Client indemnifies Corestar against any liability as a result of not or not timely fulfilling the obligations under the previous paragraph.
- The Client indemnifies Corestar against claims by third parties regarding intellectual property rights on the data and information provided by the Client, which can be used in the execution of the Order or Agreement, as well as regarding the content of the advice and reports drawn up by Corestar.
- If the Client provides electronic files, software or information carriers to Corestar, the Client guarantees that these are free of viruses and defects.
Article 20 * Complaints
- If the Client is not satisfied with the service or Products of Corestar or otherwise has complaints about the execution of the Order, the Client is obliged to report these complaints as soon as possible, but at the latest within 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via info@corestar.co with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Client in Order for Corestar to be able to deal with the complaint.
- Corestar will respond to the content of the complaint as soon as possible, but at the latest within 14 days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 21 * Applicable law
- The legal relationship between Corestar and the Client and use of Corestar’s website is subject to the laws of England.
- This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law.
If you have any queries, please them at info@corestar.co, we will respond at our earliest convenience.