Terms and Conditions
Article 1 Definitions
“Services”: change management, leadership development, team training, other training courses, coaching, key-note speaking, dispute resolution and other services to give substance to the Agreement.
“Customer”: the legal entity that purchases services from ProPePe AB on the basis of an Agreement, and its employees including (temporary) workers contracted directly or indirectly by the Customer at the time of fulfilling an Assignment.
“Assignment”: the work as mentioned and/or described in the Agreement.
“Agreement”: is a specific proposal drawn up by ProPePe AB and agreed and signed by the Client and ProPePe AB for the provision of Services, subject to these General Terms and Conditions.
“ProPePe AB” : the legal entity and company that offers support and services to support the implementation of change, strengthen change competence, improve team performance, provide other trainings as well as coaching and mentoring services and resolve disputes, registered under number 559468-6106 with the Bolagsverket in Gothenburg, Sweden, located at Långåsliden 34, 41270 Gothenburg, Sweden and own personnel and that of third parties hired by ProPePe AB to carry out the Assignment.
“Propulse” or “Propulse People Performance”: the name that ProPePe AB uses to operate on the market in her website, LinkedIn page, videos , offers, training material, and other communication with (potential) clients.
“Reimbursement”: compensation for preparation work, Services, time, travel, accommodation and material specified in the Agreement.
“Business Days”: Monday to Friday excluding National Holidays in the country where ProPePe AB provides Services for the Customer.
Article 2 Applicability & Applicable Law
These General Terms and Conditions apply to and govern all offers from, Assignments and Agreements with ProPePe AB.
Swedish law applies to these General Terms and Conditions.
Disputes arising out of or relating to an Agreement shall be adjudicated exclusively by an Swedish Court.
Article 3 Compensation
ProPePe AB provides advance, unambiguous, insight into the costs that will be charged for the Agreement.
The customer will reimburse ProPePe AB as agreed in the Agreement and in accordance with these General Terms and Conditions.
All amounts in offers, the Agreement or in relation to these General Terms and Conditions are exclusive of VAT, unless explicitly stated otherwise.
ProPePe AB will only invoice other or higher costs, in addition to the provisions in the Agreement, after written permission from the Customer.
If the Customer postpones or cancels planned and agreed days, the following rules apply:
a. When postponing or cancelling one or more scheduled parts of days or days, more than 20 Business Days prior to the planned day(s), Customer will not be invoiced for this postponing or cancelling.
b. When postponing or cancelling one or more scheduled parts of days or days, varying from 20 to 10 Business Days prior to the planned day(s), ProPePe AB may invoice these days for 50% of the Fee specified in the Agreement plus 100% of the non-refundable costs and costs for contracted external personnel, including travel costs, accommodation and material.
c. When postponing or cancelling one or more planned half-days or days, less than 10 Business Days prior to the planned day(s), ProPePe AB may invoice these days for 100% of the Fee referred to in the Agreement, including non-refundable costs and costs for contracted external parties, staff, travel expenses, accommodation and equipment.
Article 4 Payment
ProPePe AB will invoice the Customer on a bi-weekly basis unless otherwise agreed in writing.
The payment term for invoices from ProPePe AB is 14 calendar days from the invoice date.
The customer is obliged to make payments by bank transfer in accordance with ProPePe AB’s specifications.
If a payment exceeds 30 calendar the invoice date, ProPePe AB will, under these General Terms and Conditions,
a. charge the Client 10% interest on unpaid amounts,
b. charge the customer for all costs related to the late payment and the collection thereof, including but not limited to extra working hours, costs for (judicial) collection and legal assistance whereby ProPePe AB is not obliged to specify such costs.
Reclamations about invoices must reach ProPePe AB in writing and at the latest within 10 Working Days of the invoice date.
Complaints submitted do not affect the payment term.
Article 5 Use of information, methods, facilities, materials and support
ProPePe AB and the Client are bound by the confidentiality of confidential information and information that may reasonably be considered confidential such as, but not limited to, strategies, plans, methods, technologies, financial information and performance information.
The Customer is not free to publish information, methods including the E.N.E.R.G.Y. for Change Flywheel and High Frequency Micro Learning, or parts thereof, or make them commercially or non-commercially available to third parties or teams other than those referred to in the Agreement.
ProPePe AB is the owner of methods, interventions, and materials, including those that have been created in co-creation with the Customer, and is authorized to use these for other Customers.
The Customer will make available to ProPePe AB free of charge the required number of workstations, meeting facilities and other facilities that may be considered normal, such as, but not limited to, internet access, office supplies and reasonably required or legally required safety equipment.
ProPePe AB may request and Customer may provide operational and/or administrative support from Customer personnel with the intent of accelerating desired change or progress or reducing costs. ProPePe AB has the right to refuse support offered with reasons. Said support, requested or offered, will be free of charge for ProPePe AB.
Article 6 Liability
ProPePe AB provides advisory,training and operational services. The choice whether or not to follow ProPePe AB’s advise and trained methods and tools is a choice that the Customer or its employees need to make for themselves after due consideration.
ProPePe AB and third parties hired by ProPePe AB are not liable for any direct or indirect damage or costs such as, but not limited to, loss of work, loss of income, decrease in productivity, turnover, illness, damage to IT systems or software that may have occurred as a result of activities that ProPepe AB undertakes / has undertaken as part of the Agreement.
If ProPePe AB or one or one of its employees is sued for one of the above mentioned ‘damages’ by the Customer or one of the Customer’s (ex) employees or Customer’s, (ex) Service Providers/Suppliers, the Customer will reimburse ProPePe AB 100% for the costs of legal assistance and defence reasonably needed and chosen by ProPePe AB.
Article 7 Termination
ProPePe AB or the Customer may terminate the Agreement in writing with due observance of a notice period of 20 Working Days or such earlier as agreed in writing.
ProPePe AB or the Customer may terminate the Agreement with immediate effect, in writing and with reason, in the event of a material breach of the Agreement or these General Terms and Conditions.
ProPePe AB may terminate the Agreement with immediate effect in the event of payment arrears.
These General Terms and Conditions will remain in full force upon termination or after execution of the Agreement.
Article 8 General
Changes to the Agreement and these General Terms and Conditions are only valid if they are recorded in writing and signed by authorized personnel of the Customer and Walrave van Heukelom from ProPePe AB.
If any part of the Agreement or these General Terms and Conditions is found to be invalid under Swedish law, the remainder will remain in full force and effect.
In case text in these General Terms and Conditions leads to misunderstanding, then the English text will prevail.