1. RHEM and the client
RHEM is the trading name under which Melvin Riem provides services from Heemskerk, the Netherlands. Dutch business register: KVK 42124753. VAT ID: NL005513778B10. Contact: melvin@rhem.eu, +31 6 42 38 07 40.
The client is the organisation or person acting professionally that engages RHEM. These terms are intended for business contracts, not consumer contracts. RHEM and the client are referred to jointly as the parties.
2. Applicability and precedence
These terms apply to quotations and assignments when the parties agree to their application. RHEM provides them before or when concluding the contract in a format the client can retain. A website link alone does not automatically make them applicable.
Written provisions in the engagement confirmation take precedence. Departures and the application of purchasing conditions must be expressly agreed in writing. If a provision is invalid, the remainder continues where possible; the parties seek a valid replacement consistent with its purpose.
3. Quotation and contract formation
The quotation or engagement confirmation specifies the work, intended outputs, schedule, fee and any expenses. A contract arises through written acceptance or other demonstrable agreement to these arrangements. Email counts as writing. A quotation remains valid for its stated period; if no period is stated, availability is reconfirmed before acceptance.
A contact request, introductory appointment, free Quick Scan or completion of the Pressure Scan does not itself constitute a paid assignment. Scope and price are agreed before paid follow-up work.
4. Delivery and professional care
RHEM performs the assignment diligently and to the best of its professional judgement. Unless a specific result is expressly guaranteed in writing, RHEM undertakes a best-efforts obligation. Advice, training or an exercise does not guarantee crisis resilience, error-free decisions or a particular business outcome.
The client remains responsible for its decisions, operational leadership and implementation. RHEM does not assume statutory powers, medical treatment or ultimate operational responsibility unless separately, lawfully and expressly agreed. The Pressure Scan is a reflection tool, not a validated psychological test, medical diagnosis or certification.
5. Information, participation and safety
The client provides timely, accurate and complete information, access, facilities and cooperation reasonably required. The parties disclose relevant changes and risks. The client organises participation and, together with RHEM within their respective responsibilities, ensures a safe and suitable environment.
Before exercises, the parties agree objectives, boundaries, safety arrangements and stop points. RHEM may interrupt an activity where there is a genuine safety risk. Delays or additional work caused by missing information are discussed promptly; extra costs are substantiated and agreed in writing beforehand.
6. Schedule, changes and third parties
The schedule is a joint working arrangement. A date is a strict contractual deadline only if expressly agreed in writing. A party expecting delay informs the other promptly, and consequences and a revised schedule are discussed.
Scope changes, additional work or extra costs require prior written agreement. RHEM may engage suitable specialists and informs the client beforehand of material delivery changes. RHEM remains responsible for assistants it engages within the statutory framework, unless a specialist contracts directly with the client.
7. Fees and payment
Fees follow the quotation or engagement confirmation. Business rates exclude VAT unless stated otherwise. Travel, accommodation, venue and material expenses are charged only if agreed beforehand. Advances, instalments and price adjustments are recorded in writing in advance.
Unless otherwise agreed in writing, payment is due within 30 days of the invoice date. Where an invoice is disputed, the parties discuss its basis; the undisputed amount is paid on time. For late payment, after a written reminder and a reasonable period to remedy, RHEM may claim statutory commercial interest and legally permitted collection costs. Suspension occurs only where justified and after prior notice.
8. Cancellation, rescheduling and termination
Cancellation or rescheduling is notified by email as soon as possible. There is no cancellation charge for a free introduction or Quick Scan. Specific cancellation arrangements for paid training, exercises or reserved days are set out beforehand in the quotation or engagement confirmation.
Without a separate cancellation arrangement, termination entails settlement only of demonstrably completed work and reasonable third-party commitments that can no longer be avoided, subject to applicable law. RHEM mitigates costs and deducts savings and amounts already paid; there is no automatic percentage penalty.
For a breach, the other party is given written notice and a reasonable remedy period, unless remedy is impossible or not required by law. Termination, notice or rescission follows the agreement and applicable law. The parties arrange a reasonable handover and return of each other’s property.
9. Confidentiality and publicity
The parties keep non-public business information, case details and participant information confidential and use it only for the assignment. Access is limited to those who need it, and assistants are bound by appropriate confidentiality duties. This obligation continues after completion.
It does not cover information lawfully public or independently obtained, or disclosure required by law; where permitted, the other party is informed beforehand. RHEM uses names, logos, identifiable cases, photographs or testimonials only with prior permission. Recording meetings requires advance arrangements and consent from those involved where necessary.
10. Personal data
The parties process personal data only for a lawful and agreed purpose, minimise data and apply appropriate security measures. They comply with the GDPR and other applicable privacy legislation. This article does not replace a separate privacy notice or information to data subjects.
If RHEM processes personal data on the client’s behalf as a processor, the parties enter into a processing agreement before processing begins. It covers instructions, security, retention, sub-processors and breach notification, among other matters. Sensitive data is not shared without necessity and appropriate arrangements.
11. Materials and usage rights
Existing methods, models, training materials and other intellectual property remain with the original rights holder. The client retains rights in its own information and materials. Transfer of rights in specifically developed outputs requires express written agreement.
After payment, the client may use and copy delivered reports and materials internally for the agreed purpose, unless otherwise agreed in writing. External publication, sale, commercial reuse for training or transfer of RHEM materials requires permission. Statutory rights and agreed usage rights remain unaffected.
12. Liability
Each party is responsible for damage attributable to it under applicable law. RHEM remains responsible for the professional care appropriate to the assignment. The client’s own decisions do not remove that responsibility.
These draft terms contain no standard monetary liability cap or blanket exclusion of damage. Any limitation must be separately agreed in writing, appropriate to the assignment and any insurance coverage. It cannot override mandatory law and does not apply to intent or deliberate recklessness by RHEM’s management.
A party reports damage as soon as reasonably possible and allows the other to mitigate it and remedy a breach. Statutory claims and limitation periods remain applicable.
13. Force majeure
A party affected by circumstances constituting force majeure under law gives timely notice. The parties first seek a reasonable solution, such as substitution, rescheduling or adjusted delivery. Illness or unavailability is not automatically force majeure; alternatives and the specific circumstances are considered.
If the impediment lasts so long that continuation cannot reasonably be required, the agreement may be terminated under applicable law. Completed work and advances are settled reasonably and in accordance with law; undelivered services are not charged without a valid basis.
14. Complaints, governing law and language
Complaints may be sent to melvin@rhem.eu with a description of the assignment and concern. The parties first seek a solution through discussion; mediation may be agreed. This procedure does not limit statutory rights.
Dutch law governs the agreement, subject to mandatorily applicable rules. If discussion does not resolve the dispute, it is submitted to the court competent under law unless the parties validly agree another dispute-resolution method.
These terms are available in Dutch, English and German. Where interpretation differs, the Dutch text serves as the reference, to the extent permitted by applicable law and unless otherwise agreed in writing. A new version does not apply retroactively to existing assignments.
Questions about these terms?
melvin@rhem.eu