Terms & Conditions
Article 1 - Definitions
These general terms and conditions apply to every offer made by Emma Harmsen (hereafter called “Contractor”), Rua da Arroteia 8, 2655-083 Carvoeira, Portugal, a solitary operating health practitioner and to every agreement / distant contract that has been realised between Contractor and a customer (or client). The Inclusion and Exclusion Policy, the Privacy Policy and the NIP complaints procedure form an integral part of these general terms and conditions.
Customer: the natural person who orders the contractor to carry out certain work.
Offer: any offering by the contractor, which can include but is not limited to one or more conversations, psychedelic assisted therapy, training sessions (professional or otherwise), retreats, workshops, in person or via digital communication, as agreed between parties in the field of continuing education, life, work and relationship, all in the broadest sense of the word. Both the direct work, such as conducting the conversation, giving the training and/or workshop, and the related indirect work, such as filing, recording conversations, administration, etc., is understood as a session.
Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the customer.
Deviation from these general terms and conditions is only possible if such deviation is agreed upon in writing by the parties.
If any provision of these general terms and conditions is invalid or is annulled, the other provisions of these general terms and conditions shall remain in full force.
Article 2 - Applicability
These general terms and conditions shall apply to any commission contract, whether verbal or written, entered into by the parties.
Deviation from these general terms and conditions is only possible if such deviation is agreed upon in writing by the parties.
If any provision of these general terms and conditions is invalid or is annulled, the other provisions of these general terms and conditions shall remain in full force.
An offer contains a description of the products, digital content and/or services being offered as complete and accurate as possible. Penguin Melody Lda is not bound by obvious errors or mistakes made in the offer.
Article 3 - Agreement (commencement and execution)
The date of the first intake interview will be confirmed by the contractor to the client by email, text message or other form of digital communication.
After the intake, or as much earlier as possible, the parties will agree on a trajectory of a specific or undetermined number of sessions.
After a possible interim evaluation, the parties may adjust the program in writing based on the number of sessions and/or content.
The contractor undertakes to carry out its activities with the care of a good contractor. The process is not an obligation to achieve a certain result, but an obligation to perform to the best of one's abilities. The contractor, therefore, makes no guarantees about the expected result of the process.
If two or more persons have jointly given an order to the contractor, they will be jointly and severally liable to the contractor.
Article 4 – Session or Program Cancellation
If customer enters into an agreement with contractor for any kind of service, a down-payment will be paid at registration. The remainder is due 30 days before the start of the service. If the payment is not received in full at least 7 days before the start of the service, the customer loses right to participate and the customer will not be able claim any refunds, to compensate contractor for the upfront costs and preparations of such reservation and service.
If the customer cancels any reservation for a service provided by contractor, the following Cancellation or Rescheduling fees apply:
3. In case of force majeure, the contractor is entitled to cancel or reschedule the agreed session(s) without any fault on his part. Force majeure includes cases such as illness or disability, death or accident of the contractor's partner or relative in the second degree of kinship or sideline, wars, disasters and unforeseen government measures.
4. Subject to the possibility of dissolution by one of the parties, the parties may terminate the agreement in the interim on the basis of mutual consent.
5. In other cases, the Contractor may terminate the agreement for an urgent reason. This will be the case, for example, if the client unilaterally wishes to change the agreed purpose of the offer, if there is a serious breakdown of the relationship which has led to an unworkable situation, and in case of practical circumstances, such as health problems or moving house, which make it unreasonable to expect the contractor to continue.
6.The agreement will terminate automatically at the end of the last session of an agreed project.
Article 5 – Cooperation and Information
The client takes an active position in the process and provides the contractor with all the information necessary for the implementation of the process, including any previous mental health treatments. The client will inform the contractor of any changes in his/her situation that may affect the process.
The contractor will inform the client in what capacity the contractor will be acting: as a therapist in individual health care or as a coach outside individual health care and will inform the client about the approach or method of approach.
Article 6 - Confidentiality
The contractor has a legal obligation to maintain confidentiality and will keep confidential all information that comes to its knowledge in the course of its professional activities in contact with the customer, except in cases of permission of the customer, a reporting obligation under a statutory provision or a reporting right for situations covered by the Act on the Obligatory Reporting of Domestic Violence and Child Abuse.
Notwithstanding article 6.1, the contractor has the right to discuss fully anonymised information about her/him with third parties, also without the client's permission, insofar as this information exchange takes place in the context of professional intervision, supervision, consultation and visitation.
Article 7 – Feedback and Complaints Procedure
All compliments, complaints and comments can be directed to contract by email to team@emmaharmsen.com.
If the customer has discovered shortcomings in the execution of the contract or is dissatisfied with the services provided by the contractor, the client must submit any complaints to contractor without delay, in full and clear descriptions through the aforementioned email address.
A reply to complaints submitted to contractor will be provided within a period of 30 days, calculated from the date of receipt. If it is anticipated that a complaint will require longer processing time, then contractor will reply within 14 days, confirming receipt and indicating when the customer can expect a more elaborate reply.
The customer should give contractor a time period of at least 8 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subjected to the disputes settlement scheme.
Article 8 – Disputes, Complaints Officer and Applicable Law
In case customer and contractor cannot solve the complaint jointly within a period of 8 weeks, as described in article 7, the customer can consult the independent complaints officer of the Netherlands Institute for Psychology (NIP) by downloading this online form and send it by email to nip@klachtencompany.nl, to understand the various complaint possibilities with the Institute and other external bodies, such as the Regional Disciplinary Tribunal and the Disputes Committee. This complaints officer can also act as a mediator between the parties. Contractor’s ABG code is: 94-064353
Contracts entered into between customer and contractor are subject only to Dutch law. All disputes will be submitted exclusively to the competent court in Amsterdam, The Netherlands.