Terms & Conditions

ARTICLE 1. DEFINITIONS

1.1 Customer: the person or persons for whose benefit marleensmith.com provides its services. The Purchaser and the Customer may be the same, but this does not have to be the case.

1.2 Purchaser: the person or entity, or any legal successor(s), that has commissioned marleensmith.com to provide its services. Unless explicitly agreed otherwise in writing with marleensmith.com, the Purchaser is the party obliged to pay the agreed price for the services of marleensmith.com.

1.3 marleensmith.com: registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 91834864 under the name Marleen Smith and provides services via marleensmith.com in the field of consultancy, research, training, and workshops.

1.4 Third parties: in certain cases, marleensmith.com may provide its services partly with the help of third parties engaged by marleensmith.com. marleensmith.com may change the composition of a team at any time if it believes this is necessary for proper execution or continuity of its services.

1.5 Assignment fee: the total agreed amount for the assignment, as stated in the signed assignment confirmation or in the quotation or program proposal approved by the Purchaser.

1.6 Service: the services and (online) products provided by marleensmith.com, including online services, online products, and online downloads.

ARTICLE 2. APPLICABILITY

2.1 These General Terms and Conditions apply to all offers, quotations, assignments, work performed by, and agreements entered into with marleensmith.com.

2.2 These terms also apply to assignments involving third parties.

2.3 If one or more provisions of these General Terms and Conditions are void or become void, the remaining provisions shall remain in force. In such case, the parties will consult to agree on replacement provisions, taking into account the purpose and intent of the original provision as much as possible.

2.4 marleensmith.com reserves the right to amend or change these General Terms and Conditions in the future.

ARTICLE 3. COMMISSIONING AN ASSIGNMENT

3.1 Quotations issued by marleensmith.com are based solely on the information provided by a (prospective) Purchaser. The Purchaser warrants that all relevant information required for preparing the quotation and for the design and execution of the assignment has been provided to marleensmith.com to the best of their knowledge. If this information proves at any time to have been incorrect and or incomplete, marleensmith.com reserves the right to unilaterally and or interimly adjust the agreed assignment fee for the services to be delivered.

3.2 A combined price quotation does not oblige marleensmith.com to perform part of the assignment for a proportionate part of the agreed assignment fee.

3.3 An assignment is commissioned by returning a contract signed for approval that has been issued by marleensmith.com, or by providing written and or email approval of the digitally sent quotation. This digital quotation then also serves as the assignment confirmation.

3.4 The absence of written approval of the quotation or agreement issued by marleensmith.com does not affect the fact that the Purchaser shall be deemed to have commissioned the assignment in accordance with the conditions of the quotation as soon as marleensmith.com has started the actual performance of the services.

ARTICLE 4. INTERIM CHANGES TO THE ASSIGNMENT

4.1 If an interim change in the assignment or its execution arises at the request of or due to the Purchaser, marleensmith.com will implement the necessary adjustments where possible. If this results in additional work compared to the original assignment fee, such additional work will be charged to the Purchaser without requiring a separate written order. By changing the assignment, the Purchaser declares in advance full agreement with the financial consequences.

ARTICLE 5. BEST EFFORTS OBLIGATION

5.1 The services are coaching and educational support focused on habits, choices, routines, structure, and personal development. The Services do not constitute medical, psychological, legal, financial, or business advice.

5.2 We aim to provide high quality guidance and tools. However, outcomes vary per person and depend on factors such as your effort, consistency, decisions, and circumstances. We do not guarantee any specific result.

ARTICLE 6. ACCEPTANCE AND FORMATION OF THE AGREEMENT

6.1 The assignment is formed at the moment marleensmith.com receives the quotation or assignment confirmation signed for approval by the Purchaser, unless marleensmith.com has decided, for its own reasons, not to accept the assignment. An accepted assignment or signed assignment confirmation results in an agreement between marleensmith.com and the Purchaser as set out in the assignment and or quotation.

6.2 By signing the quotation and or assignment confirmation, the Purchaser agrees to these General Terms and Conditions.

ARTICLE 7. OBLIGATIONS OF THE PURCHASER

7.1 The Purchaser guarantees that the number of participants agreed in the assignment will actually take part in the services agreed with marleensmith.com. If the agreed number does not ultimately participate, the Purchaser still owes the full assignment fee as stated in the quotation and or assignment confirmation.

7.2 marleensmith.com reserves the right to exclude participants from a workshop if, through their behavior or otherwise, they disrupt the normal course of the workshop or hinder it. Exclusion will be communicated to the Purchaser in writing with reasons and does not affect the Purchaser’s obligation to pay the full amount of the training or service.

7.3 You are responsible for providing complete and accurate information that may be relevant to the coaching process. We are not responsible for any outcomes or damage resulting from inaccurate, incomplete, or untimely information provided by you or by third parties you engage.

7.4 You remain responsible for your own choices, actions, and results. Any examples, tools, or suggestions provided during coaching are offered for educational purposes and do not replace professional advice.

7.5 If a participant seriously disrupts a workshop or program (including intimidation, violence, harassment, fraud, or repeated disruptive behavior after a warning), we may remove the participant immediately. In such case, no refund is due for the part already delivered, except where mandatory consumer law provides otherwise.

ARTICLE 8. RATES, COSTS, AND PRICES

8.1 Prices in quotations, assignments, and other publications are exclusive of VAT, exclusive of government levies, and exclusive of other costs to be incurred for the assignment, such as but not limited to shipping and administration costs and travel costs, unless stated otherwise.

8.2 marleensmith.com reserves the right to adjust prices. If rates increase during execution of the assignment, the Purchaser will be informed immediately, unless other agreements have been made.

ARTICLE 9. PAYMENT

9.1 Payment must be made without deduction, discount, or set off within 14 days of the invoice date, in the manner specified by marleensmith.com, in the currency invoiced.

9.2 Objections to the amount of invoices do not suspend the payment obligation.

9.3 If the Purchaser fails to pay within 14 days, the Purchaser is in default by operation of law. The Purchaser then owes interest of 1% per month, unless statutory interest is higher, in which case statutory interest applies. Interest on the due amount is calculated from the moment the Purchaser is in default until full payment has been made.

ARTICLE 10. TERMINATION AND WITHDRAWAL

10.1 Coaching and services delivered over time may be terminated by you at any time by written notice.

10.2 If you terminate, you remain liable to pay for services already delivered up to the termination date, and for reasonable costs already incurred for your assignment, to the extent permitted by law.

10.3 For programs with immediate access to digital materials, delivered content is considered performed once access is granted. Any refund, if applicable, is limited to the part that has not been delivered and will never include delivered digital content, except where mandatory law provides otherwise.

10.4 Nothing in these Terms limits your statutory rights as a consumer.

ARTICLE 11. RIGHT OF WITHDRAWAL FOR DIGITAL PRODUCTS

11.1 Digital products (including PDFs, templates, ebooks, and online courses) are delivered immediately after successful payment, unless stated otherwise and therefore final. After purchase, no refunds will be issued. A download of an ebook, planner, templates, training, course, or similar cannot be withdrawn. By clicking “pay”, you agree to immediate delivery and waive the right of withdrawal. You are informed of this during the ordering process.

11.2 Except where mandatory law requires otherwise, all purchases of digital products are final once access or downloading has started.

ARTICLE 12. FORCE MAJEURE

12.1 If marleensmith.com is prevented by force majeure from performing the agreed work in whole or in part, marleensmith.com has the right to suspend execution of the assignment or to consider the agreement wholly or partially dissolved, at its discretion, without being liable for any damages.

12.2 Force majeure includes circumstances that prevent performance and that cannot be attributed to marleensmith.com. This includes, insofar as these circumstances make performance impossible or unreasonably difficult, strikes in other companies, wildcat strikes or political strikes in the company of marleensmith.com, a general shortage of required raw materials and other necessary goods or services, unforeseeable stagnation at suppliers or other third parties on which marleensmith.com depends, and general transport problems.

12.3 marleensmith.com also has the right to invoke force majeure if the circumstance preventing further performance occurs after marleensmith.com should have performed.

12.4 During force majeure, obligations of marleensmith.com are suspended. If the period in which performance is not possible due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement without any obligation to pay damages.

12.5 If at the time force majeure occurs marleensmith.com has already partially fulfilled its obligations, or can only partially fulfill them, marleensmith.com is entitled to invoice the already performed or performable part separately and the Purchaser is obliged to pay that invoice as if it were a separate contract. This does not apply if the performed or performable part has no independent value.

ARTICLE 13. RETENTION OF TITLE

13.1 marleensmith.com remains the full owner of the services delivered to the Purchaser until the Purchaser has fully met all payment obligations. The risk of the delivered services transfers to the Purchaser at the moment of delivery.

ARTICLE 14. CONFIDENTIALITY

14.1 Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been indicated as such by one of the parties or if this follows from the nature of the information.

14.2 If, on the basis of a statutory provision or a court ruling, marleensmith.com is obliged to provide confidential information to third parties designated by law or by the competent court, and marleensmith.com cannot invoke a legal privilege, marleensmith.com is not obliged to pay damages or compensation and the other party is not entitled to dissolve the agreement on the basis of any damage arising from this.

ARTICLE 15. LIABILITY

15.1 We are only liable for direct damage that is the direct result of a material breach attributable to us.

15.2 Our total liability is limited to the amount paid for the relevant Service, or the invoice amount for that Service, whichever is lower.

15.3 We are not liable for indirect or consequential damages, including but not limited to loss of profit, loss of revenue, missed savings, business interruption, or reputational damage.

15.4 We are not liable for damage or costs resulting from inaccurate, incomplete, or untimely information provided by you, or by third parties you engage.

15.5 If you use third party services, tools, platforms, apps, or professionals, you contract with them directly. We are not responsible for their performance, availability, security, or outcomes, even if we mention them, link to them, or refer to them as examples.

15.6 External links on our website are provided for convenience and informational purposes only. We do not control third party websites and are not responsible for their content, accuracy, availability, or policies. Linking does not imply endorsement.

15.7 We are not liable for security incidents or failures solely attributable to third party processors or platforms, provided we have exercised reasonable care in selecting and contracting such parties, and except where mandatory law provides otherwise.

15.8 Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability arising from intent or gross negligence.

ARTICLE 16. COMPLAINTS

16.1 Complaints about the work performed must be reported by the Purchaser to marleensmith.com in writing within 30 days after discovery and at the latest within 30 days after completion of the relevant work.

16.2 If a complaint is justified, marleensmith.com will perform the work as agreed, unless this has demonstrably become pointless for the Purchaser. The Purchaser must communicate this in writing.

16.3 If performing the agreed service is no longer possible or useful, marleensmith.com is only liable within the limits of Article 15 of these General Terms and Conditions.

ARTICLE 17. APPLICABLE LAW AND JURISDICTION

17.1 Dutch law applies exclusively to all agreements between marleensmith.com and the Purchaser.

17.2 Disputes will be submitted to the competent court in Amsterdam, the Netherlands, unless mandatory consumer law provides the consumer the right to bring the dispute before another competent court.

Last update: 5 februari 2026