General Terms & Conditions

Thank you for wanting to do business with Happy M, the business of Melanie Matschos, registered at the Dutch Chamber of Commerce under the number 84492503. Since it’s our goal to achieve happiness, we want to determine the conditions on which we will work together which will help us to reach that goal!

Article 1. Meaning of the words
In this document, there are several words that have a specified meaning.
1.Happy M is the user of this document and she is the one that is the contractor in our relationship.
2.When we talk about You, we mean the party that is purchasing services at Happy M.
3.When Happy M and you decide to do business, we come to an agreement. This agreement is about the services
that Happy M will provide to you.
4.When you read something about written communication or writing, we mean the old fashioned postal services but
also communication per email.
5.When we say T&C, we mean these general terms and conditions that you are currently reading. 6.With an online course/content we mean digitally made available self study courses or materials.

Article 2. When are these T&C applicable?
You probably want to know when these T&C are applicable. Well, you’ve received them from me to read them so that means that I am applying them to our agreement.
1.The T&C are applicable on all agreements between you and Happy M.
2.We can derive from this T&C, but only when we agree on that change together and it is confirmed by us both in
written communication.
3.Next to this T&C we made an agreement about the actual services that Happy M will provide. It is possible that
we agree on something that is different from what you read in this T&C. If that’s the case, the things we agreed in
the agreement prevail above this T&C.
4.If you use your own general terms and conditions, those won’t be applicable and are expressly rejected.

Article 3. Quotes
1.You can request a quote for services that Happy M delivers. A quote has a general validity of 14 days, unless otherwise stated on the quote.
2.Quotes are always personal and you can’t derive any rights from it for a future purpose.
3.If Happy M has made a mistake in her quote (such as a typo), she can’t be forced to enter the agreement based
on this wrongful information.
4.Our agreement is concluded when you accept the quote and Happy M confirms your acceptance.

Article 4. Prices and payment
1.All of the mentioned prices are excluding taxes (BTW), unless otherwise stated.
2.Invoices of Happy M need to be paid within 14 days of the invoice date.
3.Depending on the services Happy M delivers to you, invoices will be sent monthly or after each coaching
session, unless otherwise agreed. For online courses/content you have to pay in full prior to getting access to the
content or course.
4.If you don’t pay on time, Happy M is entitled to charge interest and collection costs.
5.You are not entitled to suspend or set off any payment. This means that you need to pay my invoice, even when
you have a complaint or if you think you have something to claim from me.
6.In case of a bankruptcy, moratorium of liquidation of your company on your side, Happy M is entitled to terminate
the agreement without judicial intervention. All claims that Happy M has on you, will be immediately due.

Article 5. What does Happy M expect of you?
1.To make our agreement a success, we need to be aligned in the process. This also means that I need you to provide me with all the information needed. I need to receive this information completely and timely. You guarantee that the information is complete and accurate.
2.In case you don’t comply with your obligations, Happy M is entitled to charge you for her additional activities due to such. Happy M can also suspend her obligations until you comply with your obligations.
3.Your own efforts are essential to achieve desired results. Happy M does not guarantee that you will get certain results, not with personal coaching but also not with online courses/content.

Article 6. Performance of the agreement by Happy M
1.Happy M will perform her obligations under the agreement to the best of her knowledge. All of her obligations are on a best effort basis. There are no obligations or guarantees to achieve certain results.
2.If Happy M provides a date on which the services will be finished or provided, this date is never a hard deadline (“fatale termijn”).
3.After purchasing online content, this content will be made available at once. Happy M has then immediately fulfilled her obligations under the agreement.
4.Online content runs on third-party software. Happy M does not own this software and cannot guarantee that the software will always be accessible. In the event of inaccessibility of the software, no obligation to pay compensation arises.

Article 7. End of the agreement
Our agreement can end based on different situations. Since Happy M provides different services, the rates that apply when ending the agreement differ. Please see below which applies to you. Please note that a cancellation always needs to be done in a written way.
Interim or predefined amount of hours (business contracts):
If you decide to cancel an agreement in which we agreed on a certain amount of hours per week, there is a notice period of one month. This means that if you end the agreement, I will either still work the following month and send you an invoice or I will charge you for the amount of hours that I reserved for this month.
Individual agreement (coaching clients)
In case we entered into an agreement for individual guidance such as coaching, the cancellation costs depend on when you decide to cancel:
a.If you cancel within 24 hours before the appointment, I will charge you 100%; b.If you cancel earlier then 24 hours but within one week, I will charge you 50%; c.If you cancel earlier then one week before the appointment, I won’t charge you.

Article 8. Online courses/online content
1.You buy access to the content and the content for you personally. You may not share your login details with others.
2.Happy M can change the content of online content at any time, such as expanding, limiting or giving it a completely different interpretation.
3.Happy M has the right to deny you access to current or future online content. This is possible, for example, if you have made previous purchases and have not paid for them or if you do not comply with the terms of the agreement.
4.Bonusses such as live sessions, bonuses and materials are always an extra addition to the online course/content and do not represent any value of their own.
5.After your access to the content ends, you are not allowed to develop similar content yourself for a period of 24 6. months.
7.You are never obliged to perform or refrain from certain actions. You are always responsible for your own actions
and decisions.
8.HappyM has the right to withdraw access to the online content at any time at her own discretion. She will do this if
she has good reasons for doing so, such as a violation of the rules of conduct. In such cases there is no right to
compensation.
9.As a private individual, you may withdraw from the agreement within 14 days of gaining access: this is the
statutory right of withdrawal (“herroepingsrecht”). You will then get the money back. Send an email to
melanie@happym.eu in time and we'll make it right.
10.If you are a private individual, you can always cancel the agreement. In this case, we look at the moment of
cancellation and what you have already followed from the course. Based on this, it is calculated whether there is a right to a partial refund of the purchase price. Once all content is made available, we have fully fulfilled our obligations and you are no longer entitled to a partial refund.

Article 9. Liability
1.HappyM is only liable for direct damages that arise out of intent or gross negligence. However, if there is a case in which HappyM would be liable, the liability is limited to what is mentioned in this article.
2.Liability is always limited to direct damages. This means that indirect damages, such as (but not limited to) trading losses, consequential losses, lost profit, reputational damage, missed savings, etc. are always excluded from liability.
3.Furthermore, HappyM has insurance which covers her in case of liability. The maximum amount that will be paid to you in case of a justified liability, is the maximum amount that her insurance will cover in this specific case.
4.In case the insurance company does not cover the liability, the maximum amount is maximized to what you have paid for the services of HappyM which led to the liability causing activity.
5.HappyM can never be held liable for damages that arise from information that you have provided which were wrong or not complete. You indemnify HappyM for all claims that arise from such wrong or incomplete information.

Article 10. Confidentiality and Intellectual property
1.Both parties agree to keep all information they receive from each other confident. This confidentiality will last at least up to three years after the ending of the agreement.
2.If you provide me with materials (such as logos of your business), you guarantee that you are the lawful owner of those materials and you indemnify me for all potential claims arising from my usage.
3.All materials that you receive from Happy M or that are used while providing the services, are the intellectual property of Happy M. You have a right to use them for the nature of the services purchased, but you can’t use them any other way.
4.Additional rules for online courses/content:
5.You may not disclose information, share it with others (except current fellow students), reproduce, copy, modify,
etc.: you may take note of it and use this knowledge for your own purposes.
6.The following situations are always considered copyright infringement: a) use of the information for a purpose
other than agreed, b) reuse the information without permission, c) copying and modifying the information. This list
is not exhaustive.
7.If Happy M does find an infringement of her copyrights, she will charge you a fee of three times the selling price
of the course (for which it is sold at the time of the infringement). In addition to this compensation, she is also
entitled to claim compensation for other damage suffered.
8.You may not copy the content or create (almost) identical online content.

Article 11. Force majeure
1.If Happy M is unable to fulfill her obligations under the agreement as a result of force majeure, you will be notified in writing as soon as possible.
2.In case of force majeure, Happy M is not obliged to fulfill her obligations under the agreement. She will suspend her obligations as long as the force majeure is taking place.
3.When do we speak about force majeure? Some examples (but force majeure is not limited to only these axamples) are a pandemic or epidemic, disease, government measures, (civil) war or danger thereof, a riot, molestation, terrorism, fire, water damage, flood, strike, occupation, lock-out, import and export barriers, defects in machinery, failures in delivery. This also includes the (un)availability of the platform on which the online course/content is hosted. In all cases, it is about a situation that is out of control and through no fault or cause by HappyM.
4.When the force majeure is taking place for one month or longer, both parties can dissolve the agreement without judicial intervention.

Article 12. Do you have a complaint?
1.In case you have a complaint about the services of Happy M, I would like to receive your complaint in writing. 2.I will do my best to respond to your claim within 14 days of the submission.
3.A complaint does not mean that you can suspend your payment of the invoice.

Article 13. To finish
1.Our agreement is governed by Dutch law. In case there is a dispute, the competent court in The Netherlands will rule over the dispute.
2.In the case that one or more of the articles in this T&C are void or voidable, this does not concern all the other articles. Those articles remain valid.

HAPPY M, April 2023