General Terms and Conditions

Article 1: Definitions

In these general terms and conditions, the following terms are defined, in the broadest sense of the word, as stated below:

Creative Journeys: the general partnership (vennootschap onder firma) Creative Journeys, located at (2582 VA) The Hague at Boreelstraat 26, registered with the Dutch Chambers of Commerce under the number 77979028.
The Client: the natural or legal person, acting in the performance of a profession or undertaking, who has provided Creative Journeys with assignments to provide its services.
Services: all services, in whatever shape or form, in the field of marketing automation, funnels and (AI) automation. All of the beforementioned in the broadest sense of the word.
Speaker engagement: an assignment provided to Creative Journeys for the purpose of providing keynotes, lectures, presentations, masterclass, or any similar type of speaking activities, which may or may not be combined with additional services.
Technical Rider: the document in which Creative Journeys provide description of the technical, facilitating and logistic requirements for a Speaker engagement.
In-company Training: a training, workshop or course, provided by Creative Journeys, which shall take place for or on behalf of client and its employee at the location of client or online.
Participant: the natural person, whether or not being the client itself, being a participant to an Academy, In-company Training, or to a programme or meeting provided by Creative Journeys.
Journey Leader™: the training program provided by Creative Journeys, aimed at company owners wishing to implement the Method of Journey Leader™ within its own organisation.
Academy: Journey Architect™, Journey Leader™ and other training courses provided by Creative Journeys.
Methodology: any by Creative Journeys developed concepts, models, systems, formats, strategies and procedures.
Certification: a written confirmation that the participant has met the quality and assessment criteria set by Creative Journeys.
License: the rights provided by Creative Journeys to use the Methodology of Creative Journeys as in accordance with and as described in these general terms and conditions and in the license.
Agreement: any written agreement between Creative Journeys and the client for the purpose of providing services by Creative Journeys to and on behalf of the client.
Parties: Creative Journeys and the client jointly.
Written: any communication in writing, amongst others, any communication via e-mail and digital communications, provided that the identity of the sender as well as the authenticity of the communication is sufficiently proven.
Website: www.creativejourneys.com.

Article 2: Applicability of the General terms and conditions

These general terms and conditions are applicable to all offers, quotations, and agreements between Creative Journeys and its clients, as well as any services and/or other performances provided by Creative Journeys for and/or on behalf of the client. These general terms and conditions are also applicable to any services provided by a third parties for which its services are engaged by Creative Journeys for and/or on behalf of the assignment by the client.
These general terms and conditions cannot be deviated from, unless parties explicitly agree to it up front and in writing.
The applicability of any potential general terms and conditions or general terms and conditions of sales used by the client are explicitly rejected. Any conditions that conflict with these general terms and conditions are not accepted by Creative Journeys.
The most resent version of the general terms and conditions of Creative Journeys is applicable. Creative Journeys retain the right to unilaterally alter and/or supplement these general terms and conditions at any given time without giving prior notice and/or explanation to the client. Any amendment to these general terms and conditions shall only be applicable to new agreements as well as to existing agreements, provided that Creative Journeys has informed the client in writing of these amendments, providing the notice that these amendments have been declared applicable, while distributing the new general terms and conditions to the client. Client cannot derive any rights to agreements made between parties that deviate from these general terms and conditions.
If and in the event one or more provisions of these general terms and conditions is or becomes at any time fully or partly void or invalid, this shall not affect the remaining provisions in these general terms and conditions. Parties shall then consult in order to agree on new stipulations to replace the invalid stipulations, whereby observing the nature of these general terms and conditions.
If Creative Journeys decides to deviate from these general terms and conditions in favour of the client, no rights may be derived from this deviation.

Article 3: Quotations and offers

The validity of any offer provided by Creative Journeys is valid for the term as provided in the offer. In the event that no term is provided, the offer shall be valid for the duration of 30 days from the date of the offer.
Offers and/or quotations shall be provided in writing, unless urgent circumstances preclude this.
Any offer or quotation can be based on information as provided by the client. If it appears that the provided information is not correct or outdated after the offer and/or quotation has been provided, Creative Journeys shall retain the right to amend the prices and other terms. Creative Journeys is not obliged to investigate the correctness of the information provided by the client and/or third party on behalf of the client.
A combined quote will not oblige Creative Journeys to deliver a portion of the service against the corresponding part of the provided quotation.
Creative Journeys cannot be held to any offer and/or quotation in the event that the client understands or may reasonably understand that the offer and/or quotation, or parts thereof, contains an apparent error, spelling mistake, print or typographic error and/or mistake.
Prices provided in the offer and/or quotations are excluding VAT and other government-imposed levies, as well as any reasonably to be incurred in the context of the agreement, amongst which, but not limited to, travel and accommodation expenses, shipment- and administration fee, unless agreed otherwise.
Offers and quotations are not automatically applicable to new and/or future assignments.

Article 4: Formation of the Agreement

The agreement shall be concluded after the client accepts the offer provided by Creative Journeys, such as by provided approval via email, in writing or via digital eSignature. An agreement concluded through the website of Creative Journey shall be realized by clicking on the booking/order button in the last step of the registration process on the website of Creative Journeys.
In the event that the acceptance of the client, (whether on minor points or not) deviates from the offer provided by Creative Journeys, the agreement between Creative Journeys and the client shall only be concluded provided that Creative Journey has accepted these deviations expressly and in writing.
In the event that the client provides an assignment to Creative Journeys without an offer or proposal has been made by the latter, the agreement shall be concluded but not only after written confirmation by Creative Journeys.
Agreements shall become binding for the client after written confirmation by Creative Journeys or in the event that Creative Journeys has commenced its services prior to the written confirmation by the latter, provided that no objections have been raised by the client.

Article 5. Duration and amendments of the agreement

All agreements are concluded for a specific term unless otherwise agreed upon in writing.
Academy programs are for the fixed term of 5 months, unless otherwise agreed upon in writing.
Consultancy- and yearly programs have a fixed term of 12 months, unless a deviated program is agreed upon against an agreed upon against a fixed total price.
Premature termination by the client is not possible, unless Creative Journeys agree to this in writing. A cancellation fee as set out in article 7A, 7B and article 9 of these general terms and conditions is applicable in the event of cancellation by the client prior to the start of the services by Creative Journeys.
Interim termination is not possible in the event on an agreement parties based on a project-by-project basis. Suspension of participation shall not extend the duration of the program and does not suspend the obligation of payment.
If during the performance of the agreement it becomes apparent that it is necessary to amend the agreement for a proper execution of the agreement; Parties shall timey enter into discussion in order to amend the agreement accordingly. Any amendment of the agreement that leads to a change of the quality or quantity of the the nature, scope or contents of the agreement, whether upon request or indication of the client, relevant body, etc, may have consequences for what parties have originally agreed to. Therefore, it is possible that the original price might be amended accordingly. Creative Journeys shall provide the client as soon as possible with an amended quotation of the price. Any amendment of the agreement may lead to a change of the agreed upon term. In that event, the client shall accept the possibility to amend the agreement with regards to amendments in relation to the price and execution term.
In the event of amendment of and/or additions to the agreement, Creative Journeys has the right to execute the latter only after this has been approved by the authorized person within Creative Journeys and provided that the client agrees to the provided price and other terms, including the to be determined time of implementation of the amendment and/or addition. Creative Journeys will not be in default due to any non- or delayed execution of the changed agreement, neither will this provide the client with the right to terminate or cancel the agreement.
Creative Journeys may refuse a request to amend the agreement, without being in default of the agreement as a result, if this could have any qualitative and/or quantitative effect to the performance of the services.

Article 6. Client obligations

Client is obligated to provide all data and information, in the desired form and in the desired manner, needed by Creative Journeys as deemed necessary in order for the latter to correctly, fully and safely perform its services with no interruptions. If the necessary data and/or information is not provided timely in the desired form and desired manner, Creative Journeys shall retain the right to suspend the agreement and charge the client with any (additional) cost in relation to the delay according to the tariffs which are in effect. If it regards a one-on-one programme, the client shall also provide Creative Journeys access to all its products and services.
The client may have high demands for advice and services provided by Creative Journeys, however, it is the client that is responsible for the accuracy, completeness and reliability of all data what is provided by the client to Creative Journeys, regardless whether this information is provided by the client or by a third party on behalf of the client. The client remains at all times responsible and liable for any consequences deriving from providing incorrect, incomplete and unreliable information and data.
The client is obligated to inform Creative Journeys as soon as possible of any facts and circumstances that are necessary and important for the performance of the agreement.
The client is responsible to store and keep its digital files safely. Creative Journeys is not responsible nor liable for the loss or hacking of any digital files.
The client is responsible for the correct use of the received files, designs, models and/or drafts. The client shall also respect the intellectual property rights of Creative Journeys and/or the third party's whose services are engaged for the performance of the service.
The client is at all times obliged to check the received drafts for completeness and accuracy or incompleteness, and if any, to inform Creative Journeys either as soon as possible, or at least within 7 days, unless a different term is agreed upon explicitly between parties. If the client does not respond within the period of 7 days, the drafts shall be regarded as proper, providing Creative Journeys with the right to 'go live', as well as the right to invoice the performed services and request payment thereof.

Article 7. Performance of the agreement

Creative Journeys shall determine the way and by which person(s) the agreement shall be performed. Creative Journeys shall execute its services by applying the best of its abilities and knowledge, and in accordance with the requirements of good workmanship. Creative Journeys has the duty of effort with regards to the provided services but cannot be held accountable for the obligation to achieve results. Creative Journeys cannot be held liable for disappointing results and/or not meeting the desired goals in relation to the by Creative Journey provided services. Creative Journey shall never guarantee turnover, profit, growth, certification or any other commercial or business results.
It is the client's own responsibility to implement and/or follow advice and or strategies provided by Creative Journeys.
Creative Journeys will perform all reasonable efforts to secure the information of the client in such a manner that this information shall not be available to unauthorized persons.
Creative Journey is entitled to have a third party perform (part of) the service, without prior consent and approval by the client should Creative Journey consider such to be necessary.
Creative Journey is not liable for errors, mistakes and/or shortcomings by third parties deployed by or on behalf of the client, regardless of whether this third party was introduced by Creative Journeys. The client itself must call this third party to account. Creative Journeys can provide assistance thereto upon request. If client works with several team members, the client must appoint one key person as contact point for Creative Journeys. Any delay caused by third parties deployed by the client will entirely be for the account and at the risk of the client.
The time limit within which the service must be performed, is illustrative only and are never to be considered as dates to be observed on a penalty or forfeiture. The exceeding of a pre-defined term shall not constitute an attributable breach on the part of Creative Journeys and consequently shall not be grounds for the termination for the agreement. The client must send a notice to default to Creative Journeys if the term and/or implementing period is exceeded, for which Creative Journey shall be provide with a reasonable term to comply with the agreed upon services. Creative Journeys may never be held to any compensation for damage to the client.
The term shall commence after the client has provided the necessary information and/or data to Creative Journeys in the event that the client must provide information and/or data which are necessary for the performance and/or delivery of the information and/or services.
Creative Journeys retains the right to execute the agreement in several phases and to invoice the thus carried out part separately. Creative Journeys is not obliged to perform its services of the next phase in the event that the client does not pay the invoice for which Creative Journeys may suspend its performance of the agreement. Creative Journeys retains the right to hold any further performance of tis services in the next phase until the client has approved the prior phase up front in writing. The client shall check and provide any comments on possible amendments on all delivered services by Creative Journeys, such as drafts and designs, within 7 days after receipt by the client.
The client has a maximum of 1 feedback round at no cost in the event that Creative Journeys has provided the performed services for client's approval. If the client wishes to have more feedback rounds, the client must pay any (additional) costs deriving from the additional feedback round.
Creative Journeys shall retain the right to use the name of the client or of the project and performed services for commercial purposes without Creative Journeys being entitled to any payment towards the client, except for provisions of mandatory law in relation to personal information of natural persons.
Creative Journeys shall provide an electronic newsletter in which (potential) clients shall be informed on the development of the services of Creative Journeys, unless the (potential) client is not interested in such newsletter. The electronic newsletter shall be distributed via the email address that has been provided by the client upon registration.
The client may receive login data by Creative Journeys for the purpose of online (group)programs, etc., and login data of Creative Journeys. It is the client's own responsibility to use and provided information safely.
Obtained login data, e-books and/or other course material for the (online) program by Creative Journeys may never be provided and/or forwarded to any third party. The client shall remain fully responsible for the correct use of the beforementioned as well as respecting the intellectual property rights of Creative Journeys and/or third parties involved in the performance of the service. It shall be explicitly forbidden for the client to duplicate, process, exploit, etc., the course material.
The client is prohibited to develop, for itself or on behalf of a third party, sell or exploit the course, training, coaching-program, certification program or any comparable know-how, or to participate thereto, which is comparable to and/or substantially inspired by the Methodology, the content of the structure of the relevant program of Creative Journeys for the duration of 24 months after the services have been completed. This prohibition is applicable to all courses of Creative Journeys, amongst which the Academy-programs, In-company training, the Journey Architect™ Program and the Journey Leader™ Program.
Creative Journeys retains the right to deny client's access to the program if Client disrupts the program in any which way whatsoever (for example, by not following instructions and/or guidance by Creative Journeys, or in the event that the client causes nuisance. If the beforementioned occurs, the client shall not have the right to a refund.
Creative Journey retains the right to expand, minimize or amend the content of the (online) (group)program, as well as to change the time and locations thereof. If the client appears to not be available for a session within the group program, that relevant session shall lapse without any right of the client to reimbursement or restitution.
Recordings of the sessions shall be made available online for the duration of 12 months after initiation of the program. After this period, the right to access to the recordings shall lapse for which Creative Journeys shall have the right to remove and/or delete the recordings.
The client must reschedule a session at least 48 hours prior to the planned session. A moved session shall be rescheduled with Creative Journeys within the same period. The session shall expire if the client does not move the sessions within the same period, without any right of the client to reimbursement or restitution.
The client shall remain at all times responsible to carry out and implement the knowledge and/or practices as learned during the (online)program. The program shall remain at all times the property of Creative Journeys.
Creative Journeys is committed to answer any messages within regular office hours, with the exemption of weekends, official holidays, vacation and prior communicated unavailability of Creative Journeys, amongst which, but not limited to, training days, events or multi-days meetings.
Client's right to prematurely termination of an (online) (group)program is excluded. If the client wishes to terminate the agreement, the client shall remain liable and responsible for the full payment of the entire agreement, unless Creative Journeys agrees otherwise.
When purchasing digital products, such as e-books, give-aways, etc., the client agrees to immediate delivery after the purchase. The purchase shall therefore become binding and definitive. It is not possible to cancel digital products such as e-books and give-aways.

Article 7A. Speaker engagement

The fee for a speaker engagement shall be determined and agreed upon per assignment and shall contain of a fixed keynote-fee, excluding travel and accommodation expenses, unless otherwise agreed upon.
Travel and accommodation expenses are for the account of the client, unless parties agree in writing that Creative Journeys shall arrange these matters itself. In the event of foreign assignments, the client is also responsible for bearing the cost of the visa, local transportation and other related costs.
The client shall ensure and secure and adequate location and technical provisions in compliance with the by Creative Journeys provided technical rider. The client may not hold Creative Journeys liable for a reduced quality of the speaker engagement in the event of partial or fully non-compliance with the technical rider.
Cancellation of a speaker engagement by the client is only possible under the following conditions:
    cancellation less than 90 days prior to the planned date: no cost;
cancellation between 60 and 90 days prior to the planned date: 25% of the keynote-fee;
cancellation between 30 and 60 days prior to the planned date: 50% of the keynote-fee;
cancellation between 30 days prior to the planned date: 100% of the keynote-fee.

    Any travel and accommodation cost incurred shall be owned.
Change of a speaker engagement to a different date is only possible after written consent by Creative Journeys. The cancellation conditions according to article 7A.4 shall be applicable if it is not possible to change the speaker engagement.
Creative Journeys is the owner of all intellectual property rights with regards to the content of the speaker engagement, amongst which, the presentation, the visuals, the storyline, and the structure.
The client shall have the right to use the photos and short videoframes (maximum of 3 minutes per fragment) for its own communication purposes, provided that Creative Journeys is mentioned as source. Recording, broadcasting and/or publishing of the whole speaker engagement or a substantial part thereof, is only permitted after receiving prior written permission by Creative Journeys, to which additional conditions and payments shall be applicable.
Creative Journeys shall retain the right at all times to use the audio and video recordings (video, photo, audio) for its own promotion, marketing and commercial purposes without prior consent by or compensation to the client.
If the client wishes exclusivity with regards to the content of the speaker engagement, this shall only be possible if agreed up front and in writing, for which an additional fee shall be applicable. In the event that no exclusivity has been agreed upon, Creative Journeys shall retain the right to use the same or a comparable keynote-content for a different client.
Creative Journeys offers the speaker engagement in the following forms, unless agreed upon otherwise: (a) a standard keynote containing of an existing repertoire; (b) a keynote with amendments to the specific event and public of the client. De relevant form and related fee shall be agreed upon in writing.

Article 7B. In-company Training

The client shall be responsible for making available an adequate location, with technical facilities, catering and other necessary amenities necessary for the In-company Training, unless agreed upon otherwise in writing.
The client must provide up front and in writing the number of participants, the duration, and content of the In-company Training.
Training material made available by Creative Journeys shall be exclusively for the participants that actually takes part of the relevant In-company Training. The client is not permitted to share, distribute or make available the training material with others that have not participated to the training, unless prior written consent is provided by Creative Journeys.
The client and the participants are strictly forbidden to create a training, course, program, workshop or any similar and/or related knowledge product based on training and its content provided by Creative Journeys. This prohibition is applicable both internally as externally for the duration of 24 months upon completion of the relevant In-company Training. This prohibition also contains the replication, restructuring or any other reproduction of the training, structure, set-up or methodology used by Creative Journeys.
The client guarantees that all participants agree up front in writing to the confidentiality requirements as stipulated in article 18 of these general terms and conditions in so far as they apply to the participant. The client shall remain liable towards Creative Journeys for any breach of this obligation by the participants.
In the event of a cancellation of an In-company Training by the client, the cancellation conditions according to article 7A.4 shall be applicable.

Article 7C. Consultancy program

Consultancy program shall be performed based on an assignment agreement. The rate structure (hourly basis, fixed project price, retainer or a combination thereof) shall be determined up front and in writing in the assignment agreement.
If the client wishes to amend the consultancy program with regards to the nature, shape or direction of the assignment not foreseen in the original agreement (extra work), the client must make this known to Creative Journeys in writing. Creative Journeys shall inform the client on the consequences that this amendment shall bring in relation to the schedule, price and other conditions. Extra work shall only be performed after both parties agree upon the amended conditions in writing.
If the client does not (timely) provide the necessary information, data, access to systems or provide the necessary cooperation for the performance of the consultancy program, Creative Journeys shall retain the right to amend the original planning. Any delay caused by the client shall not extend the available term of the program and shall not suspend any payment obligations by the client. Any waiting period resulting from the attributable breach by the client shall be regarded as lead time.
What is stipulated in article 7.9 (free feedback round) is not applicable to consultancy program. The size of feedback moments and decision moments within the consultancy program shall be determined in the assignment agreement.

Article 7D. Agency program (strategy & performance)

For the agency program, Creative Journeys shall work in the systems, platforms and accounts of the client, unless otherwise agreed upon in writing. The client is responsible for timely providing the necessary access and authority.
The client shall indemnify Creative Journeys for all damage that may derive from and in relation to the use of client's existing systems, amongst others, but not limited to, data loss, system failures, conflict with existing integration or third party software, as well as any consequences deriving from incorrect or incomplete configurations that existed prior to commencement of the assignment.
Throughout the term of the agency program, Creative Journeys shall provide an appropriate solution in the event of any changes in the external software or third party tools (amongst which, but not limited to, email marketing platforms, CRM-systems, automation tools, and CMS-systems) if this shall affect the functioning of the provided activities by Creative Journeys. After the program is terminated and/or completed, the client shall remain responsible for the maintenance, monitoring and functioning of the systems and integrations, including any consequences due changes of third-party software.
The size of any possible maintenance and support activities after the program is completed shall be stipulated in the assignment agreement, if applicable.
If and in the event Creative Journeys obtains access to personal data or system of the client during its performance of the agency or consultancy engagements, the client shall remain responsible for the legitimate collection and use of said data, as well as for providing the necessary rights and authorisation. Insofar parties qualify as the controller and the processor, parties shall agree on additional terms in a separate data processing agreement (DPA), if required by law.

Article 8. Certification, exams & licenses (Journey Architect™)

Certification shall be granted solely if, in the exclusive discretion of Creative Journeys, all substantive and qualitative requirements have been met. The decision of Creative Journeys regarding certification is binding.
The exam can be retaken once, unless otherwise agreed upon in writing.
Certification does not provide any exclusive rights, franchise, representation rights or any other form of partnership, unless explicitly agreed upon otherwise in writing.
Creative Journeys is the sole owner of all intellectual property rights in the Methodology, including but not limited to materials, programmes, methodologies, formats, documentation, audio and visual materials, texts and software.
Certification does not automatically imply a right to use Creative Journeys' Methodology. Use of the Methodology is only be permitted if and, in the event, a separate written licence has been granted by Creative Journeys.
A licence to Creative Journeys' Methodology can only be explicitly granted in writing by Creative Journeys and shall at all times constitute a non-exclusive, non-transferable and revocable licence, for which the licensee shall only obtain the right to use the Methodology within the limits set out in the licence agreement and these general terms and conditions.
It is strictly forbidden to use, apply, exploit or cause to be used of the Methodology by any other party, whether directly or indirectly, without the prior explicit written licence by Creative Journeys.
The licence shall be granted against payment. Creative Journeys has various forms of licences and corresponding fees. The applicable fees shall be published by Creative Journeys, which can be requested from the latter.
Upon termination or revocation of the licence, the licensee is obliged to immediately cease any reference to Creative Journey's Methodology and shall remove and keep removed, within 14 days, all materials, statements, documentation and references relating thereto.
Creative Journeys retains the right to revoke certification and/or the licence with immediate effect and without refund in the event of misuse, inappropriate or transgressive conduct, reputational damage, infringement of intellectual property rights, breach of these general terms and conditions, or breach of any additional licence terms.
Revocation of certification or licence shall not give rise to any right to damages or refund of amounts already paid. Any licence granted by Creative Journeys for the Methodology or other intellectual property rights shall be revocable and shall automatically lapse, without prior notice of default or refund, if:
1. the client is declared bankrupt, applies for suspension of payments, or otherwise loses the unrestricted power to dispose of its assets; or
2. the client fails to fulfil its payment obligations under the agreement, including, but not limited to, non-payment of invoices or costs arising from exceeded deadlines or additional work.
Upon revocation of the licence, the client is obliged to immediately cease all rights of use of the Methodology or other intellectual property and shall remove all materials, documents and digital files. Creative Journeys shall retain the right to withdraw or block such materials.
The licence shall be granted for a period of one (1) year, which shall commence on the certification date, respectively the date of renewal.
Renewal of the licence shall only be possible if the licensee: (a) submits a written renewal request no later than 30 days prior to expiry of the current licence period; (b) pays the renewal fee as determined by Creative Journeys; and (c) has participated in the refresher day organised by Creative Journeys prior to the new licence period. Participation in the refresher day is mandatory for renewal.
In the absence of timely renewal, the licence shall automatically and irrevocably expire on the end date of the current licence period. Upon expiry of the license, the former licensee shall no longer be entitled to use the Methodology, refer to it in commercial communications, or present himself or herself as a certified Journey Architect™.
The licence grants the licensee solely the right to apply the Methodology in the performance of services for the licensee's individual clients (one-to-one programs). The licensee is expressly not permitted to: (a) teach, train, or otherwise transfer knowledge of the Methodology to third parties; (b) use the Methodology as the basis for or as part of its own group programs, courses, training programmes, e-learning modules or similar products; (c) license, sublicense or otherwise making the Methodology available, in whole or in part, to third parties.
When using the Methodology in commercial communications, on the licensee's website, in quotations, on social media and in other communications, the licensee is obliged to state that he or she works the Journey Architecture® Methodology of Creative Journeys, including a clear reference to www.creativejourneys.com. The reference shall be made in accordance with the branding guidelines provided by Creative Journeys.
The licensee is obliged to apply the Methodology in a manner consistent with the quality standards and reputation of Creative Journeys. If Creative Journeys detects or reasonably suspects that the licensee is applying the Methodology in an incorrect, harmful or unprofessional manner, Creative Journeys shall be entitled to: (a) demand in writing that the licensee must cease or rectify the relevant use within 14 days; (b) in the absence of remedy or in the event of repeated breach, revoke the licence with immediate effect in accordance with article 8.10, without any right to refund.
The licensee is prohibited, during the term of the licence and for a period of 24 months after termination, from directly or indirectly developing, offering, exploiting, or participating in any certification or training programme that is wholly or partially based on, comparable to, or competitive with the Journey Architecture® Methodology or the Academy programmes of Creative Journeys. In the event of breach of this prohibition, the licensee shall forfeit an immediately due and payable penalty of €25,000 per breach, increased by €1,000 for each day the breach continues, without prejudice to the right of Creative Journeys to claim full compensation for damages.

Article 8A. Journey Leader™ Program

The Journey Leader™ Program is a training program for business owners with a focus on the internal application of the methodology within its own organisation. The Journey Leader™ Program does not grant the right to use the methodology externally and/or on behalf of third parties or client's customers.
The client (Journey Leader) may apply the knowledge and insights from the program within its own organisation and provide instructions to its own team members if required for internal business operations. The Journey Leader is not permitted to formally educate, train or provide any know-how product regarding or related to the methodology to its own team or third party.
Creative Journeys is not liable for any actions or omissions of the team members of client, regardless of whether or not these team members have received instructions from the client based on the Journey Leader™ Program. The client expressly indemnifies Creative Journeys against all claims from third parties – including the client's end customers – arising from or related to the application of the methodology by the client, its team members, or other parties involved within the client's organization.
The client is fully responsible for way its team members apply the methodology, the quality of the implementation by the team members, and the results deriving therefrom. Creative Journeys does not provide any guarantee on the suitability or competence of the client's team members for the application of the methodology.
During and for a period of 24 months after termination of the program, it is forbidden for the Journey Leader to: (a) develop of offer an own training, course, certification program that is fully or partly based on the methodology; (b) use the methodology externally for or on behalf of clients, relations or other third parties; (c) license, sublicence or otherwise making available of the methodology to third parties outside the organisation of the client.
The anti-competition clause as stipulated in article 8.19 is mutatis mutandis applicable to participants to the Journey Leader™ Program.
The client acknowledges that individual team members who systematically apply the methodology in customer relationships, must follow a separate training and/or certification program offered by Creative Journeys. Creative Journeys cannot be held responsible for the consequences that derive from team members that are insufficiently trained while still applying the methodology.

Article 9. Suspension, dissolution and premature cancellation of the agreement

Creative Journeys shall be entitled to suspend performance of its obligations or to dissolve the agreement, in whole or in part, if the client fails to perform its obligations under the agreement, fails to perform them in full or in a timely manner, if circumstances coming to the attention of Creative Journeys after the conclusion of the agreement give good grounds to fear that the client will not fulfil its obligations if the client was requested at the time of entering into the agreement to provide security for the performance of its obligations and such security is not provided or is insufficient, or if, due to delay on the part of the client, Creative Journeys can no longer reasonably be required to perform the agreement under the originally agreed conditions. Creative Journeys shall, amongst others, be entitled to terminate the agreement with immediate effect, without any obligation of refund to the client, if the Client makes improper use of the services of Creative Journeys.
Creative Journeys shall furthermore be entitled to dissolve the agreement if circumstances arise of such a nature that performance of the agreement becomes impossible, or if other circumstances arise such that the unamended continuation of the agreement can no longer reasonably be required of Creative Journeys.
Dissolution shall take place through a written notice and without judicial intervention.
If the agreement is dissolved, the claims of Creative Journeys against the client shall become immediately due and payable. If Creative Journeys suspends performance of its obligations, it shall retain its rights under the law and the agreement.
If Creative Journeys proceeds to suspend or dissolve the agreement, it shall in no event be liable for any damages or costs arising therefrom in any manner whatsoever.
If the dissolution of the agreement is attributable to the client, Creative Journeys shall be entitled to compensation for the damages incurred, including costs, both directly and indirectly arising therefrom.
If the Client fails to fulfil its obligations deriving from the agreement, and such failure justifies dissolution, Creative Journeys shall be entitled to terminate the agreement immediately and with immediate effect, without any obligation to pay any damages or compensation, whereas the client shall be obliged to pay damages or compensation, by virtue of breach of contract.
If the agreement is terminated prematurely by Creative Journeys, the latter shall, in consultation with the client, arrange for the transfer of any outstanding work to third parties, unless such termination is attributable to the client. If such transfer results in additional costs for Creative Journeys, these shall be charged to the client. The client shall be obliged to pay such costs within the stipulated period, unless Creative Journeys indicates otherwise.
In the event of liquidation, (application for) suspension of payments, bankruptcy, attachment (provided that such attachment is not lifted within three months) at the expense of the client, debt restructuring, or any other circumstance as a result of which the client can no longer freely dispose of its assets, Creative Journeys shall be entitled to terminate the agreement with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any damages or compensation. In such case, the claims of Creative Journeys against the client shall become immediately due and payable.
If the client cancels an order in whole or in partly, the work performed and the items ordered or prepared for that purpose, increased by any transport, removal and delivery costs thereof and the labour time reserved for the performance of the agreement, shall be charged in full to the client. The costs shall in any event be fixed as follows:
    25% of the agreed total amount in the event of cancellation up to three months prior to commencement of the work by Creative Journeys;
50% of the agreed total amount in the event of cancellation within three months prior to commencement of the work by Creative Journeys;
75% of the agreed total amount in the event of cancellation within two months prior to commencement of the work by Creative Journeys;
100% of the agreed total amount in the event of cancellation within one month prior to commencement of the work by Creative Journeys.

  
In the event of cancellation, the client shall at all times be obliged to pay any costs already incurred by third parties.
Keynotes, In-company training, live events and programs (including agency programs, academy programs, consultancy programs and annual programs) cannot be cancelled prematurely. In such case, the client shall be obliged to pay the full agreed amount to Creative Journeys.
By way of deviation from the provisions of this article, speaking engagements and In-company training shall be subject exclusively to the cancellation terms as stipulated in Article 7A.4.

Article 10. Force majeure

Creative Journeys shall not be obliged to perform any obligation towards the client if it is prevented from doing so as a result of a circumstance not attributable to its fault and which, pursuant to law, a legal act, or generally accepted standards of reasonableness and fairness, is not for its account.
In these general terms and conditions, force majeure is understood as, in addition to what is provided by law and case law, all external causes, foreseen or unforeseen, over which Creative Journeys has no control over, but as a result of which Creative Journeys is unable to fulfil its obligations. This shall include strikes within the company of Creative Journeys or of third parties. Creative Journeys shall also be entitled to invoke force majeure if the circumstance preventing (further) performance of the agreement occurs after Creative Journeys should have performed its obligation.
Creative Journeys is entitled to suspend its obligations under the agreement during the force majeure period. If this period lasts longer than two months or if performance becomes permanently impossible, either party shall be entitled to dissolve the agreement without any obligation to compensate the other party for damages.
To the extent that Creative Journeys has already partially performed its obligations under the agreement at the time the force majeure occurs, or will be able to perform them, and independent value can be attributed to the performed or to be performed part, Creative Journeys shall be entitled to invoice the part already performed or to be performed separately. The client shall be obliged to pay such invoice as if it concerned a separate agreement.
If as a result of force majeure Creative Journeys is unable to carry out a speaker engagement on the agreed upon date, Creative Journeys shall notify the client thereof as soon as possible
In the event of force majeure affecting a speaking engagement, Creative Journeys shall use its efforts, in consultation with the client, to offer an alternative date. In the event of force majeure, Creative Journeys shall not be liable for any damages arising from the inability to perform the speaking engagement on the original date, including but not limited to loss of profit, organisational costs, participants' costs, or any other consequential damages.
Creative Journeys shall be entitled to appoint a substitute speaker, subject to the client's prior written consent. If the Client does not accept the proposed substitute speaker, or if no alternative date can be offered and/or agreed upon within a reasonable period, either party shall be entitled to terminate the speaking engagement. Any fees already paid shall be refunded in that case, with the exception of costs already incurred and non-refundable, including but not limited to travel and accommodation expenses.

Article 11. Fees

Creative Journeys retains the right to adjust its prices from time to time if the latter deems necessary. The client has the right to cancel the agreement if the prices increase after the agreement has been concluded, as of the date of price increase.
Price increase as a result of a legislation or extra work are excluded from what is stipulated in article 11.1.
If Creative Journeys has agreed on a fixed fee with the client, Creative Journeys is nevertheless entitled to increase this fee in the event that during the performance of the assignment it becomes apparent that the original agreed upon work is not estimated correctly when the agreement was concluded, and this underestimation is not attributable to Creative Journeys, for which it reasonably cannot be expected of Creative Journeys to perform the agreed upon assignment for the originally agreed upon fee. The client is obliged to pay for these additional costs.

Article 12. Payments and collection costs

Payment of the invoice must always be made within 14 days of the invoice date in a manner specified by Creative Journeys and in the currency in which the invoice is issued, unless otherwise mentioned by Creative Journeys.
Creative Journeys shall retain the right at all times to demand (full) advance or any other security for payment by the client.
Any objections by the client on the invoice does not suspend payment obligations by the client
Payment shall be made without any deduction, set off, or suspension for any reason whatsoever.
In the event of late or incomplete payment, Creative Journeys has the right to suspend the execution of the agreement with immediate effect or to terminate it by means of a written statement.
In the event of late payment or incomplete payment, the client shall automatically be in default for which Creative Journeys shall be entitled, without further notice of default, to charge the client statutory interest from the due date until the date of full payment.
Creative Journeys is entitled, in the event of late or incomplete payment by the client, without prior notice of default being required, to charge the client (extra) judicial collection costs of 15% of the agreed upon total amount, with a minimum of € 250,-, even if the actual costs exceed the court costs awarded. The latter applies insofar as mandatory provisions do not preclude this.
Payments made by the client will be deducted by Creative Journeys first from all interest and costs owed and then from the longest outstanding invoices. In the case of a joint assignment, the clients are jointly and severally liable for payment of the invoice amount, insofar as the work has been performed for the joint clients, regardless of the name on the invoice.

Article 13. Research, reclamation and limitation period

The client is obliged to inspect what is delivered to the client immediately upon delivery or completion of the relevant work. In doing so, the client must check whether the quality and/or quantity of what is delivered corresponds to what has been agreed and meets the requirements agreed upon by the parties in this regard.
Any visible defects must be reported in writing to Creative Journeys within 7 days of delivery. Any non-visible defects must be reported in writing to Creative Journeys immediately, but in any case, no later than fourteen days after their discovery. The report must contain as detailed a description of the defect as possible, so that Creative Journeys is able to respond adequately. The client must give Creative Journeys the opportunity to investigate the complaint (or have it investigated).
If the client submits a complaint in a timely manner, this does not suspend its payment obligation. In that case, the client remains obliged to accept and pay for the others what is ordered and for which it has given instructions.
If a defect is reported at a later date, the client will no longer be entitled to repair, replacement, or compensation.
If it is established that an item is defective and a complaint has been made timely, Creative Journeys shall, at its discretion, replace the defective item within a reasonable period of time after written notification of the defect by the client, or arrange for its repair. If it is established that a complaint is unfounded, the costs incurred as a result, including the investigation costs incurred by Creative Journeys, will be fully borne by the client.
In deviation of the statutory limitation period, the limitation period of all claims and defences towards Creative Journeys and a third party whose services is engaged for the performance of the agreement, shall be one year.

Article 14. Liability and waiver

If the client demonstrates that it has suffered damage as a result of an attributable failure by Creative Journey arising out of or in connection with the performance of the agreement, the liability of Creative Journeys shall be limited exclusively to direct damages and shall not exceed the (portion of the) invoice amount to which the liability relates. In engagements with a duration exceeding 3 months, the liability referred to herein shall be further limited to a maximum of the invoice amount relating to the last 3 months.
Creative Journeys shall only be liable for direct damages. Direct damages shall exclusively mean:
    the reasonable costs incurred in determining the cause and extent of the damage, insofar as such determination relates to damage within the meaning of these terms and conditions;
the reasonable costs incurred to ensure that the defective performance of Creative Journeys complies with the agreement, insofar as such performance is attributable to Creative Journeys;
reasonable costs incurred to prevent or mitigate damage, insofar as the client demonstrates that such costs have resulted in the mitigation of direct damage as referred to in this article.

  
Liability of Creative Journeys for indirect damages, including, but not limited to, consequential damages, loss of profit, loss of savings, corrupted or lost data or materials, damages due to business interruption, personal injury, or non-pecuniary loss, is excluded.
Creative Journeys shall never be liable for any damage of whatever nature arising from:
    the client's failure to comply with its obligations under these general terms and conditions;
a force majeure event as referred to in article 10 of these general terms and conditions;
the provision of incorrect and/or incomplete data or information supplied by or on behalf of the client;
the absence, loss or corruption of information, data or files delivered by Creative Journeys to the client;
the use of the services for purposes other than those for which they are intended;
the client's failure to inspect, or failure to timely inspect, documents, designs, drafts or concepts provided by Creative Journeys prior to delivery;
failure by the client or third parties to follow, or to correctly follow, advice and/or instructions given by Creative Journeys;
colour deviations on non-calibrated screens and prints supplied by parties other than Creative Journeys;
errors or malfunctions in equipment or software used;
a longer delivery and/or performance period than originally anticipated, regardless of the underlying cause;
infringement of intellectual property rights and/or privacy rights due to unauthorised access by third parties to information and/or data of Creative Journeys and/or the client;
infringement of intellectual property rights resulting from the client's violation of third-party intellectual property rights;
disappointing results and/or the failure to achieve the client's intended objectives;
errors and/or shortcomings of third parties engaged.

  
Creative Journeys is entitled to use AI-systems and external software. Creative Journeys does not warrant that AI-generated output shall be error-free or legally permissible. The client shall remain fully responsible for the review, implementation and application of such output.
Creative Journeys shall at all times be entitled, insofar as possible, to remedy or mitigate the client's damage by repair or improvement of the assignment. Creative Journeys shall never be liable for any damage suffered by third parties. The Client shall indemnify and hold Creative Journeys harmless against all third-party claims for damages arising out of or in connection with the performance of the agreement.
The provisions set forth in this article do not apply if and insofar as the damage is due to gross negligence or intent by Creative Journeys and in the event that mandatory legal provisions oppose this.

Article 15. Intellectual property

Unless otherwise agreed, all intellectual property rights arising from the assignment, including but not limited to patent rights, trademark rights, design rights, and copyrights, shall be the property of Creative Journeys. Insofar as such a right can only be obtained through filing or registration, only Creative Journeys is authorized to do so, unless explicitly agreed upon otherwise.
Creative Journeys has the right to use the knowledge gained through the performance of an agreement for other purposes, insofar as no strictly confidential information of the client is disclosed to third parties.
Parties may agree that the rights referred to in the first paragraph will be transferred in whole or in part to the client. This transfer and any conditions under which the transfer takes place, shall always be laid down in writing. Until the moment of transfer, a right of use will be granted as stipulated in article 16 of these general terms and conditions.
Creative Journeys retains the right at all times to mention its (company)name on any work, or even to have it removed, unless the work appears to not be suitable for this. The client is not permitted to remove or amend any indications of trademarks, tradenames, copyrights or any other intellectual property rights.
The intellectual property rights used by Creative Journeys in the licence may never be amended, altered, reproduced, published or exploited by the client.
Unless otherwise agreed, the drawing, illustrations, concepts, designs, strategies, blueprints, funnels, advice, photos (audio and video) presentations, and other materials or (electronic) files created by Creative Journeys, regardless of whether they have been made available to the client or to third parties. The client is not permitted to copy, reproduce, or otherwise duplicate, translate, adapt, recreate, modify or reconstruct the service or any part thereof.
After completion of the assignment, neither the client nor Creative Journeys shall have any obligation to retain the materials and data used, except for the statutory retention obligation.
The client indemnifies Creative Journeys for any claims by third parties based on the breach of intellectual property rights. Creative Journeys is also not responsible nor liable for any consequences arising from Creative Journeys' operating in the systems of the client.
In the event of infringement of the intellectual property rights of Creative Journeys, the client shall forfeit an immediate payable penalty of € 50.000,- per infringement, without prejudice to the right of Creative Journeys to claim full compensation. The client shall also be obliged to reimburse the reasonable costs incurred by Creative Journeys in enforcing its rights, including extrajudicial costs and reasonable legal fees, insofar as this is not contrary to mandatory provisions of law.

Article 16. Use of the results

When the client fully complies with its obligations under the agreement with Creative Journeys, it acquires the right to use the result of the assignment in accordance with the agreed purpose. If no agreements have been made regarding the purpose, the right of use remains limited to the use for which the assignment was (apparently) given. The right of use is exclusive, unless the nature of the agreement dictates otherwise or unless otherwise agreed.
Without written permission from Creative Journeys, the client does not have the right to modify the result of the assignment, to use or reuse it more extensively or in any other way than agreed, or to have this done by third parties. Creative Journeys may attach conditions to this permission, including the payment of a fair fee.

The client must obtain permission from Creative Journeys before entering into any agreements with third parties that give or may give them access to the work. The client must at all times notify Creative Journeys of any collaborations with third parties who have or may have access to the work of Creative Journeys, such as funnels, even if the agreement with Creative Journeys has been terminated.
In the event of any other use not agreed upon, including modification, mutilation, or damage to the provisional or final result, Creative Journeys shall be entitled to compensation for infringement of its intellectual property rights, as described in article 15.9 of these general terms and conditions.
Unless the consequences thereof are contrary to reasonableness and fairness, the client is not (no longer) permitted to use the results made available by Creative Journeys:
    from the moment that the client fails to fulfil its payment obligations under the agreement, either in whole or in part, or is otherwise in default;
if the assignment is terminated prematurely for reasons specified in article 8 of these general terms and conditions;
in the event of bankruptcy and/or suspension of payment(s) of the client, unless the relevant rights have been transferred to the client in accordance with article 15.2 of these general terms and conditions.

  

Article 17. Consultancy

All advice given by Creative Journeys, knowledge shared, and communications and statements provided by Creative Journeys regarding amongst others, the characteristics of services to be provided by Creative Journeys are entirely without obligation and are provided by Creative Journeys as non-binding information. Creative Journeys does not provide any guarantee in this regard.
Creative Journeys is not liable for any direct or indirect damage, in whatever form and on whatever grounds, arising from the provision of information and/or advice by Creative Journeys.
The client indemnifies Creative Journeys against any claims by third parties, unless it concerns an intentional act or gross negligence on the part of Creative Journeys.

Article 18. Confidentiality

The parties undertake to maintain confidentiality with regard to all confidential information they obtain from each other within the framework of the agreement. Confidential information includes, but is not limited to: the Methodology, training content, templates, frameworks, strategies, (AI) automation, documentation, concepts, working methods, quotations, price agreements, login or access data, and all other non-public business information of Creative Journeys and/or the client.
The client shall use confidential information exclusively for the purpose for which it was provided and shall not disclose it to third parties, unless Creative Journeys has given prior written consent or when disclosure is required by law.
The client shall ensure that participants and/or third parties engaged by the client who gains access to confidential information also comply with this confidentiality obligation. The client guarantees and is liable for any breach by these persons and/or parties.
Parties are bound by confidentiality for the duration of the agreement and five years after the agreement has ended, unless a longer period is required based on the nature of the information.
In the event of a violation of this article, the client shall forfeit an immediately payable penalty of €25,000 per violation, without prejudice to the right of Creative Journeys to claim full compensation. In addition, the client is obliged to reimburse the reasonable costs incurred by Creative Journeys in enforcing its rights, including extrajudicial costs and reasonable legal fees, insofar as this is not contrary to mandatory provisions. Creative Journeys is entitled to terminate the agreement with immediate effect in the event of a violation.

Article 19. Artificial Intelligence and protection of Methodology

All materials, content, strategies, frameworks, templates, workflows, training content, methodologies and other (digital) files provided by Creative Journeys shall at all times remain the property of Creative Journeys and shall qualify as intellectual property, confidential information and proprietary business know-how.
Unless Creative Journey has granted its prior explicit written consent, the client is prohibited from using, in whole or in part, the materials referred to in article 19.1 as input, training data, fine-tuning material, prompt components, knowledge sources or reference files for:
    training, fine-tuning, adapting or improving artificial intelligence models, large language models (LLMs), machine learning systems or comparable technologies;
creating AI-generated derivative works based on or inspired by the methodology or materials of Creative Journeys;
inclusion in retrieval-augmented generation (RAG) systems, vector databases, knowledge graphs or comparable systems;
AI-chatbots, virtual assistants or automated systems that reproduce, paraphrase or provide advice based on the methodology or content of Creative Journeys.

  
The use of generative AI-tools for the analysis or processing of materials shall be only permitted for the client's strictly personal and internal use, provided that:
    the materials are not uploaded to services that use input data for model training or improvement;
no commercial exploitation takes place; and
no infringement is made of the rights of Creative Journeys.

  
In the event of a breach of this article, the client shall forfeit an immediately due and payable penalty of €25,000 per breach, without prejudice to the right of Creative Journeys to claim full compensation for damages. In addition, the client shall reimburse the reasonable costs incurred by Creative Journeys in enforcing its rights, including extrajudicial collection costs and reasonable attorneys' fees, insofar as mandatory law does not preclude such recovery. Creative Journeys shall be entitled to terminate the agreement with immediate effect in the event of a breach.

Article 20. Applicable law and disputes

Dutch law shall exclusively apply to any legal relationship between Creative Journeys and the client and/or third parties. The beforementioned also applies in the event that the agreement might be executed fully or partly in another country or in the event that the relevant party is residing in a different country. The applicability of the Vienna Sales Convention, and any other international laws and regulations are expressly excluded.
Only the judge in the place of establishment of Creative Journeys has exclusive competent jurisdiction to reside in any matter regarding this agreement and/or any other legal matter between parties, unless prescribed otherwise by law. Creative Journeys shall retain the right to bring the dispute before any other by the law defined competent court.
Parties shall at all times appeal to the courts but only after they have provided as much effort as possible to resolve a dispute outside of court.

Article 21. Privacy

Creative Journeys respects the privacy of the client. The privacy policy of Creative Journeys can be found on the website of Creative Journeys and can be consulted via https://www.creativejourneys.com/privacy-policy/. The client agrees to the collection and processing of its personal data.