General terms and conditions of delivery (v_20181011)
The terms and conditions of delivery stated below apply in full to training/courses and coaching services with Talent4NL.
Article 1: Definition of terms
In these terms and conditions the following capitalised terms have the following meanings:
Client: the person or entity with whom Talent4NL has entered into an agreement.
Training/course: standard group training/courses, online learning pathways, meetings as given in the course guide and on the website of Contractor, where participants can enrol on an individual basis in training/courses.
Coaching: individual coaching sessions.
Personal goal-setting interview: a conversation (face to face or by telephone) between Contractor and a potential participant in a Training/Course or coaching sessions in which the learning objectives of a training/course are matched to the learning wishes of the participant. This conversation is part of the Training/Course and is a condition of participation in that training or course.
Starting moment of the coaching: the first coaching session.
Starting moment of the assignment: the first invoicable performance of the assignment.
Cancelling/Shifting: the termination/shifting of the assignment for a training/course/coaching session or shifting of the starting moment of the assignment.
Parties: Client and Contractor jointly.
Article 2: Applicability
2.1 These terms and conditions apply to all contracts effected with Contractor. The applicability of the general terms and conditions of the Client, by whatever name, is hereby expressly rejected.
2.2 Deviations from these terms and conditions will only be binding if and to the extent they are agreed in writing between Parties.
Article 3: Formation of the contract
3.1 Training/course/coaching sessions
The contract between Contractor and Client for following a Training/Course or coaching sessions is concluded by filling in the digital registration form and agreeing with the general terms and conditions by the Client, or by the written confirmation validly signed by Contractor, or by written confirmation by Contractor to Client of his registration or assignment by telephone or per email.
3.2 Non-binding nature of offer
All quotations and offers of Contractor are not binding until a contract has been concluded by Parties on the matter of that offer.
Article 4: Performance of the contract
4.1 Contractor is entitled:
- to change the training/course programme or coaching sessions in the interim period, for reasons of improvement of quality;
- to change the planning of the training/course/coaching sessions as regards time and place;
- in the event of insufficient registrations, to cancel a training/course or not to accept new registrations for an existing training/course/coaching sessions. Enrolled participants receive notice of this, after which their obligations lapse and/or obligations that have already been met are refunded. Increase the group size in exceptional cases by no more than 2 participants.
4.2 In so far as offers submitted by Contractor are partly based on information that is provided by the Client, Client guarantees that to the best of his knowledge he provided all essential information for the design and performance of the offered activities. Contractor will perform the services to be provided by him to the best of his knowledge and ability, and in accordance with high standards. If in the performance it emerges that there are circumstances that require a modified approach, Contractor will, in consultation with Client – or vice versa – strive to adapt the original assignment. Both Client and Contractor are obliged to draw attention to this promptly and discuss and record in writing the consequences for the assignment and any (extra) costs.
Article 5: Cancellation or shifting by client
5.1 Cancellation of a Training/course by the Client
- In the event of cancellation of participation in a training/course less than 15 days before the start, the full training costs will be charged. In the event of cancellation of participation in training between 15 and 30 before the start, 50% of the training/coaching costs will be charged.
- It is possible to replace a client in the predetermined training/course or transfer to another training/course, a sum of €25 in administration costs will be charged.
- In the event that the client stops participating or does not or no longer take part in the training/course when the training starts or after it has started, the client is not entitled to a refund or transfer to a different training.
Article 5.2 Cancellation of Coaching by the Client
- The Client or the participant appointed by the Client can cancel coaching free of charge up to 7 days prior to the start of the coaching.
- In the event of cancellation or changes between 7 and 4 days prior to the start of the coaching, 50% of the quoted amount will be charged.
- In the event of cancellation or changes less than 4 working days prior to the start of the coaching, 100% of the quoted amount will be charged.
Article 6: Cancellation or change by Contractor
Contractor is entitled, without stating reasons, to cancel the training/course or to refuse participation of a Client or (substitute) participant designated by the Client, in which cases the Client is entitled to repayment of the full amount paid by Client to Contractor.
Article 7: Prices
Prices are non-binding unless included in a written agreement. The most up-to-date prices are given on the website www.talent4NL.com.
Article 8: Payment for training/course, coaching and assignments
8.1. Contractor will charge the fees payable by Client by means of an invoice. The Client must pay the fees owed within 14 days of invoice date, in the manner specified by contractor. For special actions such as last-minute offers, the fee owed must be paid before the commencement of the training/course or coaching.
8.2. The travel and package/accommodation costs as well as recommended literature in connection with participation in a training/course/coaching sessions or assignment are not included in the course price, unless expressly agreed otherwise in writing.
8.3. If the Client does not pay the invoice(s) sent by Contractor within the agreed period, he is in default de jure. From the due date, Contractor is always entitled to charge the statutory interest and the collection costs payable by Client.
8.4. If Client is in default as a result of late and/or incomplete payment, Contractor is entitled to refuse participation in the training/course/coaching sessions.
Article 9: Suspension and dissolution
Both parties can terminate the agreement in writing at any time. In that case the parties must observe a reasonable notice period.
Contractor is entitled to refuse participation of the Client in a training/course, coaching session, if the Client has not met his payment obligation on time, without prejudice to the provisions of article 12.
Article 10: Copyright
10.1 Models, techniques, instruments, including software, that are used for the performance of the work and are included in the result, are and remain the property of the Contractor. Publication may only take place after permission is obtained from the Contractor. Client is entitled to make multiple copies for use in his own organisation, in so far as this is appropriate within the objective of the assignment. The copyright to the brochures, project material and training and course material published by the Contractor is vested in Contractor, unless a different copyright owner to the work is indicated on the item itself.
10.2 Unless otherwise agreed in writing, copyright in all that arises from the activities of Contractor, including but not limited to proposals, reports, statistics, research, databases and other records and generated data, rests solely with the Contractor. Contractor also has the right to use, to the extent that no confidential information is disclosed to third parties, knowledge increased by the performance of activities for other purposes.
Article 11: Liability
11.1 Contractor makes every effort to perform the given assignments to the best of his knowledge and ability. Contractor thus guarantees the good quality of the performance of the activities.
11.2 Contractor will not accept any liability towards Client for damage other than damage covered by its liability insurance and to the extent that the insurer will pay should the need arise.
11.3 Any liability of Contractor for indirect damage, including consequential damage, loss of profits and damage due to business interruption, is expressly excluded.
11.4 Contractor will never be liable for damage that is the result of:
- any breach of the Client or of the participant(s) designated by Client in the performance of his/their obligations, including not rendering sufficient cooperation in the performance of the contract;
- incorrect and/or incomplete information from and/or information provided too late by the Client. The Client warrants the correctness and completeness of the information essential to the project.
- Contractor is not liable for possible consequential damage from the implementation in the organisation of Client or participant of examination projects produced by participant during the course, such as action plans, practical assignments and the like.
Article 12: Confidentiality
Both parties are obliged to keep secret all confidential information obtained from the other party or from another source within the framework of the agreement. Information will be considered to be confidential when it has been designated as such by the other party or when this ensues from the nature of the information.
Article 13: Complaints
Are you not satisfied with our services? Please contact us on firstname.lastname@example.org. Our complaints procedure can be found here.
Article 14: Applicable law and competent court
Every contract between Contractor and a Client is governed by Dutch law. Disputes arising from contracts to which these terms and conditions are applicable, will be settled by the competent court in Utrecht.