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Terms of delivery
The Dutch Ministry of Finance is preparing a change in the regulations concerning VAT in relation to education and training. These expected changes can possibly result in an increase of prices of our courses and trainings. At the time of going to press of our programme the final legislation concerning the VAT was not known to us, the result being that at this moment we are not able to communicate possible new prices.
The Schouten & Nelissen Groep herewith reserves all rights to adjust its prices to any change in legislation concerning VAT in relation to education and training.
Article 1
Applicability
1.1 These terms and conditions shall apply to all agreements between SNR Services B.V., trading as Schouten & Nelissen Groep (hereinafter referred to as Supplier) and clients concerning participation or orders for the organisation of courses, training programmes and other forms of education, or the provision of advice in the broadest sense, (hereinafter referred to as the Course).
1.2 Stipulations varying from these terms and conditions shall be binding only if and insofar as they have been confirmed in writing by Supplier.
1.3 The following definitions obtain in these General Terms & Conditions:
§ Personal target definition interview: An interview in which the learning objectives of the training programme are harmonised with the learning wishes of the participant. An interview of this kind is part of the training programme and a prerequisite for participation.
§ Commencement of the Course:
The personal target definition interview.
§ Cancellation: Termination of the order for a Course or postponement of its commencement.
1.4 The client’s General Purchasing Terms & Conditions do not apply unless accepted by Supplier in writing.
Article 2
Formation of the agreement
An agreement between Supplier and the client is concluded by the client’s signing of the relevant application or registration form, through written confirmation signed by Supplier and the client, or through written confirmation by Supplier of the client’s application or order sent by e-mail.
Article 3
Cancellation or postponement by the client
3.1 The client is entitled to cancel participation in a Course or a Course order by a letter sent by registered mail.
3.2 Cancellation by the client of the order may take place free of charge up to four weeks prior to the first day of the Course.
3.3 The client shall pay 100% of the Course fees for cancellations later than four weeks prior to the first day of the course.
3.4 If the client or the participant designated by the client prematurely terminates the participation after commencement of the Course or fails to participate in the course in any other way, the client shall not be entitled to any refund.
3.5 The target definition interview may be rescheduled free of charge up to two working days prior to its commencement. For postponement within two working days before commencement of the interview a sum of EUR 195 exclusive of VAT will be charged. If the participant fails to attend the interview, a sum of EUR 195 will also be charged.
Article 4
Cancellation by Supplier
Supplier is entitled to cancel the Course or refuse participation by a client or a participant designated by the client, in which case the client is entitled to reimbursement of the entire sum paid by the client to Supplier.
Article 5
Replacement
The client or the participant designated by the client may, after consultation, allow another designated participant instead of the registered participant to participate in the Course, provided the replacement is reported to Supplier within 24 hours after cancellation of the original participant, and on condition that a personal interview can still be scheduled. Replacement after commencement of the Course is not permitted.
This provision shall not affect Supplier’s rights in accordance with Article 4.
Article 6
Fees
Fees are non-binding, unless recorded in a written agreement, as referred to in Article 2.
Article 7
Payment
7.1 Supplier shall charge the fees owed by the client by means of an invoice. The client shall pay the course fees one month prior to commencement of the course, but not later than ten days after invoicing, in the manner indicated by Supplier, without postponement or set-off due to an (alleged) default by Supplier, unless expressly agreed otherwise.
7.2 Travelling and accommodation expenses, as well as costs of mandatory literature relating to course participation are not included in the Course fees, unless expressly agreed otherwise in writing.
7.3 Failing payment within the agreed period, the client is in default de jure. From the due date Supplier shall at all times be entitled to charge the statutory interest rate. If timely payment does not take place, Supplier shall be entitled to suspend the execution of the order immediately.
7.4 The client shall, after overdue payment, pay to Supplier all judicial and extrajudicial collection cost reasonably incurred, including collection agency fees, as well as any costs reasonably incurred and the fees of bailiffs and lawyers, also if such costs exceed the costs awarded in proceedings. Extrajudicial collection costs shall amount to at least 15% of the amount owed by the client, to a minimum of EUR 113, exclusive of VAT.
Article 8
Suspension and dissolution
Supplier is entitled to refuse the right of participation of the client or the participant designated by the client or suspend execution of the order, if the client has not fulfilled the obligation to pay in time, without prejudice to the provisions of Article 7.
Article 9
Copyright
9.1 Copyright on the brochures published by Supplier and course materials rests with Supplier, unless a different copyright owner is indicated in the material itself. No data from parts of, or extracts from, any materials shall be published or multiplied in any way whatsoever by the client without Supplier’s express written permission.
9.2 Copyright on reports, proposals and other documents arising from Supplier’s work shall exclusively rest with Supplier.
Article 10
Personnel takeovers
Supplier’s employees shall, for the duration of their employment and for two years after termination of their employment, be bound to a non-competition clause, implying that they shall execute no work for Supplier’s business contacts. On the basis of this provision the client is not free, during the aforementioned period, to employ Supplier’s former employees or use their services in any other way. This also applies to the situation in which the former employee is employed by a third party.
Article 11
Liability
11.1 Supplier shall make efforts to execute the orders to the best of its ability and judgement and in accordance with the General Terms & Conditions of the Vereniging van Trainings- en Opleidingsinstituten in Nederland (VETRON) [association of training and educational institutes in the Netherlands] to the best of its ability and knowledge.
11.2 Supplier accepts no liability vis-à-vis the client for any damage except if Supplier’s liability insurance covers such damage and the insurer decides to proceed with the payout.
11.3 For cases falling outside the provision of paragraph 2, liability is limited to the amount charged for the performance that caused the damage, or, in case of a continuing contract, to the invoice amount for a period of 6 (six) months. In no case shall compensation exceed EUR 11,344.
11.4 Supplier shall in no case be held liable for indirect damage, including consequential damage, lost profit or loss due to business stagnation.
11.5 Supplier shall not be held liable if the client has the possibility, in the matter of the cause of the damage, to claim damages directly from its insurance company or third parties.
Article 12
Applicable law and competent court
Dutch law shall apply to every agreement between Supplier and a client. Disputes arising from agreements to which these General Terms & Conditions apply shall be submitted to the competent court at Den Bosch.
For more information
call a program advisor
on +31 418 688 666
