Terms and Conditions
CIOP.Academy B.V. has its registered office in Alkmaar, Rembrandtstraat 17, 1816 CE, the Netherlands.
Article 1. Applicability:
1.1 Any legal relationship between us and the other party is exclusively governed by these terms and conditions, on the understanding that where there is a subdivision of an article paragraph into sub 1 and sub 2, sub 1, applies to a natural person who is not acting in the exercise of a profession or business and sub 2 to other counterparties.
1.2 Any deviating conditions that are used by the other party
1.3 Are only binding on us if and insofar as we have agreed to this in writing.
1.4 Also Incidentally, deviations from these terms and conditions must be expressly agreed with us in writing.
1.5 If we have agreed in writing to the applicability of deviating conditions, even if not expressly stated, the present conditions shall otherwise remain in force.
1.6 The other party cannot derive any rights for the future from any agreed deviations from these terms and conditions.
Article 2. Offers:
A written offer from us is open for written acceptance during the period specified therein.
Article 3. Agreements:
3.1 Agreements are first concluded by written confirmation of an assignment on our part, which order can be provided by the other party by written acceptance within the specified period of an offer issued by us or by registration via a registration form provided by us.
3.2 The order confirmation is deemed to accurately and completely reflect the agreement.
Article 4. Cancellations by the other party:
4.1 If an agreement has been concluded with one or more counterparties with regard to the organization by us of an education, training, course or the provision of information for a number of employees of one specific company/specific companies and the other party(s), after placing and accepting the order, wishes to cancel it, for whatever reason, then we have the right at our discretion either to oblige the other party(s) to fully comply with the agreement, or to accept the cancellation under the condition that the other party(s) within a period to be set by us an amount as fixed compensation. pay/pay, equal to 20% of the amount of the order.
4.2 If an individual student wishes to cancel his registration, this must be done in writing. In case of cancellation of the registration up to four weeks before the start of the course, no costs will be charged, in case of cancellation of the registration up to two weeks before the start of the course, 50% of the course costs must be paid, but in case of cancellation at a later date, the full course costs are due.
4.3 If the other party ceases participation in an education, training or course organized by us in the meantime, it will continue to owe full costs, so that it cannot claim a refund of payments made. In the event of an interim cessation of participation, the other party is only entitled to have another person who meets the required qualifications take her place.
Article 5. Cancellation on our part:
We are entitled, in case of insufficient registration for a course, which is open to the participation of individual employees, to cancel the course.
Article 6. Praise:
6.1 Unless otherwise agreed, the other party is in addition to the agreed price in respect of the education, training or course organized by us, no reimbursement of the costs for books and materials is due.
6.2 The prices quoted are based on the cost-determining factors at the time of the offer. We reserve the right to pass on to the other party any changes in those cost-determining factors that occur after the expiry of a period of three months after the conclusion of the agreement.
6.3 Costs of additions and/or changes to the assignment or agreement are at the expense of the other party.
6.4 The price does not include sales tax.
Article 7. Execution of the agreement:
7.1 If, on behalf of one or more counterparty(s), we organise and carry out an education, training or course intended for their company, we will take the specific wishes of our counterparty(s) into account as much as possible in the fulfillment of our assignment. The agreement will be executed by us at the time agreed between the parties.
7.2 If we organize education, training and courses, Where participation is free to individual counterparties, we are completely free in the way in which we implement the agreement. In the schedule of each education, training and course provided to the other party, the duration and lesson times of the education, training and course are specified.
7.3 If the other party, who participates in a training organized by us, training or course, harms our interests or the interests of other participants, we are entitled the other party to further participation in the education, training or course. Exclusion does not affect the other party’s obligation to pay the full agreed amount and therefore does not entitle him to a refund of any amount.
Article 8. Promotion:
We are entitled to use the logo and name of the other party for promotional purposes in presentation material and on the website, unless the other party indicates in writing that it does not want this or the other party indicates that it has additional requirements for this.
Article 9. Intellectual:
9.1 All intellectual property rights with regard to the services or goods provided by us remain exclusively with us at all times, regardless of whether the aforementioned rights arise from or have arisen in the context of an assignment. The other party is prohibited, without our prior written consent, from disclosing, copying, using, imitating, imitating, in whole or in part, issuing or trading to third parties or otherwise infringe our rights, either directly or indirectly. The other party is liable for damage that we suffer and/or will suffer as a result of violation of the above described in this article prohibition.
9.2 Even if we organize education, training and courses specifically intended for these other party(s) on behalf of one or more counterparty(s), we reserve the right to use the material developed for this purpose, whether or not in modified form, for other purposes, unless otherwise agreed in writing between the parties.
Article 10. Advertisements:
10.1 Any complaints must be made in writing, within fourteen days of the presentation being made. The other party, who has not properly examined the performance for its validity within fourteen days of receipt thereof, is deemed to have approved the performance.
10.2 Any complaints regarding the invoices sent by us must be submitted within eight days of the invoice date. The other party, which has not submitted a complaint within this period, is deemed to agree with the invoice.
Article 11. Non-attributable non-compliance:
11.1 Non-attributable failure to fulfil obligations is understood to mean: Any circumstance independent of the will of the parties or unforeseeable, as a result of which performance of the agreement can no longer reasonably be required of us by the other party.
11.2 “Non-attributable non-compliance” shall in any case include: Strike, excessive absenteeism of our staff, transport difficulties, fire, government measures, including at least import and export bans, quotas and operational disruptions at our premises suppliers, involuntary malfunctions or obstacles that make the execution of the agreement more costly and/or burdensome, such as storm damage and/or other natural disasters, as well as attributable non-compliance by our suppliers, as a result of which we can no longer fulfil our obligations towards the other party.
11.3 If a situation of non-attributable non-performance occurs, we are entitled to suspend the execution of the agreement or to permanently dissolve the agreement.
11.4 We are entitled to claim payment for the services provided during the execution of the contract in question have been performed before the circumstance constituting non-attributable non-performance has become apparent.
11.5 We also have the right to invoke non-attributable non-compliance if the circumstance that constitutes the non-attributable non-performance occurs after our performance should have been delivered.
Article 12. Liability:
12.1 Except, by proving to the other party, intent or gross negligence on our part or on the part of Our subordinates we are not liable for any damage, in any form whatsoever, and, either directly or indirectly, that could result from the performance of the agreement by us.
12.2 The other party is liable for all damage resulting from loss, theft, fire or damage to our goods, tools and materials, as soon as they are at work, insofar as this is not due to our gross negligence or serious negligence.
12.3 In the unlikely event that we are obliged to pay compensation for damage, this compensation will never exceed the invoice price of the service in question.
Article 13. Payment:
13.1 Unless otherwise agreed in writing, payment must be made within thirty days of the invoice date by transfer to a bank account designated by us or, in the case of education, training or courses for which participants can register individually, no later than seven days before the start of the relevant education, training or course.
13.2 Payments must be made in the currency in which the agreed prices are expressed.
13.3 Any payment by the other party is primarily intended to pay the interest owed by it as well as the judicial and extrajudicial costs, as stipulated in the following articles and is then deducted from the oldest outstanding claim.
13.4 The other party will be in default by only expiring the aforementioned period of thirty days after the invoice date; notice of default is not to that effect
Article 14. Interest:
14.1 If a loan is approved for more than thirty days, or this is wrongly taken, the other party owes interest on the invoice amount from the invoice date.
14.2 This interest is 1% per month. At the end of each year, the amount on which interest is calculated shall be increased by the interest due for that year.
Article 15. Cost:
15.1 All judicial and extrajudicial costs that we have to incur in connection with non-performance / shortcoming of the other party are for its account.
15.2 Extrajudicial collection costs are owed by the other party in each case, in which we have insured ourselves for the recovery of the assistance of a third party. They amount to 15% of the principal amount with a minimum of € 125,-.
Article 16. Applicable law:
All agreements between us and the other party will only be governed by Dutch law.
Article 17. Competent court:
All disputes that may arise between us and the other party in connection with any legal relationship falling under the scope of these terms and conditions, when falling within the competence of a District Court, will in the first instance be adjudicated exclusively by the District Court in Amsterdam.
However, if the other party is a private person, the latter has the right to choose to settle the dispute before the competent court according to the law within the period of one month after we have invoked the present clause in writing against it.