General sales and delivery conditions of Learn It B.V.
Below are the terms and conditions that relate to services taken from Learn it B.V. and Yourwebinar (part of Learnit B.V.). The full terms and conditions have been filed with the Amsterdam Chamber of Commerce under number 02053319.
Contractor: The user of the terms and conditions.
Client: The other party of user.
Agreement: the Agreement on services.
Article 1 General
1. These conditions shall apply to any offer, offer and agreement between Learn it B.V. and /or Yourwebinar, hereinafter referred to as "Contractor", and a Client to which The Contractor has declared these conditions applicable, provided that these terms have not been expressly and in writing deviated from by the parties.
2. The present conditions shall also apply to acts of third parties engaged by the contractor in the framework of the contract. Contractor. These general terms and conditions are also written for the employees of the contractor and his management.
3. The applicability of any purchase or other terms and conditions of the client is expressly rejected.
4. If one or more of the provisions in these general terms and conditions at any time are wholly or partially null and void or may be destroyed, the latter shall remain fully applicable in these general terms and conditions. The contractor and the principal shall then consult in order to agree on new provisions to replace the void or annulled provisions, while respecting as much as possible the purpose and scope of the original provisions is taken.
5. If there is any ambiguity as to the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place ' in the spirit ' of these provisions.
6. If there is a situation between the parties which is not regulated in these general conditions, then this situation should be assessed according to the spirit of these general conditions.
7. If the contractor does not always require strict observance of these conditions, this does not mean that the provisions thereof do not apply, or that the contractor would lose to any extent the right to in other cases the punctual observance of the Requirements of these conditions.
Article 2. Implementation of the Agreement
1. The registration for a training / hire of a classroom/ books webinar with the contractor is achieved by the signing of the tender form or tender agreement provided by the contractor.
2. User shall perform the agreement to best understanding and ability and in accordance with the requirements of good workmanship. On the basis of the current state of science.
3. If and in so far as the proper execution of the agreement so requires, user has the right to have certain activities performed by third parties.
4. User shall not be liable for damage, of any nature whatsoever, by user having gone out of incorrect and/or incomplete data provided by the client, unless such inaccuracy or incompleteness has been known to the user.
5. If user or user-enabled third parties are carried out under the contract work at the location of the client or a location designated by the client, the client shall, free of charge, take care of the Employees reasonably desired facilities.
6. The client shall indemnify the user against any claims made by third parties who suffer damage in connection with the execution of the contract and which is attributable to the client.
7. The client shall ensure that all data, of which the contractor indicates that they are necessary or whose principal is reasonably to understand that they are necessary for the performance of the contract, is timely Be provided by the contractor. If the information required for the implementation of the Agreement is not provided to the contractor in good time, the contractor shall have the right to suspend the execution of the Agreement and/or the additional costs resulting from the delay in accordance with the Charges to the client. The execution period shall not commence until the client has made the information available to the contractor. The Contractor shall not be liable for damages of any nature whatsoever, as the contractor has assumed incorrect and/or incomplete data provided by the client.
8. If the client fails to comply with the proper fulfilment of what he is held against the contractor, the principal shall be liable for all damages on the part of the contractor resulting directly or indirectly.
9. If the contractor agrees to a fixed fee or fixed price with the client, the contractor shall nevertheless be entitled at any time to increase this fee or price without the client being entitled in that case to Agreement for that reason, if the increase in the price derives from a power or obligation under the laws or regulations or its cause finds in an increase in the price of commodities, wages et cetera or on other grounds that The agreement was not reasonably foreseeable.
Article 3 suspension, dissolution and interim termination of the agreement
1. The contractor shall be entitled to suspend the fulfilment of the obligations or to dissolve the agreement if the client fails to comply with the obligations of the Agreement, not in full or in a timely manner, after concluding the contract with the contractor Give good ground to the knowledge of circumstances to fear that the client will not fulfil the obligations, if the client is requested to provide security for the fulfilment of his obligations under the agreement at the conclusion of the contract; Agreement and this security remains or is insufficient or if the delay on the part of the client no longer allows the contractor to comply with the agreement against the originally agreed conditions.
2. Furthermore, the contractor shall have the power to dissolve the agreement if circumstances arise which are such that fulfilment of the agreement is impossible or if otherwise circumstances arise that are such that Unaltered maintenance of the agreement may not reasonably be taken by the contractor.
3. If the contract is dissolved, the claims of the supplier on the client are immediately payable. If the contractor suspends the fulfilment of the obligations, he shall retain his claims from the law and agreement.
4. If the contractor proceeds to suspend or dissolve, he shall in no way be obliged to compensate for damages and costs resulting in any way.
5. If the termination is attributable to the client, the contractor is entitled to compensation for the damage, including the costs, resulting directly and indirectly.
6. If the client fails to comply with the obligations arising from the agreement and justifies such breach, the supplier is entitled to terminate the agreement immediately and with immediate effect without any Obligation its part to pay any compensation or compensation, while the client is obliged, under the default, for damages or compensation.
7. If the contract is terminated by the contractor, the Contractor shall, in agreement with the client, arrange for the transfer of work to be carried out to third parties. This unless the termination is attributable to the principal. If the transfer of the work for the contractor entails additional costs, they will be charged to the client. The client is obliged to pay these costs within the aforementioned period, unless the contractor indicates otherwise.
8. In case of liquidation, of (application for) suspension of payment or bankruptcy, of seizure-if and insofar as the seizure has not been lifted within three months-charged to the principal, of debt remediation or any other circumstance whereby the client is no longer free to dispose of his assets, the contractor is free to terminate the agreement immediately and with immediate effect, or to cancel the order or agreement, without any obligation its part to Payment of any compensation or compensation. The claims of the contractor on the client in that case are immediately payable.
9. If the client cancels a placed order in whole or in part, the work carried out and the goods ordered or directionsed shall be increased by the possible delivery costs thereof and the The execution of the agreement reserved for working hours, shall be charged in full to the client.
10. All courses are held subject to sufficient participation, the contractor reserves the right to change the location. The student/client has the right to cancel at no cost if another location does not arrange him/her.
11. If the course is cancelled by the client up to 14 days before the start of the course, the client will be charged 50% of the course fee. In case of cancellation 14 days or shorter before starting the course the entire course money owes.
12. It is possible to follow the course on another date under special conditions. This can be done free of charge up to three weeks before the start of the course, after that it will cost an additional 25% of the course fee. If the course is rescheduled within 7 days before the start of the course, 75% of the course fee will be charged.
Article 4 payment
1. All invoiced amounts must be paid within 14 days after the invoice date. In the absence of payment, the contractor is entitled to refuse access to the course or to carry out the assignment.
2. If the client fails to pay within the period of 14 days, the client is legally in default. The client shall then owe an interest of 1% per month, unless the statutory interest is higher in which case the statutory interest applies. The interest on the due amount will be calculated from the moment that the client is in default until the moment of payment of the full amount.
3. In the event of liquidation, bankruptcy, seizure or moratorium of payment of the client, the claims of user on the client are immediately payable.
4. If payment is made after 7 days, the client owes a surcharge of 2%, unless the parties agree otherwise in writing.
Article 5 retention of title
1. All user-supplied goods, including any co-designs, sketches, drawings, films, software, (electronic) files, etc., remain the property of user until the client fulfils all the following obligations User has been kept closed.
Article 6 collection costs
1. If the client is in default or in default in the (timely) fulfilment of his obligations, then all reasonable costs for obtaining satisfaction outside of the law shall be borne by the client. In any event, the client owes collection costs in the event of a cash claim. The collection costs are calculated in accordance with the collection rate as advised by the Dutch Bar Association in collection cases.
Article 7 Research, advertisements
1. Complaints about the work performed must be reported to user by the client within 8 days after discovery, but not later than 14 days after completion of the work in question. The notice of default must contain as detailed a description as possible of the shortcoming, so that user is able to respond adequately.
Article 8 safeguards
1. The client shall not disclose to the customer any claims by third parties relating to intellectual property rights on materials or data provided by the client, which are used in the performance of the agreement.
2. If the client provides user with information carriers, electronic files or software, etc., the client warrants that this does not infringe any third party's rights of ownership or copyright, and that the information carriers, Electronic files or software are free of viruses and defects.
Article 9. Non-acquisition staff
1. The client shall, during the term of the agreement and one year after termination thereof, in no way, except after good business consultations have taken place with the user, employees of user or of undertakings on which User has invoked the application of this agreement and who has been involved in the performance of the contract, engage in, or otherwise, directly or indirectly, make work for himself.
Article 10. Liability and indemnification
1. If the contractor is liable, then this liability is limited to what is regulated in this provision.
2. The contractor shall not be liable for damages of any nature whatsoever arising from the fact that the contractor has assumed incorrect and/or incomplete data provided by or on behalf of the client.
3. If the contractor is liable for any damages, the liability of the contractor is limited to a maximum of once the invoice value of the order, at least to that part of the order to which the liability relates .
4. The liability of the Contractor shall in any case always be limited to the amount of the payment of his insurer, where appropriate.
5. The contractor is solely liable for direct damage.
6. The Contractor shall not be liable for the non-or only partial functioning of the Internet network, as well as for technical failures which temporarily do not show the video films of the client.
7. The contractor shall not be liable if the necessary software can not be installed, as well as if the program contains any virus or program error, even if the program works or has worked on other computers.
8. The contractor shall not be liable where a defect has arisen as a result of improper or improper use or where, without the written consent of the contractor, the client or third parties have made changes or Attempt to make the case or have used it for purposes for which the case is not intended.
9. The Contractor shall not be liable where a defect has arisen as a result of production by a third party. Liability is then limited by the warranty provided by the manufacturer of the case.
10. Direct damage shall be understood to mean only reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to Faulty performance of the contractor to the agreement, for as much as may be imputed to the contractor and reasonable costs incurred for the avoidance or limitation of damages, provided the client demonstrates that such Costs have led to the limitation of direct damage as referred to in these general terms and conditions. The Contractor shall never be liable for indirect damages, including consequential damages, lost profits, missed savings and damage from company stagnation.
11. The limitations of liability contained in this article shall not apply if the damage is attributable to intentional or gross negligence on the part of the contractor or his managerial subordinates.
Article 11 Special conditions relating to rental
1. In the case of rental of goods, the Contractor shall not be liable for the (resulting) damage in the non-functioning of equipment.
2. The contractor shall not be liable for any consequential damages in the event of failure to operate if the necessary hardware and software for technical reasons or any programming errors of the manufacturer partially or completely does not function.
3. The contractor shall not be liable for consequential damages if the necessary software cannot be installed, and if the program contains any virus or program error, even if the program is working on other computers or has Worked.
4. The contractor assumes that the necessary hardware and software of a supplier is functioning in the case quo manufacturer.
5. The contractor shall not be liable for any damage resulting from standstill, malfunction or dysfunction of the rented or part (s) thereof, or damage caused by services provided by the contractor to the staff, except in Intent or gross negligence on the Executive Board. Any claims in this respect will be (co-) assessed by the underwriter (s) of the contractor.
6. The rental prices are exclusive of VAT and insurance costs, based on cash payment excluding operation, transport, setup and connection and off the warehouse, unless otherwise agreed by the parties.
7. Tenant is liable for any damage to the leased property that occurs during the rental period by any cause whatsoever. If the rented or part (s) thereof are lost wholly or irreparably damaged by fault or negligence of the tenant, the tenant will owe to the contractor a sum equal to the acquisition cost of replacement equipment, As well as the cost of replacement.
Article 12. Force majeure
1. If a non-attributable shortcoming (force majeure) does not allow the contractor to comply with its obligations towards the client, the performance of those obligations shall be suspended for the duration of the overpower state. The Contractor shall inform the client as soon as possible of the state of overpower.
2. If the situation of overpower is to be the case, the two parties shall have the right to dissolve the agreement in whole or in part, as long as the overpower condition justifies it.
3. In the event of force majeure, the customer shall not be entitled to any (damage) compensation, even if the contractor has any advantage as a result of the force majeure.
4. Force majeure means any independent circumstance of the will of the contractor, which prevents the fulfilment of its obligations towards the client in whole or in part, or which causes the fulfilment of its obligations in Reasonableness may not be required of the contractor, irrespective of whether that circumstance was foreseeable at the time of the conclusion of the contract. These circumstances are also considered: war, disturbances, floods, fires, strikes, exclusions, blockades, riots, stagnation or other problems in the production of the contractor or its suppliers, problems with their own or by third parties Provided transport, devaluation, increase of import duties and/or excise duties and/or taxes, measures taken by any public authority, the absence of any government permit to obtain, accidents, sickness and computer malfunctions; All this at the contractor and at the location where the training takes place.
Article 13. Trainer's disease
1. In case of sickness and/or prevention of a trainer, the contractor shall, if possible, arrange for equivalent replacement within 48 hours.
2. If replacement is not possible within the stipulated time limit, the contractor shall inform the client within 24 hours and article 12 shall apply.
3. If the contractor takes care within 48 hours for equivalent substitution, article 12 shall not apply and the client shall not be entitled to claim compensation for damages, interest and costs and/or reduction of the agreed remuneration.
Article 14. Transit Guarantee
A transit guarantee means that the course with guarantee of transit is guaranteed to continue from the scheduled start date preferably at the planned location. If only 1 participant is registered, there is a private course and the course will be shortened and the total price remains the same. The course is guaranteed to start on the scheduled start date.
The contractor reserves the right to move the course:
- To a location no further than three-quarters travel time from the original location
- By force majeure as for example a sick trainer
- By cancelling a student in a course with 3 or fewer participants.
A transit guarantee is only valid if it is stated in the booking confirmation. You cannot derive any rights from the warranty status on the site. This may prevent you from having booked a course without a transit guarantee. Then the course on the site is put on a transit guarantee. This warranty applies to the new registrations from that moment onwards.
Article 15 Applicable law
1. These terms and conditions, as well as the agreement, shall be governed by Dutch law.
2. The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
3. All disputes arising out of the agreement or these Terms and conditions shall be subject to the judgement of the competent court in Amsterdam, provided that the contractor is not otherwise required by law. . The right to make claims, whether or not at the same time, against the customer in other courts competent to take note of such claims.
Article 16 refund made available
1. If the contractor has made matters available to the principal in the execution of the contract, the principal shall be obliged to deliver the goods so delivered within 14 days after the end of the term of that posting, or after the first Request of the contractor, in its original condition, free of defects and to return it in full.
2. If the client fails to fulfil this obligation, all resulting costs shall be borne by him. 11.2. If, for any reason whatsoever, the client fails to continue to be in default with the letter under 1. The aforementioned obligation, the Contractor shall have the right to recover the resulting damage and costs, including the cost of replacement, on the client.
Article 17 location and modification of terms and conditions
1. These conditions are filed with the Chamber of Commerce
2. Applies always the last registered version or the version as it was applied at the time of the establishment of the legal relationship with the contractor.
3. The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.