General terms and conditions

Training centre Crescendo B.V.
Neutronweg 1, 1627 LG, Hoorn
Website:	www.traincrescendo.nl
E-mail:	info@traincrescendo.nl
Phone:	06 15639897
IBAN:	NL45 RABO 0307 9759 91
BIC:	RABONL2U
BTW:	NL.8558.04.920.B01
Chamber of Commerce:	64730646

 

GENERAL TERMS AND CONDITIONS OF

TRAINING CENTRE CRESCENDO BV

 

Article 1 Applicability

1. These terms and conditions apply to all agreements with Trainingscentrum Crescendo BV concerning participation in training activities such as courses, modules, courses and trainings.
2. Deviations from these terms and conditions are only binding if and insofar as they are confirmed in writing by Training Centre Crescendo BV.

 

Article 2 Conclusion of the agreement

1. A quotation issued by Training Centre Crescendo BV is valid for 3 months from its date unless otherwise stated in the said quotation.
2. The agreement between Trainingscentrum Crescendo BV and the customer is established by the written or oral registration by the customer and a written confirmation of this registration, including the invoice, signed by Trainingscentrum Crescendo BV.
3. When registering, the customer declares to know and accept the general terms and conditions of participation of Training Centre Crescendo BV. These terms and conditions govern the legal relationship between Trainingscentrum Crescendo BV and the customer, unless expressly agreed otherwise in writing.
4. A principal as referred to in paragraph 1 may also be an authorised representative of the principal for the purpose.
5. When registering a participant, if applicable, a choice can be made between registering under one's own name or under the name of one's spouse or registered partner. These details will be used for any diploma or certificate to be awarded.

 

Article 3 Cancellation by the client

1. The client for a training activity has the right to cancel participation in, or the assignment for, a training activity.
2. Cancellations can only be made in writing or by e-mail. Telephone cancellations must always be confirmed in writing by the client. Upon receipt of a cancellation, Training Centre Crescendo BV will always send a confirmation of the cancellation and a description of the associated consequences.
3. In case of cancellation 7 to 4 days before the start of the training activity concerned, Training Centre Crescendo BV will invoice the amount of 25 % of the order. If cancelled up to one day before the start date, the training centre will invoice 50% of the order, thereafter 100%.
4. The reason for cancellation is irrelevant in all cases. The cancellation date used is the date of the postmark or fax sent, i.e. the date on which the written cancellation was sent.

 

Article 4 Cancellation, postponement and refusal by Trainingscentrum Crescendo BV

1. Trainingscentrum Crescendo BV has the right to cancel or postpone an activity up to five working days before the first performance date if Trainingscentrum Crescendo BV considers there is sufficient reason to do so. Trainingscentrum Crescendo BV does not accept any liability for any damage caused by cancellation or postponement. In the event of cancellation, any participant fee already paid will be refunded in full by Trainingscentrum Crescendo BV.
2. Should Trainingscentrum Crescendo BV consider there to be sufficient reason to do so, Trainingscentrum Crescendo BV may decide to have all or part of an activity take place at a different place and/or date than originally communicated.
3. When changing the date of an activity, the client does not owe any amount if the changed date is not convenient. In that case, the client may cancel the activity free of charge.
4. Trainingscentrum Crescendo BV has the right to refuse a participant for reasons of its own. In this case, the customer is entitled to a refund of the full amount paid by them to Trainingscentrum Crescendo BV.
5. In case of non-payment, Trainingscentrum Crescendo BV has the right to exclude the client from future participation in activities of Trainingscentrum Crescendo BV.
6. Training Centre Crescendo BV reserves the right to deny a client access to an activity if they display behaviour that has a clear negative impact on the learning process of the other participants. Training Centre Crescendo BV will contact this client in advance if they are in such default that exclusion from participation is imminent.

 

Article 5 Execution of the agreement

1. By entering into an agreement, Trainingscentrum Crescendo BV undertakes to use its best judgment and ability to carry out the order in accordance with the requirements of good workmanship.
2. If and insofar as the proper execution of the agreement so requires, Training Centre Crescendo BV has the right to have certain work performed by a third party.
3. The customer shall ensure that all data which Trainingscentrum Crescendo BV indicates to be necessary or which the customer should reasonably understand to be necessary for the execution of the agreement are provided to Trainingscentrum Crescendo BV in a timely manner.

 

Article 6 Contract duration, performance period

1. The agreement is entered into for a definite time of the activities as announced in information material on the internet, leaflet and brochures etc. and confirmed in writing unless the parties expressly agree otherwise in writing.
2. If a date is agreed within the term of the agreement for the completion of certain work, this shall never be a deadline. If the deadline is exceeded, the customer must therefore give Trainingscentrum Crescendo BV written notice of default.

 

Article 7 Modification of the agreement

1. If, during the execution of the agreement, it appears that for a proper execution it is necessary to change or supplement the work to be done, the parties will timely and in mutual consultation adjust the agreement accordingly.
2. If the parties agree that the agreement will be amended or supplemented, the time of execution may be affected as a result. Training centre Crescendo BV will inform the customer of this as soon as possible.
3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, Training Centre Crescendo BV will inform the customer in advance.
4. Notwithstanding paragraph 3, Training Centre Crescendo BV will not charge additional costs if the amendment or supplement is the result of circumstances attributable to it.

 

Article 8 Interim termination by the client

1. In case the client terminates participation after the start of the training activity or otherwise does not participate in the course, the client shall owe payment of the full costs. There is no right to any refund or remission.
2. Interim termination of the course must be notified in writing. No longer attending classes is not regarded as cancellation.

 

Article 9 Prices and invoicing

1. Unless otherwise stated, agreements with Trainingscentrum Crescendo BV include a fixed fee as announced in information material on the internet, leaflets and brochures etc. and included in the confirmation and invoices.
2. All prices quoted in the quotation are exclusive of sales tax unless otherwise indicated.
3. Prices are binding.
4. Prices, unless otherwise indicated, include examination fees and cost of study materials.
5. The cost of an activity will be invoiced in advance upon confirmation of registration. The client shall pay the course fee due no later than fourteen days after the invoice date in the manner indicated by Training Centre Crescendo BV.
6. In the event of non-payment, a reminder to pay the amount within 7 days will follow. If the customer does not meet the payment obligation in time, Trainingscentrum Crescendo BV reserves the right to exclude the customer from participating in the training activity and/or examinations. The client remains liable for their payment obligation at all times. In the event of non-payment or late payment, the customer shall owe statutory interest on the outstanding amount, including any VAT to be calculated.
7. The customer must pay in the agreed currency without deduction and without suspension due to an actual or alleged shortcoming on the part of Trainingscentrum Crescendo BV, without prejudice to the customer's possible right to compensation in this regard.
8. Spread payment is only possible with a positive decision on a written request to this effect. Such a request can be submitted to the administration of Training Centre Crescendo BV.

 

Article 10 Collection costs

If payment is not made on time, Trainingscentrum Crescendo BV is free to outsource the claim for collection. In that case, all costs, both judicial and extrajudicial, shall be borne by the customer. This will always include the costs of debt collection agencies, as well as the costs of bailiffs' and lawyers' fees, even if these exceed the legal costs to be awarded. In any event, an amount equal to 10% of the amount due shall be due for extrajudicial collection costs in the event of late payment.

 

Article 11 Confidentiality

Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of the agreement. Information is considered confidential if this has been communicated by the other party or results from the nature of the information.

 

Article 12 Intellectual property

1. Training Centre Crescendo BV reserves its rights and powers under the Copyright Act.
2. All documents (reports, advice, course material, software, etc.) provided by Trainingscentrum Crescendo BV are intended solely for the use of the customer and may not be reproduced, made public or brought to the notice of third parties by the customer without the prior consent of Trainingscentrum Crescendo BV.
3. Trainingscentrum Crescendo BV also reserves the right to use the knowledge gained by carrying out work for other purposes, provided that no confidential information is disclosed to third parties.

 

Article 13 Complaint periods

1. Complaints about the work carried out and/or services provided must be reported in writing by the customer to Trainingscentrum Crescendo BV no later than 30 days after completion of the work concerned.
2. If a complaint is well-founded, Trainingscentrum Crescendo BV will still perform the work as agreed, unless this has since become demonstrably pointless for the customer. The customer must make this known in writing.
3. If the subsequent performance of the agreed service is no longer possible or useful, Training Centre Crescendo BV will only be liable within the limits of article 14.
4. You will receive a response to your complaint within 4 days and Training Centre Crescendo BV will ensure that the complaint is dealt with within 15 days.

 

Article 14 Liability

If Training Centre Crescendo BV is liable, such liability is limited as follows:

1. The liability of Trainingscentrum Crescendo BV, insofar as it is covered by its liability insurance, is limited to the amount paid out by the insurer. If in any case the insurer does not pay out or if damages are not covered by the insurance, the liability of Trainingscentrum Crescendo BV is limited to twice the invoice value of the order, or at least that part of the order to which the liability relates.
2. Notwithstanding the provisions of paragraph 1 of this article above, in the case of an assignment with a duration of more than six months, the liability shall be further limited to the part of the fee payable over the last six months.
3. The limitations of liability set out in these conditions do not apply if the damage is due to demonstrable intent or gross negligence on the part of Trainingscentrum Crescendo BV or its subordinates.
4. Training Centre Crescendo BV is never liable for consequential damage.

 

Article 15 Other provisions

1. Terms and conditions that differ from these General Terms and Conditions shall be set out in writing.
2. Disputes are initially submitted to an independent mediator.
3. If mediation by a mediator does not result in the resolution or settlement of the dispute, the dispute will be settled by the competent court in the area where Training Centre Crescendo BV is located.
4. Agreements between Trainingscentrum Crescendo BV and the customer are governed exclusively by Dutch law.
5. The last filed version or the version valid at the time the present assignment was concluded shall always apply.