Allgemeine Geschäftsbedingungen von KwaRC
KwaRC: is the user of these terms and conditions.
Client: any natural or legal person that commissioned KwaRC to perform work. This also includes the participant in the course and / or training given by KwaRC.
Order confirmation: the confirmation drawn up by KwaRC of the order given by the client and / or of the client's registration for a course or training.
Agreement: the agreement between KwaRC and the client that has been established through the order confirmation
These terms and conditions apply to all agreements made with KwaRC. Any deviations from these general terms and conditions are only valid if they have been explicitly agreed in writing. If one or more of the provisions in these general terms and conditions are invalid or invalidated, the remaining provisions of these general terms and conditions remain fully applicable. KwaRC and the client will then enter into consultation in order to agree to new provisions to replace the invalid and / or invalidated provisions, taking into account as much as possible the purpose and scope of the original provision.
3. Registration and confirmation of training or course
You can register for a training or workshop in writing or by e-mail. KwaRC confirms a registration in writing or by e-mail.
Quotations from KwaRC for In-house training, individual training, or coaching are issued by e-mail or in writing and are valid for the duration indicated in the quotation.
KwaRC confirms an agreement for training / coaching in writing or by e-mail.
4. Execution of the agreement
KwaRC is entitled without giving reasons:
to change the schedule of the training / course regarding place and time;
to cancel a training / course if there are insufficient numbers of registrations, or to not accept new registrations for an existing training / course if a course is already sold-out. Registered participants will be notified of this, after which already paid course fees will be refunded;
to refuse client participation in a training / course due to non-compliance with his payment obligations and / or due to unacceptable behavior.
5. Costs and payment
The fees for a training / course
includes training materials
excludes travel and accommodation expenses
excludes VAT, unless it is a VAT exempt training / course
All prices are binding unless otherwise agreed in a written agreement and confirmed by KwaRC.
Payment must be received within 14 days after the date of the invoice date in the manner indicated by KwaRC (unless otherwise agreed in written form) and without recourse to suspension or settlement.
If registration to a course takes place within two weeks before the start of the course, the client must pay the course fees immediately, but no later than one day before the start of the course.
After the payment term has expired, the client is in default without any notice of default. From that moment on, KwaRC is entitled to charge the statutory interest and extrajudicial collection costs. The extrajudicial collection costs are set at 15% of the contract sum. If the client is in default as a result of late and / or incomplete payment, KwaRC is entitled to immediately suspend the execution of the assignment, including the right to refuse participation in the training / course. KwaRC is not liable for any damage suffered by the client and / or third parties as a result of the suspension. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of KwaRC and the obligations of the client towards KwaRC will be immediately due and payable.
VAT exemption for training courses and courses
KwaRC is in the process of applying for VAT exemption with CRKBO quality register (Central Register for Vocational Education). If approved all training and courses will be exempt from VAT. Research coaching is not exempt from VAT.
6. Cancellation or change of data by the client
The client has the right to cancel an agreed upon training / course in writing or by e-mail under the conditions stated in this article. The cancellation date is the date of the postmark or e-mail date.
As a participant in a course or training, the client is entitled to a refund (100%) of the paid course fee within 14 days if he / she has unsubscribed in time in the manner and within the period indicated in the course announcement.
Cancellation or change of data In-house training
After an agreement for conducting an In-house training has been made, it is possible to cancel 14 days prior to the training or to make changes to the agreement. If travel costs have already occurred, the client needs to pay for any cancellation fee, or the full amount if the ticket or accommodation cannot be cancelled any more.
7. Obligations of the client
In the case of an In-house training, the client shall ensure that all data, rooms and equipment that KwaRC indicates are necessary or that the client should reasonably understand to be necessary for the execution of the agreement are provided. The client must also grant KwaRC all the powers and authorizations that are necessary to properly carry out the assignment.
If the client has not (timely) fulfilled this obligation, KwaRC has the right to suspend the execution of the agreement and the client must reimburse KwaRC for the additional costs resulting from the delay in accordance with the agreed price.
If work is performed by KwaRC or third parties engaged by it within the framework of the assignment at the location of the client or at a location designated by the client, the client shall provide the facilities reasonably required by those employees free of charge. The client is also responsible and liable for setting up and maintaining the location, tools and tools with which the assignment must be carried out in such a way as to prevent damage to KwaRC or third parties engaged by it and indemnifies KwaRC against such claims. The client is also responsible and liable for taking such measures and providing instructions to prevent such damage. The client indemnifies KwaRC against any claims from third parties that suffer direct or indirect damage in connection with the execution of the agreement.
8. Intellectual Property
KwaRC owns the intellectual property rights of the learning materials provided and compiled by it (except for books in circulation), training and presentations in the broadest sense. All information and material obtained from or on behalf of KwaRC in the context of the training is exclusively intended for the participant's or his / her organization's own use. It is not permitted to reproduce or make public any information or material outside it in any way whatsoever, except with the prior written permission of KwaRC. KwaRC always retains the intellectual property rights to the course materials.
KwaRC makes every effort to carry out assignments and / or training courses and courses to the best of its knowledge and ability. However, the final result depends as much on factors that are outside the influence of KwaRC as it is a consequence of the activities of KwaRC. KwaRC can therefore not give any guarantees with regard to the expected results of the activities it performs. KwaRC therefore only has a best efforts obligation with regard to the assignment given.
Barring intent or gross negligence on the part of KwaRC, any liability of KwaRC for direct and indirect damage, including but not limited to consequential damage, lost profit and damage due to business interruption, is expressly excluded.
KwaRC can never be held liable for damage resulting from the actions and / or negligence of third parties and / or through the actions of persons engaged by KwaRC. KwaRC is not liable for any damage if the client has the opportunity to recover directly from a third party or an insurance company with regard to the occurrence of the damage.
If KwaRC should be liable for any damage, the liability of KwaRC is always limited to the amount of the payment made by the insurer of KwaRC. If the insurer does not pay out in any case or the damage is not covered by the insurance, the liability of KwaRC is limited to the price of the order given to KwaRC.
10. Confidentiality and protection of personal data
All personal data obtained by KwaRC in the context of the agreement with the participant / client will be treated in strict confidence and in accordance with the applicable privacy laws and regulations.
11. Complaints and disputes
KwaRC makes every effort to guarantee the quality of its training courses. If the content or the course of the training does not meet your expectations, we request that you contact KwaRC as soon as possible and report this, so that a suitable solution can be sought together with you. The right to object will expire 14 days after the training. Every report will be handled by KwaRC within 14 days of receipt and treated confidentially. Each complaint will be processed within 6 weeks of receipt, unless a longer period of time is required for further investigation. The complainant will be informed of this within 6 weeks of receiving the complaint with an explanation of the reason for the delay. An indication will also be given of the expected time for settlement.
If people are not satisfied with the handling of the complaint by KwaRC, there is a dispute. That will be resolved initially through mediation.
In the unlikely event that mediation does not lead to binding agreements between the parties, everyone is entitled to take legal action. Dutch law applies to all agreements between client and KwaRC. All correspondence regarding complaints will be kept by KwaRC during the legal term.