Terms of delivery Effecta Learning

Effecta Learning is a part of Effecta Education B.V. The terms of delivery of Effecta Education B.V., therefore, apply to the products and services of Effecta Learning.

Article 1: Applicability

1. These terms and conditions apply to all offers and quotes provided by Effecta Education B.V. as well as to all agreements between Effecta Education B.V. and the customer regarding participation in or instruction to hold courses, training or advice instructions and/or providing recommendations in the broadest sense of the word; hereinafter to be called the "instruction".

2. Deviations from these terms and conditions shall only be binding if and insofar as they have been confirmed in writing by Effecta Education B.V.

3. General purchase conditions of the customer shall not apply unless accepted in writing by Effecta Education B.V.

Article 2: Effecting an instruction

1. The agreement between Effecta Education B.V. and the customer shall be effected by (1) the agreement being signed by the customer, (2) the written confirmation being signed by the customer or (3) the provision of written confirmation of the telephone customer instruction notification by Effecta Education B.V.

2. The enrolment for the open timetable courses shall take place in sequence of registration.
Should the number of participants be exceeded, alternatives shall be sought in consultation. Provisional enrolments must be definitely confirmed within 3 working days.

Article 3: Cancellation of the instruction by the customer

The customer shall be entitled to cancel the instruction in writing. The cancellation by the customer can take place without incurring costs up to 15 working days before the instruction starts.

The customer must pay 50% of the amount of the quote should cancellation take place up to 10 working days before the instruction starts.

The customer must pay 90% of the amount of the quote should cancellation take place up to 5 working days before the instruction starts. The customer must pay 100% of the amount of the quote should cancellation take place within 5 working days before the instruction starts. The cancellation costs shall be calculated as of when the instruction should have started and shall also apply when course enrolments are moved.

The data that is listed as first in relation to an intake interview shall apply as the starting date of the course for courses to which an intake interview is linked. Effecta Education B.V. shall attempt to arrive at an acceptable solution for both parties after further consultation.

Article 4: Cancellation of consultancy work by the customer

In deviation to Article 3, the cancellation of planned consultations can occur up to 1 month before the consultation without incurring costs.

The customer must pay 50% of the amount of the quote when cancellation of the consultation takes place 2 weeks before the start.

The customer must pay 75% of the amount of the quote when cancellation of the consultation takes place 48 hours before the start.

The customer must pay all the costs when cancellation of the consultation takes place within 48 hours before the start. The cancellation costs shall also be calculated as of the moment when the consultation would have started in relation to the cancellation of a consultation.

Article 5: Replacement/changes

1. The customer and/or the participant appointed by the customer can have another person participate in the project or the course instead of the enrolled participant after consultation.

2. Effecta Education B.V. shall retain the right to cancel and/or interrupt courses and/or to change course dates in case of special circumstances or should there be insufficient participation. Participants shall be consulted in such cases to arrive at alternatives.

Effecta Education B.V. shall not accept any liability for any costs incurred by the participant or others that may arise from cancellation, interruption and/or changes being implemented.

Article 6: Prices

1. All offers of Effecta Education B.V. are always without obligation unless otherwise agreed.

2. All listed prices exclude VAT.

3. The rates as listed in the most recent timetable shall apply to open timetable courses.

Article 7: Payment

The total amount due increased with the VAT must be settled within 14 days of receiving the invoice by the customer. If enrolment takes place less than 14 days before the course date, full payment must take place when enrolment occurs.

Effecta Education B.V. shall send the invoice with the written confirmation of enrolment. Effecta Education B.V. must, at the latest, have received payment before the course starts. Effecta Education B.V. shall be entitled to deny access to the course to the student should this not be the case.

Article 8: Suspension and dissolution

Effecta Education B.V. shall be entitled to refuse participation in the project or course of the customer and/or the participant appointed by the customer and/or to suspend the performance of the instruction or dissolve the agreement if the customer has not met said customer's payment obligations without prejudice to the provisions included in Article 7.

Article 9: Copyright

1. The copyright related to the brochures and project material published by Effecta Education B.V. rest solely on Effecta Education B.V. unless expressly specified otherwise. Information from any material shall not be published and/or copied in whatever form whatsoever by the customer without the express written consent of Effecta Education B.V.

2. The copyright related to reports, proposals and other documents that may arise from the work of Effecta Education B.V. shall also solely rest on Effecta Education B.V. unless agreed otherwise in writing.

Article 10: Liability

1. Effecta Education B.V. shall make an effort to perform the given instructions to the best of its knowledge and ability.

2. Effecta Education B.V. shall not accept any liability whatsoever towards the customer for any damages except damages that are covered by its liability insurance and insofar the insurer shall pay out compensation.

3. Liability shall be restricted to the amount that has been charged for the damage-creating performance or, should it involve a continuing performance agreement, to the invoice amount for a period of six month except for the cases as meant in subclause 2. Under no circumstances shall indemnification amount to more than EUR 10,000.00.

4. Effecta Education B.V. shall never be liable for damages that may be the result of:

• any shortcomings of the customer when complying with said customer's obligations including providing sufficient collaboration in relation to the execution of the agreement,
• the customer providing incorrect and/or insufficient and/or non-timely information. The customer shall guarantee the correctness and completeness of the information that is essential to the project.

5. Effecta Education B.V. shall never be held liable for indirect damages including consequential loss, loss of profit and damages related to operational standstill.

6. Effecta Education B.V. shall not be held liable if the customer can directly make a claim from said customer's insurance company and/or the insurance company of a third party in relation to the arising damage.

Article 11: Applicable law and competent court

Dutch law shall apply to every agreement between Effecta Education B.V. and a customer. Disputes that may arise from agreements on which these terms and conditions apply and that do not belong to the competence of the subdistrict court shall be submitted to the court in Utrecht.

© 2006 Effecta Education B.V.