Terms and Conditions - Proyecto Training & Coaching

General terms and conditions Proyecto.training based in Almere

Proyecto.training is a trade name of Nwdijk KvK no: 52581160 Gooi-, Eem-, en Flevoland

version 1.5

Concepts:

In these general terms and conditions, the following definitions shall apply:

‘course participant’ means the person who participates in the education, training or in-company course for which an assignment has been given.
‘client’ means the person (course participant or organisation) to whom Proyecto.training confirms a registration for an open education or training course in writing or, in the case of an in-company training course, the person with whom an assignment to that effect is signed.
‘Conditions’: general conditions of sale, delivery and payment
‘Parties’: Proyecto.training and client
‘Legal relationship’; contract to be concluded or entered into between parties
‘Performance’ means the provision of services as agreed between the client and Proyecto.training
‘Conditions’: general conditions of sale, delivery and payment

Applicability and explanation

These terms and conditions shall apply to all legal relations between the parties. Only the provisions contained herein shall apply to performance and no general or other terms and conditions shall apply, from any party or body or under any denomination.

If Proyecto.training makes use of the services of third parties in the performance, the terms and conditions of the third party shall be deemed to form part of the terms and conditions of Proyecto.training. On the understanding that to all that Proyecto.training is obliged towards third parties under those terms and conditions, the client is in turn obliged towards Proyecto.training.
The client may commission Proyecto.training to perform work only by entering into an order confirmation.
An order confirmation will be prepared per order.
If there is a conflict between these terms and conditions and the order confirmation, the provisions of the order confirmation shall prevail.
The terms and conditions and order confirmations with the resulting rights, obligations and responsibilities cannot be transferred by the client or Proyecto.training to third parties without the prior written approval of the other party.
In case of organisational and personnel developments and/or changes within their organisations that are relevant for the execution of the terms and conditions and/or order confirmations, the parties will inform each other in writing.

Mutual rights and obligations

The parties shall provide each other with all useful and necessary information that can reasonably be requested in the context of proper performance in a timely manner.
Client is liable for the use, security and proper application in its organisation for the Proyecto.training delivered services.
If data necessary for the execution of the agreement are not at Proyecto.training's disposal, not in time or not in accordance with the arrangements made, or if the client fails to fulfil his obligations in any other way, Proyecto.training shall have the right to suspend the execution of the agreement and shall also have the right to charge additional costs according to the usual rates.

Offer and agreement

Any offer made by Proyecto.training is valid for the period of four weeks. This also applies to the content of the information provided with or in connection with the offer. Each offer assumes execution of the agreement by Proyecto.training under normal circumstances and during normal working days.
Proyecto.training shall not be bound by the assignment it has issued until it has confirmed or accepted the assignment in writing vis-à-vis the client, or, if written confirmation or acceptance is lacking, by delivery of the performance: by said confirmation/acceptance or delivery, respectively, the agreement is concluded.
Proyecto.training reserves the right to outsource or subcontract the deliverables to third parties.
Additional work is considered to be any work during the agreement that exceeds the services set out in the agreement, whether or not in writing. Client accepts that the completion of the services may be affected as a result.

Courses

If the performance to be delivered consists (in part) of giving course, it shall be performed to the best of his knowledge and ability.
To successfully follow the courses, Proyecto.training may recommend prior education. Proyecto.training is not liable for the consequences of not attending (on time) or not having the recommended prior education.
Course materials, lunch, coffee and tea, are included in the course fee, unless otherwise stated or agreed.
Prices for conducting a course at a location requested by the customer do not include material, travel and accommodation costs, unless otherwise stated or agreed.
Course materials will be given to the participant at the start of the course. Copying of course materials, in whole or in part, is not allowed except with prior written permission from Proyecto.training.
In the event that circumstances arise that impede or delay the performance of the agreement through no fault of Proyecto.training, it shall be entitled to charge the resulting costs to the client.
In case the client is a course participant employed by an employer, and this employer has co-signed the registration form, the employer is and remains, in addition to the client, jointly and severally liable for all that the client owes and may owe at any time to Proyecto.training. This joint and several liability of the employer does not end as a result of the termination of the employment relationship between the client and the employer.
Proyecto.training has the right to engage employees of third parties selected by Proyecto.training for services to be performed for the client.
Proyecto.training will do everything possible to accommodate the client's wishes regarding the employment of its provided employees, but Proyecto.training reserves the sole right to decide on this matter.
Proyecto.training and its employees will not be restricted or restrained in any way from providing similar services to others.
Specific company courses, which are necessary after the order has come into being, are at the client's expense.
Proyecto.training will accept substitutes for the already registered trainees, provided they meet the above condition.

Cancellation

Cancellation of registrations must be made in writing, stating the relevant participant and course details. In all cases of cancellation, a € 50.00 administration fee will be charged.
Cancellation by the client of the participation of one or more trainees, or of the hire of a teacher or a classroom is possible up to and including 16 working days before the start of the performance.
For cancellation between 15 and 6 working days before the start of the performance, 50% of the agreed amount is due. If cancelled within 5 working days before the start of the performance, the full agreed amount is due.
Cancellation by the client does not automatically entitle the client to substitute participation in a course, room hire or teacher at another time. Postponement of the order to another time shall constitute cancellation of the order placed.

Cancellation/refusal by Proyecto.training

Proyecto.training aims to ensure that a planned course always goes ahead. Proyecto.training may cancel a course up to the week prior to the course week by notifying the client in writing, by e-mail or by telephone. Proyecto.training accepts no liability for costs or damage for the client or his organisation caused by cancellation.
Proyecto.training reserves the right to refuse an application in case the interests and/or property rights of Proyecto.training may be affected or that previous fees (for courses or for other products and/or services provided by Proyecto.training) charged to the participant organisation have not been paid within the payment deadlines set for that purpose.

Replacement of an employee

In case an employee is not deployable, due to illness, incapacity for work or other reasons, replacement of the employee concerned will always be arranged in consultation between the parties.
Proyecto.training reserves the right to replace the employee mentioned in the order confirmation with another employee of at least the same level of knowledge. Replacement will take place as much as possible in consultation with the client.

Working conditions and facilities

The customer is obliged to provide the employee(s) responsible for the execution of the work with the information and/or materials and/or facilities required for the proper execution of the work, including adequate work areas and technical aids, in a timely and proper manner.
The client is obliged towards Proyecto.training, just as he is towards his employees as a result of the statutory provisions, to equip and maintain the premises, equipment and tools with which he performs the work, and to make such arrangements and give such instructions concerning the performance of the work that the employee(s) referred to above is (are) protected against danger to body, honour and property as may reasonably be demanded in connection with the nature of the work.
If the above obligations are not met, the client shall be liable to compensate Proyecto.training for the damage suffered by the aforementioned employee(s) as a result of this in the performance of his/her services, work duties and activities, unless the client can prove that the non-fulfilment is attributable to force majeure, or that the damage is to a significant extent also attributable to gross negligence on the part of the employee(s).
If, as a result of non-compliance with the obligations by the principal, the employee(s) suffers such injury in the performance of his/her duties, work and/or activities that it results in death, the principal shall be obliged to pay compensation to the surviving partner, the children and/or the parents of the deceased, who used to be supported by his/her work, is obliged to pay compensation, unless the principal provides proof that the non-fulfilment is attributable to force majeure, or that the death is to a significant extent also attributable to gross negligence on the part of the employee(s).
The client shall at all times indemnify Proyecto.training against any claims brought against Proyecto.training on account of the non-fulfilment of the aforementioned obligations, as laid down in article 7:658 of the Dutch Civil Code, and grants Proyecto.training the authority to assign its claims in this regard to the party/parties directly concerned, or to enforce them against the client also on behalf of Proyecto.training.

Invoicing and payment

All prices and rates are exclusive of turnover tax and other government levies. Rates are exclusive of travel and accommodation expenses and any other expenses to be incurred in connection with the performance to be delivered.
Proyecto.training is entitled to require the client to provide security. Proyecto.training is also entitled to require advance payment from the client before commencing the performance of the agreement.
The rates apply for normal working days, which means Monday to Friday (excluding generally recognised public holidays) between 08:30 and 17:00.
Invoicing takes place after confirmation of the order by the client.
In case of an ‘in-company’ training course, invoicing will take place after the order confirmation has been signed and the expected number of participants has been specified. If additional participants are added after the first course day, they will also be charged. The risk of an exam candidate not showing up for the exam shall be borne by the client.
Examination results and/or examination certificates linked to the course will be issued once payment for the course has been made.
Unless explicitly agreed otherwise, payment shall be made within 14 calendar days of the date on the relevant invoice by transfer to a Proyecto.training designated bank account in the currency indicated. Complaints regarding the invoice must be submitted in writing to Proyecto.training within eight days of the date of dispatch of the invoice. After this period, complaints will not be considered.

In the event of late payment, Proyecto.training shall be entitled to suspend its performance and shall be entitled, without notice of default, to payment of interest of 1.5% per month on the unpaid amount and all costs incurred in or in connection with the collection of the debt, judicial and extrajudicial, shall be borne by the client. The extrajudicial costs shall be set at 15% of the overdue amount, unless Proyecto.training proves that the actual costs have been more, in which case these actual extrajudicial costs incurred shall be payable.

Liability

If Proyecto.training can be held legally liable for damages incurred for breach of contract or in tort, the following applies:
Proyecto.training is not liable for damages consisting of lost profit or reduced revenue;
Proyecto.training's liability for damages consisting of loss of or damage to an item or personal injury and consequential damages thereof shall be limited to a maximum of the net invoice value (gross invoice value minus VAT and any other government levies) of the services provided in the month in which the services were provided, which caused the damage in question, or, if this month is not determined, the average net invoice value in the above-mentioned sense of the services per month or the twelve months prior to the damage occurring, or so much shorter as the agreement lasted in total.
Proyecto.training's liability for other damages, other than those mentioned above, shall be limited to 50% of the net invoice value.
Proyecto.training shall never be obliged to pay compensation for any direct or indirect damage suffered as a result of or arising from defective performances or the failure of the performances it delivers to function properly, on time or at all, except in the case of gross negligence/intentional act or omission on the part of Proyecto.training. Any liability for trading loss (business interruption, loss of income and the like), data loss or reduction and/or consequential damage, whatever the cause, including delay in the delivery time of performances, is expressly excluded.

Force majeure

Force majeure means all circumstances, as a result of which Proyecto.training is temporarily or permanently unable to fulfil its obligations, such as transport and difficulties, fire, government measures, weather conditions, business disturbances, illness as a result of which Proyecto.training is unable (or no longer able) to fulfil its obligations towards the client.
performance (further), Proyecto.training shall be entitled, without any obligation to pay damages, to dissolve the agreement in whole or in part by means of a written notification to that effect without judicial intervention, without prejudice to Proyecto.training's right to payment by the client for the performance already provided by Proyecto.training before the force majeure situation occurred, or to suspend the (further) performance of the agreement. In the event of suspension, Proyecto.training would still be entitled to dissolve all or part of the agreement.

Dissolution/suspension/termination

Client shall be deemed to be in default by operation of law and the remaining debt shall be immediately due and payable in the event:

Proyecto.training has well-founded reasons to fear that the client will default on its obligations and it fails to comply with a written demand, stating those grounds, to declare its willingness to fulfil its obligations within a reasonable period set by that demand;
Customer proceeds or decides to discontinue or transfer its business or an important part thereof, including the contribution of its business to a company to be incorporated over the already existing company, or proceeds or decides to change the objective of its business or to dissolve it.

The agreement may be terminated with immediate effect and without prior judicial intervention if:

one of the parties remains in default despite notice of default;
one of the parties is a legal entity and it is dissolved;
one of the parties is declared bankrupt;
there is a change in the ownership situation of the client and/or Proyecto.training during the term of this agreement;
there be it conservatory, the executory attachment of a substantial part of the movable and/or immovable property of the client and/or Proyecto.training;
either party has applied for suspension of payments.

User rights and confidentiality

Proyecto.training shall act confidentially with regard to all information that the client entrusts to Proyecto.training or its employee(s) in the context of an assignment by not disclosing it to any person or body without having obtained prior express permission.
Proyecto.training is not obliged to maintain the confidentiality of information to which general knowledge has been or will be given, or which Proyecto.training already had at its disposal, or which has been developed by Proyecto.training independently outside the framework of the agreements, or which has been legitimately obtained from third parties.
Unless further agreed, Proyecto.training will not retain any materials and information in any form for the client after the termination of the agreement.

Intellectual property

Models, techniques, tools and course materials, including software, used for the execution of the assignment and included in the course are and will remain the property of Proyecto.training . Disclosure may therefore only take place after written consent has been obtained from Proyecto.training .
Copying or editing/modifying all or part of Proyecto.training's models, techniques, tools and course materials, including software, without the written consent of Proyecto.training is prohibited .

Copyright

All materials used (incl. software) are protected by copyright and may therefore not be reproduced in any form without the express permission of Proyecto.training.
It is not permitted to cede or use or cause to be used any material in whole or in part to third parties for teaching in any form.

Disputes

These terms and conditions and all agreements with rights and obligations arising therefrom shall be governed by Dutch law.
In case of disputes, the Amsterdam District Court shall have exclusive jurisdiction, unless the Subdistrict Court is competent due to the importance of the claim.

About your privacy