Terms and Conditions
In these general delivery conditions the following terms have the following meanings:
Contractor: The School of House B.V., registered in the Trade Register of the Chamber of Commerce under no. 63105918, with registered office and office at Isolatorweg 36, 1014 AS, Amsterdam.
Client: the natural or legal person who works with The School of House B.V. enters into an agreement or requests a quotation for it.
The agreement: the agreement between the client and The School of House B.V. Agreement concluded regarding the assignment to conduct courses, master classes, workshops, training and other forms of training.
These general terms and conditions of delivery apply to all offers issued by the contractor and to all agreements concluded by the contractor with the client.
These terms of delivery also apply to all agreements with the contractor, for the execution of which third parties must be involved.
Deviations from these conditions are only binding if and insofar as they have been confirmed in writing by the contractor.
General purchasing conditions of the client do not apply, unless accepted in writing by the contractor.
Article 2 Establishment of the agreement
All offers are without obligation, unless explicitly stated in writing.
The agreement between the contractor and the client is established by payment of the first part of the invoice, full invoice, online payment via Paylogic, or by written confirmation by the client by means of a registration or order confirmation sent by e-mail. An obligation is entered into with a signed agreement.
Additional agreements or changes made after the conclusion of the agreement, as well as (verbal) agreements and / or promises of the contractor’s personnel, are only binding if they have been confirmed in writing.
Article 3 Implementation and rules of conduct
The contractor will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Third parties are involved in the execution of assignments.
Article 4 Copyright and intellectual property
Unless otherwise agreed with the client, all data provided by the contractor, such as research methods and data, reports, advice, brochures, readers, project and training material, software, etc. are subject to copyright under the Copyright Act.
All information and data provided by the contractor, such as research methods and data, reports, advice, brochures, readers, project and training material, software, etc., are the property of the contractor or externally invested intellectual owner and are exclusively intended for the agreed assignment and may not be permission of the contractor may be reproduced, made public or brought to the attention of third parties.
Article 5 Confidentiality
The client and contractor will, even after termination of the agreement, observe confidentiality with regard to all information made available to them by the other party in the context of the realization and performance of an assignment and of which the confidential nature is either indicated, or can reasonably be viewed.
Article 6 Cooperation of the client
The client will provide all cooperation, data and information in a timely manner that the contractor considers necessary or useful in order to be able to perform the assignment successfully.
The client will carefully select, motivate and inform participant (s) about the content and method of training or coaching as well as provide information about matters of an organizational nature.
Requirements of a practical nature (location, learning materials) as agreed in the agreement must be realized in accordance with the specifications of the contractor.
If these matters (paragraphs 1 to 3) are not sufficiently realized, this can be regarded as a form of force majeure and the corresponding provisions apply (Article 8).
Article 7 Cancellation and amendment
Cancellation must be made in writing. In the event of cancellation or postponement of the assignments referred to in Article 2, paragraph 2 or part thereof by the client, the following compensation scheme applies. In case of cancellation from 14 days before the start of the training, 50% of the original fee will be charged. If canceled within 14 days before the start of the training, 100% of the original rate will be charged.
The above cancellation periods and obligations (paragraph 2) apply to changes to already planned assignments and processes (implementation dates).
If the client or the participant appointed by the client terminates the participation prematurely after the start of the training or otherwise does not participate, the client is not entitled to any reduction of the agreed price.
The contractor has the right to refuse a participant in a training or workshop, etc., if the contractor is of the opinion that the circumstances justify this decision.
Changes in the nature and scope of the agreement must be agreed in writing with the contractor.
Although the contractor is willing to consider a request to consent to changes in the nature and scope of the agreement, the contractor is in no way obliged to give such consent.
Article 8 Force majeure
In the event of force majeure, the Contractor reserves the right to cancel, change, move orders (according to time and location) or suspend them until the circumstances causing the force majeure no longer exist.
Force majeure is in any case, but not exclusively, if trainers / guest speakers are unavailable as a result of unforeseen circumstances (including, for the trainers / guest speakers: illness).
The contractor is entitled to demand payment for the work carried out in the performance of the agreement concerned, before the circumstance that prevented performance arose.
Article 9 Rate and costs
The offered and agreed rates and costs are based on the fees, wage costs and social and government charges or taxes, including VAT levies, applicable at the time of the quotation and the conclusion of the agreement.
By means of the quotation and agreement it is agreed which rates and costs will be charged by the contractor.
Rates are set per calendar year. The applicable rates for the execution of the assignment depend on the calendar year in which the assignment takes place.
Article 10 Invoicing
Payment must be made within 8 days after the invoice has been sent, without prejudice to the contractor’s right to demand advance payment if it sees reason to do so.
All costs for the contractor associated with the collection of what the client owes the contractor are for the account of the client. The extrajudicial costs (including a reasonable compensation for time to be spent by the contractor on collection) are set at 15% of the principal amount due, with a minimum of € 500.00.
Article 11 Liability
The Contractor is not liable for any shortcoming in the fulfillment of its obligations arising from the agreement, unless the Client demonstrates that the shortcoming is due to intent or gross negligence on the part of the Contractor.
The contractor is not liable for direct and / or indirect consequential damage, including damage as a result of business interruption.
The contractor is never liable for damage that is not an immediate and direct result of actions or performances delivered by the contractor, including employees or engaged third parties (advisers, trainers, coaches and actors).
If the contractor, with due observance of the provisions of the law, in the agreement and in these general terms and conditions, should be liable towards the client, that liability is limited to twice the invoice value of the assignment, or at least that part of the assignment to which the liability relates. .
The client is liable for damage suffered by the employees of the contractor in the context of the performance of the agreement and undertakes to indemnify the contractor against claims from those employees.
If and insofar as sports activities or similar activities are developed in the context of the implementation of the agreement, the participants themselves must assess whether they are physically capable of participating. Participation is at the risk of the participant.
In case of cancellation on the basis of this article, the contractor is never obliged to pay compensation for any damage resulting from this for the client.
If the contractor is involved in legal proceedings or other dispute resolution, it is not liable for all associated and ensuing costs, unless otherwise decided.
Article 12 Complaints procedure
The contractor has a complaints procedure that applies to all services provided to clients.
A complaint must be addressed to the contractor in writing or by email, within one week after termination of the assignment or part of the assignment.
Contractor treats the customer as written in the complaints procedure.
The contractor will communicate the result of the decision to the client in writing or by email.
Article 13 Privacy regulations for registration of personal data of participants
The School of House records personal data in appropriate sources for the registration and certification of participants in a training.
Participants are asked in writing prior to a training to agree to the recording of this data.
The School of House ensures that with regard to the organization and security, all measures prescribed in the context of the Personal Data Protection Act are observed.
Article 14 Final provision
Dutch law applies to all agreements between the contractor and the client.
All disputes arising from the agreements concluded between the contractor and the client will be submitted to the civil court in the district of Amsterdam, without prejudice to the contractor’s right to apply to another court that has jurisdiction under the law.