NB. This English version has been translated from the Dutch version through Google translate.
Its purpose is to give some insight in the Terms and Conditions for non-Dutch speakers
In cause of any unclear conditions due to bad&silly translations, the Dutch version is leading.
Article 1. Definitions
- OptimizeNow: Registered name of the company, located at Warmondstraat 168-1h in Amsterdam, represented by owner Barry Rozemeijer
- Client: the legal person with whom an agreement has been concluded with regard to participation in a course. The Client always delegates a natural person to participate in an education, training or course.
- Student: the natural person who actually participates in the study program on behalf of the client or as a natural person.
- Coachee: the natural person who actually participates in coaching, counseling or training on behalf of the client or as a natural person.
- Education: education, training, workshop, coaching, counseling or any other meeting with the aim of transferring and/or increasing knowledge and/or skills.
- Open training: training with participation by student(s) from different companies and/or organisations, or natural persons.
- Coaching: education, training, workshop, coaching, counseling or any other meeting with the aim of transferring and/or increasing knowledge and/or skills.
- ‘In company’ course: course/training/education with participation by student(s)/students from the same company and/or organisation.
- Conditions: these general conditions.
Article 2. Applicability
1. The terms and conditions apply to all quotations, general offers, (legal) acts, agreements and the like of ‘OptimizeNow’, regardless of whether they are related to or follow on from quotations already made, general offers, (legal) acts , agreements and the like
2. Changes or additions to the terms and conditions must be confirmed expressly and in writing by the contractor
3. A registration in the manner as stated in Article 3 paragraph 1 or the acceptance of an offer as referred to in Article 4 paragraph 2 implies acceptance of the applicability of these terms and conditions.
4. Applicability of general terms and conditions of the client is excluded insofar as they conflict with these terms and conditions.
Article 3. Registration and confirmation of open training
1. Registration for the open courses to be provided by ‘OptimizeNow’ can take place by the student by sending in the completed registration form by post, by oral or telephone registration or by registration by e-mail/electronic mail.
2. ‘OptimizeNow’ always confirms a registration made in the manner stated in the previous paragraph in writing (by post, fax, e-mail or otherwise). By sending this confirmation, the agreement with regard to participation in the relevant training is established. However, proof of the conclusion of the agreement can also be proved by the parties by other means. A clear example of this is that the invoice from ‘OptimizeNow’, which is sent for the training in question, is actually paid, or that an agreement has been made for payment in installments.
Article 4. Agreement regarding ‘in company’ course
1. With regard to an ‘in company’ course, the client will request a quote from ‘OptimizeNow’.
2. The agreement with regard to participation in an ‘in company’ course is concluded by full acceptance of the offer.
3. The content of the offer is a representation of the agreement. A deviating acceptance of the quotation is considered a rejection of the original quotation and an invitation to make a new quotation. ‘OptimizeNow’ is not obliged to prepare a new quotation.
Article 5. Prices of open training
1. When registering via a registration form or telephone registration, the training prices apply, as stated in the most recent training brochure published or distributed by ‘OptimizeNow’, regardless of whether the client or student is aware of these.
2. When registering by completing the form, sending by e-mail/electronic mail, the prices as stated in the brochure regarding this training at the time of registration apply.
3. The training prices include the costs for the training material, unless stated otherwise.
4. If VAT applies to a course, the prices quoted are exclusive of VAT and will be charged including VAT.
5. Prices can be adjusted due to unforeseen circumstances.
6. Prices will be adjusted in the event of changes in the VAT regime and/or the level of the applicable VAT rates.
Article 6. Prices of ‘in company’ course
1. The course price stated in the quotation is only binding during the period of validity of that quotation.
2. The offered course price includes the costs for the course material, unless stated otherwise.
3. If VAT applies to a course, the prices quoted are exclusive of VAT and will be charged including VAT.
4. Prices may be subject to foreseen circumstances are adjusted.
5. Prices will be adjusted in the event of changes in the VAT regime and/or the level of the applicable VAT rates.
Article 7. Payment
1. After registration for a training as stated in Article 3 or after acceptance of the quotation as referred to in Article 4, ‘OptimizeNow’ will send an invoice regarding the training to the client, the student or the coachee.
2. Payment by the client or student must be made in full within 14 days of the invoice date, but no later than before the start of the first training day, without any right to discount or set-off, at the offices of ‘OptimizeNow’ or by means of payment into a OptimizeNow’s designated bank or giro account. The only exception to this is an express written confirmation from ‘OptimizeNow’, in which payment in installments is agreed.
3. If the client has not paid within the term referred to in paragraph 2 of this article, he is legally in default without further notice of default being required.
In that case, the client also owes interest of 1% per month from the due date until the date of full payment, calculated on the outstanding invoice amount, whereby part of a month is regarded as a whole. An agreement for payment in installments entered into in accordance with paragraph 2 of Article 7 does not pay any interest during the period in which the installment payment has been agreed.
4. If the client, student or coachee does not pay or does not pay on time, the costs arising from this for ‘OptimizeNow’ are for the account of the client, student or coachee. These costs include all judicial and extrajudicial costs, such as the costs of summons, collection, counsel/lawyer, legal proceedings. The extrajudicial costs are set at a minimum of 15% of the amount to be claimed.
5. If the full payment of the training price has not been received by ‘OptimizeNow’ before the start of the training, the student is not entitled to participate in the training, without this releasing the client or student from the obligation to pay the full training price plus any additional costs.
6. Registration for a study program or acceptance of a quotation leads to the obligation to pay, regardless of how the student terminates or completes the study programme.
Article 8. Relocation of data for the ‘incompany’ course by the client
A part of the course can be moved to another date free of charge up to four weeks before the agreed date. In case of relocation shorter than four weeks – and longer than one (1) week before the date, 50% of the training amount will be charged. In case of relocation within one (1) week before the agreed date, the full training amount is due.
Article 9. Cancellation of open training by the client
1. Cancellation by the client or student of the agreement with regard to an open training is only possible by registered letter up to ten (10) weeks before the planned first training day.
2. Cancellation by the client or student of the training agreement after the start of
the training is not possible.
Article 10. Prevention of the student or coachee
1. Participation in the education or training is by name. If a student is unable to participate in the training, replacement by another student is possible, provided that the replacement is registered with ‘OptimizeNow’ no later than one (1) week before the first training day and this student is also found suitable by ‘OptimizeNow’ for following the training through an intake interview. The client does not owe any additional costs for this replacement.
2. A student who is unable to attend can be transferred to the same program on other dates or dates on request. When transferring, administration costs of €19.50 excl. VAT will be charged. When transferring within a week before the first training day, these costs amount to 25% of the training price.
3. If OptimizeNow and Coachee make an appointment for a coaching conversation and Coachee is unable to be present at the agreed date and time at the agreed location, or to be logged in via the agreed channel, Coachee must inform OptimizeNow as soon as possible. set. If Coachee gives notice of absence to OpztimizeNow within 24 hours before said time, or does not give such notice, OptimizeNow is entitled to charge the fee for the relevant appointment to the client.
With regard to appointments on a day following a Sunday or on one or more recognized public holidays, the said 24-hour period is deemed to commence at 6 p.m. on the last previous normal working day. With regard to an ordinary Monday, the period therefore starts at 6 p.m. on the previous friday.
Article 11. Cancellation by ‘OptimizeNow’
We observe a cooling-off period of 14 days with regard to registrations. ‘OptimizeNow’ reserves the right to cancel the training up to two (2) days before the first training day. The clients will be informed about this without delay. ‘OptimizeNow’ will offer a different start date of the training. Only if no other date is available after mutual consultation, ‘OptimizeNow’ will refund the training fee paid by the client.
Article 12. Liability
1. ‘OptimizeNow’ is not liable for any damage caused by or related to participation in an ‘OptimizeNow’ training or the cancellation of the training agreement by ‘OptimizeNow’, unless ‘OptimizeNow’ can be blamed for intent or gross negligence .
2. If ‘OptimizeNow’ is at any time liable for any damage despite the provisions of paragraph 1, this will be limited to a maximum of the invoice amount, less costs that ‘OptimizeNow’ has incurred towards third parties and that directly relate to the education, training or course to be followed or followed.
3. Indirect damage is not compensated.
Article 13. Intellectual property
1. Without the express written permission of ‘OptimizeNow’, the client is not entitled to disclose, exploit or in any way reproduce data from and/or parts and/or extracts of the training material provided.
2. The intellectual property of the training and course material belongs entirely to ‘OptimizeNow’.
Article 14. Confidentiality
Each participant in the training commits to the rules of privacy. This means that all stories of a personal nature must be treated confidentially. Participants in the training may discuss this amongst themselves. Participants in the training are not allowed to take stories of a personal nature outside the environment of the training, unless the person in question has given explicit permission for this.
Article 15. Replacement teacher or trainer
The trainings of ‘OptimizeNow’ are given by all trainers and designated assistant trainers. For the training courses, ‘OptimizeNow’ strives to always be present with two (2) trainers. For NLP training, ‘OptimizeNow’ ensures that at least one certified trainer is always present. ‘OptimizeNow’ is at all times entitled to replace a teacher or trainer, charged by it with the execution of the training agreement, by another teacher or trainer.
Article 16. Advertising
1. The client must make a complaint with regard to the implementation of the training agreement or an administrative procedure related to the training, in writing within 8 days after the start of the training and address it to the director of ‘OptimizeNow’. A written response will follow regarding the advertisement.
2. Complaints regarding the invoice must be made known within 8 days of the invoice date in the same way as stated in paragraph 1, after which the settlement will also take place in writing.
Article 17. Applicable law
1. Dutch law applies to all quotations, general offers, (legal) acts and the like of ‘OptimizeNow’ and agreements between ‘OptimizeNow’ and the client.
2. All disputes arising between the parties as a result of a quotation, general offer, (legal) act, agreement and the like, to which these terms and conditions apply or as a result of agreements arising therefrom, will be submitted to the competent court in the district in which the city of Amsterdam falls, unless the law prescribes otherwise.
Article 18. complaints
Complaints must be settled within thirty days. If a longer period of time is required to conduct the research, the student/coachee will be notified of this within set deadlines, with an explanation of the postponement; moreover, an indication is given when one expects to be able to provide a definitive answer.
Complaints are handled gradually and confidentially. The student/coachee should preferably contact the lecturer(s) of a course or study program directly in the first instance, especially if the complaint concerns the quality (in a broad sense) of the course or study programme.
If no satisfactory solution has been found or if it concerns a different type of complaint, the student/coachee can contact Mr. B. Rozemeijer via email@example.com. The complaint and the manner of handling it are registered and kept for a period of one year.
The costs of these proceedings will be passed on to the party found to be in the wrong.