Article 1 Relevance
These Terms and Conditions apply to all agreements with:
Labrys Training, hereinafter referred to as Labrys Training, with registered office at West-Kruiskade 19B | 3014 AJ Rotterdam The Netherlands, KvK 34330522.
The general conditions of the participant shall not apply, unless agreed on in writing by Labrys Training.
Training: Training means any and all training, module, course, workshop, project day and other form of training in the broadest sense of the word.
Organisational and Support Services: Interim Organisational and/or Project Support Services agreed with and delivered upon request and in agreement with the client
Participant: Any person actually taking the training.
Client: Person charged for the payment of the course or the services.
Cancel: The (temporary) cancellation of the course or the services by the participant and/or client.
Training Start Date: The first meeting of the session which is to be communicated to the participant in writing.
Personal goal or intake interview: Interview or written evaluation in which the learning objectives of the training are coordinated with the learning needs of the participant. This interview can be part of the course.
Module: A combination of lessons within a course as mentioned on the website of Labrys Training. A course can consist of one or more module(s) and one or more day(s).
Price: The price of the training as stated on the entry form, reduced with possible discounts.
Conclusion of the agreement: The agreement between Labrys Training and the client is established
1. by receipt Labrys Training of the duly signed entry form
2. the receipt by Labrys Training of the duly signed confirmation by the client of Labrys Training’s proposal
3. the confirmation in writing by Labrys Training of the client’s entry by telephone, e-mail or other way, shape or form.
Article 2 Training Execution
2.1 Labrys Training will make best endeavours to perform on the training dates as initially agreed on.
2.2. However Labrys Training will be entitled to cancel or postpone the training when there are insufficient registrations for a training. Registered participants will receive written notice, after which Labrys Training will search for a solution.
2.3 Labrys Training is entitled to make interim changes to the training for reasons of reprogramming of speakers, times, dates and/or the location of the training or for reasons of quality improvement. A scheduled trainer can be replaced for the execution of assignments by another Labrys Training trainer, as the occasion arises.
2.4 Labrys Training will be entitled to reduce a training by a maximum of 25% of the meetings/training sessions, depending on the participants’ learning and results. The content of the training and the price however will remain the same.
Article 3 Confidentiality
Labrys Training commits itself to treat all information they receive, and which comes to their or their employees’ notice, as confidential and to perform the tasks agreed upon in good conscience and to the best of their abilities.
Article 4 Force Majeur
Labrys Training will make every effort to perform the services offered and use the instruments as should be done. If Labrys Training can not perform an assignment, workshop or partial agreement on time due to an act of God, it will only be compelled to deliver it after the hinder is removed, or in lieu of that, be liable for the amount of the non-delivered component.
Article 5 Liability
Labrys Training limits its liability to the amount of the agreement to which the damage refers, to a maximum of the project fee over a period of 6 months. The client, emphatically and unconditionally, will indemnify Labrys Training and their employees from any property damage resulting from participation in the workshops and training courses, the use of the materials and methods trained and the effects of the coaching on the client’s organization.
Article 6 Ownership and Copyright
The client acknowledges that all training materials, models and methods are protected by copyright and are only intended for personal use by the participants. No part of the publications may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from Labrys Training. It is not allowed to make available the material to third parties.
Documents and material, delivered for organizational and project support will become client’s property after the final payment to the consultant is will be done and all parts of the contract will have been fulfilled by both parties.
Article 7 Exchangeability of Participants
Access to and entry to training sessions will only be exchangeable within the client’s own organization, so long as this does not hamper the course’s progress for the other participants.
Article 8 Payments
Invoices for training must be paid within 30 days of the invoice date, but no later than 10 days before the start of the first planned meeting. The client undertakes to pay the amounts agreed fully and in time, even if one or more of his participants do not attend one or more meetings.
Invoices for Interim Organisational and/or Project Support Services must be paid within 30 days of the invoice date.
According to Dutch law Value Added Tax (VAT) of 21% will need to be paid by the client in addition to the agreed upon rate for the trainer, consultant or services.
Article 9 Cancellation
A service, activity or meeting can be cancelled without charge up to twelve weeks before the planned commencement. If postponed or cancelled between twelve and four weeks before the planned commencement 25%, if postponed or cancelled between four and two weeks before the planned commencement 50% and if postponed or cancelled within two weeks before the planned commencement 100% of the total project fee will be charged as well as already done payments for travelling (such as flight tickets)..
The client agrees that, when payment is not received in time, services, activities or meetings agreed and planned may be cancelled by Labrys Training, while leaving intact the client’s further payment obligations. If payment is not in time, the client will owe, without any further notice of default, the legal interest on the outstanding amount from the invoice date. If Labrys Training should pass on the claim, client will also be held to pay all legal and extra-judicial costs of collection, with a minimum of 15% of the outstanding sum.
Article 10 Person Registration
Names and contact data are recorded in the customer database of Labrys Training and are used to keep clients informed of our courses and training. The data are not made available to third parties without prior permission. If the person concerned indicates not to be provided with the information, it will be directly be respected and adjusted.
Article 11 Applicable Laws and Disputes
All agreements between Labrys Training and the client will be governed by the laws of the Netherlands. Any disputes that may arise between Labrys Training and the client shall be submitted to the exclusive jurisdiction of the Court of Amsterdam. Parties however will only bring the matter before the Court after reasonable efforts to settle the dispute amicably.
Article 12 Validity
Together with what is mentioned in the contract, this agreement will be full and definitive, replacing and/or superseding any other agreement. The agreement may be modified at any stage by mutual agreement to reflect changed circumstances. All modifications must be made in writing and signed by both parties.