General terms and conditions training courses Onder

GENERAL TERMS AND CONDITIONS UNDER | TRAINING

DEFINITIONS

1. Onder: Onder B.V., registered with the Chamber of Commerce onder number 77062825, established in Zwolle at Hanzelaan 95 (8017 JE), user of these general terms and conditions.
2. Further details of Onder:
   • Visiting address: Hanzelaan 95 (8017 JE) Zwolle
   • Website: https://Onder.nl
   • Email address: hallo@Onder.nl
   • Phone number: 038-20220043
   • Btw-identificatienummer: NL860888228B01

3. Client: the (potential) buyer of the services offered by Onder.
4. Training/Incompany: any assignment (order) from client, in any form. 
5. Agreement: any agreement concluded between Onder and the client, any amendment or addition thereto, as well as all (legal) acts in preparation and execution of that agreement. 
6. Services: all work, in whatever form (provision of services, contracting of work, hiring of staff, etc.) performed by Onder for or on behalf of the Client. 

Article 1: SUBSCRIPTION AND ACCEPTANCE

1. Registration for a training course takes place exclusively by means of a registration form on Onder's website and is valid for the total continuous training period. No administration fee will be charged.
2. The agreement between the client and Onder comes into effect - and is deemed to be accepted by Onder - after Onder has confirmed participation by e-mail. Said confirmation shall serve as proof of registration.
3. Placement for training will take place in order of receipt of registration forms. Preferences indicated will be taken into account as far as possible, but no rights may be derived from this. If a participant cannot be placed, he/she will be notified in writing, electronically or by telephone.
4. After confirmation of registration, a deposit of 50% should be made by the client. This amount must be paid to Onder within 14 days from the date of confirmation. The Client will receive an invoice for this, which will be provided by email to the email address on the registration form. 

Article 2: TERMINATION AND CANCELLATION

1. After the confirmation of registration, the client has a reflection period of 14 calendar days. Cancellation of a registration within these 14 calendar days is free of charge. If the time from registration to start of training is shorter than 14 days, cancellation free of charge is possible up to 1 day before the start of the training.
2. Cancellation of a registration is free of charge if a training course does not start at the preferred location.
3. If a participant is unable to attend, he/she zonder may be replaced by another person at an additional cost, provided he/she is notified in writing before the start of the training. The participant remains liable for the entire original training fee.
4. Cancellation of a registration or replacement by another participant (before the training has started) can be notified by sending an e-mail message to hello@onder.nl. 
5. Up to 2 months before the start of the training, no fees will be charged. If cancelled between 2 months and 1 month before the start of the training, the client shall owe 20% of training fees onder deduction of study materials not yet received. In case of cancellation between 1 month and 2 weeks before the start of the training course, the client shall owe 30% of training costs onder deduction of study materials not yet received. In case of cancellation less than 2 weeks before the start of the training course, the client shall owe 50% of training costs onder deduction of study materials not yet received. In the event of early termination 50% (as start-up costs) of the agreed price onder deduction of study materials not yet received plus the costs of the lectures already attended irrespective of attendance at the lectures. The total cost will never exceed the agreed price.
6. In case of cancellation, all study materials already sent must be returned undamaged.

ARTICLE 3: EXAMINATION, GROUP ASSIGNMENT AND INDIVIDUAL FINAL ASSIGNMENT

1. If there is an examination, group assignment or individual assignment and final interview at a particular training course by Onder, this always constitutes a compulsory onder part of it.
2. If the participant does not participate or appear for the examination, final interview or group assignment of Onder, the fee must still be paid.
3. When catching up on the exam, group assignment or final interview, the participant/client will owe exam fees again.
4. A reassessment (second opinion) of an exam result and/or final interview can only be requested in case of an unsatisfactory assessment. In this situation, the participant or client will in all cases accept the costs of €95.00 involved in this reassessment.

ARTICLE 4: INTERIM TERMINATION OR RELOCATION

1. If in the opinion of Onder the number of registrations on certain dates or locations is too low, Onder reserves the right to cancel the training course before it starts or to have it take place at another location.
2. In exonderional cases, Onder may reschedule a training day upon request. The decision on whether to reschedule a training session lies with Onder.
3. Premature termination on the grounds of culpable shortcomings is only possible on the basis of a written notice of default sent by registered mail.
4. Dissolution by the client can only take place after Onder has been enabled to repair the shortcomings. Any costs arising from the shortcomings to be repaired shall be borne by Onder. Upon dissolution, all costs shall be accepted by the principal.

ARTICLE 5: PAYMENT TERMS AND TARIFFS

1. Payment shall be made before or on the due date indicated on the invoice. If payment is not made on time, the person liable to pay is in default of the due date. Upon expiry of the due date, Onder will send a payment reminder free of charge and will give the person liable to pay the invoice the opportunity to still pay within 14 days, after receipt of this payment reminder.
   • If payer does not meet the payment obligation(s) on time, Onder will send payer a reminder. Payer will still have 14 days to pay.
   • If the payer has not paid after the expiry of this period, the Onder is entitled to charge statutory interest and extrajudicial collection costs on the amount still due.
   • These collection costs shall not exceed: 15% on outstanding amounts up to €2,500.00; 10% on the following €2,500.00 and 5% on the following €5,000.00 with a minimum of €40.00.
   • Onder may deviate from said amounts and percentages for the benefit of the payer.
2. The cost of the training and the method of payment are stated in the brochure and on Onder's website. At the choice of the individual participant, the training fee may, if and to the extent specified in the brochure description of the respective chosen training course, be paid by payment in instalments or by lump sum payment. The chosen method of payment must be indicated on the registration form and cannot be changed after registration.
3. The payment obligation for the participant is taken over by his/her employer from the moment the registration form, fully completed and co onder signed by the employer, is received at Onder. If the company or institution does not fulfil the payment obligation or no longer agrees to do so, the payment obligation automatically passes to the participant.
4. All rates quoted are exclusive of VAT unless specifically stated otherwise.

5. The rates listed on the website are leading.
6. All fees, unless otherwise stated, include training materials and catering.
7. The trainer has the right to change the prices at any time, on the understanding that after confirmation of a training course, the price valid at that time will continue to apply, unless the training course is cancelled and postponed to a later date (see Article 6), in which case the price valid at the time of the new confirmation will apply. Mentioned prices are in euros, unless stated otherwise.

ARTICLE 6: COPYRIGHT ON COURSE MATERIAL

1. Onder owns the copyright to the teaching materials it provides and compiles (except for books on sale). No part of these teaching materials may be reproduced and/or published zonder written consent of Onder or relevant other authors.
2. Onder shall keep documentation of the assignments it carries out in the manner it chooses, also with a view to possible accountability afterwards and shall ensure that submitted documents cannot be misused.
3. If the participant imputably fails in the execution of Article 5, it will be fully liable for all damages suffered and to be suffered by its counterparty as a result.

ARTICLE 7: APPLICABILITY OF TERMS AND CONDITIONS

1. The conditions apply to all tender activities of Onder. By enrolling, the client expresses his knowledge and acceptance of the general enrolment conditions, enrolment and payment conditions and, where applicable, the provisions of the relevant Onder brochure. These conditions and the provisions of the relevant brochure constitute the entire agreement. Changes and/or additions can only be made in writing.

ARTICLE 8: THE TRAINING DAYS

1. The participant will receive an overview of the training days or evenings and the location where they will take place before the training starts.
2. Of examination requirements of external examination institutes or for reasons of quality improvement, Onder reserves the right to change the training days on an interim basis.
3. Onder reserves the right to occasionally deviate from the training schedule due to planning reasons.

ARTICLE 9: PREVENTION OF TEACHER

1. If a teacher is unable to attend due to force majeure, Onder will provide equivalent replacement if possible. If replacement proves impossible, Onder will inform the participant as soon as possible. 
2. In the event that a teacher is prevented from fulfilling the agreement due to force majeure, Onder shall have the right to suspend the performance of the agreement or to rescind the agreement in whole or in part, at Onder's discretion, zonder that Onder shall be liable to pay compensation for any damage.
3. In case of suspension, Onder will provide alternative dates to the client as soon as possible.
4. Onder force majeure shall include - but not be limited to - impediments on the part of the teacher, such as impediments due to (personal) circumstances such as illness or death of the teacher or relatives of the teacher and circumstances in weather or traffic causing a delay or impediment of the teacher.
5. Only additional costs for the provision of teaching days resulting from a teacher's inability to attend lie with Onder.

ARTICLE 10: BUSINESS PARTNERS, GUEST LECTURERS AND GUEST SPEAKERS

1. Onder reserves the right to have certain training courses conducted by a Business Partner authorised by it.

ARTICLE 11: SECRECY AND CONFIDENTIALITY

1. If a participant registers for a training course offered by Onder, the personal data will be used to compile a list of participants (personal name, contact details and employer's name if applicable). The data will also be included in the customer database to inform the participant of future training offerings. If a participant objects to the inclusion of data in the customer database, the participant can indicate this by means of a letter or an e-mail (addressed to Opleider). For current contact details, see Article 1 or the website.
2. All information provided by clients and/or participants is confidential to Onder, its staff and faculty. Onder has a privacy statement and adheres to it.

ARTICLE 12 - QUESTIONS AND COMPLAINTS

1. Onder intends to answer the question or complaint as soon as possible and to its full satisfaction. To deal with questions or complaints of an administrative nature or about the content of the training course, Onder can be reached by telephone and e-mail. These questions or complaints will be answered by Onder within 10 working days from the date of receipt. Questions or complaints that require a longer processing time will be answered by Onder by return with a notice of receipt and an indication of when you can expect an answer.
2. Onder will of course do everything possible to avoid errors in your study package and its shipment. Should something nevertheless be wrong, please report it within 10 days of receiving the package. A complaint must be made in good time, fully and clearly described. Complaints not submitted within 2 months are not admissible. If the complaint cannot be resolved in onderling consultation, a dispute arises that qualifies for the dispute resolution procedure in article 12.

ARTICLE 13: DISPUTE RESOLUTION

1. The agreement is governed by Dutch law, unless the law of another country applies under mandatory law.
2. Disputes between participant and Onder regarding the conclusion or performance of agreements relating to services and items to be provided or delivered by Onder may be brought by both participant and Onder before The Disputes Committee for Private Onder Educational Institutions, more information can be found at: www.degeschillencommissie.nl.
3. The Disputes Committee will only consider a dispute if the participant has first submitted the complaint to Onder in accordance with the provisions of Article 11 and this has not resulted in a mutually satisfactory solution.
4. A dispute must be submitted to The Disputes Committee within 12 months of the submission of the complaint in accordance with the provisions of Article 11.
5. A fee is payable for handling a dispute.
6. If participant submits a dispute to The Dispute Commission, Onder is bound by this choice.
7. If Onder wishes to submit a dispute to The Disputes Committee, it must first ask Participant in writing to state within 5 weeks whether it agrees to do so. Onder must thereby announce that, after the expiry of the aforementioned period, it considers itself free to submit the dispute to the ordinary courts.
8. The Disputes Committee shall rule in accordance with the provisions of the regulations applicable to it. The decision of The Disputes Committee shall take the form of a binding opinion.

General terms and conditions for training, version March 2023