General conditions

Scope:

The following conditions apply to all courses and courses that are taken at TiaT Europe B.V. For inspections you can request the general conditions via the contact form.

Article 1. Definitions

In these conditions, the following definitions apply:

1. Buyer: The person who has entered into a contract with TiaT Europe;
2. Student: The person who participates in a course, training, tailor-made assignment, information meeting or exam of TiaT Europe;
3. Digital Product: A coherent amount of information in digital form;
4. In-company courses: All training products that TiaT Europe organizes exclusively for one or more clients at the company’s own location;
5. Customization: Any training product that TiaT Europe specifically develops and/or implements on behalf of one or more clients;
6. Client: The person who gives TiaT Europe the task of developing and/or executing tailor-made or in-company courses;
7. Open inscription: All courses and trainings that can be participated in by means of open enrolment, non-customised assignments and in-company courses;
8. Training: Learning paths under that name, consisting of one or more training days and whether or not completed with an exam;
9. Training Products: Collective name for all tailor-made assignments, digital products and courses;
10. In writing: This is understood to also include by fax or by e-mail.

Article 2. Applicability

1. These terms and conditions apply to all agreements between TiaT Europe and the purchaser that relate to doing a training or an exam at TiaT Europe.
2. Additional and/or deviating conditions of the purchaser do not bind TiaT Europe, unless this has been agreed in writing and duly signed.
3. The latest version of the general terms and conditions shall apply to any agreement concluded.

Article 3. Offer and conclusion of the agreement

1. The agreement is concluded by the written consent of TiaT Europe, registration with or assignment to TiaT Europe and acceptance of this registration or assignment by TiaT Europe.

Article 4. Prices

1. The purchaser is liable for the price applicable at the time of entering into the contract.
2. TiaT Europe reserves the right to change its prices.

Article 5. Billing and payment

1. Payments must be made before the start of a training and/or exam and within the term of payment as stated on the invoice.
2. In the absence of timely payment, the purchaser is in default even without notice. In addition to statutory interest, the purchaser in that case also owes the extrajudicial costs, without prejudice to TiaT Europe’s right to charge the costs incurred by it.
3. In the event of non-timely payment, TiaT Europe is entitled to terminate the agreement out of court and to recover any damage resulting from this dissolution from the purchaser.
4. The purchaser shall remain liable at all times for the payment, irrespective of whether the participant concerned has changed jobs.
5. Exam results are only announced after payments have been received. This provision also applies to the provision of an examination report, obtained diploma and/or certificate.

Article 6. Force majeure

1. Force majeure is understood to mean any shortcoming in the performance of the agreement that cannot be attributed to the parties, because it is neither due to the debt of the parties, nor under the Law, legal act or generally accepted practice borne by the parties.
2. In the event of force majeure, TiaT Europe shall not be liable for compensation for possible damage suffered by the purchaser and/or the student, without prejudice to the provisions of article 6:78 BW.

Article 7. Intellectual property rights

1. All intellectual property rights, including but not limited to authors and trademark rights in respect of the training products developed by TiaT Europe, are exclusively assigned to TiaT Europe or to the licensors of TiaT Europe.
2. The customer or student is not allowed to (let) develop or offer a similar training on the basis of the course provided by TiaT Europe, developed curricula and/or the materials used for this or in cooperation with third parties without the prior written consent of TiaT Europe.
3. The customer and the student may use all the teaching materials manufactured and/or made available by TiaT Europe or any other educational work solely for their own benefit. It is not permitted without the prior written consent of TiaT Europe to:
   (a) reproduce and/or disclose educational material or any other educational work in whole or in part; and
   (b) provide, sell or otherwise make available educational material or any other work to third parties.

Article 8. Personal data

1. TiaT Europe uses the (personal) data received from the customer and the students to inform them about training products. The client and the students have the right to object to the further reception of this information.
2. By entering into an agreement with TiaT Europe, TiaT Europe is granted permission for automatic processing of the (personal) data obtained from the agreement.
   – Training will only use these (personal) data for its own activities.
   – Training will manage the (personal) data obtained by it in the manner prescribed by law.

Article 9. Liability

1. TiaT Europe always takes the utmost care with regard to all its training products. In the case of incorrect, incomplete information or other defects, TiaT Europe is only liable for the damage suffered directly. The amount of such damage shall not exceed the price paid by the customer.
2. TiaT Europe is not liable for indirect damages such as consequential damages, lost profits or lost savings, unless there is intent or gross negligence.
3. In the event of a defect on the part of TiaT Europe, the customer does not have the right to suspend and/or offset his or her payment obligation.
4. If there is an attributable shortcoming/default, the client must notify TiaT Europe in writing as soon as possible and within a fixed period of two calendar weeks.

Article 10. Applicable law and disputes

1. The agreement between TiaT Europe and the client is governed exclusively by Dutch law.
2. Any disputes will only be submitted to the Court of Rotterdam, unless statutory provisions require otherwise.

Open Registrations

Article 11. Cancellation by TiaT Europe

1. In case of insufficient registrations, the failure of one or more teachers or the unanticipated non-availability of a reserved course location, TiaT Europe may cancel a course or exam until no later than one calendar week before the start, unless otherwise specified in writing. In case of cancellation, the already paid course amount will be returned entirely by TiaT Europe.

Article 12. Cancellation by client

1. Cancellation of a training and/or exam by the client can only be done in writing.
2. The client is entitled to cancel a registration in writing up to two calendar weeks prior to the course date. In that case, administration costs of € 395.00 are payable. The course amount will be returned by TiaT Europe (if already paid), after deduction of this administration fee.
3. In case of cancellation within two calendar weeks preceding the course date, the full course price is payable.
4. This cancellation policy does not apply when the customer provides a substitute participant.
5. If a participant withdraws during training and/or exam or is absent without a reason, no refund of the course amount will take place. When a new registration is made, the full course price will be charged again.
6. Participants can only once be transferred to a next course free of charge up to three calendar weeks before the start of a training, training and/or exam.
7. When shifting within two calendar weeks before starting or at a subsequent shift, administration costs of €395.00 are payable. The shift must be communicated in writing.
8. With regard to attending an exam, any provisions of the applicable examination regulations will remain in full force and effect.

Article 13. Course Program

1. The course programme is published, amongst other media, on the TiaT Europe website. TiaT Europe reserves the right to make changes to the course program.
2. TiaT Europe reserves the right to change the time, location and place of the course and to replace announced teachers.

Tailor-made and in-company courses

Article 14. Prices

1. The tariffs and agreements relating to tailor-made assignments are always set down in writing between TiaT Europe and the client.

Article 15. Cancellation and modification of appointments

1. If the customer or TiaT Europe is forced by unforeseen circumstances to change the agreed execution or activity data, one shall inform the other immediately after the cause is known and parties will consult with each other to make new arrangements about the implementation dates and what each will do to minimize the consequences of the postponement.
2. Any additional costs incurred as a result of the postponement of the activities shall be borne by the party who is responsible for the cause of the postponement.