Article 1. Definitions
- Client: the natural or legal person with whom an agreement has been concluded regarding participation in a training or workshop.
Participant: the natural person who actually participates in the training or workshop on behalf of the client.
Training or workshop: course, workshop, demonstration, coaching, counseling or any other meeting with the aim of transferring and / or increasing knowledge and / or skills or guiding a process of change.
Public training: training with participation by participant (s) from different companies and / or organizations.
In-company training: training with participation by participant (s) from the same company and / or organization.
Conditions: these general conditions.
Article 2. Applicability
1. The conditions apply to all quotations, general offers, (legal) acts, agreements and the like of The Visual Connection, irrespective of whether these are related to or follow already made offers, general offers, (legal) acts, agreements and such.
2. Changes or additions to the conditions must be confirmed explicitly and in writing by The Visual Connection.
3. A registration in the manner referred to 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 conditions.
4. Applicability of the client's general terms and conditions is excluded insofar as they conflict with these terms and conditions.
Article 3. Registration and confirmation of public training or workshop
1. The client can register for the public training courses or workshops to be provided by The Visual Connection by submitting the fully completed registration form by e-mail, the website post or fax or by telephone registration.
2. The Visual Connection confirms a registration that has been made in the manner as mentioned in the previous paragraph, always in writing (by post, fax, e-mail or otherwise). By sending this confirmation, the agreement regarding participation in the relevant training or workshop is concluded. However, proof of the conclusion of the agreement can also be proven by parties by other means.
3. The order confirmation shows the (content of the) agreement, subject to proof to the contrary.
Article 4. Agreement regarding 'in company' training or workshop
1. The client will request a quote from The Visual Connection for an in-company training or workshop.
2. The agreement with regard to participation in an 'in company' training or workshop is concluded by full acceptance of the offer.
3. The content of the offer serves as a representation of the agreement. Deviating acceptance of the quotation counts as rejection of the original quotation and as an invitation to make a new quotation. The Visual Connection is not obliged to draw up a new offer.
Article 5. Prices of public training or workshop
1. When registering via a registration form or by telephone registration, the prices as stated on the website or in the most recent brochure published or distributed by The Visual Connection apply, regardless of whether the client knows them.
2. When registering by filling in the form via the internet and sending it by e-mail / electronic mail, the prices as stated at the time of registration on the internet apply.
3. The prices include the costs for the training or workshop material, unless stated otherwise.
4. If VAT is applicable to a training or workshop, the prices stated 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' training or workshop
1. The price stated in the offer is only binding during the period of validity of that offer.
2. The offered price includes the costs for the training or workshop material, unless stated otherwise.
3. If VAT applies to a training or workshop, the prices stated are exclusive of VAT and will be charged including VAT.
4. Prices can be adjusted due to unforeseen circumstances.
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 acceptance of the offer as referred to in Article 4 or after participation in a training or workshop as stated in Article 3 or The Visual Connection sends an invoice regarding the training or workshop to the client. The invoice must be paid no later than 14 days after the invoice date.
2. If the client has not paid within the period referred to in paragraph 1 of this article, he will be in default by operation of law without further notice of default being required. In that case, the client will also owe interest of 1% per month, calculated on the outstanding invoice amount, part of a month being considered a whole, without further notice from the due date until the date of full payment.
3. If the client does not pay or does not pay on time, the resulting costs for The Visual Connection will be for the client's account. These costs include all judicial and extrajudicial costs, such as the costs of summons, collection, counsel / lawyer. The extrajudicial costs are set at at least 15% of the amount to be claimed.
Article 8. Transfer of data in-company training or workshop by the client
A training or workshop part of the day can be moved to another date free of charge up to four weeks before the agreed date. If you move less than four weeks - and longer than one (1) week - before the date, 50% of the amount will be charged. If you move within one (1) week before the agreed date, the full training amount is due.
Article 9. Cancellation of participation in public training or workshop by the client
1. Cancellation by the client of the agreement with regard to a public training or workshop is only possible by writing up to four (4) weeks before the planned first training or workshop day.
2. If canceled up to four (4) weeks before the first training or workshop day, € 30 (excl. VAT) will be charged. In case of cancellation from four (4) weeks to one week before the first training or workshop day, 50% of the amount due will be charged as cancellation costs. In case of cancellation within one (1) week before the first training or workshop day, the full amount is due and the client is not entitled to a refund of the amount already paid.
3. Cancellation by the client of the training or workshop agreement after the start of the training or workshop is not possible.
4. Reflection period: cancellation is free of charge within 14 days of registration.
Article 10. Foreclosure of the participant
1. If a participant is unable to participate in the training, replacement by another participant is possible, provided that the replacement is registered with The Visual Connection no later than one (1) week before the (first) training or workshop day. the client does not owe any additional costs.
2. A prevented participant can be transferred on request to the same training or workshop on different dates or dates.
3. If there is no replacement for the unable participant, full costs will be charged.
Article 11. Cancellation by The Visual Connection
The Visual Connection reserves the right to cancel the training or workshop up to three (3) days before the first training or workshop day. The clients are immediately informed about this. The Visual Connection will refund the money paid by the client. If possible, The Visual Connection offers the client an alternative. If the client uses this, the money will not be refunded.
Article 12. Liability
1. The Visual Connection is not liable for any damage caused by or related to participation in a training or workshop of The Visual Connection or the cancellation of the training or workshop agreement by The Visual Connection, unless The Visual Connection deliberately or gross negligence can be blamed.
2. If The Visual Connection is at any time, despite the provisions of paragraph 1, liable for any damage, it will be limited to a maximum of the invoice amount.
3. Indirect damage will not be compensated.
Article 13. Intellectual property
1. The provided training or workshop material becomes the property of the client. The intellectual property rights relating to the training or workshop, the training or workshop material and any other pieces / products related to the training or workshop are reserved by The Visual Connection.
2. Without the express written permission of The Visual Connection, the client is not entitled to disclose, exploit or in any way reproduce data from and / or parts and / or extracts of the provided training or workshop material.
Article 14. Replacement of teacher or trainer
The Visual Connection is at all times entitled to replace a teacher or trainer entrusted with the execution of the agreement by another teacher or trainer. Of course while retaining the quality of the trainer used.
Article 15. Objection
1. The client must make a complaint regarding the execution of the agreement or an administrative procedure associated with the training or workshop known in writing within 8 days after the start of the training or workshop and address it to the director of The Visual Connection . A written response will follow regarding the complaint.
2. Complaints regarding the invoice must be made known in the same manner as mentioned in paragraph 1 within 8 days after the invoice date, after which the settlement will also take place in writing.
Article 16. Complaints procedure
1. A complaint is submitted in writing with the complaint form to be requested via jeroen@thevisualconnection.nl and sent to: advocaten@kouwenaar.nl, hereinafter referred to as the complaints committee.
2. The receipt of the complaint will be confirmed to the complainant in writing within seven working days.
3. The complaints committee is obliged to hear both sides. To that end, the parties will be heard orally and / or in writing about what has been expressed in the complaint. According to the wishes of the Complaints Committee and / or at the request of the parties, the parties can be heard jointly or separately by the Complaints Committee. The Complaints Committee has a duty of confidentiality and will protect the privacy of those involved. A complaint is always treated confidentially.
4. After investigation by the complaints committee, in consultation with the parties, it will decide whether to proceed with mediation and / or assessment of the complaint.
5. The Complaints Committee may decide not to continue to deal with a complaint if it is withdrawn or if it has been removed through mediation to the satisfaction of the complainant - and with the consent of the accused. Or if the complainant does not answer a request for rebuttal within ten days. In that case, the complaint is considered not to have been filed
6. In the event of an assessment, the Complaints Committee will notify the parties in writing of its opinion on the merits of the complaint as soon as possible, ie within thirty working days after the complaint has been lodged. If the Complaints Committee deviates from this period, it will notify the parties thereof, stating reasons, stating the period within which the Complaints Committee will issue its opinion.
7. The statements of the complaints committee are for Training Bureau BlijVision B.V. binding.
8. The complaint will be processed within four weeks and will be dealt with as soon as reasonably possible.
9. Complaints and the manner of handling are registered and kept for a period of 1 year.
Article 17. Applicable law
1. All quotations, general offers, (legal) acts and the like of The Visual Connection and agreements between The Visual Connection and the client are subject to Dutch law.