Terms &amp; Conditions

The following terms and conditions of delivery apply in full to agreements with Competence Training Institute B.V. or Competence Academy B.V.

Article 1: Definition of Terms

In these conditions, the following terms are defined with an initial capital letter:

Client: the natural person or legal entity who negotiates with the Contractor about the granting of an Instruction to perform work or who has in any way (whether or not via the Contractor's website) given an Instruction to perform work.

Contractor: Competence Training Institute B.V. or Competence Academy B.V.

Instruction: the instruction given by the Client to the Contractor for services provided to individual and groups of participants of one organization or Client, for which a separate offer is prepared and in respect of which an Agreement is formed between the Parties.

Training/Course: standard group Training/Courses, online learning programs, meetings as stated in the training guide and on the Contractor's website, where participants can register for training/courses on an individual basis.

Research: research by the Contractor for the benefit of individual and groups of participants of one organization or Client for which a separate offer is made and for which an Agreement is formed between Parties.

Start time of the Training/Course: starting date of the Training/Course.

Start time of the Instruction: the first invoiceable performance of the Instruction.

Cancellation/Rescheduling: ending/rescheduling the Instruction for a Training/Course or the rescheduling of the start time of the Instruction.

Parties: The Client and the Contractor jointly.

Coaching: individual guidance

Article 2: NRTO

The Contractor is a member of the Dutch Council for Training and Education [Nederlandse Raad voor Training en Opleiding (NRTO)]. These general terms and conditions of delivery are in line with the general terms and conditions and the code of conduct of the NRTO.

Article 3: Applicability

3.1 These terms apply to all agreements entered into with the Contractor. The applicability of the general terms and conditions of the Client, by whatever name, are hereby expressly rejected.

3.2 Deviations from these terms and conditions are only binding if and as far as they have been agreed between the Parties in writing.

3.3 If these terms and conditions are also drawn up in a language other than Dutch, the Dutch version will be binding in the event of any dispute.

Article 4: Formation of the agreement

4.1 Training/Course

The agreement between the Contractor and the Client for following a Training/Course is formed by the legally valid signature by the Client of the appropriate registration or application form, or by the written confirmation legally valid signed by the Contractor, or by written confirmation by the Contractor to the Client of their application or Instruction sent by telephone or email.

4.2 Instruction

The agreement between the Contractor and the Client is formed by the legally valid signature by the Client of the offer drawn up by the Contractor, or by the legally valid signature of the written confirmation by the Client, or by the legally valid written confirmation by the Contractor of the telephone registration or Instruction of the Client.

4.3 Non-binding nature of the offer

All offers and quotations of the Contractor shall not be binding until an agreement has been formed between the Parties in respect of that offer.

Article 5: Performance of the agreement

5.1 The Contractor is entitled to:

Change the training or course program in the interim, for reasons of reprogramming of examination requirements of external examination institutes and/or for reasons of qualitative improvement;
Change the Training/Course schedule in terms of place and time;
Cancel a Training/Course in the event of insufficient registrations, or not accept new registrations for an existing Training/Course. Registered participants will be notified of this, after which their obligations will expire and/or obligations already fulfilled will be refunded;
Increase the group size by a maximum of 2 participants in exceptional cases.

5.2 Insofar as the offers submitted by the Contractor are partly based on information provided by the Client, the Client guarantees that it has provided all essential information to the best of its knowledge for the design and performance of the work offered. The Client shall ensure that all data, which the Contractor indicates is necessary or which the Client should reasonably understand to be necessary for the performance of the agreement, is provided to the Contractor in good time. The Contractor will perform the services to be provided by it to the best of its knowledge and ability and in accordance with professional standards and on the basis of the state of the art known at that time.

5.3 The Contractor is not liable for loss of whatever nature as a result of the Contractor’s reliance on incorrect and/or incomplete information provided by the Client unless it should have been apparent to the Contractor that such information was incorrect or incomplete.

5.4 If it has been agreed that the agreement will be performed in phases, the Contractor may suspend the performance of those parts belonging to a next phase until the Client has approved the results of the preceding phase in writing.

5.5 Duration and conclusion of Research

Offers for research from the Contractor are inextricably linked to the design of the work described in the project proposal (from the Contractor). Changes in the design, including with regard to the scope, phasing of the project, the method, analysis, and reporting, which are made in consultation with the Client, may lead to an adjustment of the costs owed.
If interim changes in the performance of the Research occur due to facts or circumstances that are within the Client’s control, the Contractor is entitled to make adjustments to the described Research design if this is necessary for the quality of the services provided. The Contractor is entitled to pass on the associated (additional) costs to the Client.
The Contractor can only indicate in advance on an indication basis how long the lead time for the implementation of a project will be. An agreed period or end date for the work and the reporting is therefore not intended to be a deadline, unless expressly agreed otherwise.
If and as far as required for the proper performance of the agreement, the Contractor is entitled to have certain work carried out by third parties.
A Research agreement is always entered into for a minimum period and/or for a minimum number of (repeat) measurements. Unless otherwise agreed, such an agreement cannot be terminated in the interim. If several (repeat) measurements have been agreed while no specific period has been agreed within which they would take place, a maximum period of 24 months applies, within which a (repeat) measurement must in any case have been started.
If the (repeat) measurement has not been started by the Contractor within the maximum term of the Research, despite the Client having been given the opportunity to do so by the Contractor, the Contractor will invoice the Client for the (repeat) measurement. The price of an unperformed repeat measurement shall, unless otherwise agreed, be the price of the last invoiced (repeat) measurement.
If (repeat) measurements are still outstanding, the invoice date for the last (repeat) measurement sent will also be regarded as the start of a new period as referred to in 5.3e.

Article 6: Cancellation or rescheduling

6.1 Distance contract

If the Client is a private individual, the Client has the right to terminate this agreement without stating reasons during 14 calendar days after the formation of the distance contract. In case of a distance contract that exclusively relates to registration for a Training/Course via website or telephone, the period of 14 calendar days starts on the day of registration.

6.2 Training/course by the Client (if B2B, business market)

1. 1. The Client for a Training/Course is entitled to cancel participation in, or the instruction for, a Training/Course, in writing. The cancellation date is the email date or date of the postmark.

2. 2. Cancellations

Cancellations made less than 28 days before the confirmed course start date will not be eligible for a refund.
Cancellations made until 28 days before the confirmed course start date will receive a 50% refund of the costs.

3. 3. First rescheduling request

Rescheduling requests made until 21 days before the confirmed course start date will be accommodated free of charge.
For rescheduling requests made less than 21 days before the confirmed course start date, a standard rescheduling fee of 50% of the cost per module is applicable.

4. 4. Additional rescheduling request

For subsequent rescheduling requests, a standard rescheduling fee of 50% of the cost per module will be applied.

5. 5. It is possible to replace a participant in the predetermined Training/Course until 3 days prior to the start of the course. A sum of €175 in administration costs will be charged.

6. 6. Above cancellation and rescheduling conditions, are applicable for each registration. In case a complete Intermediate course was booked as a package, the conditions are applicable for this whole package, not separate modules.

7. 7. In case a whole Intermediate package is booked, it is allowed to swap a maximum of one module to another cohort (according to the conditions of article 6.3 and 6.4)

8. 8. If the participant appointed by the Client ceases to participate or does not, or no longer, take part in the Training/Course when the training starts or after it has started, the Client is not entitled to a refund or transfer to a different Training/Course.

9. 9. Competence is not responsible for any additional expenses incurred by participants, such as travel or accommodation costs, in the event of cancellation or rescheduling.

10. In case you decide after Fundamentals that the program doesn’t meet your expectations and you don’t want to continue, you’ll have a maximum of 1 week after Fundamentals to cancel the Intermediate without extra costs.*

6.3 Training/Course by the Client (if private individual/consumer)

The private Client for a Training/Course is entitled to cancel participation in, or the Instruction for, a Training/Course in writing. The cancellation date is the email date or date of the postmark.
Cancellation

Part of the costs will be charged in the event of cancellation before the confirmed course start date according to the graduated scale below:

When cancelling up to two months before the start: 10% of the costs.
When cancelling between two months and one month before the start: 20% of the costs.
When cancelling between one month and 21 days before the start: 30% of the costs.
Cancellations made less than 21 days before the course start date will not be eligible for a refund.

3. First rescheduling request

Rescheduling requests made until 21 days before the confirmed course start date will be accommodated free of charge.
For rescheduling requests made less than 21 days before the confirmed course start date, a standard rescheduling fee of 50% of the cost per module is applicable.

4. Additional rescheduling request

Part of the costs will be charged in the event of any additional rescheduling requests before the confirmed course start date according to the graduated scale below:

When rescheduling up to two months before the start: 10% of the costs per module.
When rescheduling between two months and one month before the start: 20% of the costs per module.
When rescheduling between one month and 21 days before the start: 30% of the costs per module.
When rescheduling less than 21 days before the start: 50% of the costs per module.

It is possible to replace a participant in the predetermined Training/Course until 3 days prior to the start of the course. A sum of €175 in administration costs will be charged.
Above cancellation and rescheduling conditions, are applicable for each registration. In case a complete Intermediate course was booked as a package, the conditions are applicable for this whole package, not separate modules.
In case a whole Intermediate package is booked, it is allowed to swap a maximum of one module to another cohort (according to the conditions of article 6.3 and 6.4)
If the participant ceases to participate or does not, or no longer, take part in the Training/Course when the training starts or after it has started, the private Client is not entitled to a refund or transfer to a different Training/Course.
Competence is not responsible for any additional expenses incurred by participants, such as travel or accommodation costs, in the event of cancellation or rescheduling.
In case you decide after Fundamentals that the program doesn’t meet your expectations and you don’t want to continue, you’ll have a maximum of 1 week after Fundamentals to cancel the Intermediate without extra costs.*

6.4 Incompany/Inhouse Project

The Client for an Incompany/Inhouse project has the right to cancel the Instruction in writing. The postmark date, serves as the cancellation date.
Cancellation

The Client may cancel the assignment free of charge up to 8 weeks prior to commencement.
If the Client cancels the assignment up to 4 weeks prior to commencement, the Client is obliged to pay 50% of the quotation amount.
If the Client cancels the assignment up to 2 weeks prior to commencement, the Client is obliged to pay 75% of the quoted amount.
In case of cancellation less than 2 weeks before the commencement of the assignment, 100% of the quoted amount must be paid.
For custom programs, in case of cancellation of the order, all start-up and design costs and other costs incurred will be charged to Client.
The cancellation fee will be charged at the time the assignment would have been started.

Rescheduling

If the assignment is rescheduled within the aforementioned period of 8 weeks, this will be considered a cancellation.
For rescheduling after a schedule has been confirmed by the Client, more than 8 weeks before the start of the assignment, 5% of the price of the scheduled programs will be charged.
In case of a rescheduling for one or more participants within the Incompany/Inhouse group, our general cancellation and rescheduling conditions are applicable (see article 6.2).

6.5 Coaching

Cancellation of coaching by the Client or the participant designated by the Client is free of charge up to 4 working days prior to the start of coaching.
When cancelling or changing between 4 working days and 2 working days prior to the start of coaching, 50% of the quoted amount will be charged.
When cancelling or changing less than 2 working days prior to the start of coaching, 100% of the quoted amount will be charged.

Article 7: Cancellation or change by the Contractor

The Contractor is entitled to cancel the Training/Course or to refuse participation of a Client or the (replacement) participant appointed by the Client without having to state reasons, in which case the Client is entitled to a refund of the full amount it paid to the Contractor.

Article 8: Prices

Prices are non-binding unless included in a written agreement as referred to in Article 4. The most current prices can be found on the website www.competence.org.

Article 9: Payment Training/Course, Instructions, or Research

9.1. The Contractor will charge the payment owed by the Client by means of an invoice. The Client must make the payment due no later than 30 days after the invoice date in the manner indicated by the Contractor, without the Client being able to invoke suspension or set-off due to a (presumed) shortcoming in the performance of the instruction accepted by the Contractor to which the invoice relates, unless expressly agreed otherwise. If the invoice is sent by the Contractor to the Client less than 30 days prior to the Training/Course, Instruction or Research, the Client must arrange immediate payment, in any case prior to the (first) date on which the Training/Course, Instructions or Research takes place. In the event of no, incomplete or late payment, the Contractor may refuse the Client access to the Training/Course in accordance with the provisions of Article 9.5.

For special promotions such as last minutes, the payment owed must also been made before the start of the Training/Course.

9.3. The travel and arrangement/accommodation costs as well as recommended literature in connection with participation in a Training/Course or instruction are not included in the course price, unless expressly agreed otherwise in writing.

9.4. If the Client does not pay the invoice(s) sent by the Contractor within the agreed term, it will be in default without any notice of default being required. From the due date, the Contractor is always entitled to charge the statutory interest and the collection costs actually incurred in accordance with the Voor Werk II report [containing guidelines for calculating extrajudicial collection costs], without prejudice to the Contractor's right to compensation for other loss attributable to the Client.

9.5. If the Client is in default as a result of late and/or incomplete payment, the Contractor is entitled to immediately suspend the performance of the Instruction, including the right to refuse participation in the Training/Course.

Article 10: Suspension and termination

Both parties may terminate the agreement in writing at any time. In that case the parties must observe a reasonable notice period. Terms and conditions are applicable as stated in article 6.2 and 6.3.

The Contractor has the right to refuse the participation of the Client, or the participant designated by the Client, in a Training/Course or (customised) Instruction or to suspend the performance of the Instruction if the Client has not fulfilled its payment obligation on time, without prejudice to the provisions in Article 14.

Article 11: Copyright

11.1 Models, techniques, tools, including software, used in the performance of the work, and included in the result, are and remain the property of the Contractor. Publication may only take place after permission has been obtained from the Contractor. The Client has the right to reproduce documents for use within its own organization, as far as this is in line with the purpose of the Instruction. The copyright on brochures, project material and training and course material published by the Contractor remains vested in the Contractor, unless another copyright holder has been indicated in the work itself.

11.2 The copyright on everything arising from the Contractor's work, including but not limited to proposals, reports, statistics, research data, data files and other documents and generated data, vests solely in the Contractor, unless otherwise agreed in writing. The Contractor also retains the right to use the knowledge gained through the performance of the work for other purposes, as far as no confidential information is disclosed to third parties.

Article 12: Takeover of personnel

The Contractor's employees are bound by a non-competition clause during the employment and for two years after the termination of the employment, which prohibits them from carrying out work for the Contractor's business relations. As a result, the Client is prohibited, without the Contractor's prior written permission, from employing current and former employees of the Contractor during the aforementioned period, or from making use of their services in any other way, in whatever legal form, for no consideration or against payment. This also applies to the situation in which the former employee is employed by a third party.

Article 13: Liability

13.1 The Contractor will carry out the Instruction to the best of its knowledge and ability and in accordance with the of the Netherlands Council for Training and Education (NRTO). By doing so, the Contractor guarantees the good quality of the performance of the work.

13.2 The Contractor accepts no liability whatsoever towards Client for any damage/loss except in the event that its liability insurance covers the loss and as far as the insurer pays out in the relevant case.

13.3 Outside the cases referred to in paragraph 2, liability shall be limited to the amount invoiced for the performance causing the damage/loss or, if it concerns a continuing performance agreement, to the invoice amount over a period of 6 (six) months. Under no circumstances will the compensation amount to more than €11,344 excl VAT.

13.4 Insofar as sports and comparable activities form part of the agreement entered into with Contractor, participants in such activities must assess for themselves whether they are physically and conditionally capable of participating responsibly in such activities. The Contractor expressly excludes any liability for damage/loss as a result of participation in such activities, both towards the Client and towards the Participant. The provisions of paragraphs 2 and 3 of this article shall apply accordingly.

13.5 Any liability on the part of the Contractor for indirect damage/loss, including consequential damage/loss, lost profit, and loss due to business interruption, is explicitly excluded.

13.6 The Contractor will never be liable for damage/loss resulting from:

Any failure by the Client or the participant(s) designated by the Client to fulfil their obligations, including insufficient cooperation in the performance of the agreement.
Incorrect and/or incomplete and/or late information provided by the Client. The Client guarantees the correctness and completeness of the information that is essential for the project.
The Contractor is not liable for possible consequential loss/damage due to the implementation in the organization of the Client or participant of exam projects produced by the participant during the training, such as plans of approach, practical assignments, etc.

Article 14: Personal data processing

14.1 The basis for personal data processing is the performance of the agreement with the participant/Client as included in these General Terms and Conditions of Delivery.

14.2 The purpose for which the Contractor process personal data is related to the services provided, namely the development, maintenance and provision of training, education, advice, coaching and research, with the aim of personal, team and organizational development.

14.3 All personal data obtained from the participant/Client within the framework of the agreement will be treated as strictly confidential by the Contractor in accordance with prevailing privacy laws and legislation.

14.4 The research data obtained by the Contractor from the Client may possibly be used, in anonymized form, for (scientific) research activities. The data can accordingly be published, whereby no mention is made of the exact origin of the data without the express permission of the Client. By granting the Instruction to the Contractor, the Client also grants the Contractor permission to use the data generated by the Contractor for the purpose described above and in paragraph 2.

14.5 Personal data is entered in the Contractor’s client database and is used to keep the data subject informed of training/courses and other products and services of the Contractor. The data can be made available to all brands of the Contractor. If the participant indicates not to want to receive information other than about their own training, this request will be honored immediately, and the participant's data will no longer be used for this.

14.6 Inspection, correction, and removal

Participants have the right to view, correct or delete personal data. Article 10 of the privacy statement explains how this right can be exercised.

14.7 The processing of personal data provides information about the use of the training and training services and is therefore also used to generate non-personally identifiable information in the form of statistical and other overviews for management, policy, and research purposes.

Article 15: Providing personal data to third parties

15.1 Personal data will never be provided to third parties unless:

With the explicit consent of the data subject.
The law requires this, or the information is requested by the Public Prosecution Service and/or the police in the context of the investigation and prosecution of criminal offences.

15.2 The Contractor may engage third parties to process personal data. The Contractor obliges these third parties to act in accordance with the Contractor's privacy conditions, which are laid down in a document as referred to in Article 14 of the Personal Data Protection Act.

15.3 Personal data will not be sold to third parties.

Article 16: Transfer of data to a third country

For the proper performance of the agreement with the Client/Participant, the Contractor may store personal data in, or transfer it to, countries that do not offer guarantees for an adequate level of protection as referred to in Article 77, paragraph 1 of the Personal Data Protection Act. In doing so, the Contractor will, as far as possible, use a model contract as referred to in Article 26, fourth paragraph, of Directive no. 95/46/EC of the European Parliament and the Council of the European Union, or ensure that one of the other exemption provisions referred to in article 77, paragraph 1 of the Personal Data Protection Act is complied with.

Article 17: Confidentiality

In addition to the provision referred to in 14.3, all Parties are obliged to maintain confidentiality with regard to all confidential information that they have obtained from each other or from another source in the context of the agreement. Information is considered confidential if this has been communicated by the other Party or if this results from the nature of the information.

Article 18: Applicable law and competent court

Any agreement between Contractor and a Client shall be governed by Dutch law. Disputes arising from agreements to which these conditions apply shall be settled by the competent court in Arnhem.

Article 19: Applicable law and competent court

Every agreement between the Contractor and a Client is governed by Dutch law. Disputes arising from agreements to which these terms and conditions apply will be settled by the competent court in Arnhem.

Article 20: Dispute settlement rules (if the Client is a Consumer)

20.1 Disputes between the Client and the Contractor concerning the conclusion or performance of agreements with respect to services and goods supplied or to be supplied by the Contractor may be submitted by both the Client and the Contractor to the Disputes Committee for Private Educational Institutions, more information can be found at .

20.2 The Disputes Committee only handles disputes if the Client first went through the Contractor’s internal complaints procedure and this did not result in a solution that is satisfactory to both parties.

20.3 A dispute must be submitted to the Disputes Committee within twelve months after submission of the complaint in accordance with the internal complaints procedure.

20.4 A fee is owed in connection with the handling of a dispute.

20.5 In the event Client submits a dispute to the Disputes Committee, the Contractor will be bound by this decision.

20.6 If the Contractor wishes to submit a dispute to the Disputes Committee, it will be required to first request the Client in writing to declare within 5 weeks whether the Client agrees to this. The Contractor is required to indicate in this connection that it considers itself free to submit the dispute to the ordinary courts after the aforementioned period has ended.

20.7 The Disputes Committee delivers a decision with due observance of the provisions of the regulations that apply to it. The decision of the Disputes Committee is provided in the form of a binding opinion.

20.8 The provisions of paragraphs 1 up to and including 7 of this article do not apply only in those cases in which binding statutory dispute settlement rules are provided for in respect of formal education.

ADDITIONAL TERMS AND CONDITIONS FOR ONLINE OFFERS

Article 21: General

21.1 These additional provisions only apply to Instructions that are carried out by the Contractor via the learning platform.

21.2 Subject to and as far as expressly deviated from below, the above Terms and Conditions of Delivery of the Contractor also apply in full to the online offer;

21.3 Without prejudice to other options, the applicability of the (additional) terms and conditions of delivery shall in any case (also) ensue from the acceptance of such by the (potential) Client by (each time) ticking those terms and conditions box before the (potential) Client is granted access to the online application.

Article 22: Definitions of terms

In addition to the provisions of Article 1, the following terms shall apply to online offers:

Learning platform: the Contractor's internet application through which a Client can (provisionally) access the Contractor's online offer on terms and conditions defined by the Contractor, as far as an agreement has been formed for this purpose between the Client and the Contractor;

Personal goal-setting interview: the questionnaire completed on the Contractor's initiative and after the subsequent telephone conversation between a potential Client and an E-coach in which it is considered and established whether the online learning programme the potential Client is interested in actually matches their interests and/or abilities;

E-coach: the person appointed and equipped by the Contractor who is appointed to guide and coach online participants;

Online participant: the natural person, whether or not (themselves) the Client, who follows or has registered for an Online learning programme at the Contractor via online applications;

Online learning programme: the course or training selected by an Online participant via an Online application from the Online offer of the Contractor;

Online academy: all modules and learning programmes offered by the Contractor via internet applications, which can be registered for either by written or digital means;

Registration: the written or digital registration of a Client addressed to the Contractor, aimed at the formation of an agreement to follow an Online learning programme or training, pursuant to which the Client is granted provisional access to the Learning Platform.

Article 23: Cancellation policy

Contrary to the provisions of Article 6 and in addition to the provisions of Article 7, the following cancellation policy applies to the Online Offer:

Through Registration, an agreement is formed between the Client and the Contractor with regard to one (or more) Online learning programme(s);
The agreement referred to in Article 23.1 is formed under the resolutive condition, to be invoked by both parties, of a negative outcome of the personal goal-setting interview;
Up to and including the personal goal-setting interview, cancellation of the Registration by the Client can take place free of charge;
If the outcome of the personal goal-setting interview means that the Contractor wishes to continue the agreement, it will send the Client a confirmation for placement as soon as possible, followed by an invoice, with which the resolutive condition as referred to in Article 25.1b lapses;
If the outcome of the personal goal-setting interview means that the Contractor does not wish to continue the agreement, the Contractor will send the Client an email as soon as possible thereafter in which this decision, which is deemed to be an invocation of the above-mentioned resolutive condition, is confirmed to the Client.

Article 24: Other provisions

24.1 The access to the Account granted by the Contractor to the Client upon Registration is strictly personal and may only be used by the Client/participant themselves, or, if it is a legal entity, exclusively by the Online participant. In the event of violation of the provisions of this paragraph, the Contractor is authorized to deny the Online participant and/or the Client (further) access to the Learning Platform MijnSN.nl without being obliged to pay any compensation, including any refund of that which has been paid by the Client in the context of the Registration;

24.2 All intellectual property rights with regard to the Online offer and/or the learning platform and/or the Online learning program and/or the Contractor's website belong expressly and exclusively to the Contractor. Neither the Client nor the Online participant are entitled to take over any (part) of it without the Contractor's prior written permission and/or transfer it to third parties and/or use it or have it used for other purposes than those for which the Contractor has granted permission. In the event of violation of the provisions of this paragraph, the Contractor is entitled to deny the Client (further) access to the Learning Platform without being obliged to pay any refund of that which has been paid by the Client in the context of the Registration. In the event of violation, the Client and/or the Online participant are liable for all losses arising for the Contractor as a result.

24.3 If and as far as an Online learning program or module consists of several course or training components to be delivered by the Contractor via Leerplatform, these will be deemed to have been delivered to the Client the moment they are digitally made available to the Client by the Contractor. The recording of that moment in the (digital) administration of the Contractor constitutes conclusive evidence for this. Announcements by the Contractor regarding the intended delivery thereof are deemed to contain target terms only. The Contractor cannot be held liable for loss as a result of failure to meet those terms.