Terms and Conditions of Training, Online Services, Events and Master Classes
AXVECO B.V. May 14, 2023 – Translation of NL Terms. In the case of any dispute the original NL terms apply.
I. General Provisions
Article 1. Definitions
For any agreement to which these general terms and conditions apply
explained, the following words and expressions are explained as follows:
Activity: all meetings organized by AXVECO, including training, conference, in-company training, presentation, seminar, forum, master class and/or conference, and online activities including webinars and eLearnings;
Participant: the natural person, who is registered as a participant in one of AXVECO’s Activities;
Registration Fee: the cost of participation in an Activity excluding VAT in Euros;
Other party: any person or legal entity that has an agreement with AXVECO.
Cancellation: if a Participant or Counterparty has registered for an Activity, the registration has been accepted by AXVECO, and the Participant or
Counterparty no longer wishes to participate in the Activity.
Article 2. General
2.1 If and insofar as the Other Party is not the same person as the Participant, the Other Party is obliged to ensure that the Participant complies with the obligations that rest with the Participant according to these conditions and the agreement.
2.2 The applicability of terms and conditions of the Other Party is hereby
Article 3. Establishment of the agreement
3.1 All offers and quotations made by AXVECO are without obligation, unless expressly stated otherwise in writing.
3.2 Sending offers and/or (other) documentation to the Other Party does not oblige AXVECO to accept a registration. Non-acceptance will be notified by AXVECO to the Other Party as soon as possible, but in any case within 14 days.
3.3 Registrations are considered accepted by AXVECO only when AXVECO has sent a written confirmation (or email) to the Participant. The agreement with the Other Party is established by this confirmation.
3.4 If the registration limit for an Activity is exceeded, the date on which AXVECO received payment of the Entry Fee will be used as the selection criterion. The non-admitted Participant will be notified as soon as possible.
3.5 Reservation of participation in an Activity by the Other Party is only valid for three weeks and expires after the expiry of that period.
3.6 AXVECO is entitled to transfer the rights and obligations under the agreement or part thereof with the Other Party to a third party. The Other Party then has the right to terminate the agreement with AXVECO.
Article 4. Substitution
A Participant is permitted to be substituted, provided this is made known to AXVECO in writing prior to the start of the Activity.
Article 5. Change of date
5.1 If a Participant is unable to attend on the registered date of an Activity, the Participant may request AXVECO in writing to change Activity dates. This does not apply to eLearnings.
5.2 The Participant may change Activity dates or cancel free of charge up to 1 month before the Activity in accordance with Article 6 of these Terms and Conditions. This does not apply to eLearnings.
5.3 Some Activities will only take place if there is sufficient participation. In the event of insufficient participation – at AXVECO’s sole discretion – AXVECO may cancel the Activity. In this case, the Other Party will be notified no later than one week before the assumed start of the Activity and the Registration Fee already paid will be refunded or set off against any outstanding invoices at the Participant’s request.
Article 6. Cancellation
6.1 Cancellation of an agreement must be made by letter or e-mail.
6.2 Cancellation up to 2 weeks before the date of the Activity is free of charge.
6.3 In case of cancellation within 2 weeks before the date of the Activity, the Participant will be given the opportunity to register for an Activity on another date. In case of full cancellation, 50% of the amount due will be charged.
6.4 If the Contracting Party has not yet paid the registration fee at the time of cancellation of the contract, the Contracting Party continues to owe the registration fee to AXVECO.
Article 7. Payment
7.1 Unless otherwise agreed in writing, payment of the Registration Fee must be in our possession prior to the commencement of the Activity, quoting the invoice number.
7.2 If timely payment is not made, the Participant may be denied access to the Activity.
7.3 In the event that the Other Party:
a. is declared bankrupt, proceeds to divestiture, files a petition for suspension of payments, or has all or part of its property seized,
b. Passes away or is placed under guardianship,
c. Fails to fulfill any of its obligations under the law or these terms and conditions,
d. Fails to pay an invoice amount or any portion thereof within the time specified,
e. Proceeds to discontinue or transfer all or a significant portion of its business
thereof, including the contribution of its business to a company to be incorporated or already existing, or proceeds to change the objective of its business,
AXVECO has the right, by the mere occurrence of any of the above circumstances, either to terminate the contract, or to claim any amount owed by the Customer based on the services provided by AXVECO, immediately and without any warning or notice being necessary in its entirety, all without prejudice to our right to compensation for costs, damages and interest.
Article 8. Interest and expenses
8.1 If payment has not been made in the agreed manner, the Other Party shall be in default by operation of law and from that moment shall owe interest of 1% per (part of a) month on the outstanding amount.
8.2 In case of late payment by the Other Party, AXVECO will claim from the other party the judicial and extrajudicial costs incurred or caused by this. Extrajudicial costs are set at 15 percent of the amount to be claimed.
Article 9. Liability
In no case shall AXVECO be liable for direct damages caused by the giving of Activities, nor for indirect damages, including, loss of profits as a result of the failure to give the Activity or to give it properly, the provision of other services or for any other consequential damages.
Article 10. Force majeure
If AXVECO has to deviate from the agreed Activity date and/or time due to force majeure, it cannot be held liable for any resulting damages, such as travel expenses and hours not worked. Force majeure means: any shortcoming in the execution of the agreement that AXVECO cannot be held responsible for, because it is not due to the fault of AXVECO, nor by law, legal act or generally accepted practice, which makes AXVECO feel compelled to deviate from the date, location or time, such as, but not limited to, the prevention of teachers, speakers or presenters due to illness or epidemic.
Article 11. Documentation
If available, documentation of the Activity may be emailed to Participant after the Activity or made available online. This is done upon request and only upon payment of the invoice.
Article 12. Personal data
12.1 The personal data collected by AXVECO will be processed in the context of AXVECO’s business operations, for the purposes of executing the Agreement, complying with legal obligations, preventing, detecting and combating fraud or irregularities, complaint handling, market research and personal approach to the Other Party and Participants to promote information about AXVECO’s Activities.
12.2 The Other Party and the Participant have a right of inspection and correction with respect to the personal data recorded about them. In addition, the customer has the opportunity to object to AXVECO against processing operations to be specified.
12.3 AXVECO will only provide data to third parties if required by legal regulations, on the basis of urgent and weighty reasons, insofar as the privacy of the Other Party and the Participant is not disproportionately harmed by this and/or if AXVECO transfers the rights and/or obligations under this Agreement or part of it to a third party in the sense of Article 3.6.
Article 13. Disputes and applicable law
13.1 All disputes between the parties arising from the agreement or directly or indirectly related thereto shall be adjudicated in the first instance by the competent court in Utrecht.
13.2 These general conditions as well as all agreements, to which these general conditions apply, are governed by Dutch law.
Article 14. Intellectual property
14.1 The copyright on work created by AXVECO (including presentations, videos, online files and documentation), whether or not within the meaning of Article 1 of the Copyright Act of 1912, rests with AXVECO.
14.2 The Other Party and Participants are not entitled to use and/or distribute these pieces of work – in whole or in part – outside the scope of the Activity of AXVECO, unless prior written permission has been obtained from AXVECO.
II. Incompany Activities
Article 15. Provisions incompany Activities
The provisions stated in this incompany chapter are applicable, in addition to Articles 1, 2, 3, 7.3, 8, 9, 10 12, 13 and 14 of the General Provisions of these General Terms and Conditions, if AXVECO provides an incompany Activity to a Contracting Party. The other General Provisions do not apply.
Article 16. Cancel incompany Activity
16.1 Cancellation of an agreement must be made by letter or e-mail.
16.2 Cancellation in the period between the formation of the agreement and 1 month before the date of the incompany Activity, the Other Party will owe AXVECO 40% of the agreed price.
16.3 For cancellation between 1 month and 2 weeks before the date of the Activity, the Other Party will owe AXVECO 80% of the agreed price.
16.4 In case of cancellation within 2 weeks before the date of the Activity, the Other Party will owe AXVECO 100% of the agreed price.
Article 17. Change date incompany Activity
If the Other Party wishes to change the date of the incompany Activity, the arrangement under Article 16 (canceling incompany Activity) of these General Terms and Conditions shall apply.
Article 18. Payment incompany Activity
18.1 Unless otherwise agreed in writing, 50% of the Enrollment Fee will be invoiced at the conclusion of the Agreement, and 50% immediately after the Activity has taken place.
18.2 Invoices must be paid within 30 days of the invoice date, quoting the invoice number.