Terms and conditions Job training
Article 1: Applicability
1.1 These terms and conditions apply to all offers and quotations originating from Jobtraining, as well as to all agreements between Jobtraining and clients concerning the management of company-internal projects and / or participation in these projects, or advice in the broadest sense of the word, hereinafter call ‘assignment’.
1.2 Deviations from these conditions are only binding if and insofar as they have been confirmed in writing by Job Training.
1.3 General purchasing conditions of the client do not apply unless they have been accepted by Job Training in writing.
Article 2: Realization of the assignment
All offers and quotes from Jobtraining are without obligation.
The agreement between Jobtraining and the client is established by the client signing the quote. The agreement ends after completion of the work by Jobtraining and when the payment of the costs thereof has been received by Jobtraining.
Article 3: Cancellation or modification of the assignment by the client
The client has the right to cancel the assignment by letter or telephone. Cancellation or change by the client can be done free of charge up to 8 weeks before the start of the assignment.
In the event of cancellation or change up to 4 weeks before the commencement of the assignment, the client is obliged to reimburse 50% of the quotation amount.
In the event of cancellation or change up to 2 weeks before the start of the assignment, the client is obliged to reimburse 75% of the quotation amount.
In the event of cancellation or change less than 2 weeks before the commencement of the assignment, 100% of the quotation amount must be reimbursed.
The cancellation costs are calculated at the moment that the assignment should commence.
Article 3.1 Cancellation or modification of the assignment by Job training
Job training has the right to cancel or change the assignment by letter or telephone in the event that the trainer is prevented from carrying out the assignment due to force majeure and no other trainer is available. For training courses with an open registration, Jobtraining has the right to cancel the assignment if the minimum number of 5 participants has not been achieved. In the event of cancellation of the assignment by Job Training, no costs will be charged to the client.
Article 4 Cancellation of participation in open training registration by participant
The participant has the right to cancel participation in the training by writing or by telephone.
Unsubscribing for an open registration training by the participant can be done free of charge up to 4 weeks in advance.
When canceling up to 2 weeks before the start of the training, the participant is obliged to pay 50% of the participation fee.
If you cancel 2 weeks or less than 2 weeks before the training, the participant is obliged to reimburse 100% of the participation fee.
Article 5: Cancellation or change of individual guidance or coaching by the client
By way of derogation from Article 3, cancellation or modification of the individual guidance or coaching can take place free of charge up to 4 working days prior to the session.
If you cancel or change between 4 working days and 2 working days prior to the session, 50% of the quotation amount will be charged. If you cancel or change less than 2 business days prior to the session, 100% of the quotation amount will be charged.
Article 6: Replacement
The client or the participant designated by the client may, instead of the registered participant, allow another person to participate in the project in consultation, if this is notified to Job Training before the start date of the project.
Article 7: Prices
All offers from Jobtraining are always without obligation, unless otherwise agreed. Our courses are professional support. For this work performed a VAT exemption applies in accordance with education article 11, paragraph 1, letter o, W, art. 8, dec.
Article 8: Payment
Job training charges the fees due by the client by means of an invoice. Payment must take place on the bank or giro account indicated in the invoice within a period of 14 days, without suspension or settlement due to an (assumed) shortcoming by Jobtraining.
If the client does not pay within the agreed period, he will be in default without any notice of default. From the due date Jobtraining is always entitled to charge the statutory interest. If timely payment is not made, Jobtraining is entitled to immediately suspend the execution of the assignment.
In the event of late compliance, the client is always obliged to compensate Jobtraining for all reasonably incurred judicial and extrajudicial collection costs, which will always include the costs of collection agencies, as well as the costs actually incurred.
and the wages of bailiffs and lawyers, even if they exceed the legal costs to be granted. The extrajudicial collection costs amount to at least 15% of the amount owed by the client, with a minimum of € 113.
With an offer amount of more than € 8,000, the client is obliged to make a deposit of 50% of the offer amount.
Article 9: Suspension and termination
Job training has the right to refuse participation of the client or the participant designated by the client in a project or to suspend the execution of the assignment or to dissolve the agreement, if the client has not fulfilled his payment obligation in time, without prejudice the provisions of Article 7.
Article 10: (Intellectual) property
9.1 The intellectual property of the project material issued by Job Training rests with Job Training unless expressly stated otherwise. Without explicit written permission from Jobtraining, no data from any material will be published by the client and / or be multiplied in any way.
9.2 The copyright on reports, proposals and other documents resulting from the work of Jobtraining also exclusively lies with Jobtraining unless otherwise agreed in writing.
9.3 The ownership of the issued course material rests with the client and course participants.
Article 11: Replacement of trainer
Job training is at all times entitled to replace a trainer who is charged with the implementation of the training by another trainer and ensures a good transfer.
Article 12: Liability
12.1 Job training does not accept any liability towards the client for any damage other than in the case that its liability insurance covers the damage and insofar as the insurer pays out as the case may be.
12.2 Outside the cases referred to in paragraph 1, liability is limited to the amount that is charged for the
damage-causing performance has been charged, or, if it concerns a continuing performance contract, up to the invoice amount over a period of 6 (six) months. In no case will the compensation amount to more than € 11,344.
12.3 Job training will never be liable for damage that is the result of:
– any failure on the part of the client to comply with its obligations, including the provision of sufficient cooperation in the implementation of the agreement.
– incorrect and / or incomplete and / or late information provided by the client. The client is responsible for the accuracy and completeness of the information essential for the project.
12.4 Job training is never liable for indirect damage, including consequential damage, lost profit and damage due to business interruption.
12.5 Job training will not be held liable if the client has the possibility to speak directly to his insurance company or that of a third party with regard to the occurrence of the damage.
Article 13: Takeover of staff
Jobtraining employees are bound by a non-competition clause during employment and for two years after termination of employment, which means that they may not perform work for Jobtraining relations. On that basis, the client is not free during the aforementioned period outside of Jobtraining to employ (former) employees of Jobtraining, or otherwise outside of Jobtraining to make use of their services. This also applies to the situation that the (former) employee is now employed by a third party.
Article 14: Applicable law and competent court
Dutch law applies to every agreement between Jobtraining and a client.
Disputes arising from agreements to which these conditions apply will be submitted to the competent court in Amsterdam.