Client: the natural or legal person with whom an agreement has been concluded with regard to participation in a program(s).
Participant: the natural person who actually participates in the program (part) on behalf of the client.
Program (part): training, workshop, coaching, counselling or any other meeting with the aim of transferring and/or increasing knowledge and/or skills.
‘In company’ program: training program with participation by participants from the same company and/or organisation.
Conditions: these general terms and conditions.
Article 2. Applicability
The terms and conditions apply to all quotations, general offers, (legal) acts, agreements and the like of “Gazing Performance Nederland B.V.” (herein any further: GAZING), regardless of whether these are related to, or follow, quotations already made, general offers, (legal) acts, agreements and the like.
Changes to or additions to the terms and conditions must be explicitly confirmed by ‘GAZING’ in writing.
The acceptance of a tender as referred to in Article 4(2) implies acceptance of the applicability of these terms and annexes.
General terms and conditions of the client are excluded insofar as they are contrary to these terms and conditions.
Article 3. Agreement on ‘in company’ program
In respect of an ‘in company’ program, the client will request a tender from ‘GAZING’.
The agreement with regard to participation in an ‘in company’ program is concluded by integral acceptance of the tender, which is confirmed in writing by ‘GAZING’.
The content of the tender is used as a representation of the agreement. A different acceptance of the tender counts as rejection of the original tender and as an invitation to make a new tender. ‘GAZING’ is not obliged to draw up a new tender.
Article 4. Prices of ‘in company’ program
The program price indicated in the tender shall be binding only during the period of validity of that tender.
The quoted program price does not include expenses, unless otherwise stated. The expense scheme can be found in Annex I.
All prices are exclusive of VAT and if no exemption scheme is applicable including VAT will be charged.
All prices are adjusted annually on 1 January at least according to the inflation adjustment (CBS Consumer Index 2006=100).
Article 5. Payment
After acceptance of the tender as referred to in Article 3, ‘GAZING’ sends an invoice with regard to the program to the client.
Payment by the client must be made in full within 14 days of the invoice date, but no later than before the start of the first training day, without any right to a discount or set-off, at the premises of ‘GAZING’ or by deposit to a bank or giro account designated by ‘GAZING’.
If the client has not paid within the period referred to in paragraph 2 of this article, he is in default by operation of law without further notice of default being required. In that case, the client also owes an interest of 1% per month, calculated on the outstanding invoice amount, without further summons from the due date until the date of full payment, whereby part of a month is considered a whole.
If the client does not pay or does not pay on time, the resulting costs for ‘GAZING’ are at the expense of the client. 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.
If before the start of the program (part) the full payment of the program price has not been received by ‘GAZING’, the participant is not entitled to participate in the program (part), without this absolving the client from the obligation to pay the full program price plus any additional costs.
Article 6. Cancellation by the client
Cancellation by the client of the agreement in respect of a program (part) is only possible by registered letter up to four (4) weeks before the planned first day.
In case of cancellation up to four (4) weeks before the first day, EUR25,- (excl. VAT) will be charged. In case of cancellation from four (4) weeks to one week before the first day, 50% of the amount due will be charged as a cancellation fee. In case of cancellation within one (1) week before the first day, the full amount is due and the client is not entitled to a refund of the amount already paid.
Cancellation by the client of the program agreement after the start of the program is not possible.
Article 7. Impediment of the participant
If a participant is impediment from participating in a part of the program, replacement by another participant is possible, provided that the replacement is notified in time to ‘GAZING’. The client does not owe any additional costs for this replacement.
Article 8. Cancellation by ‘GAZING’
‘GAZING’ reserves the right to cancel the program-day up to three (3) days before the first day. The clients will be informed without delay. ‘GAZING’ will refund the amount paid by the client. If possible, ‘GAZING’ offers the client an alternative. If the client makes use of this, the amount will not be refunded.
Article 9. Replacement teacher or trainer
‘GAZING’ is at all times entitled to replace a coach, teacher or trainer, in charge of the execution of the agreement, with another coach, teacher or trainer.
Article 10. Liability
‘GAZING’ is not liable for any damage caused by or related to participation in a program of ‘GAZING’ or the cancellation of the agreement by ‘GAZING’, unless ‘GAZING’ can be blamed for intent or gross negligence.
If ‘GAZING’ is liable for any damage at any time despite the provisions of paragraph 1, it will be limited to a maximum of the invoice amount.
Indirect damage will not be compensated.
Article 11. Intellectual property
The intellectual property rights relating to the program, the program material and any other documents/products relating to the program are reserved by ‘GAZING’.
Without the explicit written consent of ‘GAZING’, the client is not entitled to disclose, exploit or, in any way, reproduce data from and/or parts and/or extracts of the program material provided.
Article 12. Secrecy
As a condition for providing the information and/or program material to the participant and/or client, the client and participant(s) agree to use the information and/or program materials exclusively for the purpose of implementing the program.
The client and participant(s) do not have the right to provide the information and/or program materials to anyone other than to its employees/agents for whom ‘GAZING’ has given prior approval to the client or to any other person for whom ‘GAZING’ has given prior written approval to the client.
Article 13. Advertising
The client must make an advertisement with regard to the execution of the agreement or an administrative procedure related to the program known in writing within 8 days after the start of the program part and address it to ‘GAZING’. A written response will follow regarding the advertisement.
Advertisements regarding the invoice must be made known within 8 days of the invoice date in the same way as stated in paragraph 1, after which the processing will also take place in writing.
Article 14. Applicable law
Dutch law applies to all tenders, general offers, (legal) acts and the like of ‘GAZING’ and agreements between ‘GAZING’ and the client.
All disputes that arise between the parties as a result of a tender, general offer, (legal) act, agreement and the like, to which these terms and conditions apply or as a result of agreements arising from them, will be brought before the competent court in Arnhem, unless otherwise provided by law.
Annex I: expense settlement:
All reasonable expenses incurred due to the development and/or execution of the program will be charged to the client. Where possible, the expenses are demonstrated with receipts.
The mileage allowance is €0.42 per kilometer.
All parking costs are fully charged.
All taxi costs are fully charged. It is not possible to obtain receipts in every country. In this case, the trainer will confirm the amount in writing.
All airline tickets are fully charged. Our policy is to book airline tickets at the cheapest possible rate. Airline tickets are booked from Schiphol Airport. Flights lasting more than 6 hours are booked business class. If by staying abroad the trainer is forced to travel during a working day before or after the program part,’GAZING’ loads a travel day by €1000,-.
Accommodation costs are fully charged. Hotel bill may also include meals insofar as they are not provided by the client. The hotel bill may also include laundry costs.
Cost of living
If a trainer is away from home for more than 8 hours because of the assignment for the client regardless of whether this is at home or abroad, costs for meals will be charged if these are not taken care of by the client.
If it is necessary to obtain program materials at the place of the training location by means of a courier, the costs for this will be charged. If the trainer is forced to pay for extra luggage due to the weight of the program materials, these costs will be charged.
Translations and layout materials
‘GAZING’ can keep the client informed of the costs incurred per project. If translation and/or formatting work is carried out, the costs including 15 % administration costs will be charged.
‘GAZING’ can be booked on behalf of the client with his approval locations. Bookings made by ‘GAZING’ are fully charged to the client, including 15% administration costs. Location costs must be paid within 7 days of receipt of the location invoice. Costs for cancellations of locations booked with the approval of the client will be borne entirely by the client.