1) General
These general terms and conditions apply to all quotations, offers and agreements (“Agreement”) by Polteq Opleidingen B.V. (“Polteq Opleidingen”) for providing training or education (“Training”) to you (“Principal”). These terms and conditions apply unless otherwise expressly agreed in writing. Any purchasing or other terms and conditions of the Client shall not apply. Quotations sent to Client are non-binding and are valid for a period of two (2) weeks, unless otherwise indicated in writing in the quotation. An offer may be revoked by Polteq Opleidingen at any time.
An assignment given by the Client is deemed to be accepted if Polteq Opleidingen has confirmed it in writing or Polteq Opleidingen has begun delivering the Training.
2) Teachers and staff
All assignments are deemed to have been given to Polteq Training as a company and mention of specific teachers in the Agreement is for reference only. Polteq Opleidingen may appoint an instructor to conduct the Training without Client approval, and Polteq Opleidingen may replace an instructor with another instructor at any time without Client approval.
The Principal undertakes not to employ or approach any personnel of Polteq Opleidingen and of Polteq IT Services B.V. who were involved in the Training with the intention of offering such personnel employment during the term of the Agreement as well as for one year after termination of the Agreement.
3) Training and training materials
Polteq Training may discontinue offering a particular Training at any time without notice. The Training will be conducted at locations determined by Polteq Training. Only when agreed in writing will a Training be offered specifically to a particular Client at a location agreed upon with the Client (“In-House Training”).
Polteq Opleidingen is authorized at all times to exclude a student from participation in a Training; in which case the fee paid will be refunded. Polteq Opleidingen may deny a student access to a Training if, in the opinion of Polteq Opleidingen, a person misbehaves. In that case, the fee paid will not be refunded.
4) Cancellation and relocation
The Principal may cancel or reschedule a Training (other than In-House Training) at no cost, if Polteq Opleidingen has received written confirmation of this at least 10 business days in advance. If Polteq Opleidingen is notified in writing later, but at least 5 business days in advance, the Client will be charged 50% of the fee; thereafter, the full fee is due. Client may substitute a student, provided Polteq Opleidingen has been notified prior to the start of the Training and the student meets any requirements for the Training.
Consumers may always cancel a course free of charge within 14 days of booking. This applies even if a company or employer pays for the course for the student and the student makes the booking at his or her own expense.
Client may cancel or, with Polteq Opleidingen’s permission, reschedule an In-House Training if Polteq Opleidingen is given at least 20 business days prior written notice. Only in this case will Client not be charged. If Polteq Opleidingen is notified in writing later, but at least 10 business days in advance, the Client will be charged 50% of the fee; thereafter, the full fee is due. If an In House Training is cancelled or moved by the Client less than 20 business days in advance, the Client will additionally be charged for all travel and lodging expenses that Polteq Training cannot avoid. If Polteq Opleidingen must cancel or reschedule a Training, for example due to the unexpected absence of an instructor or because too few participants have registered, Polteq Opleidingen will strive to notify Principal at least 5 working days in advance. Polteq Training’s liability in that case is limited to the fee paid by the Principal for the Training.
Polteq Training will refund any amounts due upon cancellation within 30 days of cancellation.
5) Compensation and costs
All prices and rates include travel expenses of teachers to and from the agreed location of the Training in The Netherlands, excluding all other expenses and excluding sales tax and other government imposed levies.
6) Billing
Polteq Training will invoice at the end of each month on an after-the-fact basis, unless otherwise specified in the Agreement. Invoices must be paid within 30 days of date to the bank account indicated on the invoice. If the Client fails to pay the amounts due within the aforementioned period, the Client shall be in default without notice of default being required and shall owe statutory interest per month on the outstanding amount. In addition, Client shall be liable for full reimbursement of all costs (including judicial and extrajudicial collection costs) associated with collecting the claim. If the Customer is in default, Polteq Opleidingen may suspend the performance of the Training, without prejudice to any other rights Polteq Opleidingen may have.
7) Intellectual Property
Ownership of all information, concepts, tools, software, documentation, methods, techniques, improvements, inventions, developments, technologies and other works created under the Agreement (“Works”) and all intellectual property rights therein or arising therefrom are vested in Polteq Opleidingen or the party from which Polteq Opleidingen has obtained the right to use them.
The Customer is not permitted to copy material used in the Training or to make (sound) recordings during the Training, unless Polteq Opleidingen has expressly agreed to this in writing.
Training materials provided by Polteq Opleidingen to the Principal are the property of the Principal.
8) Secrecy
The parties shall not disclose to third parties any information received from the other party in connection with the Training that a party knows or reasonably should know that its disclosure may prejudice the interests of the other party and shall treat it confidentially in the same manner as it treats its own confidential information. Each party will use this information only for the purpose of the Agreement. In any case, information designated as confidential by one party shall be treated as such by the other party. Parties are not required to keep information confidential (a) that is generally known or becomes generally known other than through the actions of the receiving party, (b) already in the possession of the Receiving Party before the Agreement was entered into, (c) that the receiving party has independently acquired outside the scope of the Agreement without using the Confidential Information, (d) validly received by the receiving party from third parties, or (e) disclosed pursuant to law.
This confidentiality obligation does not apply to Polteq Training regarding general experiences, methods or techniques used or developed (together with the Client) in the delivery of the Training.
Polteq Training may use the Client’s name as a reference.
9) Principal’s Responsibility
To offer the Training, Polteq Training is dependent on the timely and proper fulfillment of the Client’s obligations and timely decision-making and approval by the Client. The Principal’s obligations include providing all information requested by Polteq Opleidingen in a timely manner and verifying its accuracy and completeness.
The Client accepts that all delivery dates stated by Polteq Opleidingen have been established to the best of its ability based on information known to Polteq Opleidingen when making the offer or entering into the Agreement. The mere exceeding of a deadline does not put Polteq Opleidingen in default. If there is a reasonable expectation that the Training will be delayed, Polteq Training will notify Principal.
Polteq Opleidingen is not liable for not providing the Training on time if this is caused by information provided to Polteq Opleidingen too late or information that is not correct or complete.
10) Complaint Resolution
A complaint will only be considered by Polteq Opleidingen if the Client has submitted it in writing immediately after the alleged damage was discovered or reasonably should have been discovered. In any event, a claim must be submitted within one (1) month of the end of the Training. If the complaint is not submitted in writing by the Client within this period, the Training will be deemed accepted and the Client will lose any right to make a complaint on the matter.
Complaints should be reported to erik.runhaar@polteq.com. Complaints are always handled confidentially. Within 7 working days of receiving the complaint, Polteq Opleidingen will send the Principal a written confirmation thereof. Polteq Training strives to resolve the complaint within 4 weeks. Polteq Training will send a confirmation of this. If more time is needed for the investigation and/or resolution of a complaint, Polteq Opleidingen will explain this in writing within 7 days. It also specifies the time frame in which a solution is expected. Polteq records complaints and how they are handled and will retain this for 3 years.
Appeals
If the Principal is not satisfied with Polteq Opleidingen’s handling of the complaint, the Principal may contact the QualityMasters Foundation (address Edisonweg 10-104, 2952 AD Alblasserdam, for the attention of mr. J.H.H. (Joost) Uytewaal) in writing to request, as an independent third party, a binding opinion on the complaint. The QualityMasters Foundation will treat complaints confidentially and consider and resolve them within 4 weeks of submission. If a longer time is needed to investigate, the Client will be notified within 2 weeks explaining the delay; an indication will also be given as to when QualityMasters Foundation expects to be able to give a definite answer. The QualityMasters Foundation records complaints and the manner of their resolution and will retain this for 3 years. Any consequences of the opinion will be dealt with promptly.
Polteq Training will refund any monies payable within 30 days of resolution of the complaint.
11) Information requests
Questions of an administrative nature or related to a Training will be answered as soon as possible, but at the latest within 2 weeks. Letters requiring a longer processing time will be answered within 4 weeks at the latest with a notice of receipt and an indication of when the Client can expect a detailed response.
12) Delivery of the Services.
Polteq Training will perform the Training with reasonable skill and skill. However, Polteq Opleidingen does not guarantee that its efforts will lead to the result desired by the Client or that this result will lead to the result mentioned in any document or presentation by Polteq Opleidingen or the Client.
Polteq Training makes no warranties, express or implied, with respect to the Training or otherwise in connection with the Agreement, including any warranties of effectiveness, efficiency or fitness for a particular use.
13) Liability
Polteq Opleidingen shall not be liable for indirect damages, including consequential damages, lost profits, lost savings and damages due to business interruption or loss of information arising out of the delivery or failure to deliver the Training or otherwise out of the Agreement, regardless of whether Polteq Opleidingen was advised of the possibility that such damages might occur.
In no event will Polteq Training’s total liability under the Agreement exceed 50% of the total amount paid by the Principal for that Training (excluding VAT and cost reimbursement).
The Client hereby indemnifies Polteq Opleidingen against all third party claims arising from or related to the delivery of the Training, for which Polteq Opleidingen is not liable.
14) Portability
These rights or obligations under the Agreement may be transferred by the Client only with the written consent of Polteq Opleidingen. Polteq Opleidingen may assign the rights or obligations under the Agreement to any party that substantially takes over the business of Polteq Opleidingen.
15) Choice of law
This Agreement is governed by Dutch law. All disputes arising from the Agreement will be submitted to the competent court in Amsterdam.