General terms Polteq test training

These general terms and conditions shall govern all quotations, offers and agreements entered into by POLTEQ to provide training or educations services to our customers.

General Terms and conditions for training or educations services by POLTEQ Test Services B.V. (‘POLTEQ’)

1. General

These general terms and conditions shall govern all quotations, offers and agreements entered into by POLTEQ (“Agreement”) to provide training or educations services (“Training”) to you (“Customer”). Any changes in the terms contained herein must be specifically agreed to by POLTEQ in writing. POLTEQ hereby specifically objects and rejects to any additional or different terms to any of the terms herein (including without limitation any terms or conditions which Customer purports to apply under any purchase order, purchase order confirmation or other document). Quotations or offers sent by POLTEQ to Customer are non binding and will be valid for a period of two weeks unless otherwise indicated in the offer or quotation, and provided that POLTEQ has not previously withdrawn it.  

No order placed by Customer shall be deemed to be accepted by POLTEQ until confirmed by POLTEQ in writing or POLTEQ has began the performance of the Training. If Customer has not received this confirmation at least one week before the beginning of a Training, please contact POLTEQ.   

2. Staff

All Training are deemed to have been given to POLTEQ as an organisation, and any reference to specific POLTEQ personnel in the Agreement is for reference purposes only. POLTEQ reserves the right to assign personnel to perform the Training, and to replace or reassign personnel at any time with other personnel of its choice.  

During the term of the Agreement and for a year thereafter, Customer will not solicit or hire personnel of POLTEQ who were involved in carrying out the Training.  

3. Training 

POLTEQ may add or withdraw a Training from general availability at any time without notice. Training is conducted at locations indicated by POLTEQ. Only if agreed by POLTEQ in writing, POLTEQ will conduct a Training exclusively for a Customer on a Customer site or any other alternative venue (‘On Site Training’).  

POLTEQ is at allowed to exclude a person from participating in a Training. In such case, the related fee will be paid back. POLTEQ may deny a person admittance to a Training if, such person, in the opinion of POLTEQ, misbehaves. The related fee will not be paid back in such case.

4. Cancellation or postponement 

Customer may cancel or reschedule a Training (other than an On Site Training) and be fully released from the related payment, provided POLTEQ has received written notice more than 10 business days in advance. Hereafter, Customer will be charged the full price of the On Site Training, unless notice has been received ultimately 5 business days in advance, in which case Customer will be charged 50% of the On Site Training fee. Delegate substitutions are acceptable provided notice is given prior to the commencement of the Training and that the substitute delegate meets all relevant prerequisites.  

Customer may cancel or reschedule an On Site Training and be fully released from the related payment provided POLTEQ has received written notice more than 20 business working days in advance. Hereafter, Customer will be charged the full price of the On Site Training, unless notice has been received ultimately 10 business days in advance, in which case Customer will be charged 50% of the On Site Training fee. Furthermore, in case of cancellation of an On Site Training less than 20 working days in advance, Customer have to reimburse POLTEQ for all actual cost incurred, including travel and hotel costs. All cancellations/reschedules must be received in writing and acknowledged by POLTEQ.  

In the event that it is necessary for POLTEQ to cancel or reschedule a Training, POLTEQ will endeavour to give a minimum 5 working days notice. In such circumstances all liability by POLTEQ will be limited to the refunding of the original course fee, if it was a paid at the time of cancellation.

5. Compensation and costs 

The fees and prices do not include any taxes and/or duties, including value added taxes. POLTEQ will be solely responsible for its incomes taxes and Customer shall be solely responsible for payment of all other taxes and/or duties.  

Unless otherwise agreed in writing, POLTEQ will be reimbursed by Customer for all travel, accommodation and other expenses incurred in performing of the Training at cost upon invoice detailing actual expenses. References to expenses for performing the Training are estimates only, unless explicitly stated otherwise.

6. Invoicing 

POLTEQ will invoice at the end of each calendar month on the basis of calculation in arrears, unless agreed otherwise in the Agreement. All invoices shall be due and payable 30 days after the date of invoice.  

If the Customer does not pay the amount when due, Customer will be in default without any further notification being required and will owe a late payment interest of 1% per month or the maximum rate permitted by applicable law over the outstanding amount from the date payment is due. Customer will reimburse POLTEQ for all costs, fees and expenses (including legal costs) incurred in connection with the collection of the invoice. If the Customer is in default under any payment obligation, POLTEQ will be entitled to suspend the Training, without prejudice to any other right POLTEQ may have.

7. Intellectual property

POLTEQ or its third party licensors shall own any information, concepts, documentation, proprietary tools, software, methodologies, techniques, improvements, discoveries, developments, inventions, technology or other work products developed in connection with performing the Training and any intellectual property rights therein or thereto. It is not allowed to copy POLTEQ material or to use recording equipment in classes without the prior written consent of POLTEQ.

8. Confidentiality 

Each party agrees to keep confidential and not disclose to any third party any information received from the other party in connection with the Agreement and which the party knows or reasonably should know that disclosure thereof may harm the interest of the other party, with the same care as it would use for its own confidential information. Each party will use such information only for the purposes of the Agreement. Information classified as confidential by one party will in any event be treated as such by the other party. These confidentiality undertaking shall not apply to information that: (a) is already publicly known or becomes publicly known through no act of the receiving party, (b) was already in the possession of the receiving party prior to the commencement of the Agreement, (c) the receiving party had developed independently outside the context of the Agreement without reference to the confidential information, (d) is legitimately received from third parties or (e) is disclosed pursuant to a legal requirement or order.  

POLTEQ may freely make use of general skills, knowledge, methods and technology acquired or developed in the course of performing the Training, whether or not in collaboration with the Customer’s personnel. POLTEQ may use the name of the Customer for reference purposes.

9. Customer’s responsibilities 

POLTEQ’s performance is dependent on Customer’s timely and effective performance of its responsibilities under the Agreement and Customer’s timely decisions and approvals. The responsibility and obligations of Customer under the Agreement include without limitation providing POLTEQ with all information required by POLTEQ to perform the Training in a timely manner and ensuring that all information is accurate and complete.  

Customer accepts that the terms indicated by POLTEQ have been established to the best of its knowledge on the basis of the information available to POLTEQ at the time of making the offer or quotation or entering into the Agreement. A delay in the performance of the Training will not constitute a default of POLTEQ.   

POLTEQ will not be responsible for any failure to properly perform the Training if such failure results from any information not timely provided to POLTEQ or information which was not complete, accurate or current.

10. Claim

In order for a claim to be considered by POLTEQ, Customer must report such claim in writing without undue delay, provided, however that in any event, such claim must be reported within one month after the end of the Training. If Customers fails to report any claim within the stated time limit, the Training will be considered accepted, and any claim shall be deemed waived and will cause Customer to lose all rights to make a claim.

11. Performance of Training 

POLTEQ shall use commercially reasonable efforts to perform the Training. However, POLTEQ does not warrant that the Training will result in the intended results as may be expected by the Customer or that such intended results will have the effect as is mentioned in any document or presentation by POLTEQ for the Customer.  

POLTEQ disclaims any warranties in relation to the Training, whether express or implied, with regard to the Training or otherwise in connection with the Agreement, including all implied warranties of merchantability and fitness for a particular purposes. No information or advice given by POLTEQ shall create a warranty.  

12. Liability 

POLTEQ shall not be liable for any direct, indirect, incidental or consequential loss or damage (including without limitation loss of income, profit, business, work stoppage or loss of data, savings not realised or third party claims) resulting from or arising out of the performance or non-performance of the Training or otherwise in connection with the Agreement, even if POLTEQ has been advised of the possibility of such losses or damages. In no event and under no circumstances shall POLTEQ’s liability arising out or relating to the Agreement for whatever reason exceed fifty percent (50%) of the sums of fees and charges (exclusive of all taxes, duties, costs and expenses) actually paid by Customer for the Training that are subject of the claim.  

Customer shall indemnify and hold POLTEQ harmless for any claims by third parties arising from or in relation to the Training and for which POLTEQ is not liable hereunder. 

13. Assignment 

The Agreement may not be assigned or transferred by Customer without the prior written consent of POLTEQ. POLTEQ may assign its rights and obligations to a successor who acquires substantially all of its relevant assets or business.

14. Law 

This agreement is governed by the laws of The Netherlands. Any dispute arising from in relation to the Agreement shall be exclusively settled by the competent court of the city of Amsterdam, The Netherlands.

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