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General Terms and Conditions

Terms and Conditions apply

1.1 The following General Terms and Conditions govern all agreements that are concluded with de Baak B.V. and the de Baak Administratie B.V. unless the parties explicitly agree otherwise in writing. In the following text “de Baak” is taken to mean “de Baak B.V” or “de Baak Administratie B.V.”, depending on the VAT regulations applicable as mentioned in art 5.1. Third parties engaged by “de Baak” will fall under these Terms and Conditions.

Scope of the obligations

2.1 All agreements that are concluded with de Baak will lead to an obligation for de Baak to perform to the best of its ability. Such agreements will not lead to any obligation for de Baak to achieve a particular result. In this context, De Baak will be obliged to comply with its obligations in a manner that can be expected of it in accordance with the standards of due care and workmanship that apply at the time at which it complies with those obligations.

2.2 If de Baak engages third parties in connection with the performance of an agreement that has been concluded with it, De Baak will be obliged to select such third parties with the same degree of care that the principal would have exercised if the principal had selected those third parties itself.

2.3 Insofar as de Baak must rely on information from the principal or a participant or the cooperation of the principal or a participant in order to properly comply with its obligations, De Baak will be released from its obligations if such information or cooperation is not provided in a timely manner.

Placement/admission

3.1 The training courses (in the broadest sense of the words) that de Baak offers will be given only if a sufficient number of persons register. If more persons register than it is possible for de Baak to place, the participants will be placed in the order in which they have registered.

3.2 An interview (telephone or otherwise) can be obligatory for admission and serves as a kick-off moment for the program. In this interview the learning objectives and needs can be aligned.

Cancellation, dissolution, and termination

4.1 Failure to participate in an activity on the date on which the participant has been placed will be considered a cancellation, even if the participant participates in the same activity at a later date, unless the situation referred to in Article 4.2 applies. Notice of cancellation must be given in writing.

Training courses, conference, other courses and events

4.1.1 Administration and cancellation costs in the amount of EUR 155 will be charged in the event of cancellation within three months before the commencement of the activity. 50% of the price will be due in the event of cancellation within six weeks before commencement. The full price will be due in the event of cancellation within three weeks before commencement. A participant who has been placed may be replaced with another participant, with due observance of the provisions contained in Article 3.2.

Customized work and personal coaching

4.1.2 In the event that a training course, conference, or other course (“in company” or otherwise) that de Baak has developed at the principal’s request is cancelled up to one month before it is scheduled to commence, the actual costs that de Baak incurs (to be itemized by de Baak) will be charged. In the event of cancellation within one month before commencement, the first agreed installment will be due in addition to the actual costs that de Baak incurs.

Accommodations

4.1.3 In the event of cancellation within one month before the actual accommodation, 15% of the price will be due. In the event of cancellation within 14 days before the actual accommodation, 35% of the price will be due. In the event of cancellation within seven days before the actual accommodation, 55% of the price will be due. In the event of cancellation within three days before the actual accommodation, 85% of the price will be due. In the event of cancellation within 24 hours before the actual accommodation, 100% of the price will be due.

4.2 If either party commits a substantive breach in respect of its obligations and fails to comply with those obligations within a reasonable term after the other party has explicitly informed it of the breach, the other party will be entitled to terminate the agreement without owing the party that committed the breach any compensation in that respect. The work that has been performed until the time at which the agreement is terminated will be paid for in the customary manner.

4.3 If the agreement that is concluded with de Baak relates to the performance of the same work on more than one occasion, that agreement will be deemed to have been entered into for a term of one year (unless the parties explicitly agree otherwise). Such an agreement will be tacitly extended, in each case for a term of one year. Either party may terminate the agreement in writing three months before such an extension, in which context the parties will not owe each other any compensation whatsoever on the ground of such a termination.

4.4 De Baak has right to cancel or refuse admission by a participant (or replacement) to a training program without any reason. The participant (or replacement) will be refunded the full amount of the admission fee.

Pricing, billing, payment

5.1 All the prices quoted by de Baak are exclusive of VAT, unless explicitly stated otherwise. At the request of the customer a training program can be offered exempted from VAT. If this offer is accepted, de Baak Administratie BV will provide the training program and there will be calculated a surcharge of 10% on the course price. The current prices are listed on the website www.debaak.com.

5.2 Accommodation costs associated with the training are not included in the course price, unless explicitly stated otherwise. The current prices are listed on the website www.debaak.com

5.3 De Baak invoices immediately after commissioning, unless otherwise agreed in the order.

5.4 Payments must be made within 14 days of the invoice date. In the event that payment is not made in a timely manner, default interest will be due at a rate equal to the statutory interest rate, and out-of-court collection costs will be due; the out-of-court collection costs will be equal to 15% of the amount that was not paid on time. The default interest is equal to the statutory interest.

Non-solicitation clause

6. During the performance of the agreement and for a term of one year after the agreement has been terminated, neither party will be permitted to employ any persons who are or were involved in the performance of the agreement on behalf of the other party, to otherwise allow such persons to perform work, or to negotiate with such persons in that respect unless the party in question has received prior written permission from the other party to do so.

Intellectual property rights

7. Insofar as the products and services that De Baak provides in connection with the performance of the agreement are subject to any copyrights, trademark rights, design rights, trade name rights or other intellectual property rights, De Baak will remain the holder (pursuant to licenses from third parties) or the owner of such rights at all times. The principal will acquire only a non-transferable right of use, insofar as that is necessary for the performance of the agreement. The principal may use the material carriers of those rights only for the purpose for which they are provided to it. The principal may not duplicate such carriers or remove any copyrights, trademark rights, design rights, trade names or other marks.

Liability

8.1 De Baak will not be liable for any indirect damage that can be attributed to it. De Baak will be liable for damage that is a direct result of a breach that can be attributed to it only if the breach is the result of an intentional act or omission or gross negligence on the part of De Baak. If De Baak is obliged to compensate damage, such compensation will be limited to the price agreed in the agreement (for a term of one year in respect of continuing performance contracts).

8.2 Insofar as athletic or similar activities constitute part of the agreement that is concluded with De Baak, the persons who participate in such activities must determine for themselves whether they are in suitable physical condition to responsibly participate in such activities.

Registration of persons

9. By entering into an agreement with De Baak, the other party grants De Baak permission to automatically process the personal data that it acquires in connection with the agreement. De Baak will use such personal data only for its own activities. De Baak will administer the personal data that it acquires in the manner prescribed by law.

de Baak B.V.
PO Box 69
2200 AB Noordwijk
The Netherlands
Koningin Astridboulevard 23
2202 BJ Noordwijk
CC number : 27375288

de Baak Administratie B.V.
Postbus 69
2200 AB Noordwijk
Koningin Astridboulevard 23
2202 BJ Noordwijk
CC number: 50354884

Version 3.0 November 2015