Terms and conditions
General terms and conditions for training courses
Article 1. Applicability
1.1 These general terms and conditions apply to all quotations regarding training courses (with the exception of the MDFT [Multi Dimensional Family Therapy] training programme) provided by Stichting Jeugdinterventies [Youth Interventions Foundation (SJI)] and all related actions, both of a preparatory as well as an implementing nature.
1.2 Any departure from these terms and conditions shall only be binding if and to the extent that they have been confirmed by SJI in writing.
1.3 The applicability of the client’s procurement or other terms and conditions are expressly rejected.
1.4 If any provision of these general terms and conditions becomes null or void, the remaining provisions of these general terms and conditions shall remain in full force and effect.
1.5 SJI reserves the right to change these general terms and conditions unilaterally. The client shall be informed of any change in the terms and conditions prior to them coming into effect.
Article 2. Quotation and agreement
2.1 A quotation shall be valid for a maximum of 14 days, unless expressly stated otherwise in the quotation. Acceptance of the quotation after the specified term shall not have any binding consequences for SJI.
2.2 The agreement between the client and SJI shall be established by the client signing the quotation.
2.3 The client guarantees that the information it provides SJI on which SJI bases its quotation and/or statements is accurate and complete.
2.4 We shall only be bound by verbal commitments after we have confirmed these verbal commitments expressly and in writing.
Article 3. Duration and termination
3.1 The training courses shall always be followed during the period defined in the quotation between the parties.
3.2 The training courses shall end upon the expiry of the period agreed in the quotation or if SJI has performed the services specified in the quotation.
3.3 A training course that has been undertaken for a fixed term or with a view to services that end by their nature upon completion by SJI may not be terminated prematurely.
3.4 Either of the parties shall only be entitled to cancel the quotation because of a shortcoming in fulfilling the obligations from the quotation, after the other party has been given notice of default. The notice of default in respect of the other party must contain the most detailed possible written information and a reasonable period must be offered to remedy the shortcoming. Payment obligations on the part of the client qualify has an essential obligation.
3.5 Either of the parties may cancel the quotation in writing, in whole or in part, with immediate effect, without notice of default if the other party is granted suspension of payment, a petition for bankruptcy is filed with respect to the other party, another party’s company is liquidated or discontinued for any reason other than reconstruction or company merger, or if there is a change in the decisive control of the client’s company. SJI shall never be obliged to refund any monies received or to pay any damages because of this cancellation. In case of bankruptcy, the right to access all that SJI has made available to the client shall lapse by operation of law.
Article 4. Registration and cancellation by client
4.1 A registration for a training course to be provided by SJI that is specified in the quotation, shall be binding after the client has signed the quotation.
4.2 The client is entitled to cancel participation in a training course, or to cancel the order for a training course, provided this is substantiated in writing.
4.3 In the event of cancellation more than one month before the training course commences, the client shall be obliged to pay 20% of the agreed total amount.
4.4 In the event of cancellation one month to two weeks before the training course commences, the client shall be obliged to pay 50% of the agreed total amount.
4.5 In the event of cancellation less than two weeks before the training course commences, the client shall be obliged to pay 75% of the agreed total amount.
4.6 If the client or the participant appointed by the client discontinues participation early after the training course has commenced or otherwise does not participate in the training course, the client shall not be entitled to any refund and shall be obliged to pay the full amount.
Article 5. Cancellation by YIF
5.1 In the case of open registration training programmes or courses, SJI is entitled to cancel a training course or to refuse a participant appointed by the client without giving any reason, in which case the client is entitled to a refund of the full amount paid within 14 days.
5.2 SJI is entitled to change the training location.
5.3 If the number of participants is fewer than the minimum number, SJI shall consult the client regarding the continuation/cancellation/postponement of the training programme.
Article 6. Communication
6.1 The client shall render SJI all assistance and provide all data and information that SJI deems necessary or useful for providing the training course in a timely manner.
6.2 If it has been agreed that the client shall provide SJI with equipment and/or materials, these shall meet the specifications that SJI shall convey to the client.
6.3 The copyrights for texts, visual materials and ICT applications belong to SJI. All intellectual property rights to everything on which basis the quotation/contract has been developed and/or within the framework of the service, including all related materials and documentation, belong to SJI.
6.4 Questions of an administrative nature shall be answered within one week. Should a letter require a longer processing time, then we shall send the client an indication of when a reply can be expected within one week of receiving the letter.
Article 7. Changes
7.1 SJI shall take all requests for change(s), supplement(s) and correction(s) to the agreed arrangements under consideration. SJI is, however, under no obligation whatsoever to take up any request for change(s), supplement(s) and corrections.
7.2 If a change(s), supplement(s) and/or correction(s) to the arrangements is taken up, this shall be confirmed in writing.
7.3 If SJI agrees with the change, supplement or correction to the agreed arrangements, such a change, supplement or correction may influence the agreed price and/or time of execution or delivery. SJI shall always charge the client for additional work and extra deliveries in accordance with the applicable rates. Less work may indeed result in a reduction of the agreed price, however SJI reserves the right to charge the costs SJI incurs, as well as the loss in come, to the client.
7.4 SJI shall always inform the client of any changes to the general terms and conditions during the term of the contract.
Article 8. Confidentiality
Both parties are obliged to maintain secrecy concerning all confidential information that they obtain from each other or from another source within the context of their agreement. Information shall be deemed confidential if this is indicated as such by the other party or if this is derived from the nature of the information. In the event that an agreement is terminated, for any reason whatsoever, the confidentiality obligations shall continue to apply.
Article 9. Price and payment
9.1 The amounts in the quotations are not subject to VAT. SJI is officially exempt from charging VAT, because it satisfies the Quality Code for Training Institutes for Short Vocational Training and is listed in the Central Short Vocational Training Register.
9.2 Unless SJI expressly states otherwise in writing, payment for the work performed and/or products delivered by SJI has to be made within 14 days after the invoice date.
9.3 If the client fails to pay an invoice within the specified payment term, SJI is entitled to charge the applicable daily interest on the invoice amount per month or a part thereof, without any reminder or notice of default being required, calculated from the due date. If and as soon as SJI subsequently passes the claim for collection on to a third party, the client shall also owe SJI the sum of all collection-related costs, judicial and extrajudicial, which shall be set at 15% of the amount to be collected subject to a minimum of € 500 per unpaid invoice.
Article 10. Copyright
The copyright to brochures issued by SJI and the project and course material belong to SJI, unless another copyright owner is mentioned in the material. The client shall not publish or reproduce in any other way any data from parts of and/or extracts from material without SJI’ express written consent.
Article 11. Liability
11.1 SJI’ total liability due to an attributable failure to fulfil the obligation is limited to a maximum amount of the price stipulated for the quotation.
11.2 Unless compliance by SJI’ is permanently impossible, SJI shall only be liable for an attributable failure to fulfil the obligation if the client gives SJI written notice of default, setting a reasonable term in which the failure can be remedied and if after this term, SJI still fails to fulfil its obligations.
The notice of default should contain a full and as detailed as possible description of the failure, so that SJI is given the opportunity to respond adequately.
11.3 Any right to compensation is always subject to the condition that the client informs SJI of the loss in writing and as soon as possible after it has arisen. Any claim against SJI shall lapse by the mere expiry of twenty-four months after the loss has arisen.
11.4 Neither of the parties is obliged to fulfil any obligation if it is prevented from doing so because of force majeure.
11.5 The liability for damages for SJI is limited to the additional costs that the client has to incur because another party has to complete the unfinished order. Nor shall SJI be liable for any delay in performing the agreed activities. Furthermore, any liability for loss of profits is expressly excluded.
11.6 SJI shall not be liable for damage that has been caused by any act or omission on the part of the client itself or by persons, which the client has appointed or for which the client is otherwise responsible.
11.7 The client indemnifies SJI and its personnel or external parties that give training programmes or courses on behalf of SJI against claims from third parties.
Article 12. Disputes
Irreconcilable disputes between the parties shall be put before the court in the district where SJI is established. The laws of the Netherlands are applicable.
Article 13. Cooling-off period
The participant has a cooling-off period of fourteen days.
Article 14. Complaints procedure
14.1 If the client has a complaint, the client may avail of mediation and appeal. The client shall be sent a confirmation of receipt no later than four working days after we have received the complaint. We shall respond to the complaint within 4 weeks. If it is not possible to respond to the complaint within 4 weeks, the client shall be sent a substantiated written notice about the period in which the complaint can be dealt with.
14.2 If the client has a complaint, it can make this known via the ‘contact’ section on our website. Complaints shall be forwarded to the ‘ombudsman’ (currently Mr R. Hermanides – email@example.com) uncensored. The ombudsman reports to SJI’ executive board, with a copy to the complainant (the person or organisation raising the matter). The ombudsman shall reach a decision within a period of 6 weeks. The ombudsman’s decision is binding for SJI and not for the complainant. SJI shall deal with any consequences within a reasonable period.
14.3 An institute may lodge a written appeal against the ombudsman’s decision with Stichting Jeugdinterventies within 30 days. SJI shall then set up an independent committee, consisting of one person proposed by Party 1 and one by Party 2, and a chairperson requested on the recommendation of the first two members mentioned. This committee shall hear both parties and shall give its binding decision within 6 weeks.
14.4 Complaints shall be treated with confidentiality.
14.5 Complaints shall be kept on file for a period of three years.
Article 15. Guarantee
SJI guarantees that the activities shall be performed competently and to the best of its understanding and ability.
Article 16. Privacy
The details of the course participant that are specified by the client at the conclusion of an offer are used by the Stichting Jeugdinterventions for the administrative completion of the training course.