Article 1 Definitions
- Sole proprietorship LifeEngineer, established in Amsterdam Chamber of Commerce number 53430964 is referred to in these general terms and conditions as The Company.
- The other party is referred to in these general terms and conditions as The Client.
- The agreement means the contract of assignment under which The Company, in return for payment of fees and expenses, performs work for The Customer and to which the General Terms and Conditions have been declared applicable.
Article 2 Applicability of General Terms
- These terms and conditions are applicable to all quotations, invoices, work, agreements, deliveries of services and goods and invoices made by or on behalf of The Company to which it has declared these terms and conditions to be applicable, insofar as these terms and conditions have not been expressly varied in writing.
- The Terms and Conditions are also applicable to the actions of third parties engaged by the Company in connection with the order.
- The most recently sent version of these general terms and conditions shall always apply.
- The applicability of the Customer’s general terms and conditions is expressly rejected.
- If one or more provisions of these general terms and conditions should be wholly or partially invalid or declared null and void at any time, the remaining provisions of these general terms and conditions shall remain fully applicable.
Article 3 Offer
- If an offer does not specify a term for acceptance, the offer will expire after 14 calendar days.
- The Company cannot be bound by its offer if the Customer could reasonably understand that the offer, or a part thereof, contains an obvious mistake or clerical error.
- An offer does not automatically apply to follow-up orders.
Article 4 Rates and payments
- The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties explicitly agree otherwise in writing.
- The offer states the package price of the chosen service excluding VAT. Any other additional costs, such as travel expenses, are exclusive.
- Acceptance of the offer creates the obligation to pay, even if the entire course is not completed. Subsequent payment is not possible. Payment in instalments is possible for longer courses, provided this has been mutually agreed upon. The Company is entitled to suspend work until the (next) payment has been made. The payment obligation shall remain in force during the suspension.
- The fees agreed upon at the time of entering into the agreement are based on the price level prevailing at the time. The Company is entitled to adjust the fees annually. It also has the right to adjust the fees if changed circumstances so require. The Customer will be notified of adjusted fees as soon as possible. The Company will not adjust the fees during the term of the purchased programme.
- Invoices are payable within 30 calendar days of the invoice date, unless the parties have agreed otherwise in writing or a different payment term is stated on the invoice.
- If the Customer fails to pay an invoice on time, he shall be in default by operation of law and shall owe statutory interest. The interest on the amount due and payable shall be calculated from the moment that the Customer is in default until the moment of payment of the amount due in full.
- If the Customer is in default of fulfilling his obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the Customer.
- In the event of liquidation, bankruptcy, seizure or suspension of payment of The Customer, the claims of The Company are immediately due and payable.
Article 5 Provision of information
- The Customer shall make all information which is relevant for the execution of the order available to The Company in good time.
- The Customer guarantees the correctness, completeness and reliability of the information made available to the Company, even if it originates from third parties. The Company shall treat the data as confidential.
- The Customer shall indemnify The Company against any damage arising from any failure to comply with the provisions of this Article.
- If the Customer does not make the required information available or does not do so in time and the execution of the order is delayed as a result, the additional costs resulting from this will be at the expense of the Customer.
Article 6 Execution of the Agreement
- The Company shall carry out the order to the best of its knowledge and ability. It shall not be liable for any failure to achieve the result intended by the Customer. The Customer acknowledges that the result of the agreement depends on various factors, including the efforts of The Customer.
- As some of The Company’s services are delivered online, it cannot guarantee that its services will be available at all times and in all locations.
Article 7 Amendment of the agreement
- If, during the execution of the order, it appears that it is necessary to modify or supplement the work to be carried out, the parties will amend the agreement in good time and in consultation.
- If parties agree that the agreement will be changed or supplemented, the time of completion may be affected. The Company will inform the Customer of this as soon as possible.
- Cancellation of an agreement by the Customer concerning the hiring of The Company as speaker is only possible in writing. Cancellation up to eight weeks prior to the agreed date is free of charge; between eight and four weeks cancellation results in the obligation to pay 50% of the agreed costs; if cancellation takes place within four weeks, the full agreed amount will be charged.
- If The Company is unable to speak on the agreed date, the parties will try to agree on a new date in mutual consultation. If this is not possible, the Customer is entitled to dissolve the agreement.
- It is not possible to exchange and/or return purchased digital products, including an online programme and (group) programmes. By ordering and paying for the digital products, The Customer gains access to his purchase. The Customer explicitly agrees that he thereby waives the right to make use of the cooling-off period and the right to withdraw from the agreement.
- In principle, a course is taken for the agreed period and is not automatically extended after the end of it. If the client wishes to end the programme earlier than the minimum duration, the entire payment obligation will remain in force.
- A 1-on-1 session can be rescheduled free of charge up to 24 hours before the start; in case of cancellation within 24 hours, or failure to attend, the session will expire and will be charged as such.
- The Company reserves the right to make changes to the dates and location of an event. In the event that the location or date is changed by The Company, The Customer has the right to cancel within 72 hours of being informed of the change or to register for an event at a later date free of charge. Any refund of monies paid by The Customer shall be made within 30 calendar days of the change.
- If the Customer is unexpectedly unable to attend an event, the following cancellation conditions apply: The Customer is entitled to transfer the proof of purchase to another person as long as this other person meets the same conditions of participation and the new details are communicated to The Company by email at least 72 hours in advance. No refund of the amount already paid is possible.
- Contrary to what is stated in the previous paragraph of this Article, different conditions from an event platform such as “Eventbrite” may apply to the purchase of tickets.
Article 8 Online programmes
- The Company reserves the right at any time to change or discontinue part or all of the functionality of one or more components of online programmes for a specified period of time or permanently. This will be communicated to The Customer at all times.
- In the event of a change as referred to in the previous paragraph of this article, for whatever reason, The Customer is only entitled to a pro rata refund of the amount already paid.
Article 9 Force Majeure
- In the event of force majeure, The Company is entitled to interrupt, move or cancel its work. Force majeure shall include circumstances beyond the Company’s reasonable control, such as illness, accidents or fire, which prevent performance of the agreement, whether temporarily or not.
- If a situation as described in the first paragraph of this Article occurs, the obligations of The Company towards the Customer will be suspended as long as it is unable to fulfil its obligations. If this situation has lasted longer than 30 calendar days, both parties have the right to dissolve the agreement in writing.
Article 10 Liability for Damage
- The Company shall not be liable for any damage arising from this agreement, unless the damage is caused intentionally or through gross negligence.
- The Company shall not be liable for any damage arising as a result of its having relied on incorrect or incomplete data provided by or on behalf of the Customer.
- The Customer is ultimately responsible for checking the quality of the work carried out.
- The Customer remains at all times personally responsible for the application or execution of knowledge or actions as gained during a course, event or online course.
- Entering a location and attending an event is entirely at your own risk.
- In the event that The Company is liable to pay damages to The Customer, the damages shall not exceed the amount paid out by the liability insurance or charged by The Company to The Customer.
- The Customer shall indemnify The Company against all third party claims relating to the services and products provided by The Company.
Article 11 Intellectual property
- The full intellectual property rights to the materials, content and advice made available to the Customer by The Company remain with The Company. This includes but is not limited to all written and spoken texts from events, programmes, podcasts and live training days. The Customer is expressly not permitted to reproduce, publish or make available to third parties the material and documentation provided. Under no circumstances may the Customer use the information commercially, sell it on, or include it in its own programmes.
- Any act in violation of the provisions of this article is considered copyright infringement.
- In the event of an infringement, the Company is entitled to compensation amounting to at least three times the customary licence fee for such a form of use, without losing any right to compensation for other losses suffered.
- The Customer must at all times make the Company aware of any video recordings made during an event. These recordings may not include sound and it is explicitly forbidden to use these recordings for any purpose other than personal use. If other participants are shown in this footage, permission is also required from them.
- The Company grants the Customer a limited, personal, non-exclusive, non-sublicensable and non-transferable right to use the online programme for personal purposes.
- Upon termination of the online programme, the Customer’s right to log in shall expire. The information and services provided during the term of the agreement remain the property of The Company. It is the Customer’s own responsibility to go through the material in good time and to store it if possible.
Article 12 Special Provisions
- Both parties are bound to keep confidential all confidential information they have obtained within the framework of their agreement. The Customer is referred to the privacy statement for more information.
- During some of The Company’s services, The Customers can communicate with each other. The Customer agrees not to send spam or other unsolicited communications. Acting in violation of these conditions may result in immediate denial of access to and use of the Company’s services.
- The Company may at any time remove communications or other parts of the shared information without further notice if the content of such communications and information justifies their removal.
- The Company reserves the right to exclude from further participation in an event or future events those Customers whose behaviour hinders or interferes with the progress of an event. Exclusion shall not affect the obligation to pay the costs for the event in question.
- During an event, visual material may be made by The Company for marketing purposes. By purchasing a participation ticket, the Customer agrees to this material being made public, unless explicitly objected to in advance.
Article 13 Complaints
- The Customer is obliged to make complaints about quotations, invoices and/or the services and products provided known to The Company in writing, stating reasons, as soon as possible but no later than within 14 calendar days of the complaint arising. It shall endeavour to deal with complaints within 14 calendar days.
- Lodging a complaint will not suspend the payment obligation.
Article 14 Dispute resolution
- These general terms and conditions are governed by Dutch law.
- Parties will only appeal to the court after they have made an utmost effort to settle a dispute in mutual consultation.
- All disputes will be settled by the competent court in the district in which the Company has its registered office.
- Notwithstanding the statutory limitation periods, the limitation period for all claims and defences against The Company and involved third parties shall be 12 months.
These General Terms and Conditions were last amended on: 24 March 2021
LifeEngineer reserves the right to make changes to the terms and conditions where necessary. You are responsible for keeping yourself updated on the latest version of these terms and conditions. LifeEngineer recommends you to check regularly for changes.