Terms of delivery
Article 1. Contract and cancellation
1. A training, workshop or coaching only commences after signing of the quote.
2. If a client wishes to cancel a training, workshop or coaching, then the client needs to do so by registered letter (by post or by email) before the training, workshop or coaching commences.
3. Cancellation is no longer possible after commencement of a training or workshop. Not taking part in the training, workshop or coaching does not affect the client’s financial obligations towards Exergy Training.
4. A coaching track can be cancelled after each session. In that case the remainder of the sessions will be refunded.
Article 2. Applicability of terms
1. These terms of delivery apply to all activities and services of Exergy Training. By commissioning a contract both client and participants indicate to know and agree to Exergy Training’s terms of delivery. Only written additions and/or adjustments to these terms are valid.
2. All written agreements and terms that deviate from these terms take priority over these terms.
3. The client’s terms of delivery only apply when Exergy Training has accepted these through written consent.
Article 3. Copyright
1. Exergy Training has ownership of all copyright on quotes, training materials and/or learning materials that have been put together by Exergy Training. None of these may be made public and/or copied without explicit written consent of Exergy Training.
Article 4. Absence of a trainer or coach
1. In case a trainer or coach is absent or has fallen ill, Exergy Training will provide an equal replacement.
2. If replacement isn’t possible, then Exergy Training will notify the client as soon as possible. Together with the client Exergy Training shall agree on appropriate replacement date(s). If this isn’t possible or desirable by the client then the client has the right to cancel the (remainder) of the training, workshop or coaching. In that case Exergy Training will only charge the part that has already been provided. The remainder will be not be charged or will be refunded in case payment was made in advance.
3. The absence or illness of a trainer or a coach does not grant the client or participants any right to (damage) claims.
Article 5. Liability
1. Exergy Training always tries to lead training sessions and workshops in a proficient and professional manner. In case a participant somehow incurs an injury or is hurt in some other way during a training or workshop, then Exergy Training cannot be held accountable.
2. If provided facilities or devices are demonstrable damaged due to malpractice or undue usage by Exergy Training, then the client can transfer the costs of the damages to Exergy Training. In that case the transferred cost is limited to the value of the contract.
3. Exergy Training can never be held accountable for indirect forms of damage, like foregone profits, consequential damages, and damages due to suspension of business operations.
Article 6. Complaints procedure
1. Exergy Training always tries to ensure high quality service. Sessions are carefully evaluated and the teaching offered is continuously being improved. Nevertheless, if our service does lead to complaints, then you can voice your complaints orally or in written form. All complaints are processed by C.M. Jongerden, direction member of Exergy Training. A written statement will be made and sent to you within five working days. In addition it is possible for you to bring your complaint to the Netherlands Arbitration Institute, which, as a neutral third party, will render a legally binding verdict.
2. Your complaint will always be handled with confidentiality. The content of the complaint and associated correspondence will be saved for two years.
Article 7. Confidentiality
1. Exergy Training will keep confidential information from participants and client confidential, also after finishing a contract. Information is marked as confidential if a client or participant expresses it or if it shows by the nature of the information.
These terms of delivery take effect from 2-9-2019 and apply until replaced by newer terms. With the publication of these terms of delivery all previously published terms have come to expire.
KVK nr. 09174285
BTW nr. NL8203.33.566B01
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