DEFINITIONS

1.1. In this context, ‘Training’ should be understood to mean education, course or training organized by Speer IT.

1.2. Under ‘Client’ should be understood the natural or legal person, who has entered into an agreement concerning the execution of work or the delivery of products or services by the contractor as referred to in these general terms and conditions.

1.3. In this context, ‘Participant’ means the person who has registered for a training course or has had himself registered via the portal manager.

1.4. Registration’ in this context means registering for a course in the manner indicated by Speer IT.

1.5. Cancellation’ in this context is to be understood to mean the written cancellation and/or abandonment of participation in a training course by a participant and/or client and/or a failure by a participant to show up for a training course.

1.6. In this context, ‘Course material’ means all analyses, designs, books, sheets, presentations, models, web accounts, software, (digital) documents and other items developed and/or made available in the context of the training.

1.7. In this context ‘Training Program’ means the agreed training program, including the planning of the Course.

1.8. Under ‘Instructor’ is understood the instructor or course leader contracted by Speer IT.

OFFER AND ACCEPTANCE

Course offerings are listed in the Speer IT Academy portal. With the registration of a participant, this is seen as confirmation of order. 2.1. If due to circumstances, including the nature, scope, or urgency of the assignment, no assignment confirmation has been sent or received, the invoice will be considered an assignment confirmation.

2.2. Changes to the order acceptance must be agreed upon in writing by the parties.

PRICES

3.1. The prices for the courses and/or services are stated in the Speer IT Academy portal or in a valid written quotation from Speer IT. These prices are expressed in Euro, excluding VAT and/or other levies. Speer IT reserves the right to change prices on the website.

3.2. All prices on the website or in offers are subject to typing or printing errors. Speer IT is not liable for the consequences of possible typing or printing errors.

GENERAL

4.1. Registration for a training course takes place via the Speer IT Academy portal or (in case of special requests) via email trainingen@speerit.nl.

4.2. Speer IT is entitled to refuse applications without legal reason and without giving a reason.

4.3. The rights and obligations from agreements are not transferable, without prior written consent from Speer IT.

COURSES AND OTHER SERVICES

5.1. After attending a course, the client and/or the person who has enrolled the participant will receive an invoice, unless otherwise agreed in writing.

5.2. Invoices will be sent to the address or e-mail address provided by the client or the person who has had the participant enrolled, which does not affect the payment obligation of the client or the person who has had the participant enrolled at any time.

5.3. The fee for a training course shall be due on the intended commencement date of the training course. Unless otherwise agreed in writing, payment must be made within 30 days of the invoice date.

SET-UP OF THE COURSE

6.1. Speer IT announces training courses, among other things, in brochures and leaflets or through other media. Unless expressly stated otherwise, Speer IT reserves the right to change the data stated with regard to dates, prices, and location, if in its opinion the circumstances require it to do so.

6.2. At the conclusion of the agreement, the day(s) on which the course will be followed will be agreed in writing, insofar as this is known.

6.3. Speer IT determines the location where the course will be given. In case nothing has been agreed upon, the client and/or participant must assume that this will take place at Speer IT’s location.

6.5. The course will be held in Dutch, French or English. In other words, the language during the training and the course material can be in Dutch, French or English. Client must explicitly indicate in advance if one of the languages is not or not sufficiently understood and/or read by the intended student.

6.6. Speer IT reserves the right to change the content of the training in the interim in order to improve quality and/or reprogramming. No rights can be derived from brochures, leaflets or other media.

INTELLECTUAL RIGHTS OF OWNERSHIP

7.1. The teaching material (including software) will be made available to the participant and/or client for use during the training course unless explicitly stipulated otherwise. Under no circumstances will the Principal and the Participant be permitted to make copies or reproduce any material.

7.2. The client is not permitted to remove or change any copyright notices, trademarks, trade names or other intellectual or industrial property rights from delivered items.

7.3. If client has and/or has purchased a license for software, Speer IT is allowed to use that license during the course without being liable for any compensation.

SCHEDULES, TIMETABLES

8.1. Speer IT will use all reasonable endeavors to ensure that courses take place, or the services to be provided are carried out. However, Speer IT will not be liable in the event that the courses or the services to be delivered do not take place for reasons beyond its control. In the event that, due to illness, termination of employment or for any other reason, a person (or persons) is (are) no longer available to give a training course, or to carry out the agreed service, Speer IT will make all reasonable efforts to carry out the relevant training course, or the service to be provided, possibly at a later date. In the event that this is not possible, payments already made to the client will be refunded.

8.2. Speer IT reserves the right to change course schedules, locations and/or times without giving reasons and to cancel courses in case of insufficient interest. The client and/or participant will be notified in writing by Speer IT of a cancellation of a course as soon as possible before the start of the relevant course. Already paid course fees will be refunded by Speer IT in case of cancellation.

REPLACEMENT, CANCELLATION AND POSTPONEMENT

9.1. Client may send a substitute for the registered student upon written approval of Speer IT.

9.2. A client has the right to dissolve the contract without giving reasons during 14 days after the conclusion of a contract. No right to dissolve exists if the course and/or service has started before the period of 14 days has expired.

9.3 In case the client cancels a course, the client will owe Speer IT a cancellation fee, which will be calculated as a percentage of the price of the course and/or service, as follows:

– More than 4 weeks before commencement of the course: no cancellation costs
– During the 4th and 3rd week before the 1st day of the course: 25% cancellation charge

– The 2nd week before the 1st day of the course: 50% cancellation charge
– Less than one week before the 1st course day and/or the 1st day before the start of the service: 75% cancellation fee.

9.4. Cancellation and requests for postponement can only be made by the client in writing. Client will receive a written confirmation of this from Speer IT.

9.5. As of the first day of commencement of the course and/or service, the client can no longer request a postponement or cancellation thereof. In this case the total costs of the course and/or service are due.

9.6. Speer IT reserves the right to exclude participants who, due to their behavior or otherwise, hinder or impede the normal course of (a part of) a course, also considering the interest of the other participants, from further participation in the course. Such exclusion shall not affect the obligation to pay the full course fee.