General Terms and Conditions from Finance for Non-Financials
Article 0: Dutch and English version of General terms and conditions
The translation of the general terms and conditions out of Dutch towards English have been performed with the highest care. Should there be a difference between the 2 versions the Dutch version is taking president over the English version.
Article 1: Definitions
In these general terms and conditions the following abbreviations are used:
- F4NF: Finance for Non-Financials, located at Molendijk 43A, 5941 EE Velden, registered at the chamber of commerce in Venlo with number 58023259.
- Client: Natural person or legal entity that has an agreement or wishes to engage into an agreement with F4NF.
- E-Learning: Module where a client can get access to a specific part of the website of F4NF, without interventions from third parties and of which the content is determined by F4NF.
- Open Enrolment: Training course at which a client can subscribe without intervention from thirds, organised by or under the auspices of F4NF, and whose content is determined by F4NF.
- Coaching: Individual counselling by F4NF where the content of the training is determined in consultation between client and F4NF.
- Shift: The one time ability of a client to shift the date of the training of which was applied / accepted.
- Mediator: Natural person of legal entity that has established an agreement between client and F4NF.
Article 2: Applicability of the general terms and conditions
- These general terms and conditions apply to all agreements concluded with F4NF, unless in writing expressly agreed otherwise.
- The application of any terms and conditions used by the client is expressly rejected.
- When requesting a quotation, registration at an open enrolment training or entering into an agreement, the general terms and conditions of F4NF are irrevocable accepted by the client and the client declares to be informed and accepts the content and scope.
Article 3: Scope obligations
- Agreements with F4NF lead for F4NF to an obligation of effort, not to an obligation of result.
- If F4NF depends for the execution of the training on the information or corporation of the client, F4NF is discharged from its obligations if the client does not provide the information timely or does not corporate as agreed.
Article 4: Offers
- Offers are for F4NF not binding and serve only to place an offer.
- An agreement is established by written confirmation from F4NF, or when F4NF commenced the implementation of the respective offering.
Article 5: Agreement
- An agreement between F4NF and Client shall only be concluded after written or electronic confirmation from F4NF.
- If client, after the conclusion of the agreement, requires an alteration, not being a (partial) cancellation, this shall be accepted if reasonable. All changes are agreed in writing at which article 3 is applicable.
- At open enrolment the client declares to be aware of the required knowledge / level of the training and to meet the requirements. If the client severely hinders the usual course of events, F4NF is entitled to exclude the client from further participation. The payment obligation of the client shall remain unaffected by such an event.
- At open enrolment the substitution of another natural person is always possible if F4NF is thereof informed prior in writing or electronically.
Article 6: Complaints
- Any complaints regarding the work performed by F4NF must be submitted within 8 working days after the training has been executed in writing by registered letter to F4NF.
- Complaints do not suspend the client of the obligation to pay.
- If F4NF considers the complaints to be justified, F4NF is only obliged to decide to grand a discount or offer an replacement opportunity.
Article 7: Liability
- The development, organisation and execution of the training courses and the counselling is executed with the utmost care. F4NF can not be held responsible for errors in the course material, training or counselling and therefore does not accept any liability on that substance.
- Participation in training or advise is accepted at the risk of the client and F4NF therefore accepts no liability for loss, theft or personal injury sustained during the program.
- The act of the client as a result of the training, counselling and provided materials is entirely at risk of the client. F4NF is to the client, unless intent or gross negligence, not liable for damages of any nature whatsoever, direct or indirect, resulting from the act in response to the courses, counselling or materials provided.
- If, in accordance with what is stipulated in the preceding paragraph of this article, prove that the damage is caused by F4NF, than the total liability shall in no case exceed the price agreed in the agreement.
- The burden of proof of damage by F4NF is based on the client, which is accepted by the client.
Article 8: Disputes
- All offers and agreements made at which these terms and conditions apply shall be governed exclusively by Dutch law.
- The competent court in Roermond has exclusive jurisdiction of any other court regarding any disputes that have arisen as a result of the offers and agreements to which the terms and condition apply.
Article 9: Shift execution date
- Shift of execution date is once possible at open enrolment, if the same training is offered within the next 13 months, provided that the training has not yet been fully booked. F4NF confirms in writing or electronically if shift of execution date is possible.
- Shift of execution date at in company training are agreed in mutual consultation, but no later than 6 months after initial execution date.
Article 10: Cancellation of agreement
- Cancellation of an agreement must be made in writing.
- Whole or partial cancellation of an in company agreement at which a fixed price is agreed is possible, at which in case of cancellation up to 6 weeks before the execution date 50% of the in the contract stipulated amount will be stated. Cancellation within 6 weeks of the execution date, 100% of the in the contract stipulated amount will be stated. For partial cancellations, above mentioned rules will apply proportionally.
- Whole or partial cancellation of an in company agreement at which a variable price is agreed is possible, at which in case of cancellation up to 6 weeks before the execution date the cost incurred and the commitments already made will be charged. Of the not delivered hours 50% will be stated. Cancellation within 6 weeks of the execution date, 100% of the in the contract stipulated amount will be stated. For partial cancellations, above mentioned rules will apply proportionally.
- Not participating at the agreed date is considered a cancellation, also if participated at a later date at the same course
- Cancellation at an open enrolment up to 3 months prior to execution date of the course is possible at which a charge of € 195 will be stated. Cancellation up to 6 weeks prior to the execution date, 50% of the in the contract stipulated amount will be stated. Cancellation within 6 weeks prior to the execution date, 100% of the in the contract stipulated amount will be stated. For partial cancellations, above mentioned rules will apply proportionally.
- Cancellation is not possible based on the afterwards disagreement of the client with the agreed price or payment method.
- Client can always cancel free of charge within 7 days.
Article 11: Termination of agreement
- In case the number of participants for an open enrolment is below the minimum set by F4NF, F4NF is entitled to terminate the program and to dissolve the agreements for those clients that do not whish to participate on an alternative date offered by F4NF. F4NF is not liable for any damages, howsoever. F4NF will, in case of termination, repay the already made payments, in full, as soon as possible.
- Article 11.1 only applies if client has not yet shifted execution date.
- In case of liquidation, bankruptcy or suspension of payment of client, the outstanding payment obligations are due immediately and is F4NF entitled to terminate the contract partially or in whole immediately without F4NF is obliged to pay any damages. Also the payment obligations will become due immediately if F4NF becomes aware of circumstances that give reason to fear that the client will not (be able to) meet the entitled payment obligations. F4NF is entitled to cancel the agreement in such case and is not obliged to pay any damages.
Article 12: Prices
- Unless expressly written otherwise all prices from F4NF are in Euro and excluding value added tax.
- The In Company courses can be agreed at a fixed price or at a fixed price per unit. In the latter case the actual performed units will be invoiced at the agreed price.
- If, after conclusion of the agreement between F4NF and the client circumstances, in respect to the cost factors, arise that an amendment to the agreement justify, F4NF has the right to change the price, without this may result in cancellation of the price accordingly. Indexation shall only be made after six months have passed since the agreement was made.
Article 13: Payment
- Payments are due within 30 days after invoice date and at least before the start of the training, counselling, net cash and without deduction or rebate. If payment is not provided on time a statutory interest plus extra judicial costs of the amount of 15% of the amount not paid is collected. Equalisation of the debt by the client is never allowed.
- All costs incurred by F4NF with respect to the recovery of the amount due by the client shall be borne by the client. These costs will be at least 10% of the invoice amount.
- The payments made by the client shall always primarily be to settle all interest and judicial costs and then the invoice which has the oldest date, regardless of the clients instructions at payment.
Article 14: Force Majeure
- F4NF reserves the right, in case of force majeure to cancel, edit, move or pause courses and counselling until the circumstance that the force majeure caused no longer exist.
Article 15: Mediation
- At mediation of an agreement, F4NF will reimburse 10% of the agreement price between F4NF and client (excluding VAT) to the mediator.
- If sub sequential agreements results, only the first 2 sequential agreements will be reimbursed to the mediator.
- The total reimbursement to mediator is limited to € 10.000 per client.
- The client names the mediator during the enrolment or introductory meeting. If several mediators claim equal intermediation F4NF will determine the percentage distribution.
- Payment of intermediation takes only place after execution of the service and full payment of the invoice by the client.
Article 16: Copyright
- The copyright and / or other intellectual property rights in connection with the course and course materials supplied remain the property of F4NF.
- Without prior written consent, the client is not permitted, except for personal use, to use, sell, reproduce or in any other way make the course material available to others.
- Confidential information F4NF obtains from clients will not be used by F4NF without prior written consent of the client.
Article 17: Privacy declaration
By entering into an agreement with F4NF, the client agrees that F4NF stores and uses the provided personal data. F4NF will use this information to inform the client about products and services and will use the data for sales analyses and administrative purposes. Please review the Privacy Declaration of F4NF for more information. If the client does not wish to receive information from F4NF this can be made known via firstname.lastname@example.org.