Delivery terms

1. General

   1. These terms and conditions apply to all offers from TSTC, to all agreements concluded between TSTC and the client, as well as to all (legal) actions in preparation or execution thereof.

   2. The applicability of any general terms or conditions of the client is expressly excluded.

   3. Changes to or additions to these terms and/or the agreement are only valid if and to the extent that they have been confirmed in writing by TSTC.

       

2. Quotes

   1. Quotes and/or price estimates do not bind TSTC and are considered an invitation to place an order.

   2. The validity period of quotes is 30 days, unless otherwise agreed, with the understanding that an agreement is only established if and to the extent that TSTC accepts an order placed by the client within that period (for the provision of training or other services) in accordance with the provisions of Article 3.4.

   3. After the expiration of the validity period, no rights can be derived from the quote.

       

3. Registrations for training, establishment of (other) agreements

   1. Registrations for training must be made in writing by signing the quote or confirmation or registration form via the website.

   2. The registration for a training must be received by TSTC at least 30 days before the start of the training.

   3. For registrations for training based on modules, different conditions apply (see Article 13).

   4. An agreement (for the provision of training or other services) is only established if and to the extent that TSTC has accepted an order (or registration for a training) in writing by means of a confirmation.

   5. A reflection period of 14 days applies. This reflection period also applies if the participant books the course and the company or employer pays for it. If the company concludes the contract, no reflection period applies.

4. Cancellation

   1. Orders for the provision of training can be canceled; other orders cannot.

   2. Cancellation before the start of a training is free of charge up to a maximum of 4 weeks (1 month) before the start. This does not apply to already sent teaching materials. The costs of study materials and shipping costs will be charged - in case of cancellation of training.

   3. In case of cancellation between 2 and 4 weeks before the start of the training, 25% of the costs (25% of the price of the training) + € 35,- administration costs will be charged.

   4. In case of cancellation within 14 days before the start of the training, 75% of the costs (75% of the price of the training) + € 35,- administration costs will be charged.

   5. In case of illness and/or unavailability of a participant, rescheduling is possible after consultation with TSTC. In each case, it will be assessed which costs will be charged, and TSTC may deviate positively from these arrangements.

   6. Any refunds will be processed within 4 weeks.

5. Prices

   1. For all training and other services offered by TSTC, the prices or rates as stated in TSTC's training program apply. All prices are exclusive of VAT.

   2. These prices and rates are based on the circumstances applicable at the time of concluding the agreement. If those circumstances change after the conclusion of the agreement, TSTC reserves the right to adjust its prices accordingly. (If and to the extent that the prices are increased by more than 15%, the client has the right to dissolve the agreement.)

       

6. Payment

   1. The client will pay the amounts charged to him to TSTC within 14 days of the invoice date. All amounts charged to the client must be paid without discount or withholding. The client is not authorized to set off. Furthermore, the client does not have the right to suspend any payment obligation towards TSTC. Payment must always be made prior to training.

   2. By the mere expiration of a payment term, the client is in default. In that case, all claims, for whatever reason, of TSTC against the client are immediately due and payable.

   3. The client owes interest on all amounts that have not been paid by the last day of the payment term, starting from that day, equal to the statutory interest applicable in the Netherlands at that time, increased by a surcharge of 3%.

   4. If the client is in default towards TSTC, he is obliged to fully reimburse TSTC for extrajudicial and judicial costs. The extrajudicial costs to be reimbursed by the client amount to at least 10% of the unpaid amount, with a minimum of EUR 250,--, plus the VAT due on that amount. Any amount received from the client will first be applied to the payment of any interest and costs owed.

   5. The client undertakes to cooperate at TSTC's first request in providing adequate security.

       

7. Guarantee

   1. TSTC guarantees to the client that the training and other services provided by it meet the agreed-upon standards. Complaints must be reported to TSTC immediately after the defects are discovered. Provided that the complaint is made in a timely and correct manner and it is sufficiently demonstrated that the training and/or other services do not meet the agreed-upon standards, TSTC will properly execute these training and/or other services again. By fulfilling that performance, TSTC is fully discharged of its obligations towards the client and is not obliged to provide any further (damage) compensation.

       

8. Liability and indemnification

   1. TSTC is furthermore not liable, either under the law or from the agreement, for so-called consequential damage that the client or a third party may suffer in connection with the execution of the agreement or (the use of) the training and/or other services, including business damage, environmental damage, or immaterial damage. In all cases, TSTC's liability is limited to the invoice amount of that part of the agreement from which the damage arose.

   2. This does not affect TSTC's liability under Title 3, Section 3, Book 6 of the Dutch Civil Code (Product Liability). TSTC will also not invoke the liability limitations if and to the extent that the damage is the direct result of intent or gross negligence by TSTC or its managerial staff.

   3. Unless the damage is caused by intent or gross negligence of TSTC or its managerial staff, the client will indemnify TSTC against all claims from third parties, directly or indirectly related to the execution of the agreement or (the use of) the training and/or other services, and will compensate TSTC for all damages it suffers as a result of such claims.

       

9. Intellectual property

   1. The client does not acquire any intellectual property rights regarding the training and other services, or the materials provided, regardless of whether those intellectual property rights are held by TSTC or by another party.

   2. TSTC declares that to the best of its knowledge, the training and other services do not infringe any intellectual property rights of third parties applicable in the Netherlands. In the event of claims from third parties regarding an infringement of such rights, TSTC may, if necessary, replace or modify the relevant training and other services, or dissolve the agreement in whole or in part. The client only has the right to dissolve the agreement to the extent that its continuation cannot reasonably be demanded from him.

   3. The client will immediately inform TSTC of any claim from a third party regarding an infringement of intellectual property rights related to the training and other services. TSTC is then authorized to defend against such claims on behalf of the client or to take legal action against that third party, or to reach an amicable settlement with that third party. In all cases, the client will provide TSTC with its optimal cooperation.

       

10. Default and dissolution

    1. In the event of default by the client or in one of the cases mentioned in Article 10.2, TSTC is authorized to suspend the execution of any agreement and/or to wholly or partially dissolve any agreement.

    2. In the event of (provisional) suspension of payment, bankruptcy, cessation, or liquidation of (the business of) the client, all agreements will be dissolved by operation of law, unless TSTC notifies within a reasonable time that it demands compliance with (part of) the agreement.

    3. The provisions in Articles 10.1 and 10.2 do not affect TSTC's other rights under the law and the agreement.

    4. In the event of an occurrence as referred to in (i) 10.1 or (ii) 10.2, respectively (i) all claims of TSTC against the client under the relevant agreement(s) and (ii) all claims of TSTC against the client are immediately and entirely due and payable (and TSTC is entitled to reclaim the relevant products. In this regard, TSTC and its authorized representatives are entitled to enter the premises and buildings of the client to take possession of the products. The client is obliged to take the necessary measures to enable TSTC to enforce its rights.)

        

11. Force majeure

    1. If TSTC cannot fulfill its obligations towards the client due to a non-attributable shortcoming (force majeure), the fulfillment of those obligations will be suspended for the duration of the force majeure situation. TSTC will inform the client of the force majeure situation as soon as possible.

    2. If the force majeure situation lasts for 7 days, both parties have the right to dissolve the agreement in whole or in part, to the extent that the force majeure situation justifies this right.

    3. In case of force majeure, the client has no right to any (damage) compensation, even if TSTC may have gained some advantage as a result of the force majeure.

    4. Force majeure is understood to mean any circumstance independent of TSTC's will, which prevents the fulfillment of its obligations towards the client in whole or in part, or which makes the fulfillment of its obligations reasonably impossible, regardless of whether that circumstance was foreseeable at the time of concluding the agreement. Such circumstances also include: war, unrest, flooding, fire, strikes, lockouts, blockades, riots, stagnation, or other problems in production at TSTC or its suppliers, problems with transport provided by itself or by third parties, devaluation, increases in import duties and/or excise duties and/or taxes, measures by any government authority, the absence of any permit to be obtained from the government, accidents, illness, and computer failures; this applies both at TSTC and at the location where the training takes place.

        

12. Illness of instructor

    1. In case of illness and/or unavailability of an instructor, TSTC will, if possible, ensure equivalent replacement within 48 hours.

    2. If replacement within the specified period proves not to be possible, TSTC will inform the client of this within 24 hours, and Article 11 will apply.

    3. If TSTC provides equivalent replacement within 48 hours, Article 14 does not apply, and the client cannot assert any right to compensation for damages, interest, and costs and/or discounts on or reductions of the agreed compensation.

        

13. Specific provisions for our training

    1. Registrations must be made via a completed and signed registration form or through the website.

    2. The registration will be processed by TSTC in the order of receipt. If and to the extent that TSTC confirms the client's participation in writing, an agreement is established.

    3. For open training, TSTC reserves the right to change the times and/or location after the conclusion of the agreement. After changes to times and/or location, the client has the right to cancel his participation free of charge within 7 days after such notification.

    4. Payment must in all cases (regardless of the invoice date) be made prior to the start of the training.

    5. The specific conditions regarding the success guarantee are described in the attached document “registration conditions Fast Tracks.”

        

14. Applicable law and choice of law

    1. Dutch law applies to these terms and conditions, as well as to the agreement.

    2. The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.

    3. All disputes arising from the agreement or these terms will, unless otherwise urgently prescribed by law, be subject to the judgment of the competent court in Utrecht, with the understanding that TSTC has the right to file claims, whether or not simultaneously, against the client before other judicial bodies that are competent to hear such claims.

15. Confidentiality
    1. All information provided by or about participants or services before or during the training/sessions, which can be expected to be confidential in nature, will be treated confidentially by TSTC, its employees, and all instructors.

All transactions, orders, and services are subject to our general sales and delivery terms, which are filed with the Chamber of Commerce in Utrecht under number 30166479

For private registration, we kindly refer you to the terms of the NRTO (Dutch Council for Training and Education) to which we conform. 

You can find these terms here.

The NRTO code of conduct can be found here.