The general terms and conditions for individuals are as follows:
Training Center Brabant B.V. (TCB):
Client: An enterprise, regardless of its legal form, that acquires an educational service from Training Center Brabant B.V.
Acceptance of the Assignment
1.1 Training Center Brabant B.V. will only accept assignments for which they are qualified. The staff members deployed for an assignment must have the knowledge, experience, and personal qualities to work effectively on the assignment. Both the client and Training Center Brabant B.V. can, in consultation, request different staff members than initially assigned to the execution of the assignment, provided this does not affect the quality and continuity. Training Center Brabant B.V. must create circumstances so that all persons at the client’s organization who need to cooperate in the execution of the assignment clearly understand what that cooperation entails.
Execution of the Assignment
2.1 The assignment is accepted when there is full agreement between the parties regarding the content and conditions for its execution. Agreement on the content of the assignment is reached when, on the one hand, Training Center Brabant B.V. has collected sufficiently detailed information and, on the other hand, the client has provided all essential information for the setup and execution of the assignment to the best of their knowledge.
Execution Conditions
3.1 In the consensus on the execution conditions, agreements can be made about:
- Conditions for participation;
- Requirements for learning;
- Information about materials and/or technical support to be used;
- The selection of trainers deployed by Training Center Brabant B.V. and the client and the possible appointment of a project leader;
- The role of the trainer(s);
- Training schedule;
- Rules for evaluating the training;
- Payment and cancellation rules and agreements;
- Exceptions due to force majeure situations;
- Ownership and copyright including intellectual property rights (if applicable).
The above list is not exhaustive. Matters not mentioned but related to the subject can certainly be arranged by the client and Training Center Brabant B.V. in consultation.
Changes to the Assignment
4.1 If facts or circumstances arise during the execution of the assignment that could undermine the original agreement, the client and Training Center Brabant B.V. will consult in a timely manner to adjust the agreements to the changed situation.
Premature Termination of the Assignment (Force Majeure)
5.1 Training Center Brabant B.V. has the right to withdraw from an assignment if changes beyond their control prevent them from executing the assignment properly. Costs and compensation must then be discussed with the client.
Confidentiality
6.1 Training Center Brabant B.V. will exercise the care reasonably expected concerning the use of information provided to them or that they have come to know in the assignment relationship. In general, information that is confidential or should be understood as confidential will only be used if it is in the interest of executing the assignment. When passing on such information, care will be taken to ensure that it cannot be traced back to the source, if this could have adverse effects on the latter. Confidential information obtained from the client’s employees will only be passed on to others if the information provider has been timely informed of its use and has indicated no objections.
6.2 As a Training Service Provider, Training Center Brabant B.V. will assist our clients in sending reminders about renewal dates to avoid unauthorized working situations due to expired certificates. The client agrees, in the context of GDPR, that Training Center Brabant B.V. communicates about this via the provided email address, indicating which candidates have expired certificates.
Evaluation of the Assignment
7.1 The execution of assignments related to training and education may be subject to a random assignment evaluation by Training Center Brabant B.V. or an independent external institution. This is done by sending the assignment evaluation form with the request to return it completed to the audit institution, or through a telephone survey.
Mutual Personnel Deployment
8.1 During the term of the assignment (execution), neither party shall hire or negotiate the hiring of the other party’s personnel without consultation.
Intellectual Property
9.1 Modules, models, techniques, instruments, including software, used in the execution of the assignment are and remain the property of Training Center Brabant B.V. unless otherwise agreed. Disclosure can only occur with Training Center Brabant B.V.’s permission, as far as it fits within the purpose of the assignment. In the event of premature termination of the assignment, the above applies correspondingly.
Complaints Procedure
10.1 Complaints can be reported via +31850188138, where you can ask for the director/manager. The complaint can also be reported via info@tcrabant.nl or via the website form. Training Center Brabant B.V. Management will contact you within a maximum of 10 working days after receiving your complaint. A consideration will be made with the involved parties. The handling will be reviewed in a fair and correct manner until all parts are communicated back to the relationship that submitted the complaint. This telephone/email/letter response will take place within 10 working days after the first contact by the relationship. Follow-up, handling, and communication with the parties will be done by the management or a designated person for the case to be resolved.
Offer
11.1 Training Center Brabant B.V. presents the offer (preferably) in writing or electronically.
11.2 The offer contains a precise description of the educational service and/or the teaching material that is part of the educational service. The offer also indicates whether the use of this teaching material is mandatory.
11.3 Each offer must contain such information that it is clear to the client what the rights and obligations are associated with accepting the offer. The offer must, in any case, clearly and understandably contain the following information: a. In the case of an agreement related to an educational service: – The method of execution of the agreement; – When the educational service will commence; – The conditions under which the educational service cannot continue; – If applicable, the admission requirements for participation in the education; – The price including all additional costs and taxes; – The method of payment; – The duration of the agreement. b. In the case of an agreement regarding the purchase of teaching material: – The price including all additional costs and taxes; – The method of payment, delivery of the teaching material, and/or execution of the agreement; – The time of delivery of the teaching material.
11.4 These general terms and conditions are explicitly made known to the client before the agreement and are an integral part of the general information provision of Training Center Brabant B.V.
11.5 Training Center Brabant B.V. may require that, in making an offer and/or accepting an order, the client provides personal data and, if and to the extent that government regulations require and/or permit, a copy of a valid passport or identity card.
11.6 Notwithstanding the provisions in paragraphs 1 to 5, in the case of a distance agreement, the offer must also contain the following information:
- The identity and address of Training Center Brabant B.V., including the visiting address of the establishment.
Agreement
12.1 The agreement is concluded by acceptance of the offer by the client. After the conclusion of the agreement, the client receives a written or electronic confirmation.
12.2 In the case of electronic order placement, Training Center Brabant B.V. sends an electronic confirmation to the client; as long as the receipt of an electronically accepted order by Training Center Brabant B.V. is not confirmed, the client may cancel the order.
12.3 After the distance agreement has been concluded, the information referred to in Article 11, paragraphs 3 and 6, must be provided in writing or on another durable data carrier available to and accessible by the client.
Cancellation
13.1 If there is an agreement regarding contact education with a fixed start date, the following cancellation policy applies after any cooling-off period: a. Cancellation before the contact education has commenced must be done in writing or electronically; b. In case of cancellation up to two months before the start of the contact education, there are no costs (unless a written exception has been agreed with the client); c. In case of cancellation between two months and one month before the start of the contact education, the client is not liable for the agreed amount (unless a written exception has been agreed with the client); d. In case of cancellation less than 5 working days before the start of the contact training, the client is liable for the full agreed price (unless a written exception has been agreed with the client) or the client has 3 months to reuse this amount in the same training (if available on the calendar); e. In case of cancellation less than 3 days (72 hours) before the start of the education, the client is liable for the full agreed price (unless a written exception has been agreed with the client).
13.2 In the case of an agreement that only concerns an examination type (VCA, VOL, VIL, or SOC exams), the following cancellation policy applies after cancellation is no longer possible: a. Cancellation before the start must be done in writing or electronically; b. In case of cancellation up to 10 working days before the start, the client is liable for the administrative costs. These amount to €85; c. In case of later cancellation, the client is liable for the full agreed price.
Price Changes
14.1 If a price change occurs within three months after concluding the agreement, but before the commencement of the educational service, it will not affect the agreed price.
14.2 The client has the right to dissolve the agreement if the price is increased more than three months after the conclusion of the agreement but before the commencement of the educational service.
14.3 Paragraphs 1 and 2 do not apply to price changes resulting from the law.
Delivery of Cards and Certificates
15.1 The delivery of cards, certificates, and other documents (hereinafter: “documents”) is subject to full payment of the agreed amount by the client.
15.2 Documents are only provided after the client has fully paid, including any additional costs.
15.3 In case of late payment, the delivery of the documents will be suspended until full payment is received.
15.4 The risk of loss or damage to the documents transfers to the client at the moment the documents are delivered after receipt of full payment.
15.5 If the client has agreed to a payment term, the documents will only be delivered after full payment is received by the agreed term.
Conformity
16.1 The educational service must meet the agreement and must be executed in a professional manner with the use of adequate facilities.
Payment
17.1 Payment is made via bank (iDEAL, bank transfer, credit card, Apple Pay) or in cash, unless otherwise agreed. Cash payment also includes crediting the owed amount to a bank or giro account indicated by Training Center Brabant B.V. at the time of purchase or delivery, or payment by means of recognized forms of electronic payment.
17.2 If payment by installments has been agreed, the client must pay according to the installments and percentages as specified in the agreement, taking into account paragraph 3.
17.3 Payment for the educational service takes place before the start of the course. Training Center Brabant B.V. may require that the full amount is paid no later than before the commencement of the educational service, as mentioned in Article 11, paragraph 3(a).
Late Payment
18.1 The client is in default once the payment date has passed. After the expiration of the date, Training Center Brabant B.V. sends a payment reminder and gives the client the opportunity to pay within 14 days after receiving this reminder.
18.2 If the client fails to make timely payment of an invoice, the client is, without further notice of default, liable for the payment of extrajudicial collection costs. The extrajudicial collection costs are calculated in accordance with the statutory maximums as determined in the Dutch Collection Costs Act (WIK). These costs amount to:
- 15% of the outstanding amount of the principal sum over the first €2,500 (with a minimum of €40),
- 10% over the next €2,500 of the principal sum,
- 5% over the next €5,000 of the principal sum,
- 1% over the next €190,000 of the principal sum, and
- 0.5% over the excess, with a maximum of €6,775.
The client is required to pay the full collection costs, without prejudice to Training Center Brabant B.V.’s right to claim further damages if the actual costs are higher.
18.3 During the handling of a complaint or dispute in accordance with Articles 15 and 16, Training Center Brabant B.V. will suspend the charging of interest and collection costs.
Non-Compliance with the Agreement
19.1 If either party fails to fulfill an obligation under the agreement, the other party may suspend the performance of that obligation. In case of partial or improper performance, suspension is only permitted to the extent that the non-performance justifies this right.
19.2 Training Center Brabant B.V. has the right of retention if the client does not fulfill an enforceable obligation, unless the non-performance does not justify this retention.
19.3 If either party does not comply with the agreement, the other party is entitled to dissolve the agreement, unless the non-performance, given its minor significance, does not justify dissolution.
Liability of Training Center Brabant B.V.
20.1 To the extent that Training Center Brabant B.V. is at fault and the client suffers damage as a result, Training Center Brabant B.V.’s liability for damage that is not the result of personal injury, death, or property damage is limited to compensation for direct damage.
20.2 Training Center Brabant B.V.’s liability for personal injury, death, or property damage is not excluded or limited.
20.3 The liability referred to in paragraphs 1 and 2 extends to persons employed by Training Center Brabant B.V. or persons appointed by them for the execution of the agreement.
Confidentiality
21.1 Information provided by the client will be treated confidentially by Training Center Brabant B.V., its staff, and/or persons working for them. Training Center Brabant B.V. will comply with applicable privacy legislation.
Questions and Complaints
22.1 Training Center Brabant B.V. will answer administrative questions and questions regarding the content of the educational service within 10 working days from the date of receipt. Letters that require foreseeably longer processing times will be answered promptly with an acknowledgment of receipt and an indication of when the client can expect a more detailed response.
22.2 Complaints about the execution of the agreement must be submitted to Training Center Brabant B.V. in a timely, complete, and clear manner after the client has detected or could have detected the defects. Complaints within two months are at least timely. Failure to submit a complaint in a timely manner may result in the client losing their rights in this regard.
22.3 If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure in Article 23.
Dispute Resolution
23.1 The agreement is governed by Dutch law, unless mandatory law provides for the application of the law of another country.