GENERAL TERMS AND CONDITIONS
The general terms and conditions for individuals follow below
– TCB:
– Client:
Company, regardless of its legal form, which purchases an educational service from the entrepreneur.
– Acceptance of assignment
The entrepreneur shall only accept orders for which he is qualified. The employees of the entrepreneur who are to be deployed in an assignment must be able to work on that assignment effectively through knowledge, experience, and personal qualities. Both the client and the entrepreneur can, in consultation, request other employees than those who are initially charged with carrying out the assignment, provided that this does not compromise quality and continuity. The entrepreneur must create such circumstances that all persons at the client who must cooperate in the execution of the assignment are clearly aware of what this cooperation entails.
– Realization of the assignment
The assignment will be accepted provided that there is full consensus between the parties about its content and the conditions for its execution. The consensus on the content of the assignment is reached when, on the one hand, the entrepreneur gathers the necessary information in a sufficiently detailed manner, and, on the other hand, the client has, to the best of his knowledge, provided all essential information for the set-up and execution of the assignment.
– Conditions of execution
- In the consensus on the conditions of execution agreements can be made about;
- Participation conditions;
- Learning requirements;
- Information about materials and/or technical support to be used.
the choice of trainers to be used by the entrepreneur and the client and the appointment of a project leader, if any.
- the role of the trainer(s).
- Training Schedule
- Trainings Evaluation rules.
- Payment and cancellation rules and agreements.
- Exceptions due to force majeure situations ;
- the ownership and copyright including copyright ( when applicable)
- The above list is not exhaustive. Matters not mentioned but which are in line with this subject can of course be arranged by the client and the TCB in consultation.
– Changes in the assignment
If, during the implementation of the assignment, facts or circumstances should arise which (could) impair the original agreement, the client and TCB will discuss this in good time to adapt the agreements to the changed situation.
– Premature termination of the assignment (force majeure)
TCB has the right to withdraw from an assignment if changes outside his control prevent him from carrying out the assignment properly. Costs and refunds should be at that moment reviewed with Client.
– Confidentiality
With respect to the use of the information which has been provided to him or which has come to his attention during the assignment relationship, TCB will exercise the care that can reasonably be demanded. In general, information which is of a confidential nature or of which the confidential nature should be understood will only be used if the interest of the execution of the assignment. In passing on such information, care will be taken not to trace it back to its source, if this could have adverse consequences for the latter. Information obtained in confidence from employees of the client will only be passed on to others if the information provider has been notified of its use in good time and the latter has indicated that he/she has no objection.
TCB as a Training Service Provider, will assist our clients’ sending reminders about refresh dates, to prevent a not-being-allowed-to-work, situation, over expired certificates. The client agrees, in the context of the AVG, that TCB communicates over this matter via the e-mail address provided, stating which candidates’ certificates are expiring.
– Assignment evaluation
The execution of assignments related to training and education may be subject to a random assignment evaluation by the entrepreneur or by an independent, external institute. The latter is done by sending the assignment evaluation form with the request to return it completed to the auditing institute, or by means of a telephone survey.
– Employing mutual staff
The parties shall not employ or negotiate the employment of each other’s staff during the term of the assignment (execution), other than in consultation.
– Intellectual property
Modules, models, techniques, instruments, including software, used in the execution of the assignment are and remain the property of TCB, unless otherwise agreed. Disclosure can therefore only take place after obtaining permission from TCB if as far as this fits in with the purpose of the assignment. In the event of premature termination of the assignment, the foregoing applies by analogy.
– Complaint’s procedure
Complaints can be reported via +31(0)633998862 where you can ask for the Director / Manager. The complaint can also be reported via info@tcrabant.nl or via website form. TCBrabant Management will take contact with the you within a max. of 48hrs after good reception of your complain. Assessments will be made with the involved parties. The resolution is looked on a fair and proper manner until all parts fed back to the relationship that filed the complaint. This telephone/email/letter response will take place within 48 hours of the initial contact by the client.
Follow up, resolution and communication with the parties shall be made by Management or an indicated person for the matter in resolution.
3. Offer
3.1 The entrepreneur makes the offer (preferably) in writing or electronically.
3.2 The offer contains an accurate description of the education service and/or the teaching materials that are part of the education service. The offer also indicates whether the use of these course materials is compulsory.
3.3 Each offer must contain such information as to make clear to the consumer the rights and obligations attached to accepting the offer. In any case, the offer must state the following information in a clear and comprehensible manner;
a. in the case of an agreement concerning an educational service – the manner of implementation of the agreement; – when the education service starts; – the conditions under which the education service may not continue; – insofar as 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. or in the case of an agreement relating to the purchase of course material: – the price including all additional costs and taxes; – the method of payment, of delivery of the course material and/or of performance of the agreement; – the delivery time of the course material.
3.4 These general terms and conditions are explicitly made known to the consumer prior to the agreement and form an integral part of the entrepreneur’s general information provision.
3.5 The entrepreneur may, when making an offer and/or accepting an order, make it a condition that the consumer provides his personal details and, if and insofar as government regulations require and/or permit this, provides a copy of a valid passport or identity card.
3.6 Without prejudice to the provisions of paragraphs 1 to 5, the offer in the case of a distance contract shall also include the following information:
a. the identity and address of the entrepreneur, including the visiting address of the establishment of the entrepreneur;
b. if additional costs are charged for contact with the entrepreneur via telephone or internet: the height of the applicable rate; d. the validity of the offer.
4. Agreement
4.1 The agreement is concluded by acceptance of the offer by the consumer. After the conclusion of the agreement, the consumer will receive a written or electronic confirmation.
4.2 In case of electronic assignment, the entrepreneur will send an electronic confirmation to the consumer; as long as the receipt of an electronically accepted assignment has not been confirmed by the entrepreneur, the consumer may cancel the assignment.
4.3 After a distance contract has been concluded, the information referred to in article 3 paragraph 3 and paragraph 6 will be provided in writing or on another durable medium available and accessible to the consumer.
5. Cancellation
5.1 If there is an agreement on contact education with a fixed start date, the following cancellation scheme applies after the possible cooling-off period:
a. cancellation before the contact education has started, is done in writing or electronically;
b. If cancelled up to two months before the start of the contact education, There are no Costs (if no exception has been agreed in written with the Client)
c. in the case of cancellation between two months and one month before the start of the contact education, the consumer owes no cost of the agreed (if no exception has been agreed in written with the Client)
d. if the cancellation takes place less than one month before the start of the Training, the consumer owes 50% of the agreed price with a minimum of € 50 (if no exception has been agreed in written with the Client) or, will have a 12-moth period to re-use it in the same or another training of his choice (if available on the calendar)
e. in case of cancellation less than two weeks before the start of the in-contact training, the consumer owes the full agreed price (if no exception has been agreed in written with the Client) or, will have a 12 month period to re-use it in the same or another training of his choice (if available on the calendar)
f. in case of cancellation less that 3 days before the start of the training, the consumer owes the full agreed price (if no exception has been agreed in written with the Client).
5.2 In the case of an agreement concerning only an examination type: VCA-VOL-VIL or SOC Exams , the following cancellation scheme will apply after any no cancellation is possible:
a. cancellation before the start must be done in writing or electronically;
b. in case of cancellation up to six weeks before commencement the consumer will owe the administration costs with a maximum of € 85,-. For computer based exams this term is two weeks before the start;
c. in case of later cancellation, the consumer will owe the full agreed price.
5.3 In the case of distance learning, cancellation is no longer possible once the agreement has been concluded and the cancellation period has expired.
6. Termination of the agreement
6.1 The consumer may terminate a fixed-term agreement at any time. Premature termination does not lead to restitution of the price owed by the consumer or the lapse of the payment obligation thereof, except for the price of course material not (yet) delivered.
6.2 For a period of fourteen days after the conclusion of a distance agreement concerning an education service, the consumer is entitled to terminate the agreement without stating his reasons. If the entrepreneur has not provided all the information as referred to in article 3 subsection 6, this period is fourteen days after the information has been provided, up to a maximum of twelve months after the conclusion of the agreement. General Terms and Conditions Consumers Triple L Certification
6.3 In the case of a distance contract which mainly relates to the purchase of teaching material, the Consumer shall have a period of fourteen days in which to dissolve the contract without giving reasons. This period commences on the day following the day of receipt of the course material. However, if the course material is delivered periodically, as in the case of regular supplements of Syllabi or book packages per year or semester, the cooling-off period ends fourteen days from the first day after receipt of the first course material. If the entrepreneur has not provided all the information referred to in article 3, section 6, then these periods are fourteen days after the information has been provided, up to a maximum of twelve months after receipt of the course material.
6.4 The entrepreneur makes a form available to the consumer for the aforementioned termination of the agreement. The consumer is not obliged to use this form for that purpose.
6.5 With due observance of the provisions of subsection 6, the consumer is entitled, in the event of dissolution in accordance with subsections 2 and 3, to a free refund of what he has already paid. The entrepreneur pays back as soon as possible and in any case within fourteen days after termination.
6.6 In the event of termination according to subsections 2 and 3, the consumer must return any course material received from the entrepreneur to the entrepreneur as soon as possible. The entrepreneur is entitled to charge the consumer for the direct costs of the return shipment. The return takes place at the consumer’s risk. Course material that has been offered on an electronic data carrier and of which the seal of the packaging has been broken cannot be returned and the consumer must pay the price in full to the entrepreneur.
6.7 If the consumer appeals to the possibility of dissolution in sections 2 and 3, any additional money loan agreement as a payment arrangement from the entrepreneur to the consumer will be dissolved by operation of law, without the consumer being liable for any penalty.
6.8 The educational service can only begin during the reflection period at the consumer’s express request. In such cases, the consumer retains his right to terminate the agreement in accordance with paragraph 2. If, in such a case, the consumer dissolves the agreement within the cooling-off period, he will owe the entrepreneur a proportional part of the price of the education service.
6.9 If most of the education service is offered by means of an electronic (learning) environment, the right to cancel ends upon the commencement of the education service, provided that
a. the consumer has explicitly agreed in advance that the implementation can commence before the end of the cancellation period and that he will waive his right to cancellation, and
b. the entrepreneur has confirmed the statement referred to under a to the consumer.
7. Price changes
7.1 If a price change occurs within three months after the conclusion of the agreement but before the commencement of the education service, it will not affect the agreed price.
7.2 The consumer is entitled to terminate the agreement if the price is increased after three months of the conclusion of the agreement, but prior to the commencement of the educational service.
7.3 Paragraphs 1 and 2 do not apply to price changes resulting from the law.
8. Delivery
8.1 Course material
a. The entrepreneur delivers the course material to the consumer on time. Timely delivery is also understood to mean timely access to course material that is offered electronically.
b. In the case of the purchase of course material without instruction, the maximum delivery time is 30 days, unless agreed otherwise. If this delivery period is exceeded, the consumer may dissolve the agreement without further notice of default.
c. Wrong or damaged teaching materials will be replaced immediately by the entrepreneur without cost to the consumer.
8.2 Correction work
a. The consumer will be informed of the period within which submitted assignments or tests will be corrected.
b. The time of receiving corrections must be in reasonable proportion to the time of commencement of the continuation of the education or of any resit.
9. Conformity
9.1 The education service must comply with the agreement and must be carried out in a professional manner and with the use of appropriate facilities.
9.2 The course material supplied must comply with the agreement and must possess the characteristics required for normal use, taking all circumstances into account, as well as for special use in so far as this has been agreed.
10. Payment
10.1 Payment shall be made via bank (ideal, bank transfer, credit card, apple pay ) or in cash, unless otherwise agreed. Cash payment also includes transferring the amount due to a bank or giro account indicated by the entrepreneur at the time of purchase or delivery or payment by means of forms of electronic payment recognized by banks.
10.2 If payment in instalments has been agreed, the consumer must pay in accordance with the instalments and the percentages as laid down in the agreement, with due observance of the provisions of paragraph 3.
10.3 Payment of the education service will take place prior to the commencement of the course. The entrepreneur may require the consumer to pay the full amount no later than 15 working days prior to the commencement of the education service, as referred to in article 3, sub-section 3, under a.
10.4 In the case of the purchase of course material without instruction, payment must be made no later than at the time and place of delivery. The consumer may be required by the entrepreneur to pay no more than half of the purchase price in advance.
11. Late payment
11.1 The consumer is in default once the payment date has passed. After the date has passed, the entrepreneur will send a payment reminder and give the consumer the opportunity to pay within 14 days after receipt of this payment reminder.
11.2 If the consumer does not meet his payment obligation(s) on time, the consumer, after being notified by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to meet his payment obligations as yet, will owe the legal interest on the amount due after the 14-day period has passed and the entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The proprietor may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
11.3 During the handling of a complaint or dispute in accordance with the provisions in articles 15 and 16, the entrepreneur will suspend charging interest and collection costs.
12. Non-performance of the agreement
12.1 If one of the parties fails to comply with an obligation under the agreement, the other party may suspend compliance with the obligation in question. In the event of partial or improper fulfillment, suspension is only permitted to the extent that the failure justifies this.
12.2 The entrepreneur has the right of retention if the consumer fails to meet a due obligation, unless the failure does not justify this retention.
12.3 If one of the parties fails to comply with the agreement, the other party is entitled to dissolve the agreement, unless the failure does not justify the dissolution in view of its minor importance.
13. Liability of the entrepreneur
13.1 Insofar as the entrepreneur culpably fails and the consumer suffers damage as a result, the liability of the entrepreneur for damage that is not the result of personal injury, death or property damage, is limited to compensation for direct damage.
13.2 The liability of the entrepreneur for personal injury, death or property damage is not excluded or limited.
13.3 The liability referred to in paragraphs 1 and 2 extends to persons employed by the entrepreneur, or to persons appointed by him for the execution of the agreement.
14. Confidentiality
Information provided by consumers will be treated confidentially by the entrepreneur, his staff and/or persons working for him. The entrepreneur will conform to the applicable privacy laws.
15. Questions and complaints
15.1 The entrepreneur will answer administrative questions and questions about the content of the education service within 10 working days, counting from the date of receipt. Letters which require a foreseeably longer processing time will be answered by the entrepreneur by return of post with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
15.2 Complaints about the implementation of the agreement must be timely, fully and clearly described and submitted to the entrepreneur, after the consumer has found or could find the defects. Complaints within two months are in any case timely. Not submitting the complaint in time may result in the consumer losing his or her rights in the matter.
15.3 If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure of Article 16.
16. Dispute resolution
16.1 The agreement is governed by Dutch law, unless the law of another country is applicable by virtue of mandatory law.