Anneloeszuiderveen.com & Precisionmarketing.academy
In these general conditions and the agreements to which they are declared applicable, the following terms shall have the following meanings:
Supplier: Anneloes Zuiderveen | Precision Marketing Academy, located in Arrecife, Spain;
Customer: the natural or legal person who acts in the exercise of a profession or business and who wishes to purchase a certain service or product of Provider;
Contract: The contract for the supply of services or purchase of products between the Provider and the Customer and all further acts between the Provider and the Customer regarding the sale and supply of services or products, including offers and registration procedures and including the general terms and conditions applicable to contracts;
products: the products to be sold and delivered by the Provider to the Customer, online or otherwise, such as E-books, videos and other physical or digital products.
services: the services to be supplied or delivered by the Provider to the Customer, such as training and coaching;
general conditions: these general conditions;
Programme: a programme offered by the Provider with various components, such as training and/or coaching, which are given over a longer period, as described in more detail in the Provider's information material;
Participant: an (additional) participant in a programme designated by the Customer;
Online learning path: the course or training selected by the Customer via an online application from the online offer of the Provider.
These general terms and conditions apply, to the exclusion of third-party terms and conditions, to all deliveries of products and services by the Supplier to the purchaser, all agreements relating thereto and all acts in connection therewith, both of a preparatory and of an executive nature, such as an offer and deliveries.
The applicability of other general terms and conditions (including those of the purchaser) is excluded.
Deviating terms and conditions shall apply only insofar as they have been expressly accepted in writing by the Supplier and shall apply only to the relevant contract.
Amendments and supplements to any provision in the contract shall be valid only if laid down in writing and signed by both parties.
If any provision of these General Terms and Conditions or the contract is invalid for any reason, the provisions contained herein shall remain in force in all other respects.
If any provision of the general terms and conditions or the Agreement is invalid for any reason whatsoever, the parties shall negotiate on the content of a new provision, which provision shall approximate the content of the original provision as closely as possible.
The term "written" with respect to communication between the Supplier and the purchaser shall also be understood to include electronic communication. The electronic system of the Supplier is deemed to be the only proof of the content and time of receipt and dispatch of the electronic communication concerned.
The offer of the Supplier is exclusively directed to customers who act in the course of a profession or business.
3. Realisation of the Agreement
The contract for following a programme will be concluded by the Customer signing the appropriate registration form or by digital registration by the Customer in accordance with the Supplier's specified registration conditions, followed by written notification by the Supplier of the Customer's acceptance and the (additional) Participant in the programme designated by the Supplier to the Supplier.
The Provider will inform the potential Customer as quickly as possible by email to the email address provided by the party concerned whether they (or the (additional) Participant) have been accepted into the programme or not.
As long as the notification referred to in Article 3.2 has not taken place, no agreement on following a programme will come into being, and the Customer may cancel the registration.
The Agreement to follow an online learning programme is concluded by the digital registration of a customer, in accordance with the indicated registration conditions, aimed at the conclusion of an agreement to follow an online learning programme.
The Agreement to purchase a Product is concluded by the Customer electronically accepting the online offer from the Provider and complying with the conditions set therein.
Offers made by the Supplier are not binding until an agreement has been concluded between the Supplier and the Customer.
Prices are non-binding unless specified in a contract. The most up-to-date prices of the Provider shall be stated in the contract.
The prices quoted by the Provider are exclusive of VAT and exclusive of all other taxes, duties or charges due in connection with the performance of the contract. The Provider has a business in the Canary Islands and is therefore subject to the 0% VAT rate with most services provided.
Travel and accommodation costs in connection with following parts of a programme on site and costs of recommended literature are not included in the prices of a programme unless expressly agreed otherwise.
5. Payment and invoicing
The Customer must pay the amounts owed no later than on the agreed payment dates or within the agreed payment periods. Customer is not entitled to suspend its payment obligations, not even in the event of complaints.
If the delivery of services or products is to be paid for in advance, the Customer shall not be entitled to assert any right to delivery thereof until the amount owed to the Supplier has been paid in full.
The Supplier shall send the Customer invoices for services and products delivered or (in the event of advance payment) still to be delivered.
The Supplier shall be entitled to send invoices electronically to the email address indicated by the Customer.
If no other payment period has been agreed, invoices must be paid within 30 days of the invoice date.
Payment shall be made net to the Provider's bank account, without any discount, deduction or set-off. The value date on the bank statements of the Supplier shall be deemed to be the day of payment.
If the Customer has not paid the full amount due within an agreed payment period or no later than an agreed payment date, the Customer shall be legally in default without any notice of default being required. From the day the Customer is in default until the day of full payment, the Customer shall owe default interest of 1.5% on the amount owed per month or part thereof, whereby part of a month shall count as a full month. This applies without prejudice to the Supplier's right to full compensation for damages based on the law.
All costs of collection of the amount owed by the Customer, both judicial and extrajudicial, shall be for the Customer's account. These include the costs of seizure, bankruptcy applications, collection costs and the costs of lawyers, bailiffs and other experts engaged by the Supplier. The extrajudicial collection costs are deemed to be at least 15% of the amount to be collected and are at least € 75.
The purchaser must lodge complaints concerning invoices with the Supplier by registered letter with acknowledgement of receipt at the latest within 8 days of the invoice date, failing which invoices shall be deemed to have been accepted and approved by the purchaser and complaints in that regard shall no longer be accepted.
Incoming payments shall always serve to settle judicial and extrajudicial costs and interest, and shall subsequently serve to settle the oldest outstanding payment obligations with the Supplier, irrespective of any other instructions by the purchaser.
6. Obligations of purchaser and participants in the execution of a programme
The Customer (or an (additional) participant designated by it) must ensure the correct and complete provision of essential information requested by the Provider and/or required for the training/coaching.
An (additional) participant is bound by the provisions contained in the Agreement (including these general terms and conditions).
The Customer guarantees that she and an (additional) participant appointed by her will comply with the provisions included in the Agreement (including these general terms and conditions) that are (also) applicable to participants.
The components of a programme must be completed within the period indicated in the information material on the programme.
The Customer or an (additional) participant appointed by it must adopt a cooperative attitude, based on a positive basic attitude, when following a training/coaching programme.
7. Provider's rights concerning the execution of a programme
The Provider is entitled to change the content of a programme in the interim for reasons of quality improvement;
to determine the group size with regard to the training and coaching sessions in a programme;
to make interim changes to the planning of parts of a programme in terms of place or time;
to determine which teacher/trainer will give a training course or coaching session and, if necessary, to replace a teacher/trainer in the interim;
to cancel a programme completely before the start in the event of insufficient registrations or for other reasons of its own. Accepted customers (participants) will be notified of this, without the Provider being obliged to give reasons, after which their payment obligations lapse and/or payments already made will be refunded;
to refuse (prematurely) the participation of a certain customer (Participant) for reasons of its own. The customer/participant concerned will be notified thereof, without the Supplier being obliged to state reasons, after which their payment obligations will lapse and payments already made (in proportion to performance not yet received) will be refunded.
8. Cancellation by/and absence of customer/participant from a programme
The Customer is entitled to cancel participation by her or an (additional) participant and to terminate an agreement concerning participation in a programme.
Cancellation of participation in a programme or termination of the Agreement must be done by the Customer by means of an email. A cancellation is only official after it has been confirmed by us.
In the event of cancellation by the Customer, the Supplier is not obliged to refund the amount paid by the Customer, and the Customer is still obliged to pay any payment instalments still due to the Supplier. Unless otherwise agreed and recorded separately.
When cancelling participation in a programme, the Customer is entitled to designate another participant to take part in the programme within 7 working days after cancellation. Provider is free to accept or not a substitute participant.
Rescheduling of planned one-to-one conversations in a Programme is only possible in exceptional situations, at the sole discretion of the Provider. Missed calls cannot be made up and do not lead to a change (reduction) in the Customer's (payment) obligations.
9. Cancellation by Provider in the interim of a programme
Provider is entitled to cancel a programme prematurely without giving reasons. In that case, the Customer shall be entitled to reimbursement of the sums paid by him/her less the sums due for services already rendered.
The Provider shall make every effort to the best of his knowledge and ability in carrying out his work of training and coaching. The ultimate result, however, depends on factors beyond the Provider's control. The Supplier does not give any guarantees regarding the results of the work it performs.
With regard to the delivery of products, any liability on the part of the Provider shall be limited to the supply of a replacement product or to the refund of the amount paid by the Customer in the event of defective delivery.
The Provider shall not be liable vis-à-vis the Customer/Participant(s) for any damage resulting from any failure to fulfil its obligations vis-à-vis them or damage arising directly or indirectly from the performance of an agreement, except if and insofar as such damage is attributable to intent or deliberate recklessness on the part of the Provider.
The Provider shall not be liable for any damage resulting from errors or omissions on the part of third parties or auxiliary persons charged by the Provider with carrying out work.
The Supplier shall not be liable for damage resulting from a failure by the Customer/Participant(s) to fulfil the obligations contained in Article 6 or any consequential damage resulting from implementation in the Customer's organisation of documents and plans drawn up during the training in a programme, such as plans of approach.
If and insofar as the Supplier is liable on any grounds whatsoever, such liability shall at all times be limited to direct damage and to the payment made under the Supplier's liability insurance covering the damage in question and making payment.
Apart from the cases referred to in Article 10.6, the Provider's liability shall in any case be limited to the amount charged for the performance giving rise to the damage.
The Customer/participant shall never hold members of the Provider's staff personally liable in connection with a contract.
Every claim against the Supplier, except a claim recognised by the Supplier, lapses by the mere lapse of 12 months after the claim arose.
The Supplier's employees may invoke all contractual defences against the customer/participant as if they were parties to the contract themselves.
11. Force majeure
In the event that the Provider is prevented by force majeure of a permanent or temporary nature from (further) performing the contract, irrespective of whether the force majeure could have been foreseen, the Provider shall be entitled, without any obligation to pay damages, to terminate the contract in whole or in part by written notification without judicial intervention, without prejudice to the Provider's right to demand payment from the Customer for any performance by the Provider prior to the situation of force majeure, or to suspend (further) performance of the contract in whole or in part.
The Supplier shall inform the Customer/participant as soon as possible of the force majeure situation. If possible, the parties shall consult with each other in an attempt to find a solution, such as, in the case of illness of a teacher/trainer, rescheduling of programmed activities.
In the event of suspension, the Provider will still be entitled to fully or partially terminate the Agreement.
Force majeure includes all circumstances as a result of which the Provider is temporarily or permanently unable to meet its obligations, such as illness or death of a teacher/trainer, riots, war, power failures, computer failures, internet failures, (mobile) phone failures and furthermore all circumstances whereby the Provider cannot reasonably be expected to (further) meet its obligations towards the Customer/participant.
12. Performance by third parties
Provider shall be entitled to engage third parties for the execution of an agreement.
The Supplier shall not disclose any information of a content nature that it has received from the Customer (or participants) in the context of the execution of an Agreement, unless otherwise agreed or unless the Supplier is required to do so by law or regulation.
The Customer or participants are obliged to keep secret all confidential information that they have received from the Supplier or other customers/participants in a programme in the context of the execution of a contract. Information is deemed to be confidential if the provider/other participants have indicated this or if this results from the nature of the information. In case of doubt, the information is deemed to be confidential.
14. Intellectual property rights
The intellectual property rights relating to training courses, programmes, documents, brochures, programmes, handouts, lectures, exercises, offers, statements on the internet/site of the Provider, ezines, emails, models, techniques, other documents and information arising from the Provider's work and software used by the Provider are vested in the Provider or its licensors, unless another entitled party to a work has been indicated.
Intellectual property rights and copyrights relating to the items mentioned in Article 14.1 will not be transferred by contract unless otherwise agreed in writing.
Without the prior written consent of the Provider, it is not permitted to process, reproduce or publish, in whole or in part, any concept, material or information supplied to it by the Provider, to make it available to third parties in any medium whatsoever, or to make it available to third parties for inspection, whether or not in return for payment.
It is not permitted to remove or change any rights markings from information supplied by the Provider.
15. Suspension and termination
If: the Customer has not, not promptly or not fully complied with his payment obligations to the Supplier;
the customer files for bankruptcy, is declared bankrupt or applies for a moratorium;
a decision is made and/or taken to wind up the Customer or to terminate the Customer's business activities;
If the Customer or the Participant fails to fulfil its obligations vis-à-vis the Supplier, even after having been given notice of default and a reasonable period in which to do so, the Customer shall be deemed to be legally in default. The Supplier shall be entitled to fully or partially terminate the Agreement with immediate effect, to refuse (further) participation of the Customer and/or the Participant (s) designated by the Customer in a Programme or to suspend obligations (performance of his services), without prejudice to any further statutory rights of the Supplier. In that case, the Supplier shall not be obliged to refund any sums already paid or to pay damages, and shall remain entitled to any sums not yet paid by the Customer which are due pursuant to the Agreement and which become immediately payable as a result of the default.
Upon termination of the Agreement, provisions which by their nature are intended to continue shall remain in force, such as, but not limited to, provisions regarding confidentiality and intellectual property.
16. Personal Data
The Provider shall treat personal data, which it receives in the context of the Agreement with the Customer, with strict confidentiality and in accordance with applicable privacy laws and regulations.
The Provider records the name and address details of the Customer and the Programme participants assigned by the Provider in a customer database. These are used to execute an agreement and may also be used to keep those concerned informed of other services (such as training courses, events and programmes) provided by the Provider.
The Customer and participants consent to the use of the data concerned for the purpose described above.
If a customer/participant does not wish to receive information about (new) services, he/she can at all times notify the Provider and the Provider will discontinue the provision of information.
17. Applicable law and competent rights
Spanish law shall apply to all agreements concluded by the parties. The Vienna Sales Convention 1980 (CISG) shall not apply.
Any disputes in connection with or arising from an agreement shall be submitted in the first instance to the competent court in Spain, without prejudice to the right of the Provider to submit a dispute to another court with jurisdiction under the law/convention.
Provider shall be entitled to amend these General Terms and Conditions. The customer/participant shall be deemed to have accepted the amendments in question if the customer/participant has not received a written objection thereto within 14 days following notification by the Supplier that an amendment is to take place.