General Terms and Conditions
1. Definitions
In these general terms and conditions, the following terms shall have the meanings set out below:
1.1. Knowvium Opleidingen: Knwovium B.V., Witteweg 4 T, 6586 AE Plasmolen, The Netherlands, trading under the names Knowvium Opleidingen, Re-Inspire and Fit4FutureFormula (hereinafter jointly and individually referred to as "Knowvium").
1.2. Counterparty: The party, including customers, clients, subscribers or participants, with whom Knowvium B.V. has entered into an Agreement.
1.3. Participant: Any person who takes part in a course, training, programme, congress or event.
1.4. Services: Activities performed by Knowvium on behalf of or for the benefit of the Counterparty, such as providing courses and trainings, organising congresses and events and writing texts and articles. This is meant in the broadest sense of the word and in any case includes the activities described in the order confirmation.
1.5. Course / Training: A course, training, further or refresher training, study or theme day, workshop, congress or event or any other form of education provided by Knowvium. A course may be “open” or “in-company”. An “open” course is a course that is open to any interested person who meets the admission requirements. An “in-company” course is a course provided for a closed group of participants, on behalf of a client.
1.6. Educational Material: Course, lesson or instructional material, documentation, hand-outs, readers, syllabi or any other material, in whatever form, that is used for the execution of a course or assignment.
1.7. Examination: An examination administered by Knowvium or by a third party as the conclusion of a course or training.
1.8. Agreement: Any (written) arrangement between Knowvium and the Counterparty to supply or make available one or more publications, services or digital products in return for payment of the agreed price.
1.9. In Writing / Written: Communication by post or by electronic means (e-mail).
1.10. Publication: A quantity of coherent text in printed form, such as books, thematic booklets, magazines, factsheets and similar, not being software, published by Knowvium.
1.11. Subscription: An agreement between Knowvium and the Counterparty under which Knowvium grants the Counterparty electronic access to a Digital Product by means of a personal login code.
1.12. Digital Product: A product or service that consists of Knowvium making software and/or information available online, or of the delivery of data carriers, such as a CD-ROM or USB stick, containing software and/or information, including any updates thereof.
1.13. Software: Any computer program supplied by Knowvium or made available to the Counterparty.
1.14. User: A natural person associated with the organisation of the Counterparty who, under the Agreement, is entitled to use a Digital Product.
2. Scope
2.1. These general terms and conditions apply to all offers and agreements, whether written or oral, of Knowvium. Third parties engaged in the execution of the activities may also invoke these general terms and conditions.
2.2. Provisions that deviate from these general terms and conditions are only applicable if they have been agreed in writing.
2.3. If one or more provisions of these general terms and conditions are null and void or are annulled, the remaining provisions of these general terms and conditions will continue to apply. In such case, Knowvium and the Counterparty will consult in order to agree new rules.
2.4. General terms and conditions of the Counterparty are not accepted by Knowvium, unless their acceptance has been expressly confirmed in writing by Knowvium.
2.5. If a student of Knowvium registers as a Participant for a course, training, further training, refresher course or workshop of Knowvium, these general terms and conditions apply to all such agreements.
3. Agreements
3.1. All offers and quotations of Knowvium are without obligation, unless expressly stated otherwise in writing. Offers and quotations are valid for 45 (forty-five) days, unless Knowvium and the Counterparty expressly agree otherwise in writing. The content of folders, brochures, advertisements and other promotional material, whether or not in electronic form, does not bind Knowvium.
3.2. An Agreement is concluded when a written or oral order, including a telephone order, registration or assignment is placed with Knowvium and accepted by Knowvium. By placing an order, registration or assignment, the Counterparty accepts these general terms and conditions. Acceptance of the order, registration or assignment by Knowvium takes place in writing. Knowvium is entitled to refuse a registration for a Course or event without stating reasons.
3.3. For all agreements and quotations a reflection period of fourteen (14) days applies.
3.4. The content of the order, registration or assignment is as received by Knowvium. Input errors and other mistakes made in the order, registration or assignment are entirely at the risk of the Counterparty. If such an error, whether or not at the request of the Counterparty, leads to the re-issue of a document or invoice that has already been sent to the Counterparty, an amount of € 75.00 will be charged to the Counterparty.
Subscriptions
3.5. Subscriptions are entered into for a minimum period of one (1) year, with the commencement date being the date on which the login code is made available to the (User of the) Counterparty. After the initial subscription period, subscriptions are tacitly renewed, for the first time as of the first day of the month following the month in which the first subscription ends, for a period of one (1) year, unless the Counterparty terminates the Subscription in Writing at least two (2) months before the end of the current subscription period.
Software
3.6. Knowvium grants the Counterparty a non-transferable and non-exclusive right to use the Digital Product and the Software. This right of use comprises only those powers that are granted to the Counterparty under these terms and conditions. Outside of that scope, the Counterparty is expressly prohibited from publishing, reproducing or modifying the software, in whole or in part. The right of use includes only the displaying, consulting and operating of the Digital Product or the Software, by means of a computer or similar data processing equipment, in accordance with the specifications and instructions provided, as well as the storing or printing of non-substantial parts of the contents of the product. In the case of delivery by means of a data carrier, such as a CD-ROM or USB stick, the right of use comprises only the downloading of the software in order to make it available for use by Users who are authorised to do so. The Counterparty is not permitted to make a back-up copy without the prior written consent of Knowvium. The data carriers remain the property of Knowvium; no transfer of ownership to the Counterparty takes place.
3.7. The right of use of the Software may only be exercised by a natural person or persons, associated with the organisation of the Counterparty, to whom the Agreement explicitly grants the right to use the software. If the Agreement does not grant the right of use to a specifically named person, the Software may only be used by one natural person on a maximum of two computers. If the Software is or will be used by more or other persons or on more or other equipment, the Counterparty is obliged to pay the fee that Knowvium normally charges for such additional or different use, without prejudice to all other rights of Knowvium, such as the right to dissolve the Agreement and/or the right to claim damages.
3.8. For Software developed by third parties and made available by Knowvium to the Counterparty, whether or not as part of a Digital Product, the terms and conditions of those third parties apply, without prejudice to the rights of Knowvium under these general terms and conditions and without those terms and conditions imposing more far-reaching obligations on Knowvium than those arising for Knowvium from these general terms and conditions. By placing an order, registration or assignment, the Counterparty also accepts the terms and conditions of the said third parties. At the request of the Counterparty, the terms and conditions of third parties will be sent to it free of charge.
3.9. Insofar as the Counterparty qualifies as a consumer within the meaning of applicable (international) consumer protection law, any mandatory statutory consumer protection provisions (including statutory rights of withdrawal) shall apply in full and shall prevail over these General Terms and Conditions to the extent they conflict therewith.
4. Cancellation
4.1. In the event of an insufficient number of registrations for a Course, Knowvium is entitled to cancel a Course and not to accept a registration, without being obliged to compensate any damage or costs.
4.2. For Agreements relating to Courses and events, the Counterparty may cancel in Writing up to four (4) weeks before the start date of a Course or event. The date of the postmark or the date on which the electronic message is received shall be decisive in determining the time of cancellation.
4.3. Upon registration, a reflection period of fourteen days applies. After this reflection period, the following applies to the Counterparty:
- in case of cancellation up to four (4) weeks before the start of the course, cancellation charges of € 100,– excluding VAT are due.
- in case of cancellation within four (4) weeks before the start date of the Course, or in case of absence or non-participation without (timely) cancellation, the full agreed fee is due. The Counterparty is entitled, upon presentation of the participation certificate, to have a substitute participate in the Course or event in place of the registered but prevented person.
- 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.
4.4. If registration takes place less than fourteen days before the start, the reflection period of fourteen (14) days is not feasible. In such a case, free cancellation is possible up to four (4) days before the start of the Course. After this period, the full agreed fee is due.
4.5. Refunds: If a customer is entitled to a refund, the amount will, after mutual agreement, be transferred within 30 days to the bank account specified by the customer.
5. Invoicing and prices
5.1. Services are invoiced in advance at the start/commencement of the Services. Publications and Digital Products are invoiced prior to delivery or to being made available online, unless expressly agreed otherwise in writing between Knowvium and the Counterparty. Subscriptions are invoiced in advance for the full subscription period. After renewal, subscriptions are invoiced in the month prior to the original month in which the subscription commenced.
5.2. Delivery of Services, Digital Products and Publications takes place at the prices applied by Knowvium at the time the Agreement is concluded.
5.3. For a number of courses, the Counterparty can choose between VAT-exempt and VAT-exclusive pricing. Where applicable, this option will be expressly indicated. Prices are exclusive of any other government-imposed levies and administration and shipping costs, unless expressly agreed otherwise in Writing.
5.4. Changes in or to an assignment may result in an adjustment of the agreed price and/or of the original schedule and delivery time. Such changes do not constitute grounds for dissolution.
5.5. If, after conclusion of an Agreement, factors included in the prices, such as wages, purchase prices and the like are subject to change, Knowvium is entitled to adjust the prices. The amended prices apply, unless agreed otherwise in Writing, from the moment they are introduced by Knowvium.
6. Payment
6.1. Unless expressly agreed otherwise, the Counterparty must pay invoices within thirty (30) days of the invoice date. In any event, the full amount, or the agreed part of the invoice, must be paid before the start of the Course.
6.2. If payment is not made on time, the Counterparty is in default without any further notice of default being required.
6.3. If the course and examination fees have not been paid prior to the examination date of a Course, the Participant will be excluded from the relevant examination.
6.4. The Client or Participant is, without prejudice to the other obligations, liable to pay statutory interest on the outstanding amounts from the invoice due date until the date of full payment.
6.5. All costs incurred by Knowvium in order to collect the amounts due are for the account of the Client or Participant. These costs amount to at least € 75,–.
6.6. If two or more (legal) persons have placed an order, registration or assignment, each of them is jointly and severally liable for payment of the amounts due to Knowvium, regardless of the name on the invoice.
6.7. Knowvium is at all times entitled, both before and after conclusion of an agreement, to require security for payment. In such a case, Knowvium may suspend performance of the agreement until security has been provided and/or (partial) prepayment has been received by Knowvium.
6.8. Goods delivered remain the property of Knowvium until full payment, including the costs referred to in this article, has taken place.
7. Performance of the order, registration or assignment
7.1. As soon as possible after the Agreement has been concluded, Knowvium will deliver the Publication or Digital Product ordered by the Counterparty, provided the product is in stock and the required advance payment has been made. On the basis of the instructions provided by Knowvium, the Counterparty is itself responsible for the installation and implementation of the delivered Digital Product and for the choice and functioning of the equipment and electronic communication networks used by the Counterparty to access the Digital Product.
7.2. Knowvium will carry out the agreed Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Knowvium does not guarantee that any intended result of the Services will be achieved. Knowvium has only a best-efforts obligation, unless expressly agreed otherwise in writing. Knowvium determines the manner in which and by which person(s) the Services are performed.
7.3. Knowvium may change the composition of the team of trainers, or replace the person charged with the performance of the Services by another person, if Knowvium considers this necessary for the performance of the Services. Such change may not reduce the expertise of the team of trainers or of the person engaged, nor adversely affect the continuity of the performance of the Services.
7.4. Knowvium is entitled to have certain work carried out by third parties designated by Knowvium, if Knowvium considers this desirable for optimal performance of the Services. If such third party wishes to limit its liability in connection therewith, Knowvium is of the opinion that the assignments given to it include the authority to accept such limitation of liability on behalf of the Counterparty.
7.5. In the event of an insufficient number of registrations for a Course or event, Knowvium is entitled to postpone a session to a later date or to cancel it.
7.6. The content of a Course or event of Knowvium is set out in the most recent brochure and/or stated on an internet page of its website Knowvium.nl. Knowvium is entitled to make changes to the content of a Course and to change the time and location of a session. Knowvium will inform the Counterparty of this in good time.
8. Participants, lessons, educational material, examination
8.1. To be admitted to a Course, the Participant must have at least Dutch language level B2. This means that the Participant must be able to deal orally and in writing with theoretical and abstract texts.
8.2. Admission of a Participant on the basis of the admission criteria provided by Knowvium does not guarantee that the Participant will successfully complete or pass the course. If a course is organised in cooperation with a client, the selection of Participants will in principle be left to the client, who will, as far as possible, adhere to the admission criteria of Knowvium.
8.3. Knowvium is entitled to exclude Participants who, through their behaviour or otherwise, hinder the normal progress of the Course from further participation in the Course. In case of exclusion, the course fee remains due.
8.4. The agreed lesson dates and times are strictly observed, except in cases of force majeure. Knowvium is not obliged to repeat lessons for Participants who were unable to attend. Payment for missed lessons remains due. However, Knowvium undertakes to make efforts to allow missed lessons to be caught up in other groups where possible.
8.5. In principle, no duplicate copies of Educational Material are provided. Knowvium may, at its own discretion, make an exception to this rule. In such case, the duplicates will be provided against payment.
8.6. Certain examinations organised by Knowvium/HAN are subject to an examination regulation, which will be made available for inspection to the Participants of a Course. Participants in an examination are required, at the request of an examiner or a staff member of Knowvium, to identify themselves with a valid identity document.
9. Premature termination of the course agreement
9.1. If the Participant terminates the course prematurely and has not paid per module, the Participant is not entitled to any refund. In that case, the Participant may, where possible in terms of planning and availability, complete the remaining modules separately within two academic years. Examination fees and the costs of new teaching materials are for the account of the Participant.
9.2. If payment has been made per module, the Participant must register separately (where possible in terms of planning and availability) for the remaining modules within two academic years. Examination fees and any costs of new teaching materials are fully for the account of the Participant.
9.3. Premature termination entails that the Participant accepts the risk that there may be no places available within two academic years in the modules which the Participant still has to complete.
9.4. Premature termination does not in principle entitle the Participant to a refund of course fees, except in cases of force majeure. Force majeure has the meaning accorded to it in case law.
10. Force majeure
10.1. Force majeure is any failure in performance that cannot be attributed to Knowvium because it is not due to its fault and is not at its expense pursuant to law, legal act or generally accepted practice.
10.2. In the event of temporary force majeure on the part of Knowvium, Knowvium is entitled to extend the delivery period by the period during which the temporary force majeure continues. Temporary force majeure also includes the situation where an insufficient number of registrations for a planned Course or event has been received by Knowvium, or where a Publication is no longer in stock.
10.3. In the event of permanent force majeure that makes delivery of Publications and commencement of Services impossible, both Knowvium and the Counterparty are entitled to dissolve the Agreement extrajudicially, without the Counterparty being entitled to claim damages. Permanent force majeure also includes the situation where a Publication has sold out and will not be reprinted, or where, after a first postponement of the start date of a Course or event, there are still insufficient registrations for it received by Knowvium.
10.4. In the event of temporary force majeure on the part of Knowvium, including the situation where no trainer is available for a planned course day, Knowvium is entitled to cancel that course day. Knowvium is, however, obliged to do everything reasonably possible to prevent the absence of a trainer. The cancelled course day will be rescheduled as soon as possible and the Counterparty will be informed in due time.
11. Intellectual property
11.1. All intellectual property rights and similar rights, including but not limited to copyrights, trademark rights and database rights in relation to the Publications published by Knowvium, the Services provided or the Digital Products delivered or made available, are vested in Knowvium and its licensors. The Agreement concluded with the Counterparty does not in any way entail the transfer of intellectual property rights or similar rights, unless expressly agreed otherwise in writing. The Counterparty shall refrain from any form of infringement of these rights, subject to a penalty of € 5,000 for each infringement and for each day that the infringement continues, without prejudice to all other rights of Knowvium, including the right to specific performance or the right to dissolve the Agreement and/or claim damages.
11.2. Unless expressly permitted by law or by Knowvium, the Counterparty is expressly prohibited, whether or not through third parties, from reproducing, publishing or exploiting the Publications published by KNOWVIUM, the Services provided or the Digital Products delivered or made available.
11.3. Without the express Written consent of Knowvium, the Counterparty is not permitted to provide the Publications published by Knowvium, the Digital Products delivered or made available and printouts thereof to third parties.
12. Complaints
12.1. Complaints relating to Publications, Digital Products, Services or the invoice amount must be submitted to Knowvium in Writing within fourteen (14) days of the date of dispatch or the time the Digital Products are made available, or during or within fourteen (14) days of completion of the Service to which the complaint relates, or within fourteen (14) days of discovery of the defect if the Counterparty demonstrates that it could not reasonably have discovered the defect earlier.
12.2. Complaints as referred to in the first paragraph do not suspend the payment obligation of the Client.
12.3. In the event of a complaint that Knowvium considers to be justified, Knowvium shall have the choice between adjusting the fee charged, remedying or re-performing the rejected work free of charge, or wholly or partially ceasing the performance of the assignment against a proportional refund of amounts already paid by the Counterparty.
12.4. Without prejudice to the foregoing, complaints from Participants about the (quality of the) Course, trainer or examination may also be submitted via the designated e‑mail address as stated on Knowvium’s website. Knowvium will normally confirm receipt of such a complaint within fourteen (14) days.
12.5. Knowvium will handle complaints about Courses with due care and will, where possible, deal with them within four (4) weeks of receipt. If a longer period is required, the Counterparty will be informed accordingly, together with an indication of when a substantive response can be expected.
12.6. If and insofar as Knowvium is affiliated with any (industry) register or external dispute resolution body, the Counterparty may – after the internal complaints procedure has been followed – submit a dispute to such body, insofar and in the manner provided for in the relevant regulations.
13. Liability
13.1. The greatest possible care is taken by Knowvium with regard to the content of the Educational Material, Publications, Digital Products and Services supplied and made available. However, Knowvium does not guarantee the absence of errors, inaccuracies, unlawfulness or incompleteness or delays in the updating of such materials or in the transmission thereof. Knowvium, the authors and other persons producing the products or providing the Services are in no way liable for such errors, inaccuracies, unlawfulness, incompleteness or delays in updates.
13.2. The liability of Knowvium for direct damage suffered by the Counterparty as a result of Knowvium’s failure, other than as referred to in Article 13.1, to fulfil its obligations, except in the case of damage resulting from intent or wilful recklessness on the part of Knowvium or its directors, is limited to a maximum amount equal to the price, excluding VAT, charged or to be charged to the Counterparty for the relevant Publication, Digital Product or Service. In the case of an Agreement for a term of at least one (1) year, or in the case of an Agreement for an indefinite period, the amount referred to above is limited to the fees, excluding VAT, charged to the Counterparty in the six (6) months preceding the damage-causing event. Knowvium is never liable for indirect or consequential damage.
13.3. The Counterparty indemnifies Knowvium against all claims from third parties for damage related to Agreements concluded by Knowvium. This indemnification also includes all damages and costs incurred by Knowvium as a result of such a claim.
13.4. Knowvium is not liable for damage suffered by the Counterparty as a result of the use of electronic means of communication, including but not limited to damage resulting from non-delivery or delay in the delivery of electronic communication, interception or manipulation of electronic communication by third parties or by the software/hardware used for sending, receiving or processing electronic communication, the transmission of viruses and the non-functioning or malfunctioning of the telecommunications network or other required means of electronic communication, except insofar as the damage results from intent or wilful recklessness on the part of Knowvium. Data extracted from Knowvium’s computer systems provide conclusive evidence of the content of the electronic communication sent by Knowvium until counter-evidence is provided by the Counterparty.
13.5. Knowvium is not liable for damage to or loss of documents during transport or during dispatch by post, irrespective of whether the transport or dispatch is carried out by or on behalf of the Client, Knowvium or third parties.
13.6. Knowvium is at all times entitled, where possible, to undo or mitigate the damage suffered by the Counterparty.
13.7. The total liability of Knowvium for damage due to death or personal injury or for material damage to goods is limited to the amount(s) paid out under the insurance taken out by Knowvium, including the excess borne by Knowvium in relation to that insurance.
14. Termination and notice
14.1. If an Agreement has been entered into for the duration of a specific assignment or for a fixed term, the Agreement will terminate by operation of law when the project has ended or the term has expired, without any notice of termination being required. An Agreement entered into for an indefinite period may be terminated by registered letter, subject to a notice period of four weeks.
14.2. If the Counterparty fails to comply with its obligations towards Knowvium, is unable to pay its debts, applies for bankruptcy or suspension of payments, discontinues its business operations, or if its assets are seized due to substantial debts, Knowvium is entitled to dissolve the Agreement without prior notice of default and/or without observing any notice period.
14.3. Knowvium is never obliged to pay any compensation as a result of the termination of an Agreement as referred to above.
14.4. In the event of termination of the Agreement, all amounts owed by the Counterparty to Knowvium become immediately due and payable in full.
15. Privacy
15.1. Within Knowvium we work in accordance with the GDPR guidelines. All our employees and the parties with whom we cooperate are aware of the applicable guidelines. All information provided during lessons or in assignments handed in is treated confidentially. In order to safeguard privacy, we prefer that assignments to be submitted are anonymised.
15.2. To safeguard the privacy of all Participants and the confidentiality of what is shared during the lessons, it is not permitted to make photo, video or audio recordings during the lessons.
16. Limitation Period
Unless otherwise provided in these terms and conditions, all rights of action and other powers of the Counterparty vis-à-vis Knowvium will lapse one year after the moment at which the Counterparty became aware or could reasonably have become aware of the existence of such rights of action and powers.
17. Amendment of the General Terms and Conditions
Knowvium is entitled to amend these General Terms and Conditions. Amendments to the General Terms and Conditions also apply to existing Agreements. Amendments will be announced by Knowvium on its website www.Knowvium-opleidingen.nl and will enter into force fourteen (14) days after the date of announcement or on such later date as stated in the announcement.
18. Applicable law and choice of forum
18.1. All Agreements between the Counterparty and Knowvium to which these general terms and conditions of delivery apply are governed by Dutch law.
18.2. All disputes relating to the conclusion, interpretation and/or performance of an Agreement between the Counterparty and Knowvium shall, without prejudice to the provisions below, be submitted to the competent court in Arnhem, the Netherlands.
18.3. Where the Counterparty qualifies as a consumer within the meaning of applicable consumer protection law, this choice of forum shall not affect any mandatory jurisdiction rules that grant the consumer the right to bring proceedings before the courts of their place of residence.
19. Language
19.1. These General Terms and Conditions have been drawn up in a Dutch and an English version. In the event of any inconsistency or difference in interpretation between the two versions, the English text shall prevail.
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