The following delivery terms apply in full to agreements with Food Strategy Institute / Food Safety Experts / Food Safety University.
Article 1: Definitions
In these terms, the following terms, with the initial capital letter, are understood to mean:
Client: The natural or legal person who negotiates with the Contractor for the provision of a Contract to perform work or in any way (whether or not via the Contractor's website) has given the Contractor an assignment to perform work.
Contractor: Food Safety Experts, as brand of ConCorEx - Delivering Strategy
Assignment: The contract for service provided by the Client to the Client for individual and groups of participants of one organization or Client for which a quote is made separately and in respect of which an agreement is entered into between the Parties.
Training / training: standard internet-based training / training, meetings and master classes as stated on the Contractor's website, where participants can enroll on an individual basis on training / training.
Research: Examination by the Contractor for individual and groups of participants of one organization or Client for which a tender is made separately and in respect of which an agreement is concluded between the parties.
Personal conversation: a (telephone) conversation between the Contractor and a (potential) participant in a Training / Training in which information and knowledge is transferred in order to achieve the set learning objectives.
Start of training / training: after payment of the first term.
Assignment Start Time: The first day of execution of the assignment.
Cancel / Move: Quit / Move the job to a training / training or move the command start time.
Parties: Client and Contractor jointly.
Article 2: Applicability
2.1 These Terms and Conditions apply to all agreements entered into by the Contractor. The applicability of the terms and conditions of the Client, in any event, is expressly rejected.
2.2 Deviations from these terms and conditions are binding only if and in so far as they have been agreed by the parties in writing.
2.3 If these terms are also in a language other than Dutch, the Dutch version will be binding in case of a dispute.
Article 3: Completion of the agreement
3.1 Training / Training
The contract between the Contractor and the Client for following a Training / Training is accomplished by the Client's valid signature of the intended registration or application form, or by the Written Confirmation signed by the Contractor, or by written confirmation by the Contractor. The Client of his telephone or e-mail sent notification or assignment.
3.2 Assignment
The contract between the Contractor and the Client is established by the Client's valid signature of the tender submitted by the Contractor, or by the valid signature of the written confirmation by the Client, or by the lawful written confirmation by the Contractor of the telephone application or assignment of Client.
3.3 Non-binding character quote
All offers and offers of Contractor shall not be binding until an agreement has been concluded between the Parties regarding that offer.
Article 4: Implementation of the agreement
4.1 Contractor is entitled:
a. Change the schedule of training / training in terms of place and time;
c. In case of insufficient notifications, you can cancel a training / education program, or not accept new registrations for an existing education / training program. Subscribed participants receive this notice, after which their obligations expire and / or already fulfilled obligations are reimbursed;
c. To increase the group size in exceptional cases with up to 2 participants.
4.2 In so far as tenders submitted by Contractor are based on information provided by the Client, this means that he has provided all the essential information for the design and execution of the sacrificed work to the best of its knowledge. The contractor will perform the services provided by him to the best of the knowledge and ability, and in accordance with the requirements of professional workmanship. If the execution shows that there are circumstances that require a modified approach, then the Contractor will, in consultation with the Client - or vice versa - attempt to adjust the original assignment. Both the Client and the Contractor have the duty to signal this in time and to discuss the consequences for the assignment and any (more) costs and to write in writing.
4.3 Duration and conclusion of an investigation
a. Quotations for Investigator's research are inextricably linked to the design of the work described in the project proposal (contractor). Changes in the design, including size, phasing of the project, the method, analysis and reporting made in consultation with the Client may lead to adjustment of the costs due.
b. If interim change in the conduct of the investigation results from facts or circumstances that fall within the client's risk area, the Contractor is entitled to make adjustments to the defined design for the investigation if this is required for the quality of the service. The Contractor is entitled to calculate the associated (more) costs to the Client.
c. The contractor can only indicate in advance how long the lead time for the execution of a project will be. An agreed term or end date of work and reporting is therefore not intended as a fatal term, unless explicitly agreed otherwise.
d. An agreement for research is always undertaken for a minimum term and / or for a minimum number of (repetitive) measurements. Unless otherwise agreed, such agreement shall not be terminated in the meantime. If multiple (repetitive) measurements have been agreed while no agreed deadline has been agreed within which a maximum period of 24 months will be required within which a (repeat) measurement must be started.
e. If, within the maximum term of the investigation, the (repeat) measurement has not been initiated by the Contractor, despite the Customer being able to do so by the Contractor, the Contractor will bill the (repeat) measurement to the Client. Unless otherwise agreed, the price of a non-repetitive measurement is equal to the price of the last charged (repetitive) measurement.
f. If further (repetitive) measurements are made, the invoice date for the late (repeat) measurement also applies as a start of a new term as referred to in 4.3d.
Article 5: Cancellation or relocation
5.1 Right to Cancel
a. The Client is entitled to cancel the agreement within the first 14 days of the contract. There be no costs involved for the Client. In order to cancel, the Client will send an email to the Contractor on [email protected] explaining the reason for cancellation.
5.2 Training / training by the client
a. The contractor for a training / education is entitled to take part in, or to cancel the assignment for a training / training in writing. The cancellation date is the date of the postmark, e-mail date or fax date.
b. After the agreement has been entered into, cancellation before the cancellation period referred to in 5.1c will commence, € 200, - excluding VAT will be charged to the administration fee.
c. Cancellation by the client of the training / training can be done free of charge until four weeks before the start of the first training or training block on the administration fee as specified in 5.1b: after, unless the training has already begun. If the training / training is canceled less than 4 weeks before the start of the first training or training course, 100% of the training / training fee will be calculated.
d. In the event that the client or the participant designated by the client, after termination of the training / training terminate the participation or otherwise does not participate in the course, the Client will not be entitled to reimbursement or entry into another training / training .
e. Cancellation costs are due and payable in a similar way as invoices sent by the Contractor.
f. The cancellation scheme for arrangements associated with training / training is different and is stated by the contractor in the confirmation letter for participation in a training / training to the client.
5.3. Mission and / or research by the client
a. The contracting party has the right to cancel the assignment in writing. The cancellation date is the date of the postmark, e-mail date or fax date.
b. After the agreement has been reached, it is not possible to cancel free of charge. In case of cancellation before the cancellation date enters into account, 10% of the contract amount (with a maximum of € 200, - excluding VAT per day of execution) will be charged to administration fees.
c. Cancellation or change of data by the Client can take place 8 weeks before commencement of the assignment. This will only charge you for the administrative costs, as mentioned in article 5.2b.
d. In case of cancellation or change between 8 to 4 weeks prior to commencement of the contract, the Client is obliged to pay 50% of the agreed contract.
e. In case of cancellation or change until 2 weeks before commencement of the contract, the Client is required to reimburse 75% of the agreed amount.
f. In case of cancellation or change shorter than 2 weeks before commencement of the contract, 100% of the agreed offer fee must be reimbursed.
g. By way of derogation from article 5.2b, cancellation or modification of individual guidance or coaching may be done free of charge up to 4 working days prior to the session.
h. In case of cancellation or change between 4 working days and 2 working days prior to the session, the Client is required to pay 50% of the agreed contract.
i. In case of cancellation or change shorter than 2 working days prior to the session, the Client is obliged to pay 100% of the agreed assignment fee.
j. The cancellation fee is due immediately and payable.
Article 6: Cancellation or Change by Contractor
The Contractor has the right to cancel the training / assignment or assignment, or to refuse participation of a Client or the Client (substitute) designated by the Client, in which cases the Client is entitled to repayment of the whole paid amount by the Client to the Contractor.
Article 7: Replacement
The contractor or the participant designated by the principal may, in lieu of the notified participant, take part in the training / assignment in consultation, if the replacement is notified to the contractor within 24 hours after the cancellation of the original participant. The condition for the replacement is that the planning and keeping of the personal purposeful conversation is reasonably possible, at the sole discretion of the contractor, still possible. Substitution of a participant for a master's degree program must also be communicated to the contractor within 24 hours after the cancellation, provided that the replacement participant demonstrably complies with the admission requirements set by the Contractor for participation in the relevant program. This provision does not affect the Contractor's right under Article 6. Replacement after the start of the training / training or assignment is no longer permitted.
Article 8: Prices
Prices are unrelated unless included in a written agreement as referred to in Article 3. The most current prices are listed on the website foodafety-experts.com.
Article 9: Payment training / training, assignments and research
9.1. The contractor charges the fees due by the client by way of an invoice. The client must pay the due fees 30 days after the invoice date, but no later than 1 month before commencement of the training / assignment or assignment, in the manner specified by the contractor without the client being entitled to claim suspension or settlement due to a (presumed) shortcoming in The execution of the contract accepted by the contractor to which the invoice relates unless otherwise explicitly agreed. For special actions such as last-minute additions, the fee payable before the training / training must be met.
9.2. When participating in a master's degree, the contractor will charge the training price due in the course of 1 term by the client by means of an invoice. The Client must meet the invoice one month before the commencement of the training, but no later than 10 days after invoicing in the manner specified by the Contractor, without the Client being able to claim suspension or settlement due to a (supposed) shortcoming in the execution of the Contract accepted by the Contractor to which the invoice relates unless explicitly agreed otherwise.
9.3. The travel and arrangement / accommodation costs as well as recommended literature related to participation in a training / education or assignment are not included in the course price unless explicitly agreed otherwise in writing.
9.4. If the Client does not pay the Client (s) sent by the Client within the agreed term, he is in default without any notice of default. From the due date, the Contractor is always entitled to charge the statutory interest and the actual collection fee in accordance with the Report for Work II, without prejudice to the Contractor's right to compensation for other damages incurred by the Client.
9.5. If the Client is in default due to non-timely and / or incomplete payment, the Contractor is entitled to immediately suspend execution of the assignment, including the right to refuse participation in the training / training.
Article 10: Suspension and dissolution
Contractor has the right to refuse participation of the Client or of the participant designated by the Client in a training or (custom) assignment or to suspend execution of the assignment if the Client has not fulfilled his payment obligation in good time, without prejudice to the provisions In Article 13.
Article 11: Copyright
11.1 Models, techniques, instruments, including software, used for the performance of the work and included in the result, are and remain the property of the Contractor. Disclosure can only be made after obtaining the consent of the Contractor. The client has the right to multiply pieces for use in their own organization, as appropriate within the purpose of the assignment. Copyright to the brochures, project material and training and training material provided by the Contractor is based on the Contractor, unless another copyright holder is indicated at work.
11.2 Copyright to reports, proposals and other documents arising from the Contractor's work shall be based exclusively on the Contractor unless otherwise agreed in writing. The Contractor also reserves the right to use the knowledge acquired by carrying out work for other purposes, insofar as no confidential information is notified to third parties.
Article 12: Liability
12.1 The contractor is committed to performing the best insight and ability in the given assignments. This means that the Contractor provides for a good quality of the performance of the work. However, the final result is equally dependent on factors beyond the control of the Contractor, if it is a consequence of the Contractor's activities. Therefore, the Contractor cannot provide any guarantees regarding the expected results of the work performed by it.
12.2 The Contractor accepts no liability to the Client for any damages except in the event that its liability insurance covers the damage and insofar as the insurer passes for benefits.
12.3 In addition to the cases referred to in paragraph 2, liability is limited to the amount charged for the injurious performance or, in the case of a duration agreement, to the invoice amount over a period of 6 (six) months. In no case will the compensation be more than € 2,000, - excluding VAT.
12.4 To the extent that sports and related activities are part of the contract concluded with the Contractor, participants in such activities must themselves assess whether they are physically and in a certain condition capable of being able to participate in such activities. Contractor explicitly excludes all liability for damage resulting from participation in such activities, both towards the Client and to the Participant. The provisions of the second and third paragraphs of this article shall apply mutatis mutandis.
12.5 Any liability of the Contractor for indirect damage, including consequential loss, loss of profits and damage caused by business stagnation, is expressly excluded.
12.6 The Contractor will never be liable for damage resulting from:
a. Any shortcomings of the Client or the Client designated participant (s) in compliance with his / her obligations, including the provision of insufficient cooperation in the performance of the agreement.
b. Incorrect and / or incomplete and / or inaccurate information provided by the Client. The Client stands for the accuracy and completeness of the essential information for the project.
c. Contractor is not liable for possible consequential damages of implementation in the organization of the Client, or participant in examinations produced by participant during the course, such as plans of approach, practical assignments and the like.
Article 13: Registration of persons
13.1 All personal data obtained under the agreement with the Participant / Client shall be treated strictly confidential and in accordance with applicable privacy laws and regulations by the Contractor.
13.2 The research data obtained by the Contractor at the Client may be used in anonymized form for (scientific) research activities. The data may thus be published, without the explicit consent of the Client, no mention of the exact origin of the data. The Client also grants the Contractor permission for the Contractor to use the Contractor for use by the Contractor of the data generated by it for the purpose specified in paragraph 3.
13.3 Name and address details are included in the Contractor's customer base and are used to keep the person concerned informed of training. If a participant indicates no pricing for the transmission of information other than for his / her own education, this will be immediately respected.
Article 14: Applicable law and competent court
Dutch law applies to any agreement between the Contractor and a Client. Disputes arising from agreements to which these terms apply will be settled by the competent court in Almelo, The Netherlands.