FUEL FOR INNOVATION B.V. GENERAL TERMS AND CONDITIONS
- Definitions
1.1. Terms and Conditions: These Fuel for Innovation B.V
1.2 terms and conditions.
Fuel for Innovation: Fuel for Innovation B.V. (KvK nr. 74396536), accessible via: Verdiweg 95, 3816KB, Amersfoort, The Netherlands or azwin@fuelforinnovation.com.
1.3. Coaching: coaching during training sessions or personal coaching courses.
1.4. Participant: the person taking part in a Fuel for Innovation training.
1.5. Incompany trajectory: a tailor-made training that Fuel for Innovation organizes exclusively for one or more Clients.
1.6. Client: the party (private or organization) who concludes an agreement (wants) with Fuel for Innovation.
1.7. Training: a training course in which you can participate by means of open registration.
1.8. Training: training, Incompany trajectory or coaching, or any other form of fuel for innovation training. A training can consist of several training modules (in the case of training or an Intercompany trajectory) or multiple coaching interviews (in the case of coaching).
1.9. Quote: any offer from Fuel for Innovation to conclude an Agreement, whether or not at the request of a Client.
1.10. Agreement: any agreement between Fuel for Innovation and a Client.
1.11. Distance agreement: an agreement as referred to in Article 6:230g sub e BW, whereby, until the conclusion of the agreement, only one or more means of distance communication are used.
1.12. Parties: Fuel for Innovation and Client together.
1.13. In writing: by letter on by e-mail.
- Applicability
2.1. The Terms and Conditions shall apply to each Tender and Agreement.
2.2. The Terms and Conditions may only be valid in writing.
2.3. Amended Terms and Conditions are considered to apply (also) to the (issued) Tender and the (concluded) Agreement if the Client has not protested in writing to Fuel for Innovation within 30 calendar days of the dispatch of those amended Terms and Conditions.
- Conclusion of the Agreement
3.1. Tenders are non-binding and valid for 30 calendar days.
3.2. Without prejudice to paragraph 5, the Agreement shall be concluded by written consent of Fuel for Innovation, registration by or contract to Fuel for Innovation and acceptance of this tender or contract by Fuel for Innovation.
3.3. An Agreement is only concluded between Fuel for Innovation and Client. The operation of Articles 7:404 and 7:407 BW is excluded.
3.4. Any agreements, commitments and/or amendments that are different from the Offer, following the conclusion of the Agreement, will bind Fuel for Innovation only if confirmed in writing by Fuel for Innovation.
3.5. A (telephone) goal-setting interview in which the learning goals of a course are aligned with the learning needs of the participant can be part of the training. This conversation is then the starting point of the training and is a prerequisite for participation in that training.
- Implementation of the Agreement
4.1. Agreements concluded with Fuel for Innovation lead to an effort obligation for Fuel for Innovation, not a commitment to results. Fuel for Innovation will take into account the care of a good contractor in the performance of its work as referred to in Article 7:401 BW.
4.2. Deadlines mentioned by the Client or between Fuel for Innovation and Client only apply as target dates and therefore fuel for innovation does not bind.
4.3. Fuel for Innovation is entitled to have (parts of) the Agreement (co-signed) implemented by third parties. If Fuel for Innovation engages third parties to implement an agreement concluded with Fuel for Innovation, Fuel for Innovation is required to select these third parties in such a way carefully.
- Confidentiality
5.1. Fuel for Innovation, its employees and/or third parties engaged by Fuel for Innovation will treat the information provided by the Client confidentially.
- Prices
6.1. All prices listed by Fuel for Innovation are in euros, excluding VAT. Arrangements and subsistence expenses are not included in the prices, unless expressly stated otherwise.
6.2. Fuel for Innovation may pass on to the Client interim cost-increasing factors (including, but not limited to, purchase prices, wages, and taxes) that will play out after the conclusion of the Agreement.
6.3. If the Client is a private individual, and the cost-increasing factors referred to in paragraph 2 lead to a change of price within three months of the conclusion of the Agreement, the Client has the right to terminate the Agreement
6.4. At the request of the Client, a training can be offered exempt from VAT. If this offer is accepted, Fuel for Innovation will provide the training and a pre-storage of 10% will be calculated on the training price.
- Billing and payment
7.1. Fuel for Innovation bills after the Agreement is concluded.
7.2. The client will pay fuel for innovation amounts without settlement, suspension and/or discount within 14 calendar days of invoice date.
7.3. If the Client has not paid in full within the time limit set, the Client is in default without further notice. In addition to the statutory (commercial) interest, the Client also owes collection costs in this case, amounting to 15% of the unpaid amount.
- Relocation or cancellations by Fuel for Innovation
8.1. Fuel for Innovation is entitled to move a training, training module or coaching interview to another training location, different date and/or other time, in which case the Client has the right to cancel the transferred training, training module or coaching interview, without charge. In this case, the client is entitled to reimbursement of the price paid to Fuel for Innovation for the cancelled training module(s) or coaching interview(s).
8.2. Fuel for Innovation is entitled to cancel a training, training module or a coaching interview without giving a reason, in which case the Client is entitled to reimbursement of the price paid to Fuel for Innovation for the cancelled training module(s) or coaching interview(s).
- Cancellations by Client
Right of withdrawal by Distance Agreement
9.1. For 14 calendar days after the conclusion of the Distance Agreement, the client has the right to terminate this contract without giving reasons. In the case of a distance contract which relates exclusively to the registration of a training via website or telephone, the period of 14 calendar days shall start on the day of registration/registration.
Cancel training sessions
9.2. A training can only be cancelled in writing and before the start. In the event of such cancellation, (without prejudice to the cooling-off period referred to in paragraph 1) Fuel for Innovation is entitled to charge the following costs to the Client:a. in the event of cancellation within three months of the start: € 155,- administration/cancellation fee;b. in case of cancellation within six weeks of the start: 50% of the price;c. in case of cancellation within three weeks of the start: 100% of the price.
9.3. Subject to the provisions of Article 3.5, a placed participant may be replaced. If a replacement participates in the training, the Client will continue to owe the prize to Fuel for Innovation.
9.4. If a participant or his replacement has not been present at the training without cancelling, this will be considered a cancellation within three weeks of the start as mentioned in paragraph 2 and will thus be charged 100% of the price.
9.5. Non-participation in an activity on that date of being posted is considered a cancellation (even if the same activity is taken part at a later date).
Cancel coaching
9.6. Coaching interviews can only be cancelled in writing and before the start of the relevant coaching interview. In the event of such a cancellation, (without prejudice to the cooling-off period referred to in paragraph 1) Fuel for Innovation is entitled to charge the following costs to the Client:a. in the event of cancellation within one month of the start of the coaching interview in question: € 155,- administration/cancellation fee;b. in case of cancellation within 2 working days before the start of the relevant coaching interview: 100% of the price.
9.7. If a participant has not been to a coaching meeting without cancelling, this will be considered a cancellation within 2 working days before the start as mentioned in paragraph 5 and will thus be charged 100% of the price.
Cancel Incompany routes
9.8. In-company routes can only be cancelled in writing and before the start. In the event of such a cancellation, (without prejudice to the cooling-off period referred to in paragraph 1) Fuel for Innovation is entitled to charge the following costs to the Client:a. in the event of cancellation up to one month before the start: the actual costs incurred by Fuel for Innovation (by specifying Fuel for Innovation), including in any case an amount of € 155,- in administration/cancellation costs;b. in case of cancellation within one month before the start: the part of the price already billed by Fuel for Innovation, as well as the actual costs incurred by Fuel for Innovation (by specifying Fuel for Innovation).
Cancellation overnight
9.9. An overnight stay booked with Fuel for Innovation can only be cancelled for the actual stay and in writing. In the event of such cancellation (without prejudice to the cooling-off period referred to in paragraph 1), Fuel for Innovation is entitled to charge the following costs to the Client:a. in the event of cancellation within one month for actual stay: 15% of the price;b. in the event of cancellation within 14 calendar days for the actual stay: 35% of the price;c. in the event of cancellation within seven calendar days for the actual stay: 55% of the price.d. if cancelled within three calendar days for the actual stay: 85% of the price.e. cancellation within one calendar day for the actual stay, on the day of the actual stay or at a no-show: 100% of the price.
- Interim termination by Client
10.1. If, after the start of the training, the Client terminates the Agreement in the interim, there is no right to any reimbursement of the amount paid or owed by the Client to Fuel for Innovation.
10.2. If, after the start of the training, the Client terminates the Agreement in the interim, any claims of Fuel for Innovation on Client will be payable immediately.
- Liability
11.1. In the event that Fuel for Innovation’s liability is to be established, Fuel for Innovation is only required to compensate for the direct damage, subject to the restrictions set out in this Article.
11.2. Fuel for Innovation is not liable for the indirect damage (such as, but not limited to, consequential damages, fines, lost revenue, lost profits, missed savings, reduced goodwill, reputational damage and intangible damage).
11.3. Fuel for Innovation is not liable for direct damage caused (partly) by fuel for innovation in the event on which the liability is based on incomplete or defective information provided by or on behalf of the Client or if a participant does not comply with the (safety) instructions.
11.4. The extent of Fuel for Innovation’s liability for direct damage is always limited to the amount actually paid to Fuel for Innovation by the Fuel for Innovation insurer.
11.5. If the Client does not participate in a training, the Client ensures that the participants have accepted the aforementioned liability restrictions.
11.6. The liability restrictions contained in paragraphs 1 to 4 do not apply if the client’s damage is the result of intentional or deliberate recklessness by Fuel for Innovation or its subordinates.
- Intellectual property rights
12.1. To the extent that copyright, trade, design or other intellectual property rights are based on products and services supplied by Fuel for Innovation in implementation of the Agreement, Fuel for Innovation is and remains the holder (under third party licences) or owner of these rights. The Client obtains only a non-exclusive and non-transferable right of use to the extent necessary for the implementation of the Agreement.
12.2. The Client may not use the physical carriers of these rights solely for the purpose to which they are provided to the client, do not multiply them and do not change or delete author, make, model, trade name and other indications.
- Personal data
13.1. Fuel for Innovation processes the personal data provided by the Client in accordance with its privacy statement
13.2. The Client guarantees that the data subjects whose personal data are provided are informed about the processing of their data by Fuel for Innovation.
- Fuel for Innovation employees
14.1. If, during or within 12 months of the conclusion of an Agreement, the Client wishes to employ an employee(s) who uses or has used Fuel for Innovation under the Agreement, the Client is liable to fuel for innovation compensation of 30% of the gross annual salary of the employee(s) concerned.
- Applicable law and disputes
15.1. The Agreement shall apply only to Dutch law.
Version 1.0
June 2019
