General conditions
Arrangements for participants
Terms
1. General Terms and Conditions: these general terms and conditions.
2. Participant: a person registering for a program associated with the Bildung Academy.
3. The Bildung Academy, further referred to as 'the Academy'.
4. Website: www.debildungacademie.nl
5. Training: the training program offered and provided by the Academy.
6. Education Fee: the amount payable by each admitted participant for access to the training program.
7. Registration form: the digital form by which the participant registers for the academy.
8. Study Agreement: the agreement by which the participant confirms final enrollment.
Conditions for enrollment
1. Enrollment in the Bildung Half-Year Program is open to final-year bachelor, pre-master and master students who are enrolled or were enrolled up to three years ago in a university program.
2. The enrollments with respect to the programs falling under the Open Bildung Academy are open to everyone.
3. When registering, the participant must attach the following:
1. A copy of the certificate of registration for the university program or a copy of the diploma.
2. A motivation letter if requested.
4. The participant must have read and accepted the website prior to enrollment.
Enrollment Process and Final Enrollment
1. Enrollment in the academy takes place only by means of the appropriate enrollment form and after agreeing to these terms and conditions.
2. The under 1. mentioned will be confirmed by the academy by e-mail; with this the participant will also be informed of the further admission procedure.
3. The academy reserves the right to admit participants who do not meet the entry requirements mentioned under 1. of the Conditions of Enrollment.
4. When the participant has been admitted to the Program, he must return the (study) agreement signed within 14 days after receiving the admission confirmation. By signing the (study) agreement, the participant agrees to:
1. The final enrollment, by which the participant also demonstrates his/her commitment to completing the Training with great enthusiasm.
2.The payment of the Education Fee.
5. Payment may be made in one, two or three installments.
Cancellation of registration
1. Cancellation of enrollment must be done in writing (by letter or e-mail).
2. In case of cancellation by the participant/student, with respect to the Bildung semester program, five weeks before the start date, the Tuition Fee will not be refunded.
3. In the event of cancellation, with respect to other programs covered by the Open Bildung Academy, the full tuition fee will be refunded if this occurs no later than two weeks prior to the start date.
4. The academy reserves the right to unilaterally terminate this agreement without any further obligations of the academy to the student/participant, if the number of participants in the Bildung Half Year Program is insufficient in the opinion of the academy. Any tuition fees already paid will be refunded to the participant/student.
Liability
1. The academy shall not be liable for damages in case of failure to fulfill the obligations under the enrollment.
2. The program is subject to change. The academy is not liable for damages on account of a change in the schedule or program component of the Training. The academy cannot guarantee that the participant will be placed at the module that has first preference.
Supplier procurement terms and conditions
Article 1: Definitions
Inthese Purchase Conditions, the following definitions shall apply:
- Principal: the Foundation the Bildung Academy represented by duly authorized employees.
- Contractor: a natural person or legal entity that provides goods and/or services to Client, is negotiating with Client for that purpose, or has made an Offer.
- Purchasing Conditions: these General Conditions of Purchase.
- Written: in these General Conditions of Purchase, communication by email shall be deemed equivalent to Written communication.
- Electronic: Electronic data traffic means message traffic by the Internet.
- Offer: a Contractor's Written or Electronic offer to supply goods or services.
- Order: the Order to Contractor to Supply goods or services.
- Agreement: the Agreements in Writing between Client and Contractor, regarding the Delivery of goods or services.
- Delivery:, respectively, the bringing into the power of Client and/or any installation and assembly of these goods, or the completion of the services or works, under whatever title.
Article 2: Applicability of these Terms and Conditions
2.1: These Purchase Terms and Conditions are applicable to all requests and offers from the Client and Agreements with the Client, relating to the supply of goods or services by the Contractor to the Client.
2.2: The applicability of these Purchase Terms and Conditions supersedes all previous Purchase Terms and Conditions.
2.3: In the event of any conflict, an Agreement between the parties prevails over these Purchase Terms and Conditions of Stichting de Bildung Academie. Deviation from these Purchase Conditions can only be made in Writing.
2.4: The general (supply) conditions of the Contractor do not apply unless otherwise agreed in Writing.
Article 3: Quotations, Conclusion and Amendment of theAgreement
3.1: The Contractor will maintain Quotations to the Client for at least three months, unless the parties agree otherwise In Writing or Electronically.
3.2: Quotations are deemed to be an irrevocable offer from the Contractor.
3.3: The Contractor is obliged to inform the Client of forthcoming price reductions known to him, even before an Agreement has been concluded.
3.4: The costs associated with the Quotation and those of samples shall be borne by the Contractor. The documentation received with the Quotation will not be returned by the Client.
3.5: The price stated in the Quotation is fixed and expressed in Euros and is deemed to relate to all costs required to deliver the goods and/or services and/or perform work at the location designated by the Client.
3.6: The Agreement is concluded when the Client accepts a Written or Electronic Quotation from the Contractor by means of a Written or Electronic Order.
3.7: In the event of acceptance after the period referred to under 3.1, whereby the date of the postmark is decisive, or an acceptance that deviates from the offer in more than minor points, the Agreement will be established In accordance with the Assignment, unless the Contractor rejects the Assignment In Writing or Electronically within fourteen days of its date.
3.8: If the Contractor has not made an offer or an oral offer, the Agreement will be established by the Contractor accepting an Assignment In Writing from the Client within fourteen days of its date.
3.9: Amendments and/or supplements to the Agreement may only be made In Writing by mutual agreement.
Article 4: Delivery
4.1: The Contractor will deliver goods to be delivered, with accompanying documents, carriage paid, to the agreed location within the agreed period.
4.2: The Client has the right to postpone delivery. In this case, the Contractor will store, preserve, secure and insure the goods, properly packed, separated and identifiable.
4.3: If within the agreed period at the agreed place, goods have not been delivered in conformity with the Agreement, the Contractor will be in default without notice of default.
4.4: The Contractor must immediately notify the Client in writing of any impending exceedance of the delivery time. This does not affect any consequences of this overrun pursuant to the Agreement or statutory provisions.
4.5: In the event that the Contracted Party is in default with respect to the delivery, the Client may demand compensation for this, to the amount of at least all the costs and possible consequential damage arising from efforts on the part of the Client to safeguard the continuity of the direct and indirect activities. In that case, Client shall be entitled to purchase products from another Contractor and to recover any said additional costs from Contractor.
Article 5: Packaging and shipment
5.1: Items to be delivered shall be packed in such a way that, in the event of normal transport, they reach their destination in good condition.
5.2: The Client shall at all times have the right to return the (transport) packaging materials to the Contractor at the Contractor's expense.
5.3: Processing or destruction of (transport) packaging materials shall be the responsibility of the Contractor. If, at the request of the Contractor, packaging materials are processed or destroyed, this shall be done at the risk and expense of the Contractor.
Article 6: Invoicing and Payment
6.1: Contractor sends an itemized invoice to the address, contact person and cost center.
6.2: Contractor invoices Client no later than 90 days after the completion date of Supplies and or Services.
6.3: The invoice may be submitted In Writing or Electronically.
6.4: Payment shall be made within 30 days after receipt of the invoice. If the Supplies or Services are not completed until after receipt of the invoice, the 30-day period commences upon said completion.
6.5: Payment of the invoice by the Client does not constitute acceptance or waiver of any rights and does not relieve the Contractor of any warranty and/or liabilities to which it is legally bound.
6.6: In the event of advance payment by Principal, Principal may, if he deems it desirable, require the provision of security in the form of a bank guarantee, which must comply with the conditions set by Principal.
6.7: Principal shall be entitled to suspend payment in whole or in part, if Principal observes a shortcoming in deliveries or services. Client shall notify Contractor of such deficiency before the expiry of the payment period.
Execution of the agreement
Article 7: Dissolution and termination
Interim dissolution of the Agreement is possible in the event that:
1. One of the parties, after a Written notice of default, continues to fail in the fulfillment of the agreed obligations;
2. The Contractor loses the free disposal of (a substantial part of) his assets;
3. Bankruptcy or suspension of payments is filed for one of the parties;
4. one of the parties is in bankruptcy or suspension of payments;
5. the shares or assets of the Contractor are transferred to a third party.
Article 8: Warranty
8.1: Contractor guarantees that the goods delivered by him
1. comply with the specifications as agreed upon;
2. are delivered complete, provided with the usual accessories and readable Dutch-language manuals;
3. are suitable for the purpose for which they are intended.
8.2: Contractor guarantees proper functioning of delivered goods for at least one year, unless otherwise agreed upon. During the warranty period:
1.Repair defects covered by the warranty as soon as possible;
2. The Contractor will not charge any costs for the repairs mentioned under (a).
8.3 The Contractor guarantees that the services provided by him
1. meet the specifications as agreed upon;
2. are performed with skill and integrity by skilled workers;
3. are performed taking into account the interests of the Client;
4. comply with all legal provisions.
8.4: The guarantee period mentioned under 8.2 will be extended by the periods during which the Client was unable to use goods as a result of shortcomings at the expense of the Contractor.
8.5: The Contractor guarantees that delivered goods and services are free of third-party rights and that he does not infringe any third-party rights with respect to the deliveries. The Contractor indemnifies the Client in this respect for claims of third parties.eddings of the Client and Agreements with the Client, relating to delivery of goods or services by the Contractor to the Client.
Article 9: Transfer of Risk and Ownership
9.1: Ownership of delivered items passes to the Client after they have been delivered and, if necessary, assembled or installed and approved by the Client.
9.2: If the Client makes drawings, specifications and software available to the Supplier for the fulfilment of the Agreement, these remain the property of the Client. The Supplier will ensure that the information made available will only be made available to parties involved in the performance of the Agreement.
9.3: At such time as materials, such as raw materials, auxiliary materials and software, of the Client have been processed in any items of the Supplier which are transferred to the Client, there will be a new item of which the ownership belongs to the Client.
9.4: In the event that the items delivered are not approved or are rejected, the risk will pass back to the Supplier from the moment the Supplier is informed of this.
Article 10: Liability Contractor
10.1: The Contractor is liable for all damage caused to the Client and/or third parties during the execution of the contract by his personnel and/or by items under his supervision and/or by his subcontractors, including damage resulting from the failure to carry out the agreed work or to carry it out properly.
10.2: The Contractor shall indemnify the Client against third party claims resulting from the damage mentioned in the previous article.
10.3: The Client shall not be liable for damage to or loss of machines, tools and materials of the Contractor. This also applies to damage to subcontractors or their personnel working under his responsibility.
10.4: Damage demonstrably caused by the Client cannot be recovered from the Contractor.
Article 11: Insurance
11.1: The Contractor shall take out adequate insurance for its liability to the Client under the law and the Agreement. To that end, the Contractor shall take out at least professional liability insurance and business liability insurance.
11.2: The Contractor shall insure all goods and/or works in his possession under the Contract against all damage, including damage resulting from incorrect or inadequate treatment, which may be caused to the goods and/or works during the time that the Contractor has the goods in his possession.
11.3: The Contractor shall submit certified copies of policy and premium payment in respect of the required insurance(s) immediately upon the Client's first request.
Article 12: Vicarious Tax Liability
12.1: If and to the extent that the Vicarious Tax Liability Act applies to (part of) any Order, the Principal is entitled to transfer the wage tax and social security contributions component of each invoice directly to a G account or to the collector of taxes or the industrial insurance board, stating the reference number to be specified by the Contractor.
12.2: In so far as the Contractor is sued under Sections 35 and/or 36 of the Collection of State Taxes Act 1990 or Section 16b of the Social Security Coordination Act, the Contractor has no recourse against the Client under Section 55 of the Collection of State Taxes Act and/or Section 16f of the Social Security Coordination Act.
12.3: In addition to the provisions of Sections 14.1 and 14.2 above, the Contractor is obliged to provide the Client with all relevant information/data. The Contractor indemnifies the Principal against all claims made by the Tax Authorities or the Industrial Insurance Board in this respect as well as against any recourse claims by third parties. If any third parties are engaged (never without the Client's permission), the Contractor will include the present provision in the relevant Agreement and oblige the third party to include the same provision in Agreements to be concluded by it.
Article 13: Additional Terms and Conditions for Services
13.1: The Contractor undertakes to instruct its personnel and (personnel of) third parties engaged by it to observe the statutory safety, health and environmental regulations. The same applies to any house rules and company rules and regulations in the field of safety, health and environment of the Client. The Client is responsible for providing or disclosing the house rules and safety regulations; the Contractor is responsible for disclosing them to its personnel and third parties engaged by it.
13.2: At the Client's request, the Contractor shall, within eight weeks of commencing work and within three days of a request to that effect from the Client, add a recent "certificate of good conduct" to its personnel file for the personnel involved in the Services and employed by the Client in this connection. The Client shall randomly check the presence of the "certificate of good conduct".
13.3: Obligations of the Contractor:
1. The Contractor must have a valid certificate of registration with the trade association with which he is registered and an establishment license insofar as this is required. At the Client's first request, the Contractor must show him the aforementioned documents.
2. At the Client's first request, the Contracted Party must submit to the Client a statement containing the name, first name(s), address, place of residence, date and place of birth, Citizen Service Number (BSN) and, if applicable, work permit of all personnel employed by the Contracted Party from week to week.
3. At the Client's first request, the Contractor must provide the Client with man-hour records for all personnel employed by the Contractor for inspection, in accordance with a model drawn up by the Client.
4. At the Client's first request, the Contractor must each time provide the Client with a copy of the statements relating to the Contractor's payment record at the industrial insurance board and the collector of direct taxes.
13.4: Obligations of the Contractor in connection with the Dutch Compulsory Identification Act (Wid) and the Aliens Employment Act (Wav):
1.The Contractor and its employees, as well as third parties engaged by or on behalf of the Contractor for the supply or service, must comply with the regulations that follow from the Compulsory Identification Act (Wid) and the Foreign Nationals (Employment) Act (Wav)
2. For the persons referred to under paragraph 1, the Contractor is obliged to demonstrate that work is freely permitted for them *), or that they have a valid work permit if this is required under the Wav *) No work permit is required for persons from the Netherlands, from the other countries belonging to the European Economic Area (with the exception of Romania and Bulgaria) and from Switzerland.
3. Before commencing the work of the persons referred to in paragraph a, the Contractor shall check their identification documents and, where applicable, their work permits for authenticity and validity and keep a copy of these in its records.
4. Immediately after the commencement of the work, the Contractor shall ensure that SVOH receives a copy of the identification documents referred to in paragraph 1 under 1°, 2° or 3° of the Wid.
5. Employees, as well as third parties engaged by or on behalf of the Contractor for the supply or service, must always be able to show a valid identification document and, if applicable, a work permit.
6. The Contractor shall indemnify SVOH against any fines imposed on SVOH and any costs arising therefrom as a result of any violation of the Wid or the Wav by the Contractor and/or the persons referred to in paragraph a above.
Article 14: Confidentiality
14.1: The Contractor will keep the existence, nature and contents of the Agreement as well as business information of the Client confidential - this also applies to any auxiliary persons or subcontractors the Contractor may engage - and will not disclose anything in this regard without the Client's Written permission.
14.2: The obligations under this article will remain in effect after termination of the Agreement.
Article 15: Disputes and Applicable Law
15.1: The Agreement, of which these Purchase Conditions form part, shall be governed exclusively by Dutch law.
15.2: All disputes concerning the Agreement shall be submitted to the District Court of Amsterdam.
Supplementary terms and conditions for ICT supplies and services
- Equipment: the equipment as further described in the Agreement(s) by number, type and/or model designation.
- Acceptance test: the test (procedure) referred to in these ICT purchase conditions by which it can be demonstrated that delivered Products meet the agreed specifications.
- Documentation: the system manual, user manual and all other written and electronic information about, respectively belonging to, the Products delivered by the Supplier.
- Products: software or hardware delivered by the Supplier to the Client.
- Software: software to be delivered, made available, maintained and/or managed, including releases, including custom-made software, standard application software and System software, with accompanying Documentation which are further designated in the Agreement.
Article 16: Intellectual property rights
16.1: All intellectual property rights, which can or will be exercised with regard to Products delivered by the Contractor, are vested:
1. in the Client, insofar as it concerns Products that have been specifically designed or manufactured for the Client;
2. in the Contractor, insofar as it concerns generic software that has not been specifically designed or manufactured for the Client. In those cases, the Contracted Party will grant the Client a non-exclusive, irrevocable license in respect of those Products for an indefinite period of time.
16.2: In the event of modification or improvement of a Product, the intellectual property rights relating to the improved or modified Product will accrue to the party to whom the intellectual property rights relating to the original Product accrue.
16.3: The Contractor shall indemnify the Client against claims by third parties in respect of infringement (if any) of intellectual property rights of those third parties, including comparable claims in respect of know-how, unlawful competition and the like.
Article 17: Rights to use Software
17.1: A license to use the Software authorizes the Client to make the intended use of the Software. This use is described in the Agreement.
17.2: Unless otherwise agreed, the right of use described in 17.1 is non-exclusive and non-transferable to third parties. The right of use shall not be tied to specific equipment or a location.
17.3: The Customer shall be entitled to grant sublicenses to companies belonging to its group.
17.4: The Customer shall be entitled to make copies of the Software for back-up purposes. If, as a result of security measures, copying is not possible, the Contracted Party will make copies of the Software available to the Client free of charge on demand.
17.5: If it has been agreed in the Agreement that the Client will also receive source codes of the Software, the Client will be entitled to make changes or adaptations to the Software (or have them made).
17.6: Unless otherwise agreed in the Agreement, the license shall be granted for an indefinite period and may only be terminated in the event of culpable non-performance on the part of the Customer in court or by termination by the Customer.
Article 18: Migration
18.1: The Contracted Party will cooperate in the production of documents for ICT services tendered by the Client, by providing, at the Client's request, within a reasonable period of time, the information available at the Contracted Party that the Client deems necessary for requests for quotations.
18.2: If the Agreement ends, the Contracted Party will:
1. transfer to the Client all Equipment, Materials, Software, source codes, available Documentation and Client data which are the property of the Client;
2. transfer to the Client the licensing rights to software and tools of which the intellectual property rights are held by third parties, if and insofar as the said third party cooperates;
3. to the extent necessary and at the Customer's first request, render every cooperation in the transfer of property and data of the Customer, aforementioned, and to take all measures that may reasonably be expected to ensure a careful transition of said property and data.
4. transfer to the Client, at the Client's request, the specific knowledge relating to the systems and services managed or operated for the Client.
18.3: In the event that the Agreement ends, the Contracted Party will, at the Client's first request:
1. grant the Client or a third party designated by the Client a right of licence to software and tools of which the intellectual property rights are vested in the Contracted Party. The parties will then determine the conditions under which the license will be granted;
2. transfer to the Client or a third party designated by the Client all Equipment, Software, any source codes and available Documentation and Client data which are the property of the Contracted Party and which the parties regard as being used solely or mainly to provide the services to the Client or as being of major importance for the continuity of the Client's business processes.
18.4: Compensation for the cost of Equipment, Materials, Software and available Documentation as mentioned in the preceding paragraphs will be at book value at the time of termination of the Agreement. The book value is determined by the lower of the two values of the investment made by the Contractor minus the fees paid by the Customer or the investment made by the Contractor minus total depreciation.
Article 19: Development of Software
19.1: The Parties shall specify in the Agreement which Software will be developed and on the basis of which standards this will be done. In the choice of standards to be used, interoperability with Systems used by the Client, simple management and reduction of costs will be used as the starting points. The Contracted Party will perform the development with due care on the basis of information to be provided by the Client.
19.2: The Contracted Party will be entitled, but not obliged, to examine the correctness, completeness or consistency of the information or specifications made available to it and, if any imperfections are discovered, to suspend the agreed work until the Client has remedied the imperfections in question.
19.3: Unless expressly agreed otherwise in the Agreement, the source code of the software developed specifically for the Customer and technical documentation produced during the development of the software will be delivered to the Customer under the circumstances and conditions further defined in the Agreement.
19.4: Installation of the software by the Contracted Party will only take place if this has been agreed in the Agreement.
19.5: Implementation of the Software by the Contracted Party in the environment and/or equipment specified for this purpose will only take place if this has been agreed in the Agreement.
19.6: Implementation will take place in the manner to be agreed in the Agreement. The implementation will take place uninterruptedly with optimum deployment of the necessary Personnel of the Contracted Party and the Client and will be completed within a term to be agreed upon after delivery of the Software.
19.7: The Client will cooperate in the implementation, which will include making material and personnel capacity available, as specified in the Agreement.
Article 20: Acceptance
20.1: If an Acceptance Test has been agreed in writing, the parties shall proceed to perform the Acceptance Test after Delivery or after completion of the Installation or Implementation respectively. The test period shall be laid down in the Agreement.
20.2: Immediately after the Acceptance Test has taken place, a record shall be drawn up and signed by the parties, in which any Errors exhibited by the Software shall be recorded and, furthermore, it shall be stated whether the Software has been approved or rejected by the Customer.
20.3: Acceptance of the Software may not be withheld on any grounds other than those relating to the specifications expressly agreed between the parties.
20.4: If it appears that the Software contains Errors, the Contractor will remedy the reported Errors within a reasonable period of time, whereby the Contractor will be entitled to install temporary solutions in the Software, which it will remove again once the Error(s) have been remedied.
20.5: If the Contractor does not comply with its obligation to remedy Errors within a reasonable period of time, the Client will be entitled, without prejudice to its further rights, to have these Errors remedied, after prior notice, either itself or by third parties, at the expense of the Contractor.
20.6: The Software will be deemed accepted between the parties on the date of signing the Acceptance Declaration, or if no Acceptance Test has been agreed between the parties: by signing the Declaration of Delivery.
20.7: After acceptance of the Software, the Contractor will only be obliged to repair Errors in the Software if:
1. the Client can claim rights under the warranty in accordance with the provisions of article 21;
2. the Errors would not have occurred if the Contractor had complied correctly with agreed maintenance obligations;
3.the Errors are detected and reported to the Contractor within twelve months after Acceptance, which Errors were hidden during the Acceptance test of the Software and could not reasonably have been detected by the Client.
Article 21: Software Warranty
21.1 For a period of six months after Delivery, or, if an Acceptance Test has been agreed between the parties, six months after acceptance, the Contracted Party will rectify any Errors in the Software, if these have been reported to the Contracted Party by the Client within that period.
21.2: The Contracted Party will undertake to take such measures as will result in the rectification of the Errors within a reasonable period of time after written notification of the Errors. If the Contracted Party does not comply with its obligation to remedy Errors within a reasonable period, the Client will be entitled, without prejudice to its further rights, to have these Errors remedied, after prior notice, either itself or by third parties, at the expense of the Contracted Party.
21.3: Remedying will be carried out free of charge during the warranty period. The Contracted Party may charge its usual rates and the costs of repair if there is a case of user error or improper use by the Client or other causes not attributable to the Contracted Party. The right to error repair lapses if the Client makes changes or causes changes to be made to the Software without the written permission of the Contractor.
21.4: The Contractor guarantees that the Software:
1. meets the agreed specifications with regard to functionality, system requirements and performance as laid down in the Agreement;
2.contains the agreed properties, even under Peak Load, as laid down in the Agreement;
3. is written efficiently, soundly and coherently;
4. is suitable for use in connection with the software and equipment to be used by the Client as described in the Agreement;
5. can be maintained and managed by the Contractor for a period of at least five (5) years after acceptance.
Article 22: Maintenance
22.1: The Contractor undertakes to enter into a maintenance agreement with the Client at the Client's first request with regard to the Software for the duration of three years from the date of acceptance.
Article 23: Documentation
23.1: The Contracted Party will provide the Client with sufficient Documentation about the properties and uses of the Software in paper and electronic form. The scope and type of the Documentation will be laid down in the Agreement. The Documentation must be such that
1. it provides a correct, complete and detailed description of the Software to be supplied by the Contractor and its functions;
2. users can easily make use of all the possibilities of the Software;
3.Maintenance of the Software can be performed by third parties.
23.2: the Contracted Party will ensure that the Documentation is replaced, amended or adjusted at its own expense as soon as possible if at any time during the Client's use of the Software it becomes apparent that the Documentation contains incorrect information or is otherwise incomplete, insufficient, unclear or outdated.
23.3: After expiry of the warranty period of article 21, these changes and adjustments will be made by the Contractor against payment of the costs involved unless the parties have entered into a maintenance agreement that includes such repair.
Article 24: Information security requirements
24.1: With suppliers of software and service providers, who process personal data for Stichting de Bildung Academie or have access to it (hereinafter processors), the client shall separately conclude a processor's agreement in which the requirements within the framework of information security, confidentiality and privacy are agreed and documented. This regulates the processor's access to the client's information systems in accordance with the requirements of the Wbp and the Personal Data Authority.
