GENERAL COURSE TERMS AND CONDITIONS THE APP ACADEMY
Article 1. Definitions
1. The App Academy: The Dutch limited liability company Varangian B.V. having its registered office at Kattenburgerstraat 5, 1018JA in Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 61584940. Visiting address: Kattenburgerstraat 5, 1018JA Amsterdam, the Netherlands
Email address: contact@theappacademy.nl
VAT identification number: NL854402482B01
The App Academy provides courses and training (open enrolment and in company) during which participants are taught theoretical knowledge and/or practical skills in the area of mobile / web technology.
2. Course: each and every education, course or training provided or organised by or on behalf by The App Academy, as well as any other form of education (usually of one or more half-day sessions).
3. Participant: the natural person who participates in a Course of The App Academy.
4. Client: a legal person or organisation that contracts The App Academy for the development and/or the provision of an ‘In Company’ Course, or that provides for the enrolment of a Participant in a ‘Open Enrolment’ Course.
5. ‘Open Enrolment’ Course: a Course from the course programme of The App Academy for which the Participant can enrol individually and directly via The App Academy.
6. ‘In Company’ Course: a Course from the course programme of The App Academy or a customised Course that takes place under the authority of a Client for the benefit of its organisation or its business relations.
7. Consumer: a natural person who is acting for purposes that are outside his trade, business, craft or profession.
8. Distance Agreement: any agreement concluded between The App Academy and the Participant (in his / her capacity as Consumer), under an organised distance sales or service-provision scheme without the simultaneous physical presence of The App Academy and the Participant, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
Article 2. Applicability and change
1. These General Course Terms and Conditions are applicable to each and every proposal, offer, and agreement between The App Academy and a Participant / Client that is related to (one of the) Courses of The App Academy. Supplementary arrangements that may have been agreed on later or arrangements that differ from these General Course Terms and Conditions are only valid if they were stipulated by The App Academy with the Participant / Client in writing (also including by email).
2. If a Client provides for the enrolment of a Participant, e.g. the enrolment of an employee, then the Client commits to communicate these General Course Terms and Conditions and the applicability thereof to the said Participant and to agree on the same with him / her.
3. The App Academy does at all times reserve the right to make changes in these General Course Terms and Conditions. The version of the General Course Terms and Conditions as applicable at the time of conclusion of the agreement (or at the time the offer is issued) is always applicable, unless the Participant / Client accepted the new / changed version of the General Course Terms and Conditions after the conclusion of the agreement.
4. The App Academy is entitled to rely on third parties for the implementation of its Course. These terms and conditions are also applicable to proposals, offers or agreements with The App Academy in the course of which The App Academy relies on third parties for the implementation thereof.
5. The applicability of potential general, purchasing or other terms and conditions of the Participant or Client is expressly rejected.
‘Open Enrolment’ Course
Article 3. Application and enrolment
1. Application for an ‘Open Enrolment’ Course takes place by returning a fully completed and signed application form to The App Academy by post, facsimile or email. The application form can be can be obtained from The App Academy and can, inter alia, be downloaded via the website www.theappacademy.nl. The App Academy may impose supplementary terms and conditions on the admission to a Course, including an admission interview and an admission test.
2. The App Academy will then send a course agreement. The enrolment becomes definitive when The App Academy has confirmed the enrolment in writing (as a result of which the course agreement is concluded). This written confirmation also forms the evidence of enrolment.
3. The App Academy reserves the right to refuse the enrolment of the Participant, e.g. following an admission interview, an admission test and / or otherwise without stating any reason. In case of rejection course fees that may already have been paid shall be reimbursed.
Article 4. Payment / Invoicing
1. Unless expressly stipulated otherwise, the prices and rates for an ‘Open Enrolment’ Course used by The App Academy are inclusive of VAT and administration costs. The costs payable to The App Academy by the Participant must have been paid to The App Academy at the latest one month before the start of the Course, but in any event no later than thirty days after the invoice date (or before the due payment date in case of a payment arrangement) via bank transfer to the account number of The App Academy as mentioned on the invoice.
2. In case of late payment The App Academy reserves the right to deny the Participant access to the ‘Open Enrolment’ Course.
3. The Participant / Client is considered to be in default once the payment date has expired. The App Academy sends a payment reminder after the payment date has expired and allows the Participant / Client to pay within 14 days after the date of the reminder. If the Participant / Client still has not fully made his payment after the term of 14 days has expired, he or she is obliged to pay the statutory interest over the balance due, and The App Academy is entitled to charge the extrajudicial collection costs. These costs shall not exceed 15% of outstanding amounts up to €2,500, =, 10% of the following €2,500, = and 5% of the next €5,000, = with a minimum of €40, =. The App Academy may, for the benefit of the Participant / Client, deviate from the amounts and percentages referred to.
4. During the handling of a complaint or dispute in accordance with the provisions in article 8, The App Academy will defer the charging of interest and collection costs.
Article 5. Cancellation of the enrolment
1. Cancellation of the enrolment for an ‘Open Enrolment’ Course by the Participant / Client must take place in writing and is possible on the basis of the following terms and conditions:
- cancellation more than eight weeks before the start of the first scheduled course day is free of charge;
- in case of cancellation eight to four weeks before the start of the first scheduled course day 10% of the course fees are charged;
- in case of cancellation four weeks to two weeks before the start of the first scheduled course day 25% of the course fees are charged;
- in case of cancellation two weeks to one week before the start of the scheduled first course day 50% of the course fees are charged;
- in case of cancellation one week or shorter before the start of the scheduled first course day the full course fees are charged and will not be reimbursed.
2. After the start of the first course day cancellation is no longer possible. Should the Participant not be able to participate in the ‘Open Enrolment’ Course due to sickness or an unforeseen urgent reason then he or she must forthwith report this to The App Academy. The App Academy shall in that case try to place the Participant, where possible, in an ‘Open Enrolment’ Course with a later starting date, however it is not held to do so.
3. If there are, at the discretion of The App Academy, too little enrolments for a certain Course then The App Academy is authorised to cancel the ‘Open Enrolment’ Course. The App Academy shall timely inform the Participant / Client accordingly. As the occasion arises The App Academy shall then repay the costs already paid for the ‘Open Enrolment’ Course to the Participant / Client. In this kind of instance The App Academy shall not be liable to pay (damages) compensation, unless the cancellation is caused by a deliberate act or gross negligence on the part of The App Academy.
Article 6. Right of withdrawal
1. If the Participant is a Consumer, the Participant is entitled to dissolve / withdraw a Distance Agreement without stating any reasons during a period of 14 calendar days after the conclusion of this agreement with The App Academy. The withdrawal period (reflection period) of 14 days takes effect on the day following the day that the Distance Agreement is concluded.
2. To exercise the right of withdrawal the Participant must inform The App Academy of his / her decision to withdraw the agreement via an unambiguous declaration (e.g. in writing by post, facsimile or email) within the withdrawal period. To this end the Model Form for withdrawal can be downloaded via the website www.theappacademy.nl, however the Participant is not held to do so. To comply with the withdrawal period it suffices to send a communication regarding the exercise of the right of withdrawal to The App Academy before the withdrawal period has expired. The risk and the onus of proof regarding the correct and timely exercise of the right of withdrawal are vested in the Participant. If the Participant relies on the option to exercise the right of withdrawal The App Academy shall forthwith send confirmation of receipt of the withdrawal notification to the Participant on a durable data carrier (e.g. by email).
3. If the Participant exercises his or her right to withdraw from the course agreement all payments that have been made by the Participant will be reimbursed as soon as possible but at the latest within fourteen days from the date on which The App Academy receives the notification of withdrawal from the agreement.
4. If the Participant appeals to his or her right of withdrawal an additional loan agreement (serving as payment arrangement) between The App Academy and Participant will be cancelled by operation of law, without any extra costs.
5. The ‘Open Enrolment’ Course can only start during the reflection period if explicitly requested by the Participant. If the Participant does not exercise his or her right of withdrawal before the start of the ‘Open Enrolment’ Course this will (also) be seen as an explicit request. If the Participant exercises his right to withdraw once the ‘Open Enrolment’ Course has started, the Participant must pay The App Academy a proportional part of the course fee that corresponds to the part of the ‘Open Enrolment’ Course consumed until notification of withdrawal was received by The App Academy.
6. The provisions of this article are also applicable in case of an off-premises contract between The App Academy and the Participant in the capacity as a Consumer.
Article 7. Premature termination
1. The Participant / Client has the right to prematurely terminate a fixed-term agreement for an ‘Open Enrolment’ Course at any time in writing. Without prejudice to the provisions of article 6, the full course fees will still be due in case of premature termination by the Participant / Client and will not be refunded.
2. The App Academy has the right to prematurely terminate a fixed-term agreement for an ‘Open Enrolment’ Course on the grounds of serious cause. The following will inter alia be considered to be grounds of serious cause:
- the Participant’s study performances / results do not meet the level required for the Course and the Participant for example disregards study advice and does not comply with working agreements that are made with The App Academy / its teachers during the course;
- the Participant’s behaviour has a disturbing influence on the class situation and this could have a detrimental effect on the quality of the classes and the relationship with fellow students;
- the Participant (repeatedly) disregards The App Academy’s instructions and/or its House rules.
3. If The App Academy prematurely terminates the agreement on the grounds mentioned in paragraph 2 the payment obligation of the Participant / Client will not lapse. The full course fee will still be due and won’t be refunded. The Participant / Client does not have a right to (damage) compensation.
Article 8. Complaints
1. In case of a complaint about an ‘Open Enrolment’ Course organised by The App Academy the Participant can address the board of directors of The App Academy. This is possible by post or email. Complaints about the performance of the agreement must contain a complete and clear description of the shortcoming(s) at issue including all information required to handle the complaint and must be filed within due time after finding out (or the Participant reasonably could find out) that there is a justified reason to complain. Filing the complaint within two months will be considered in due time. Not submitting the complaint within due time could lead to the Participant losing his or her right to complain.
2. Within 1 week The App Academy confirms the submitted complaint by means of a confirmation of receipt (counting from the date on which the complaint is received). Complaints will always be handled confidentially. The App Academy shall retain the complaint and the thereto-pertaining documents for a period of 1 year. Complaints are handled as soon as possible, however at the latest within 4 weeks. Complaints that request a handling time longer than 4 weeks are answered within 4 weeks with an indication of when the complainant may expect an extensive answer. If The App Academy unexpectedly cannot solve the complaint then an independent third party may be relied on. In some cases Consumers can turn to the ODR platform for online dispute resolution (http://ec.europa.eu/odr).
‘In Company’ Course
Article 9. Quotations, offers and conclusion of agreement
An agreement for the provision of an ‘In Company’ Course is concluded when The App Academy receives an order confirmation of The App Academy signed by the Client for the relevant Course. This order confirmation must have been received by The App Academy at the latest 4 weeks before the start of the ‘In Company’ Course, unless the order confirmation expressly indicates otherwise. Quotations and offers made by The App Academy are without obligation, unless explicitly stated otherwise.
Article 10. Invoicing and payment
1. The prices and rates for an ‘In Company’ Course used by The App Academy are exclusive of VAT and inclusive of administration costs, unless expressly stipulated otherwise in writing.
2. The Client must forthwith, however at the latest 21 days before the start of the ‘In Company’ Course, communicate the invoicing address and the number of Participants to the App Academy. The course fees payable to The App Academy by the Client are payable in advance and must have been credited to the bank account of The App Academy as specified on the invoice no later than 14 days after the invoice date. If the number of Participants actually appears to be higher than the previously communicated number then The App Academy shall send an invoice after the conclusion of the Course for the additional Participants.
3. If the Client fails to pay an invoice in a timely fashion then the Client is in default by operation of law. As the occasion arises the Client shall be liable to pay the statutory interest, which shall be calculated on the due and payable amount as from the moment that the Client is in default up to the moment of payment in full of the due and payable amount.
4. Objections to the level of an invoice do not suspend the payment obligation. The Client who cannot rely on Title 6.5.3 (sections 231 up to and including 247 of Book 6 of the Dutch Civil Code) is neither entitled to suspend the payment of an invoice on any other ground.
5. If the Client fails to comply with or defaults on its obligations (in a timely fashion) then any and all reasonable costs in order to obtain satisfaction out of court shall be at the expense of the Client. The compensation for incurred judicial and extrajudicial costs amounts to at least 15% of the payable principal sum. The potentially incurred judicial and enforcement costs shall also be recovered from the Client.
Article 11. Cancellation
Cancellation of an ‘In Company’ Course by the Client must take place in writing and is possible on the basis of the following terms and conditions:
- cancellation more than eight weeks before the start of the scheduled first course day is free of charge;
- in case of cancellation eight to six weeks before the start of the scheduled first course day 10% of the course fees are charged;
- in case of cancellation at least six weeks to four weeks before the start of the scheduled first course day 25% of the course fees are charged;
- in case of cancellation four weeks up to two weeks before the start of the scheduled first course day 50% of the course fees are charged;
- in case of cancellation two weeks or less before the start of the scheduled first course day the Client is liable to pay the full course fees.
Article 12. Premature termination
1. The Client does not have the right to prematurely terminate the fixed-term agreement for an ‘In Company’ Course, except as provided for in paragraph 2. The App Academy has the right to prematurely terminate a fixed-term agreement for an ‘In Company’ Course on the grounds of serious cause (e.g. force majeure, breach of trust) without being liable for any damages. The full course fees will still be due and will not be reimbursed in such case.
2. A party may without notice of default or intervention by the court terminate an agreement for an ‘In Company’ Course with immediate effect, either wholly or in part, by giving written notice, if the other party is granted – provisionally or otherwise – a moratorium, if a petition is submitted for its liquidation or its liquidation is ordered, or if its enterprise is liquidated or terminated other than for the purpose of reconstruction or merger of companies. In case of termination on the grounds mentioned in this paragraph the course fees received will not be reimbursed nor will The App Academy be liable for damages.
Other general provisions
Article 13. Content and implementation of Course
1. The App Academy shall make every effort to implement the Course to the best of its ability and insight, in accordance with high standards. This obligation has the nature of a best efforts obligation. The App Academy does not enter into a result obligation, unless expressly stipulated otherwise in writing.
2. The App Academy reserves the right to change the course dates, course periods and/or the location, as well as to replace the teacher(s). Where possible changes shall be communicated to the Participant / Client by The App Academy within a reasonable period before the Course. The Participant / Client agrees to it that The App Academy can change the content of the Course at any time.
3. The Participant shall attend the course days at the stipulated time and place and comply with potential arrangements that are agreed on during the Course.
4. If facts or circumstances occur during the enrolment or during the Course that (may) have adverse effects on the progress of the Course or the result then The App Academy and the Participant / Client shall inform each other accordingly as soon as possible.
5. The Participant is responsible for, accounts for and has authority over his / her own behaviour and the consequences thereof both during the Course and thereafter. The Participant is responsible for the inventory of any and all practical areas during the use thereof. The Participant is liable for damage to or loss of the inventory if he / she failed to observe the diligence that may in the given situation be expected of him / her.
6. The App Academy is entitled to deny a Participant who, at the discretion of The App Academy, seriously misbehaves or who does not comply with another obligation in pursuance of these terms and conditions the (further) access to the Course. As the occasion arises The App Academy is entitled to dissolve the agreement between the Participant and The App Academy without any further notice of default or judicial intervention being required. As the occasion arises the Participant cannot claim compensation and remains held to pay the course fees potentially still payable to The App Academy.
Article 14. Absence teacher
1. In case of sickness and/or inability to attend of a teacher The App Academy shall make every effort to organise a similar replacement. If replacement is not possible then The App Academy shall forthwith inform the Participant / Client accordingly and propose alternative dates when the relevant Course can yet be held.
2. In case of sickness and/or inability to attend of a teacher the Participant / Client is not entitled to compensation (for damages). The App Academy shall not charge additional costs for the organisation of alternative course days that are caused by sickness and/or inability to attend of a teacher.
3. The Participant / Client is not authorised to cancel the Course or to dissolve the course agreement due to the absence of one (or more) teacher(s).
Article 15. Information and identification
1. The Participant / Client guarantees that the information that is supplied to The App Academy is correct and complete. Upon enrolment for a Course the Participant / Client is held to include the correct and full name of the Participant(s) as stated in valid proof of identity in the enrolment form and the Course agreement.
2. Participants in an ‘Open Enrolment’ Course must carry the written confirmation as intended in article 3 paragraph 2 in combination with valid proof of identity on them during the meetings of the Course and show the same on request of the teacher or another member of staff of The App Academy.
Article 16. Confidentiality and Privacy
1. The App Academy, its staff and/or third parties relied on by The App Academy shall handle information supplied by the Participant / Client of which The App Academy knows, or within reason should know, that this is confidential, accordingly.
2. The Participant / Client is held to observe confidentiality with regard to information that comes to his / her knowledge during the Course and of which he / she / it understands or should within reason understand that it is of a confidential nature. The Participant / Client is not allowed (during the Course and after conclusion thereof) to share the said information with third parties without the prior written consent of The App Academy.
3. The App Academy processes the personal data supplied by the Participant / Client in accordance with the General Data Protection Regulation (GDPR) and Dutch privacy laws and regulations. More information on how The App Academy does this and the rights of the persons concerned can be found in the Privacy declaration of The App Academy.
4. The Client guarantees that those whose personal data are supplied are informed of the processing of their data by The App Academy and have given permission for this where necessary.
Article 17. Intellectual Property Rights
1. The copyrights (and potential other intellectual property rights) with regard to the teaching material and other information supplied during the Course are vested in The App Academy. This material / information cannot be reproduced (other than for personal use), shown to third parties, shared with a competitor of The App Academy or otherwise made available without the express prior written consent of The App Academy.
2. Models, materials, techniques, instruments, and software of The App Academy that are made available within the framework of the Course are and remain the property of The App Academy. The Participant / Client is at all times prohibited to copy software from or to install software on the computers that are made available by The App Academy.
Article 18. Non-competition
Without the express written consent of The App Academy the Participant and/or the Client are not allowed to on the basis of the Course provided by The App Academy and the thereto pertaining teaching material develop or give, personally or through third parties, a similar Course.
Article 19. Liability
1. If The App Academy is liable for damages incurred by the Participant / Client during the Course then the said liability shall be limited to direct damages.
2. In no instance whatsoever shall The App Academy be liable for indirect damages (such as for example consequential damages, damages caused by delay, loss of profits and loss of turnover), for damages that are caused by the use of (inferior) material supplied by or on behalf of the Participant / Client and for damages that are caused by intent or recklessness on the part of the Participant / Client.
3. Each and every liability for damages, incurred before, during or after the participation in a Course at The App Academy, is moreover limited to the amount that is, as the occasion arises, paid out by the insurer of The App Academy. Should, for any reason whatsoever, payment in pursuance of the aforementioned insurance not take place then each and every liability shall be limited to the amount (exclusive of VAT) that was or would have been charged by The App Academy for the relevant Course.
4. The teaching material and/or other information related to the Course developed and/or composed by or on behalf of The App Academy were composed by The App Academy in a diligent manner and to the best of its knowledge. The App Academy shall not be liable for damages, of any nature whatsoever, that are the result of (potentially) incorrect information in the teaching material or any other information related to the Course. This information includes information/ opinions and recommendations of a teacher and / or any (other) employee of The App Academy.
5. The App Academy shall not be liable for loss of or damages to the Participants / Clients property.
6. The restrictions of liability as intended in this article are also applicable with regard to persons employed by The App Academy and/or third parties relied on by The App Academy for (the implementation of) the agreement.
7. The exclusions and limitations as intended in this article are not applicable if and in so far the damage is caused by the deliberate act or gross negligence on the part of The App Academy or its management. If the Participant concluding the agreement for a Course is a Consumer the liability for personal injury or death arising from negligence on the part of The App Academy or its management is not excluded.
8. The Client guarantees that Participants that are enrolled by the Client and or on whose behalf the Course is provided have accepted the applicability of this article and the exclusions and limitations included therein.
Article 20. Other provisions
1. The headers in these General Course Terms and Conditions merely serve to enhance the readability and do not form part of these General Course Terms and Conditions.
2. Should one or more provisions of these General Course Terms and Conditions at any time be invalid or cancelled, either in whole or in part, then the remaining provisions of these General Course Terms and Conditions shall remain in full force and effect. The App Academy and the Participant / Client shall, as the occasion arises, enter into discussions in order to agree on new provisions to replace the invalid or cancelled provisions in the course of which the objective and the scope of the original provisions is observed.
3. In case of obscurities about the interpretation of one or more provisions of these General Course Terms and Conditions the interpretation should take place ‘in the spirit’ of these provisions.
4. If The App Academy does not always desire strict compliance with these General Course Terms and Conditions then this does not imply that the relevant provisions would not be applicable or that The App Academy would to any degree waive any rights in respect of the Participant / Client to in other instances claim strict compliance with the provisions of these General Course Terms and Conditions.
5. The Participant / Client is not authorised to transfer rights and/or obligations on account of an agreement with The App Academy to a third party. The App Academy is authorised to transfer its claims to payment of fees to a third party.
6. Dutch law is exclusively applicable to any and all legal relationships to which The App Academy is a party, also if a commitment is fully or partly implemented abroad or if the party involved in the legal relationship is established abroad, unless the law of another country applies on the basis of mandatory law.
7. The parties shall in the first instance try to solve a dispute amicably. Barring in the event that the parties expressly agree on arbitration in writing, the court in the district where The App Academy holds its registered office shall take cognisance of disputes between The App Academy and the Participant / Client, unless provisions of mandatory law provide otherwise.
8. These General Course Terms and Conditions are available on the website www.theappacademy.nl. At the request of the Participant / Client The App Academy shall send a copy of the General Course Terms and Conditions as soon as possible free of charge.
February 2020
Filed with the Chamber of Commerce in Amsterdam under number 61584940 and available for download via www.theappacademy.nl.
