Terms & Conditions
360plus5
TERMS AND CONDITIONS OF SUPPLY
1. APPLICABILITY
The Purchaser contracts with 360plus5 on its own behalf and on behalf of persons (delegates) who are enrolled by the Purchaser on 360plus5 Courses including courses on 360plus5 provided premises (facilities and seminars), on Purchaser provided premises (onsite courses) or who receive packaged courses ordered on their behalf by the Purchaser. These terms and conditions supersede and replace any previous agreements, proposals or representations made between the Purchaser and 360plus5 for the provision of Facilities and seminars, Onsite courses and packaged courses. These terms and conditions shall prevail notwithstanding any terms and conditions contained in any order submitted by the Purchaser. Any variation must be agreed in writing by 360plus5. The Waiver by 360plus5 of any breach of any term of this Agreement shall not prevent the Subsequent enforcement of that term and shall not be deemed to be a waiver of any subsequent breach.
2. AUTHORISATION
The Purchaser hereby certifies that all Delegates are employed directly by, or are under contract to, the Purchaser and undertakes to bring these terms and conditions to the attention of Delegates.
3. CONFIDENTIALITY AND COPYRIGHT
The Purchaser and Delegates will not:
(a) disclose or provide or make available to any person other than the Purchaser or 360plus5, or remove from 360plus5’s premises any 360plus5 program materials or copies thereof acquired as a result of receiving 360plus5 Services without 360plus5’s prior consent.
(b) copy in whole or in part of any program materials acquired as a result of receiving 360plus5 Services except under the supervision of or in accordance with the instructions of 360plus5’s Personnel. Program materials consist of the basic material and their related optional materials for 360plus5 program products, 360plus5 special programs and other 360plus5 licensed programs. NOTE: 360plus5 materials and courses are provided for the exclusive use of the Purchaser and Delegates. All rights in such materials and courses are reserved. The recording, copying, loan, unauthorised hire, public showing or broadcasting of such materials and courses are prohibited.
4. INDEMNITY
(a) 360plus5 will indemnify the Purchaser and Delegates against direct injury or death caused by defects in any 360plus5’s products or by the negligence of its employees.
(b) 360plus5 will indemnify the Purchaser and Delegates against direct damage to property caused by any of 360plus5’s product or by negligence of 360plus5’s employees. 360plus5’s total liability under this sub-clause shall be limited to €1,000 for any one event or connected events.
5. START DATE/DELIVERY
(a) Onsite Training and Facilities and Seminars will commence on the date specified by 360plus5 in the confirmation of acceptance issued to the Purchaser. Packaged Courses will be delivered to the Purchaser as soon as reasonably practicable. 360plus5 shall not be liable for any costs or damages suffered by the Purchaser or Delegates as a result of any delays in delivery of Packaged Courses or the cancellation or postponement of either Onsite Courses or Facilities and Seminars.
(b) All Delegates will be required to complete a Delegate Registration Form on the start date of each course.
6. SCHEDULING CLASSES
We will specify the dates of public scheduled classes. We may cancel any scheduled class on notice. If we cancel a class for which you have prepaid, we will refund the price you paid.
7. WARRANTY
All materials and audio visual media e.g. video cassettes, audio tapes and work books supplied by 360plus5 are warranted for a period of sixty (60) days. Computer media, e.g. Disk packs, Magnetic tapes, etc., are warranted against defects in material and workmanship under normal proper use in its original and unmodified condition for the period set forth above. If found defective by 360plus5 within the terms of this warranty, 360plus5’s sole obligation shall be to repair or replace (at its option) the defective product. If 360plus5 determines the product is not defective within the terms of this warranty, the Purchaser shall pay all costs of handling and return transportation. All replaced products become the property of 360plus5. 360plus5 shall not be liable for any errors or omissions in any written material supplied by 360plus5. Except for the express warranties stated in this clause. 360plus5 disclaims all other warranties whether express or implied by statute common law or otherwise, and save as detailed in Clause 4 the warranties in this clause are in lieu of all obligations and liabilities on the part of 360plus5 for damages arising out of or in connection with the use or performance of its product. In no event shall 360plus5 be liable for indirect or consequential loss suffered by the Purchaser or Delegates and arising out of 360plus5’s performance under this agreement.
8. CANCELLATION AND TRANSFER
The Purchaser agrees to pay the following charges to 360plus5 in the Event that for whatever reason a Delegate fails to attend, withdraws or transfers from a course without providing at least twenty (20) working days’ written notice prior to the schedule start of the course. In this respect, a cancellation fee refers to a specific course date and therefore a transfer to a later course counts as a cancellation.
a. Written Notice of Cancellation or Transfer – Public Scheduled Courses
11-20 working days: 50% of course fee
0-10 working days: 100% of course fee
b. Written Notice of Cancellation or Transfer – Public scheduled Course booked as part of a Prepaid Course Passport
11-20 working days: 50% of course fee
0-10 working days: 100% of course fee
c. Written Notice of Cancellation or Transfer – Closed Company Courses
0-45 working days: 100% of course fee
9. PAYMENT TERMS
a. Public Scheduled Courses
Unless otherwise stipulated by 360plus5, fees for all public scheduled courses are payable by the Purchaser twenty (20) working days prior to course commencement, or at time of order where this is less than twenty (20) working days before course commencement. If we do not receive payment we reserve the right to cancel the course booking.
b. Closed Company Courses
Unless otherwise stipulated by 360plus5, fees for Closed Company Courses are payable within thirty (30) days from date of invoice, or at time of order where this is less than thirty (30) working days before course commencement. If we do not receive payment we reserve the right to cancel the order.
c. Prepaid Course Passports
Fees for Prepaid Course Passports are payable from date of invoice. Orders for courses to be taken as part of a prepaid course passport will not be accepted until full payment is received. If we do not receive payment we reserve the right to cancel the order.
All fees are subject to Value Added Tax which applies to all delegates attending courses in the The Netherlands, regardless of country of origin as the tax point is the location of the course.
10. ASSIGNMENTThe Purchaser will not assign the benefit of this Agreement without obtaining the prior written consent of 360plus5.
11. TRAVEL & EXPENSES
a. Hotels & Accommodation
Hotel fees are charged at cost for the most suitable business class hotel in the vicinity of the training sessions.
b. Flights
Charged at KLM Europe Select rate for all flights.
c. Per Diem
Expenses are charged at a flat Per Diem rate of €80 per each day including travel days.
d. Extra Travel
Taxi's and car hire is charged at cost.
12. PROPER LAW
The proper law governing this agreement shall be Dutch and the forum for settling any disputes under this Agreement shall be the Dutch courts in Haarlem.
