Terms of Service

OVERVIEW

The sales conditions (including cancellation conditions) can be found below. By booking any of our courses online, and checking the accept box, you accept these terms and conditions.

In summary, you have 14 days to change your mind from the date that you registered for a course or workshop. During this period, you can cancel free of charge by sending an email to digitalsocietyschool@hva.nl including a fully completed cancellation form. After the 14-day cooling-off period, the Amsterdam University of Applied Sciences (AUAS) charges for cancellations, depending on the time of cancellation. That ranges from € 50 administration costs to 100% of the course amount. The details about this can be found in the sales conditions.

CERTIFICATE

At the end of the course, all students will receive proof of participation. To be eligible for this certificate, you must be present 80% of the course time and have paid the course fee.

COMPLAINTS

We are happy to satisfy our customers. We therefore take complaints about a course very seriously. You can report complaints to Wai Feersma Hoekstra.
Email: w.feersmahoekstra@hva.nl 

PRIVACY

The AUAS works in accordance with the General Data Protection Regulation (GDPR). This means that personal details of students are not provided to third parties without permission. For more information about personal data and privacy policy, see the AUAS Privacy Statement.

LOCATION

Unless otherwise stated, the courses take place at the Digital Society School – Theo Thijssenhuis, Wibautstraat 2-4, 1091GM Amsterdam.

General Terms and Conditions of Sale for (Educational) Services (Private Customers)

Article 1 – Applicability of the General Terms and Conditions

1.1 These general terms and conditions apply to every agreement between Stichting Hogeschool van Amsterdam (Amsterdam University of Applied Science) established at Spui 21 in (1012 WX) Amsterdam (hereinafter referred to as: AUAS) and a private course participant and quotations issued by AUAS.

These general terms and conditions apply to all AUAS services, including, but not limited to, educational services. These terms and conditions will also, after they have become part of any agreement between AUAS and a student, form part of subsequent agreements between AUAS and that student, even if the conclusion of those subsequent agreements does not affect the applicability of these terms and conditions. Deviations from these conditions are only valid if they have been explicitly agreed in writing.

1.2 If one or more provisions in these terms and conditions are invalid or should be declared void, the remaining provisions remain fully applicable.

Article 2 – Offers

All AUAS offers are without obligation and, unless explicitly stated otherwise in writing, have a validity of 30 days.

2.2 An agreement with the AUAS is established by the student signing it intended registration or registration form or after AUAS has sent a written confirmation to the student. Additional agreements, changes and / or promises made afterwards only bind the AUAS if they have been confirmed in writing by the AUAS to the student.

2.3 The student can terminate an agreement without giving reasons until a period of fourteen days has elapsed, from the day the agreement is concluded. AUAS provides a form for this.

2.4 The AUAS may demand commitment from the student for the fulfillment of the student’s obligations in the form of a bank guarantee or equivalent collateral and can, until that collateral has been provided, be provided suspend obligations.

2.5 In the event of a conflict between different documents, the following ranking applies: the agreement, these General Terms and Conditions, the Research Plan, in which the first mentioned rank above the latter.

2.6 These general terms and conditions do not apply to the legal relationship with persons who act as have registered a student or external student for a funded or unpaid CROHO course at the AUAS.

Article 3 – Cancellation or changes in the case of educational services

3.1 Agreements can only be canceled in writing by the student in the case of a contract after the cooling-off period stated under 2.3 of these general terms and conditions:

• in the period up to 6 weeks prior to the first education date against payment of € 50 in cancellation costs;
• in the period between 6 and 3 weeks prior to the first education date against payment of 50% of the agreed reimbursement as cancellation costs;
• in the period between 3 weeks and 1 week prior to the first education date against payment of 75% of the agreed reimbursement as cancellation costs.

3.2 If, in the case of an agreement, the assignment is canceled one week before, on or after the first education date after the cooling-off period referred to under 2.3 of these general terms and conditions, 100% of the agreed fee will be due, plus any VAT if applicable.

3.3 In the event that the course participant terminates participation after the start of the course or otherwise does not participate in the course, the course participant is not entitled to any reimbursement.

3.4 The AUAS has the right to cancel the course or to refuse the participation of a student, without stating reasons, in which cases the student is entitled to a refund of the full amount paid to the AUAS by this student.

Article 4 – Payment

4.1 Payment must be made via the Digital Society School webshop before the starting date of the course. In case of invoice, a minimum amount greater than €250 is required, and payment must be made within 30 days of the invoice. Objections to the amount of the invoices and / or the performance of the services do not entitle the student to suspend the payment obligation. If payment has not been made within the stated period, the student will be in default and will owe the statutory interest per month or part thereof on the outstanding amount from the invoice date.

4.2 The travel and arrangement / accommodation costs, as well as the compulsory literature in connection with participation in a course, are not included in the course fee, unless explicitly agreed otherwise in writing.

4.3 In the event that the student:

1. is declared bankrupt, makes a request for suspension of payment, or
   seizure of a substantial part of its assets is laid;
2. dies or is placed under guardianship;
3. fails to comply with any obligation towards the AUAS;
4. proceeds to strike or transfer of his company or a substantial part thereof, including the contribution of his company to a company to be established or already existing, or to change the objective of his company, amounts still due become immediately due and payable

AUAS has the right to dissolve the agreement (s) concluded with the student in whole or in part without any judicial intervention being required.

4.4 All judicial and extrajudicial costs to be incurred will be borne by the student. The extrajudicial collection costs are charged according to the Decree Reimbursement for Extrajudicial Collection Costs, as referred to in paragraph 4 of Article 6:96 of the Dutch Civil Code. The extrajudicial collection costs are as follows (amounts excluding VAT) with a minimum rate of € 40:

• 15% over the first € 2,500
• 10% over the following € 2,500
• 5% over the following € 5,000.
• 1% over the following € 190,000
• 0.5% over the excess of the principal with a maximum of € 6,775

Article 5 – Retention of title

All goods delivered by AUAS, such as designs, sketches, drawings, films, data carriers of software and (electronic) files, etc., remain the property of AUAS until the student has fulfilled all his obligations. Goods delivered by AUAS that are subject to retention of title may only be resold as part of normal business operations and may never be used as a means of payment.

Article 6 – Research, complaints

The student must report complaints about the services provided to AUAS in writing within 8 days after discovery, but no later than within 14 days after completion of the relevant services. Complaints about invoices must also be submitted in writing within 8 days after the invoice was sent.

Article 7 – Cancellation

7.1 All agreements can be canceled in writing in the interim if maintenance of the agreement on the basis of changed circumstances which at the time of entering into the agreement in question were not reasonably foreseeable for the terminating party and which were not in accordance with these conditions, the law or the traffic valid views are at the risk of the latter, can no longer reasonably be required. If an agreement is prematurely terminated by the student on the basis of this article, HVA is entitled to pro rata payment of the services already performed and to compensation for its costs (such as, but not limited to: loss of occupancy) and loss of profit for as far as those not mentioned above pro rata payment are discounted.

Article 8 – Suspension and termination

8.1 AUAS is authorized to terminate the agreement if circumstances arise that make it impossible or that make it impossible to demand compliance with the standards of reasonableness and fairness, or if circumstances arise that are otherwise unchanged. It cannot reasonably be expected that the agreement will be maintained.

8.2 If the agreement is dissolved, the claims of AUAS on the student are immediately due and payable. If AUAS suspends the fulfillment of its obligations towards the student, it will retain its rights under the law and the agreement. Dissolution of the agreement does not lead to the creation of cancellation obligations.

Article 9 – Liability

9.1 The liability of AUAS for an unlawful act committed and for indirect or consequential damage as a result of an attributable shortcoming is excluded.

9.2 For direct damage suffered by the student as a result of an attributable shortcoming on the part of the AUAS, the AUAS is only liable insofar as the student proves that this damage is a direct consequence of the attributable shortcoming and furthermore per event or series of events with a common cause, up to the parties agreed value of the obligation or the obligations in the fulfillment of which the AUAS is thus attributable to a deficit, with a maximum of € 25,000 excluding VAT.

9.3 Further-reaching liability-limiting or exclusive conditions, which can be invoked against AUAS by third parties (such as, but explicitly not limited to: suppliers), can also be invoked by AUAS against course participants.

9.4 The limitations of AUAS’s liability as referred to in the preceding paragraphs do not apply if the damage is due to deliberate recklessness or intent of managerial subordinates of AUAS.

9.5 Every claim against the AUAS by the student under these conditions will expire by the mere expiration date of six months after the claim arose, unless before this a legal action has been brought against the AUAS.

9.6 The student indemnifies AUAS, its staff and any third parties engaged by AUAS in the context of the fulfillment of its obligations under this agreement against all claims from third parties for compensation for any damage suffered by these third parties, caused by or otherwise related to the services provided by AUAS under these conditions, unless AUAS, if the damage would have been suffered by the student, could not rely on limitation of its liability under this article.

Article 10 – Force majeure

10.1 The parties are not obliged to fulfill any obligation they have towards each other, if they are prevented from doing so as a result of a circumstance that is not due to fault, and neither by law, a legal act or in circulation views are at their expense, including: strike and / or interruption (both organized and disorganized), government measures that impede the performance of the services, illness or unforeseen dismissal of employees who would be deployed in the context of the service and for which , in the reasonable opinion of AUAS, no replacement can be found as well as (whether or not attributable) shortcomings of suppliers as a result of which AUAS cannot fully or partially fulfill its obligations towards the student. Even if the AUAS is in default, it will be entitled to force majeure.

10.2 The parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate damage to the other party.

10.3 To the extent that the AUAS has at the time of the occurrence of force majeure partly fulfilled its obligations under the agreement or will be able to fulfill it, and the part fulfilled or to be fulfilled owes independent value, the AUAS is entitled to honor the part already fulfilled or after declare the part to come separately. The student is obliged to pay this invoice as if it were a separate agreement.

Article 11 – Confidentiality

Both parties are obliged to maintain confidentiality with regard to all information that they obtain from each other in the context of the performance of the services and for which they know the confidential nature or should reasonably have known.

Article 12 – Intellectual Property

12.1 All intellectual property rights that result from the services to be performed by AUAS for the benefit of the student will be vested in AUAS. All documents provided by AUAS, such as, but not limited to: reports, advice, agreements, designs, sketches, drawings, software, etc., are exclusively intended for use by student and may not be used by AUAS without prior written permission from AUAS reproduced, made public or brought to the knowledge of third parties, unless the nature of the documents provided indicates otherwise.

12.2 The student indemnifies AUAS against all (legal) claims relating to (alleged) infringement of any industrial or intellectual property right in the event of use, reproduction, processing or processing of goods that AUAS have been made available by or on behalf of the student.

12.3 In the event that computer software is supplied, the student will only receive a non-transferable license to use it in accordance with the purpose of the software.

12.4 The AUAS reserves the right to also use the knowledge acquired through the performance of the services for other purposes, provided that no confidential information is disclosed to third parties. AUAS is entitled to sign the work commissioned. AUAS is entitled to use what was produced on assignment, taking into account the interests of the student, for its own advertising and / or promotional purposes.

Article 13 – Applicable law and disputes

Dutch law applies to all agreements between AUAS and student. All disputes will be settled by the competent court in Amsterdam, unless AUAS prefers to submit the dispute to the competent court in the student’s place of residence.

AUAS Executive Board 16 May 2017

DISCLAMER this is a translation of the General terms and condition of the AUAS/HvA. You can find the Algemene Verkoopverwaarden HvA at https://www.hva.nl/praktisch/algemeen/hva-breed/communicatie/verkoopvoorwaarden-voor-particulieren/verkoopvoorwaarden-voor-particulieren.html