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GENERAL TERMS AND CONDITIONS OF ACCELERATE IN EXPERIENCE
ARTICLE 1: Definitions
In these General Terms and Conditions of Accelerate In Experience (hereinafter to be referred to as “Conditions”, the terms given below have the following meaning:
RELATED SERVICES: the organization and/execution of workshops, seminars, training courses and other types of gatherings in which Users can participate and/or made available to them or to the Client;
ACCOUNT: the personal and secure environment of the User within the Website, to which the User has access following input of his/her personal login data;
GENERAL TERMS AND CONDITIONS: these general terms and conditions;
CONTENT: all information placed on the Accelerate In Experience Website and made available to the Client and/or the User, including but not limited to the Online training (courses) featuring videos, texts, tests, animations, photos, drawings, corporate style and the layout;
SERVICES: the complete range of Online training (courses) and Related services;
ACCELERATE IN EXPERIENCE: trade name of the limited liability company KSM Fabriek B.V., registered with the Dutch Chamber of Commerce under number 7029 7053, located at Muurdijk 3 in Huissen;
USER: person employed by or otherwise active within the Client’s organization or a private person having purchased an Online training for business purposes, having a (personal) login account in order to make use of the Online training (courses);
LOGIN DATA: the user name and password of the User in order to gain access to the Account;
CLIENT: any legal entity or private person, registered in the Trade register of the Dutch Chamber of Commerce or – their own local country chamber of commerce – and with whom Accelerate In Experience has, will have or has already entered into a legal relationship.
CONTRACT: the contract entered into by the Client with Accelerate In Experience with regard to the provision of Online training (courses) possibly in combination with Related services;
ONLINE TRAINING (COURSES): all Online training (courses) to be provided by or on behalf of Accelerate In Experience, to which the User gains access by means of the login data;
WEBSITE: the website www.accelerateinexperience.com and underlying pages and applications such as https://accelerateinexperience.talentlms.com;
ARTICLE 2: Applicability of General Terms and Conditions
- These Conditions apply to all quotations, orders and contracts, and to their execution. There can be no deviation from these Conditions without the prior written permission of Accelerate In Experience. Should any clause or part thereof in these Conditions be declared null and void or annulled, all other clauses of the Conditions remain in full force.
- Accelerate In Experience is entitled to unilaterally amend these Conditions.
- The applicability of general conditions of the Client is explicitly rejected.
ARTICLE 3: Formation, duration and termination of the Contract
- The Contract comes into effect between Accelerate In Experience and the Client on the agreed date or on the date on which the Client is given the opportunity to gain access to the Online training (courses) or Related services.
- The Contract is entered into for the duration agreed between parties, or otherwise for the duration of one year.
- In all cases, each party is authorized to cancel the Contract, due to an imputable shortcoming in compliance with the Contract only if the other party fails to comply with the obligations of the Contract after having been provided with as detailed a written notice of default as possible, whereby a reasonable period is set for rectification of the shortcoming. If at the time of cancellation, the Client and/or User has already received performance for execution of the Contract, this performance and the related payment obligations may not form a reason for repeal. Any sums invoiced by Accelerate In Experience prior to cancellation, for any performance already executed or provided satisfactorily for the purpose of the Contract, remain fully payable and become immediately payable at the time of cancellation.
- If a Contract has been entered into for an indefinite period of time, this may be terminated in writing by parties following consultation and with statement of reasons. If no period of notice has been agreed between parties, a reasonable period must be observed upon termination. Upon termination, Accelerate In Experience shall never be liable to pay any form of damages.
- The Client is not entitled to prematurely terminate a Contract entered into for a set period of time.
- The rights and obligations of the Contract are transferable by Accelerate In Experience to third parties without the Client being entitled to terminate the Contract for this reason. However, this will not prejudice the obligation of the transfer party to respect and execute the rights and obligations of the Contract. The Client is not entitled to transfer the rights and obligations of the Contract to a third party without the prior written permission of Accelerate In Experience.
- In the case of (temporary) insolvency, bankruptcy, liquidation or other form of termination of either of the parties’ companies, other than for the purpose of a reorganization or merger, the other party may partially or fully terminate the Contract, immediately, in writing and without further notice of default being necessary.
Should the Client be declared irrevocably bankrupt, the entitlement of the Client and User(s) to use the Services is terminated without Accelerate In Experience being required to give any form of notice.
ARTICLE 4: Prices and Payment
- The Client is required to make payment for the Services on the basis of the prices set by Accelerate In Experience.
- Unless otherwise agreed, all prices will be given in Euros (EUR). All prices, rates and payments are exclusive of VAT and any other statutory charges.
- Accelerate In Experience is entitled to adjust the applicable payments, prices and rates in accordance with the Consumer pricing index, as published by the Central Netherlands Statistics Office, as per 1 January annually.
- On placing an order via the Website, the Client receives an invoice for the Services purchased via email. If not already paid in advance online, payment of the invoice is due on the date mentioned. Payments must be made without any deduction or deferment.
- Should the Client fail to make payment of the amount owed following a reminder and summons, the Client is automatically in default, in which case Accelerate In Experience is entitled to undertake (extra) judicial collection of the debt without further notice of default being required. Any costs incurred in this process are for the account of the Client.
- Should the Client be in default, Accelerate In Experience is entitled to withhold the provision of and/or access to the Services immediately and without further notification
- Should the training (course) not meet the Client’s expectations during the first 14 days, the amount paid can be fully reimbursed. The Client must communicate this via e-mail (firstname.lastname@example.org) . Accelerate In Experience will ensure that reimbursement is then arranged within 7 days. Access to the online environment will be immediately withdrawn upon reimbursement.
ARTICLE 5: Access to the Services
- The use of the Online training (courses) is restricted to the User only.
- The User must create an Account in order to make use of the Online training (courses) and/or Related services.
- The Account is personal and may not be shared with colleagues or third parties, nor may it be used by more than one User.
- The Client pledges to Accelerate In Experience that the information provided by the User when creating the Account is both comprehensive and correct.
- An Account cannot be created in anyone else’s name.
- The Client and/or User is/are personally responsible for confidentiality of the Login data. Login data may not be communicated to third parties. Accelerate In Experience assumes that User is actually the person logging in using the Login data. Should it become apparent or there be reason for suspicion that Login data has become available to unauthorized persons, the Client and/or User must immediately inform Accelerate In Experience.
- The Client is personally responsible for distribution of the purchased login data among the Users. Restitution will never be permitted for purchased and unused login data, nor may these Accounts be sold to third parties.
- Upon reasonable suspicion of violation of this article, Accelerate In Experience is entitled to block the Account in question immediately and without prior written notice. In the event of repeated or structural violation, Accelerate In Experience retains the right to suspend provision of the Online training (courses) immediately and to terminate the Contract without further written notification. In such cases, the Client has no right to any restitution of payments already made.
- Accelerate In Experience retains the right to change the login procedure and/or Login data if this is considered necessary in the interests of the functioning of the Website and Online training (courses).
ARTICLE 6: Due effort obligation and availability of Services
- Accelerate In Experience shall execute the Services to be provided according to best insight and capacity, based on a due effort obligation.
- Accelerate In Experience is entitled to enlist third parties, if this is considered necessary or desirable for correct execution of the Contract.
- Accelerate In Experience strives to keep its Website and Online training (courses) available 24 hours per day, seven days per week (with the exception of planned downtime necessary for maintenance and related activities).
- Accelerate In Experience is entitled to extend, adjust or remove the contents of its Services or parts thereof according to own insight, at any time.
- Should a Service be completely removed, this will be communicated 12 months before removal.
- Following termination of the Contract, the User shall have access to the Online training (courses) via the Login data for maximum of one year following the date of login creation.
ARTICLE 7: Force majeure
- Should Accelerate In Experience fail to comply with its obligations as a result of force majeure, such obligations will be suspended for the duration of that force majeure situation. In these Conditions, force majeure is taken to mean all situations described for that purpose by law and in jurisprudence, as well as:
power failures, Internet connection failures, telecommunications infrastructure failures, network or server failures, and shortcomings by enlisted third parties or suppliers.
- Should the force majeure situation last or be expected to last longer than 30 days, Accelerate In Experience will reimburse a proportionate amount of any payments already made.
- In the event of force majeure, neither the Client nor User is entitled to claim any form of damages.
ARTICLE 8: Liability
- Except and insofar any damage is the direct consequence of intent or conscious negligence by Accelerate In Experience, Accelerate In Experience shall never be liable for any damage, in whatever form, related to (execution of the) Contract.
- Accelerate In Experience is not liable for damage of whatever nature, resulting from Accelerate In Experience basing its performance on inaccurate and/or incomplete data provided by or on behalf of the Client and/or User.
- Notwithstanding the above, in the event that Accelerate In Experience might be held to payment of damages, the Client and/or User explicitly acknowledges that the liability of Accelerate In Experience, contractual or otherwise, is limited to maximum the amount equal to the value of the Services forming the basis for or related to the damage.
- The Client pledges that the User will always comply with the requirements of these Conditions. The Client is responsible and liable for the use of the Services by the User.
- The Client and/or User is responsible and liable for all actions taken with the aid of or within the framework of use of the Services.
- Accelerate In Experience is neither responsible nor liable for the functioning of the Services on the computer systems of the Client and/or its Users.
ARTICLE 9: Intellectual rights of title and User (rights) of Services
Accelerate In Experience retains all intellectual rights of title with regard to the Online training (courses), Related services, Website and the Content publicized via the Website.
Accelerate In Experience grants the User a limited, personal, revocable, non-exclusive, non-transferable right to follow the Online training (courses) and to make use of the Related services.
The Client and/or User is responsible and liable for all actions taken with the aid of or within the framework of use of the Website and/or following the Online training (courses) and/or Related services.
ARTICLE 10: Privacy
Accelerate In Experience registers personal data of the User and processes this data in the manner described in its privacy statement.
ARTICLE 11: Applicable law and disputes
The Contract, these Conditions and any disputes resulting from and/or pertaining to this Contract or these Conditions are covered by Dutch law.
In the event of discrepancy between the original Dutch language version and the English language translation, the original Dutch version always prevails.
Any disputes resulting from and/or pertaining to the Contract and/or these Conditions will be brought exclusively before the authorized courts in Amsterdam.
Date version General Terms and Conditions 15 Aug 2020.