General Terms and Conditions

Note: this is a translation of the Dutch General Terms and Conditions. In the event of differences in interpretation between the Dutch and English texts of these general terms and conditions, the Dutch text shall prevail.

 

1 Applicability of the general terms and conditions

1.1   These general terms and conditions apply to all the services carried out by Charco & Dique B.V.

 

2 Realisation of the agreement

2.1   The agreement consists of these General Terms and Conditions in combination with the Assignment Confirmation. The agreement comes into being when:

• the Assignment Confirmation signed by you and us has been returned to us; or
• we have started to carry out the activities described in the Agreement (with your explicit permission).

 

3 Your obligations

3.1   You must provide us with all information and documents that we require for the correct and timely execution of the Assignment in good time. You are personally responsible for the accuracy, completeness and reliability of the information and documents provided.

 

4 Execution of the Engagement

4.1   We shall perform all work to the best of our knowledge and ability in accordance with the requirements of good craftsmanship. The (intended) activities are subject to a best-efforts obligation, unless explicitly stipulated otherwise in the Assignment Confirmation.

4.2   We reserve the right to replace the employees assigned to the Assignment. We will do this in consultation with you.

 

5 Use of the internet

5.1   Both parties acknowledge that there are risks associated with communicating via the Internet and that neither party has any control over the operation, reliability, availability or security of Internet e-mail. Neither party shall be liable for any damages, costs, injury or inconvenience resulting from loss, delay, interception, corruption or modification of Internet e-mail due to causes beyond the reasonable control of the party concerned.

 

6 Intellectual Property

6.1   We retain all intellectual property rights in respect of intellectual products (models, techniques, instruments) which we have used/developed in the context of the execution of the Assignment, and in respect of which we hold or can assert copyright or other intellectual property rights.

6.2   You have the right to reproduce written documents for internal use, to the extent appropriate to the purpose of the Assignment.

 

7 Confidentiality

7.1   Unless any statutory provision, regulation or other (professional) rule obliges us to do so, we are obliged to keep confidential information confidential. We shall only use the confidential information you provide to us for the purpose for which it was obtained, unless you grant us written permission to do so.

 

8 Fee

8.1   The agreed fee (rates) will be stated in the Assignment Confirmation. Costs that are charged separately, such as travel and accommodation expenses, will be stated in the Assignment Confirmation. All fees, unless otherwise stated, are exclusive of sales tax.

8.2   In the case of assignments with a duration of more than six months, we may adjust the rates during the course of the Assignment. We will inform you of this at least one month in advance.

 

9 Payment

9.1   Our invoices must be paid within 21 days – without suspension or set-off. If payment is still not made after a reminder, we are entitled to charge the client for extrajudicial collection costs.

9.2   In the event of non-payment of our invoices, we shall be entitled to suspend work until full payment of the outstanding invoices has been made, with the exclusion of any liability for damage that may arise as a result.

 

10 Liability and indemnification

10.1   We shall perform our work to the best of our ability, exercising the care that may be expected of us. If mistakes are made because you or a third party provides us with incorrect or incomplete information, we are not liable for the resulting damage.

10.2   We are liable if the error would have been avoided by careful action. In that case, we are liable for any (demonstrable) damage up to a maximum of 50% of the fee that you have paid and/or still owe us over the last six months for the work carried out under the Assignment.

10.3   We are not liable for consequential loss of any kind (including but not limited to lost profits, forfeited fines, loss of goodwill or lost business opportunities).

10.4   You shall indemnify us against all claims by any party other than you that may arise as a result of any failure by you to fulfil, or incorrect fulfilment of, any obligation arising from the Assignment and/or these General Terms and Conditions, unless you prove that the damage is not related to culpable acts or omissions attributable to you or has been caused by our wilful misconduct or deliberate recklessness.

 

11 Complaints

11.1   Complaints relating to the activities carried out by us, must be made known to us in writing at the risk of forfeiting all claims within 60 days of the date of dispatch of the documents or information about which you are complaining, or within 60 days of the discovery of the defect, error or shortcoming, if you prove that you could not reasonably have discovered the defect, error or shortcoming earlier.

 

12 Conflicting clauses

12.1   In the event that these General Terms and Conditions and the Assignment Confirmation contain mutually conflicting conditions, the conditions contained in the Assignment Confirmation shall apply. Deviation from these General Terms and Conditions is only possible in the written Assignment Confirmation.

13 Additional terms and conditions relating to training courses of The Ministry of Compliance

The Ministry of Compliance is a trademark of Charco & Dique.

Cancellation of Training

13.1   Cancellation of an in-class training course of The Ministry of Compliance is only possible before the training has started. For cancellations up to 31 calendar days prior to the start of the in-class training the actual costs incurred shall be due with a maximum of 25% of the training price. Between 30 and 14 calendar days before the start of the training 50% of the training price is due. If cancelled within 14 days, the full training price is due.

13.2   Cancellation of a training in the form of e-learning is only possible up to and including 14 days after the purchase of the training under the condition that the student has not yet logged into the training. The moment of logging in is determined by the registration of this in the electronic learning environment.

13.3   Cancellation must be made in writing (letter or e-mail). The date of receipt is the postmark or the date of receipt of the e-mail.

 

Change of date

13.4   If an in-class training course on the indicated date is fully booked or has insufficient participants, The Ministry of Compliance is entitled to change the date of this training course. In this case The Ministry of Compliance shall schedule a new date.

13.5   The Ministry of Compliance has the right to change an in-class training in case of force majeure. When the date of the training changes, The Ministry of Compliance will schedule a new date. If for any reason the student is unable to attend this new date, a pro rata refund of the course fee shall be made.

 

Complaints

13.6   The Ministry of Compliance has a separate complaints procedure where complaints regarding the training courses can be made. Complaints will be handled in accordance with this procedure.

 

VAT exemption

13.7   The Ministry of Compliance is a CRKBO-registered organisation. Training courses of The Ministry are therefore exempt from VAT.

 

14 Applicable law and dispute resolution

14.1   All agreements between the Client and Charco & Dique are governed exclusively by Dutch law. Disputes will be settled exclusively by the competent judge in Amsterdam.

 

15 Other

15.1 These General Terms and Conditions have been filed with the Chamber of Commerce. Charco & Dique B.V. is registered with the Chamber of Commerce in Amsterdam under number 34377693.