General terms and conditions Ontrack

  1. Terms & Definitions  

In these general terms and conditions, the following definitions shall apply:  

General terms and conditions 

These general terms and conditions.  

Remote agreement 

Eand agreement concluded in such a way that exclusive use was made of one or more means of distance communication within the meaning of Art. 7:46a of the Civil Code.  

OnTrack 

OnTrack Academy b.v. - hereinafter referred to as OTA - established in Helmond, 5708 VC, at Turfhoeve 4, trading as OnTrack Academy b.v.  

OnTrack Academy 

All services offered through the website and learning environment www.ontracklearning.nl. 

Consumer 

Natural person, not acting in the exercise of a profession or business.  

Customer  

Any private individual, who purchases training from OTA, or any company or institution that purchases training from OTA. The customer may be either in the capacity of  

  1. Applicant, the person who registers himself and/or another person for a training course  
  2. Participant, the person who is registered for a training course and/or participates in a training course.  

Course fee 

The amount due when purchasing a training unit, subscription and/or examination fee.  

Course materials 

Training, teaching or instructional materials, documentation or any other material in any form used as part of the training.  

E-learning 

The part of the course material that is made available to the client online. 

Services 

All training, products and materials offered by OTA.  

Training  

An education, training, retraining, course, study/ theme day, workshop, conference, symposium or any other form of training provided by OTA. OTA also provides in-company and online training courses. A course may be divided into several modules.  

Article 1 - Applicability  

These general terms and conditions shall apply to the contract which OTA concludes with the Customer, insofar as they have not been deviated from in accordance with Article 1(3). The agreement applies to the customer in the capacity of registrant and/or participant.   

These general terms and conditions are expressly disclosed to the Customer prior to the contract and form an integral part of OTA's information provision. Without prejudice to other options, the applicability of the general terms and conditions results in any case (also) from their acceptance by the customer by ticking the terms and conditions before payment can be made.  

OTA expressly rejects the applicability of the Customer's general terms and conditions, however named. 

Deviations from the general terms and conditions shall only be valid if expressly agreed in writing between OTA and the customer. 

In cases not provided for in the relevant contract and/or the general terms and conditions, OTA will make arrangements according to reasonableness.  

MShould any of the provisions of these terms and conditions be invalid and/or be declared null and void, this shall not affect the validity of the remaining provisions. The (whole or partial) invalidity or ineffectiveness of one or more provisions does not affect the validity or connectedness of other provisions. If any provision should prove to be invalid or non-binding, OTA and the Customer shall replace the invalid or non-binding part with a provision which is valid and binding and whose legal effects, given the content and scope of the provision in question, correspond as closely as possible to those of the invalid or non-binding part of this provision. 

OTA is entitled to amend these general terms and conditions. The general terms and conditions, as they stood at the time before the amendment, shall continue to apply to contracts which had been validly concluded at that time. OTA shall announce the amendment at least 30 days before its coming into force by personal notice or by a general notice on the website.  

Article 2 - Offer  

On the website, the customer will find the most up-to-date offer of training courses. OTA releases the "In company" offer at the customer's request (preferably) in writing.  

The offer shall at least state the following information in a clear and comprehensible manner:  

  1. The manner of execution of the agreement.  
  2. When training starts.  
  3. Pre-known conditions under which training may not take place.  
  4. Where applicable: the admission and/or preparation requirements to participate in the programme.  
  5. Price including all additional costs and taxes.  
  6. The method of payment.  
  7. The duration of the agreement.

OTA is entitled to make changes to the content of the course at any time, on the understanding that the communicated outline will not be abandoned as a result.  

Article 3 - Conclusion of the agreement 

The customer enters into an agreement with OTA by registering for / ordering a course via the registration form on the website, unless otherwise agreed in writing.  

The contract is concluded when OTA accepts the enrolment for a course in writing and is deemed to have been concluded when OTA confirms in writing the enrolment for the course to the customer. This confirmation shall also serve as proof of enrolment for the respective course.  

In the case of contact education, commencement of the programme means the date of the first meeting. In the case of distance education, the start of the course means the provision of access to the educational material.  

OTA is entitled to enquire about the creditworthiness of a customer who has registered for a particular course by third parties. If the outcome of such creditworthiness check is negative, OTA shall be entitled to terminate the contract.  

Dhe Customer shall not be entitled to transfer the rights and obligations under the contract to a third party without OTA's written consent. OTA may attach further conditions to such consent.  

In the case of distance learning or e-learning, the Agreement applies for 365 days, which is the period you can use the E-learning. The agreement ends by operation of law after this period. Even if the Agreement is terminated, you must comply with the obligations included in these terms and conditions (such as obligations concerning confidentiality and intellectual property rights (see articles 10, 11 and 12 of these general terms and conditions)). 

Article 4 - Cancellation, replacement and relocation  

Before the start of a training course, the customer has the right to cancel the training course. The cancellation can only be made in writing. The moment of receipt by OTA shall apply in the case of:  

  1. An e-mail: the sending date of the relevant e-mail or 
  2. A letter: the postmark date

In the event of cancellation as referred to in Article 4(1) (except for the cooling-off period for consumers under statutory regulations for distance contracts), OTA is entitled to charge the Customer for the following costs: 

  1. If cancelled before the cancellation deadline comes into force: 10% of the course fee, with a minimum of €42 excluding 21% VAT for administration costs (with a maximum of €200 excluding 21% VAT per training day).  
  2. For cancellation between 6 weeks (42 days) and 4 weeks (28 days) before the start of the first meeting: 50% of the course fee.  
  3. For cancellation between 4 weeks (28 days) and 2 weeks (14 days) before the start of the first meeting: 75% of the course fee.  
  4. For cancellation less than 2 weeks (14 days) before the first meeting: 100% of the course fee.  
  5. For free services: participation is free of charge but not without obligation. In case of cancellation, €42 excluding 21% VAT will be charged for administration costs.  

In case of prevention of participation for any reason, the customer has the right to have a substitute participate. The necessary details of the substitute participant must be communicated in writing within 24 hours of the cancellation. If there are admission/preparation requirements for a training course, the substitute participant must comply with them. Substitution after the start of a training course is not possible.  

Cancellation by the customer of an in-company training course can only be done in writing and before OTA has started the execution of this training course.  

In case of a cancellation of an in-company training course, OTA is entitled to charge the following costs to the customer.  

  1. Bhe cancellation before the cancellation deadline takes effect: 25% of the cost of the In ompany course.  
  2. For cancellation between 6 weeks (42 days) and 4 weeks (28 days) before the start of the first meeting: 50% of the course fee.  
  3. For cancellation between 4 weeks (28 days) and 2 weeks (14 days) before the start of the first meeting: 75% of the course fee.  
  4. For cancellation less than 2 weeks (14 days) before the first meeting: 100% of the course fee.   
  5. If the customer terminates participation prematurely at the start time of the training or after the start of the training or otherwise does not participate (any longer) in the training, the customer is not entitled to a refund or entry into another training.  

 

OTA reserves the right to:  

  1. Change the course date, time and/or place, combine courses or cancel the course (as, inter alia but not exclusively, in case of, in the opinion of OTA, insufficient interest). OTA shall inform the Customer in writing no later than 1 week (7 days) before the first day of class and, to the extent possible, offer an alternative. If this is not possible or the customer prefers, OTA shall return 100% of the course fees already paid within 30 days. 
  2. Not to accept new registrations for an existing course. Registrants will be notified accordingly, after which any course fees already paid will be refunded within 30 days.  
  3. Increase the group size by up to 2 participants in exceptional cases.  
  4. Amend the training programme mid-term, for reasons of qualitative improvement and/or reason of reprogramming accreditation/examination requirements of external institutes.  

 

In case of misconduct by the participant, OTA is entitled to deny the participant access to the course and/or the building without refund of the course fee.  

Force majeure by us or one of the third parties engaged by us suspends our obligations for as long as the force majeure continues. We are not obliged to pay compensation for damages in that case. 

Force majeure is a situation in which a shortcoming cannot be attributed to us or one of the third parties engaged by us. This is the case if the failure is not due to our (or the third party engaged by us) fault and should also not be at our risk. Force majeure includes in any case fire, water damage, default of one of our suppliers, technical failures to be remedied by third parties, loss of goods, strike and any government measures. 

If the force majeure continues, we may always terminate the Agreement ourselves, without having to pay damages. 

Article 5 - Termination of distance contracts  

If a customer is a private individual, the customer has the right to dissolve a distance contract without giving reasons for 14 days after its conclusion. In the case of a distance contract relating exclusively to the purchase of educational material, the 14-day period starts on the day following the day of receipt of the educational material.  

In case of termination in accordance with Article 5(1), the Customer shall return the received educational material to OTA as soon as possible. OTA shall be entitled to charge the direct costs of returning the material to the Customer. The return is at the Customer's risk.  

No right to rescission according to Article 5(1) exists if the training has started before the 14-day period has expired.  

If the Customer terminates the contract prematurely after the commencement of the training course, there is no right to any refund of the amount paid or still owed by the Customer to OTA, with the exception of that mentioned in Article 5 paragraph 5.  

Refund of (part of) the costs of the course is only possible if early termination of the contract is the direct consequence of a serious illness or calamity, in which case OTA may require proof thereof in the form of a medical certificate or otherwise. The medical certificate will in principle be issued by the attending physician and will in any case state the following:  

  1. The identity and capacity of the person issuing the attestation  
  2. The identity of those undergoing training,  
  3. The cause of this person's unfitness to continue the training and  
  4. The likely duration of this incapacity.   

 

 

Article 6 - Payment conditions  

For open enrolment, after registering for/ordering a course on the web site, the customer pays the amount due by iDEAL or Credit Card immediately, unless otherwise agreed in writing. The customer guarantees that OTA will be able to collect the amount due.  

For In-company training, the customer pays by invoice after signing the quotation. The customer must pay the full cost of In-company training within 14 days of the date of the invoice, unless otherwise agreed in writing in the agreement.  

If the customer has not paid the amount due in full within the stipulated period, the customer shall be in default without further notice. The provision of services may be suspended with effect from that date.  

After exceeding the payment term, the customer shall owe statutory interest and collection costs on the outstanding amount. The collection costs per reminder or demand for payment are always 5% of the outstanding and overdue amount. Should a default notice and/or summons be issued, additional costs of 15% with a minimum of €150 excluding VAT will be charged.  

All costs, both judicial and extrajudicial, that OTA will incur due to the Customer's failure to fulfil his obligations shall be borne entirely by the Customer.  

Article 7 - Price  

The current prices of each course and method of payment are listed on the website. Prices are non-binding unless included in a written agreement.  

Interim cost-increasing factors (such as, but not limited to: purchase prices, exchange rates, wages, taxes, duties, charges and freights) that come into play after the conclusion of the contract may be passed on to the customer by OTA.  

If the customer is a private individual, and the cost price-increasing factors referred to in Article 9(2) lead to a change in the price of training within three months of the conclusion of the agreement, the customer has the right to dissolve the agreement.  

Article 8 - Intellectual property and confidentiality  

OTA is at all times the sole owner of intellectual property rights to the items, materials, tools (including software) and (electronic) information made available to the Customer, unless OTA expressly indicates otherwise in writing.  

The customer only acquires a non-transferable right of use for the purpose of the training course(s) specified in the confirmation.  

Without OTA's prior written consent, the Customer is not allowed to copy, disclose, exploit, reproduce, modify or use in any other way the items, materials, tools and (electronic) information mentioned in Article 8 paragraph 1 in (un)processed form. Nor to make any changes to their security.  

The customer is at all times obliged to keep the (contents of the) items, materials and (electronic) information mentioned in article 8 paragraph 1 confidential and to use them only for the purpose for which a right of use has been granted to them.  

OTA also holds the right to use the knowledge gained by carrying out work for other purposes, provided that no confidential information is brought to the knowledge of third parties.  

Article 9 - Privacy  

OTA respects the privacy of its customers and ensures confidential treatment of all personal information provided in accordance with applicable privacy laws and regulations.  

Vprior to ordering/registering or activating an online training course, the customer is obliged to register. After which the customer can complete the order/registration or gain access to the online training. The customer must state the correct details of himself and/or persons he has registered on the registration form.  

The access to the account/profile granted by OTA to the customer after registration is strictly personal and may only be used by the customer himself.  

Provided data are used to make the processing of customer enquiry, request, order, response, participation confirmation, proof/certificate of participation as quick and easy as possible.  

Name and e-mail/address details are used to keep those involved informed of training courses. If clients indicate that they do not wish to be sent information other than for their own training, this will be respected.  

OTA will not disclose personal data to third parties unless OTA is required to do so by law.  

The (personal) data registered by the customer via the website/learning environment are not visible to the customer's employer and/or other customers.  

If you have a complaint about the way OTA has handled your personal data, you can file a complaint via the information form on our website or by sending an e-mail as indicated in the Privacy Statement. 

We make every effort to process your data securely. We are not liable for any possible damage caused by you sending us your personal or company data.  

Article 10 - Liability  

OTA makes every effort to the best of its knowledge and ability to ensure good quality training. However, the final result is equally dependent on factors beyond OTA's control, including the customer's commitment. OTA therefore cannot give any guarantees regarding the expected results of the training courses it provides.  

The Customer himself is responsible for the correct use of the website/learning environment and for the correct input of (personal) data. OTA does not guarantee, for instance, that the functions contained in the website/learning environment will always meet the Customer's requirements, that the website/learning environment will be uninterrupted or error-free, or that any defects in the website/learning environment will or can be corrected. OTA does not guarantee that the website/learning environment will be free of viruses, defects or other imperfections.  

OTA does not accept any liability to the Customer for any damage except in the event that its liability insurance covers the damage and to the extent that the insurer pays out if applicable.  

Outside the cases referred to in Article 10(2) or insofar as the limitation of liability as contained in Article 10(5) would not stand up in court, the liability shall be limited to the amount charged for the performance causing the damage or, if it concerns a continuing performance agreement, to the invoice amount over a period of 6 months.  

OTA expressly excludes any liability for:  

  1. Damage resulting from not possessing and maintaining sufficient physical and/or mental fitness to follow the training programme. Participants must judge for themselves whether they are physically and in terms of fitness and mental condition capable of participating responsibly in a training course (activity).  
  2. Loss, theft or damage of property or otherwise materials brought by the participant during the training.  
  3. Indirect damages, including consequential damages, lost profits and damages due to business interruption.  
  4. Costs and/or damages arising from the cancellation, non-completion, rescheduling or combination of a course, course unit or course day(s).  
  5.  Damage by or to the customer caused by or related to or based on the content of the course material, lessons, advice and/or instructions provided by OTA. The use by the customer of the course material, the application of given instructions and advice given by the customer is at his own expense and risk.  
  6. Damage, resulting from any failure of LOL or the participant(s) designated by LOL to fulfil his/her/their obligations, including insufficient cooperation in the performance of the agreement.  
  7. Damages resulting from incorrect and/or incomplete and/or untimely data and information provided by the customer. 
  8. Consequential damage from implementation in the client's organisation of documents produced by a participant during training, such as plans of action, practical assignments, etc. 
  9. Direct or indirect damage arising from or in any way related to the use of the webshop/learning environment, the modification or discontinuation thereof, inaccessibility or errors on the website/learning environment. OTA is also not liable for (the consequences of) advice or actions of third parties offering their services and/or products via the webshop/learning environment.  
  10. Claims of third parties concerning a participant's illness or condition referred to in Article 5(3).  

The provisions of Article 10 paragraphs 3 and 4 shall apply mutatis mutandis to the above.  

The limitation of liability as contained in this Article 10 does not apply if there is intent or gross negligence on the part of OTA.  

Article 11 - Right of withdrawal for consumers  

Consumers are entitled under the Civil Code (Article 6:219) to use the right of withdrawal for any order/registration made with OTA. This right implies that consumers may cancel the order/registration within 14 days free of charge. The customer must submit this request to OTA in writing.  

The right of withdrawal takes effect after OTA has sent the registration confirmation by e-mail.  

The right of withdrawal does not apply to services whose performance, with the consumer's consent, has begun before the 14-day period. For this, depending on the product and the service already provided, the consumer will receive a refund of a proportionate part of the amount due.  

With regard to online training courses, the Customer will only be granted access to the online training course once the Customer has created a personal account and the relevant fee has been paid in full. The relevant content and/or services and/or products of OTA can be used immediately thereafter, before the revocation period referred to in the Distance Selling Act has expired. The Customer's right of withdrawal under the Distance Selling Act is expressly excluded for this reason.  

Article 12 - Miscellaneous  

The customer is entitled to a certificate/proof of participation if this has been promised to him in writing prior to the training course provided he meets the attendance requirement, has completed a written (online) test with satisfactory results or - if there is no written test - in the event of sufficient commitment and results in the opinion of the teacher.  

The participant is obliged to be present on time, have any necessary materials with him, behave correctly during the training and not inconvenience other attendees, report the presence with him of an illness/disease, which may pose danger to those present in the premises.  

Every person attending a training course is obliged to carry and present the written confirmation as mentioned in Article 3(2) during the meetings of the training course in combination with a valid identification document at the request of a teacher or other OTA official.  

Article 13 - Employees  

The Customer shall not be allowed to employ or cause to be employed by OTA any persons engaged by and/or employees of OTA in the performance of a contract, during the period of the term of the contract and for two years after its termination, under an employment contract or otherwise - such as but not limited to by an assignment contract or secondment - unless OTA has given its written consent.  

The Customer shall forfeit to OTA a penalty of €5,000 excluding VAT for each (former) person engaged by and/or employee of OTA for each day that the Customer acts in violation of the provisions of Article 13(2). OTA retains the right to compensation for the damage actually incurred.  

Article 14 - Disputes  

The general terms and conditions and the use of the webshop and learning environment are governed by Dutch law. Disputes will be settled by the District Court of Eindhoven.