Article 1 Applicability

1. These conditions apply to all agreements between Niveb and clients regarding participation or assignment to hold courses, training and other forms of training (coaching / Counseling), or advice in the broadest sense of the word, hereinafter referred to as “Training”.
2. Deviations from these conditions are only binding if and insofar as they have been confirmed in writing by NIVEB.
3. In these conditions the following terms have the following meanings:
   1. Starting moment of the training: the first training day.
   2. Cancellation: termination of the assignment for a training or postponement of the starting moment of the training.

4. General purchase conditions of the client do not apply, unless they have been accepted by NIVEB in writing.

 

Article 2 Establishment of the agreement

The agreement between NIVEB and the client is established by written or electronic registration, by signing by the client of the appropriate registration or registration form, by the written agreement signed by NIVEB and the client or by written confirmation by NIVEB to the client of his application or assignment sent by e-mail.

 

Article 3 Cancellation or transfer by the client

1. The client for a training has the right to participate in or cancel the assignment for a training by registered letter.
2. Cancellation by the client of the assignment can be done free of charge up to 6 weeks before the start of the first training day.
3. In case of cancellation less than 6 weeks before the start of the first training day, the client is obliged to reimburse 100% of the training fee.
4. In the event that the client or the participant designated by the client terminates the participation prematurely after the start of the training or otherwise does not participate in the training, the client is not entitled to any reimbursement.
5. Personal coaching / counseling can be rescheduled free of charge up to 2 working days before the start. In case of relocation within 2 working days before the start, the costs of this meeting will be charged. If the participant is not present for the scheduled meeting, the amount will also be charged.
6. If down payments have been made by the client earlier than 6 weeks before the start of the assignment, the client is entitled to a refund of the amount paid. This refund will take place within 14 days after receipt of the cancellation at the Niveb. Niveb reserves the right to charge €15.00 administration costs for this cancellation.

 

Article 4 Cancellation by NIVEB

NIVEB has the right, without stating reasons, to cancel the training or to refuse participation of a client or the participant designated by the client, in which cases the client is entitled to a refund of the full amount paid by him to NIVEB. This also applies to personal coaching and Counseling.

 

Article 5 Replacement

The client or the participant designated by the client may, in consultation with the registered participant, allow another person to participate in the training. Replacement after the start of the training is no longer allowed. This provision is without prejudice to NIVEB’s right under Article 4.

 

Article 6 Prices

Prices are non-binding unless included in a written agreement as referred to in Article 2

 

Article 7 Payment

1. NIVEB charges the fees owed by the client by means of an invoice. The client must pay the amount due no later than 14 days after invoicing in the manner indicated by NIVEB without suspension or setoff due to an (presumed) shortcoming by NIVEB, unless explicitly agreed otherwise.
2. Travel and accommodation costs as well as compulsory literature in connection with participation in a training are not included in the training fee, unless explicitly agreed otherwise in writing. The accommodation costs must be paid by the client at the jointly chosen accommodation.
3. If the client does not pay within the agreed term, he is in default without any notice of default. From the due date, NIVEB is always entitled to charge statutory interest. If timely payment is not made, NIVEB is entitled to immediately suspend the execution of the order.
4. In the event of late compliance, the client is always obliged to reimburse NIVEB for all reasonable judicial and extrajudicial collection costs, which will always include the costs of collection agencies, as well as the costs actually incurred and the wages of bailiffs and lawyers, even if these exceed the legal costs to be awarded. The extrajudicial collection costs amount to at least 15% of the amount owed by the client, with a minimum of 115 Euro.

 

Article 8 Suspension and termination

NIVEB has the right to refuse participation of the client or the participant designated by the client in a training or to suspend execution of the assignment if the client has not fulfilled his payment obligation on time, without prejudice to the provisions of Article 7.

 

Article 9 Confidentiality

1. The client and contractor undertake to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of the agreement. Information is considered confidential if this has been reported by the other party or if this arises from the nature of the information.
2. If, on the basis of a statutory provision or a court decision, the contractor is obliged to also provide confidential information to third parties designated by the law or a competent court and the contractor cannot invoke a right of non-disclosure in this respect, then the contractor is not obliged to pay compensation or compensation and the client is not entitled to terminate the assignment on the basis of damage caused by this.
3. The client and contractor will impose their obligations under this article on any third parties to be engaged by them.
4. The client guarantees that no sound and tape recordings, technical reports of any kind will be made during the course by any person present at the course. If the client does not fulfill this obligation because recordings of any kind are made of the course, it will forfeit an immediately payable fine of €5000,00 per recording. The foregoing does not apply if all data subjects have given permission for such recordings to be made. This consent can only be proven by means of a required form. (Consent Recordings). At that moment that such recording may have been made by subordinate, the client must make every effort to claim these data carriers, reclaim them and transfer them to the contractor.

 

Article 10 Copyright

1. The copyright on the brochures, project material and training material published by NIVEB rests with NIVEB, unless another copyright holder has been indicated on the work itself. Without the express written permission of NIVEB, no data from parts and / or extracts or any material will be published or multiplied in any way by the client.
2. The copyright on reports, proposals and other documents resulting from the activities of NIVEB rests exclusively with NIVEB.

 

Article 11 Liability

1. NIVEB makes every effort to carry out the given assignments to the best of its knowledge and ability.
2. NIVEB does not accept any liability towards the client for any damage other than in the case of its liability insurance that covers the damage and insofar as the insurer proceeds to pay out where appropriate.
3. Except in the cases referred to in paragraph 2, liability is limited to the amount charged for the damage-causing performance.
4. NIVEB is never liable for indirect damage, including consequential damage, lost profit and damage due to business interruption.
5. NIVEB will not be held liable if the client has the option to directly address his insurance company or that of a third party with regard to the occurrence of the damage.
6. Should any third party hold Niveb liable for any act, omission or performance that Niveb has delivered in the context of the agreement concluded with the client, the client indemnifies Niveb against all damage. In that case, Niveb is authorized to recover this liability claim and all damage that has been or may be claimed from the client.