Terms

General terms and conditions for training at SCRUM ACADEMY B.V.

1 General

These general terms and conditions (hereinafter referred to as “General Terms and Conditions”) for training apply to all training courses offered by Scrum Academy B.V. (hereinafter referred to as “Scrum Academy”) to participants, with open registration or “in company”. Deviating provisions must be agreed upon in writing with the contractual other party c.q. participant in the trainings and are deemed to supplement these General Terms and Conditions, insofar as not explicitly agreed upon otherwise in writing. Where hereafter is mentioned “participant” is also meant the contractual other party of Scrum Academy if this is not (also) the participant.

2 Establishment of the agreement

The agreement between the participant or client (hereinafter referred to as: “the participant”) and Scrum Academy is concluded by confirmation by email from Scrum Academy to the participant of the participant’s request to attend a training based on the participant’s registration by email or telephone. In the confirmation e-mail these terms and conditions are declared applicable. The participant of an open registration agrees online to these Terms and Conditions and to the AVG privacy policy, as part of the conclusion of the agreement. The participant of the in-company training signs the offer in which the General Terms and Conditions (which are attached to the offer) are declared applicable, thus establishing the agreement.

3 Payment terms

Open enrollment:

Upon confirmation of registration, the participant will receive an invoice from Scrum Academy, which must be paid by the participant within 14 days of the date of registration, but no later than before the first training day. If the participant does not meet the payment deadline, legal interest will be charged after (and from the moment that) the participant has been put in default in this respect and the reasonable period that Scrum Academy has given the participant to pay has expired. If the participant defaults on payment or otherwise fails to fulfill his obligations, all reasonable costs will be charged to the participant.

In company:

After completion of the training or after a sub-phase of a program agreed upon between the parties in advance, the participant will receive an invoice from Scrum Academy. If the term of payment is exceeded, Scrum Academy is entitled to charge the participant the statutory interest and any administration and collection costs.

4 Participation costs

Costs for participation and possible cancellation are per participant. Costs are exclusive of 21% VAT and other government levies and include training materials and arrangement fees, unless otherwise stated in the agreement.

5 The execution of the assignment

Scrum Academy will carry out (or have carried out) the training to the best of its knowledge and ability and in accordance with the requirement of good workmanship. This obligation has the nature of a ‘best effort obligation’, because achieving the intended result cannot be guaranteed. If and insofar as a proper execution of the training requires it, Scrum Academy has the right to have (certain parts of) the training executed by third parties.

6 Intellectual property

Training materials, including case descriptions, used to conduct the training are and shall remain the property of Scrum Academy. The training and training materials and/or parts of the training and/or training materials may not be copied or incorporated into another training by the participant or by third parties through the actions of the participant without written permission from Scrum Academy.

7 Cancellation and early termination by the participant

Circumstances may arise which prevent the participant from participating in the training. The participant may then have another person participate in the training as a replacement. This must be communicated to Scrum Academy no later than two days before the start of the training. If replacement is not possible, the participant has the right to cancel the training in writing. For the assessment of the cancellation period, the date of the confirmation email will be taken as the basis.

In case of cancellation more than 4 weeks before the start of the (first) training, € 25,- cancellation fee will be charged by Scrum Academy to the participant. In case of cancellation between 4 and 2 weeks before the start, the participant will owe 50% of the participation fee. In case of cancellation within 14 days before the start, the total participation fee is due by the participant. Possible arrangement costs will always be charged to the participant in the event of cancellation. If the participant does not show up on the first day of the training, this is considered a cancellation. It is then not possible for the participant to follow the rest of the training, nor to receive any refund.

In case the participant stops participating mid-term after the start of the training or otherwise does not participate in the training, the participant is not entitled to any refund. Replacement of the participant after the start of the training is not allowed.

8 Cancellation or modification by Scrum Academy.

Scrum Academy reserves the right to cancel a training without giving a reason. Fees charged to the participant for a training cancelled by Scrum Academy will be credited. Scrum Academy is entitled to change the date, time, times and location of a training course at any time. If Scrum Academy is of the opinion that the participant cannot reasonably be required to attend the training under the changed conditions, Scrum Academy may decide whether or not to partially refund the participation fee to the participant, at Scrum Academy’s sole discretion. If the trainer is unable to deliver the training(s) on the set date(s) due to illness or force majeure, Scrum Academy may choose an equivalent replacement or set new dates. This will incur no additional cost to the participant, but the participant will also not be able to reclaim any costs from Scrum Academy in that case.

9 Confidentiality

Scrum Academy is obliged to keep all information and data of participants confidential towards third parties. Scrum Academy observes the provisions of the Personal Data Protection Act (Wbp) and the General Data Protection Regulation (AVG). consideration. Scrum Academy will take all possible precautions to protect the interests of the participant in the context of the training.

10 Liability

Scrum Academy shall only be liable to the participants for attributable shortcomings in the execution of the training, insofar as these are the result of the participant’s failure to exercise the due care, expertise and craftsmanship that may be relied upon in the execution of training and if as a direct consequence thereof damage is caused to the participant. Scrum Academy’s liability for the damage caused by Scrum Academy’s attributable shortcomings shall be limited to the amount of the participation fee received by Scrum Academy from the participant in the case in question, or to the amount paid out by Scrum Academy’s insurer in appropriate cases.

Liability of Scrum Academy with respect to indirect damages (in the broadest sense of the word), including corporate damages, consequential damages, lost profits, missed savings and/or damages due to business stagnation of the participant and/or third parties is expressly excluded.

Scrum Academy accepts no liability for any costs incurred by participants or their organization that might be caused by a cancellation of a training course.

Scrum Academy is not liable for any damage that may be caused to participants’ property during the training, unless there is an attributable shortcoming in this respect by Scrum Academy. Participants must take care of (the safety of) their property at all times. The participant is obliged to follow the safety instructions and standards of Scrum Academy.

11 Complaints

Complaints about the training must be reported in writing by the participant to Scrum Academy within 8 days after discovery, under penalty of forfeiture of the participant’s right in this respect. The complaint must contain as detailed a description of the shortcoming as possible, so that Scrum Academy is able to respond adequately. If a complaint is justified, Scrum Academy may decide to refund the participation fee or part thereof.

12 Applicable law and applicable professional code

All agreements to which these General Terms and Conditions apply in whole or in part are exclusively governed by Dutch law. As professional code/integrity code Scrum Academy uses the professional code as drawn up by the trade association NVO2.

13 Dispute resolution

All disputes that may arise in connection with the implementation of these General Terms and Conditions, the agreement to which these General Terms and Conditions apply, or other agreements resulting therefrom, will be submitted to the competent court in Amsterdam. Parties will only appeal to the court after they have done their utmost to settle a dispute by mutual agreement.

14 Final provision

In cases not provided for in these General Terms and Conditions, Dutch law shall also apply. Applicable is always the version of the General Terms and Conditions in force at the time of the conclusion of the agreement to which these General Terms and Conditions apply.

If and to the extent that any part or provision of these Terms and Conditions would appear to be in conflict with any mandatory provision of national or international law, it shall be deemed not agreed upon and these Terms and Conditions shall otherwise continue to bind Scrum Academy and the participant.

Amsterdam, August 2018