Article 1 General
1. Definitions & General Information Inburgering Online: Inburgering Online is registered at the Chamber of Commerce under BN Language Academy at the Chamber of Commerce number 74777548 (VAT number: NL068513513B01)
Address: Amstelkade 57-3, 1078AJ, Amsterdam
Client: A natural person who purchases an online exam training at www.inburgeringonline.nl.
2. These terms and conditions (“General Terms”) apply to every offer, quotation and agreement between Inburgering Online and a Client to which Inburgering Online has declared the General Terms applicable, insofar as the parties have not deviated from the General Terms explicitly and in writing.
3. The applicability of other conditions of the Client is explicitly rejected.
4. If one or more provisions in the General Terms are at any time wholly or partially null and void or should be destroyed, the other provisions of the General Terms will remain fully applicable. Inburgering Online and the Client will then enter into consultation in order to agree on new provisions to replace the invalid or nullified provisions, whereby the purpose and scope of the original provisions are observed as much as possible.
5. If there is uncertainty about the interpretation of one or more provisions of the General Terms, the explanation must be "in the spirit" of these provisions.
6. If a situation arises between the parties that is not regulated in the General Terms, then this situation must be assessed in the spirit of the General Terms.
7. If Inburgering Online does not always require strict compliance with the General Terms, this does not mean that the provisions thereof do not apply, or that Inburgering Online would in any way lose the right to require strict compliance with the provisions of the General Terms in other cases.
8. These General Terms and all legal relationships to which Client is a party are exclusively governed by Dutch law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession can rely on the mandatory provisions of the law of the country where they have their habitual residence.
Article 2 Quotations and offers
1. All quotations and offers from Inburgering Online are non-binding and non-obligatory, unless a term for acceptance has been set in the quotation. If no acceptance period has been set, no rights can be derived in any way from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime.
2. Inburgering Online cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error.
3. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, Inburgering Online is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Inburgering Online indicates otherwise.
4. Offers or quotations do not automatically apply to future orders.
Article 3 Execution and amendment of the agreement; price increase.
1. Inburgering Online will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. The Client will ensure that all data, of which Inburgering Online indicates that it is necessary or of which the Client should reasonably understand that it is necessary for the execution of the agreement, is provided to Inburgering Online in a timely manner. If the information required for the execution of the agreement is not provided to Inburgering Online in time, Inburgering Online has the right to suspend the execution of the agreement and / or to charge the additional costs resulting from the delay to the Client according to the then usual rates. The execution period does not commence until after the Client has made the data available to Inburgering Online. Inburgering Online is not liable for damage, of whatever nature, because Inburgering Online is based on incorrect and / or incomplete information provided by the Client.
3. If during the execution of the agreement it appears that it is necessary to amend or supplement it for a proper execution, then the parties will proceed to adjust the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or direction of the Client, of the competent authorities, etc., is changed and the agreement is amended in terms of quality and / or quantity as a result, this may have consequences for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. Inburgering Online will provide a quotation of this in advance as much as possible. The originally stated term of execution may also be changed by an amendment to the agreement. The Client accepts the possibility of amending the agreement, including the change in price and term of execution.
4. If the agreement is amended, including an addition, then Inburgering Online is entitled to execute it only after approval has been given by the person authorized within Inburgering Online and the Client has agreed to the price and other conditions stated for the execution, including the then to be determined time when it will be executed. Not or not immediately executing the amended agreement does not constitute a default on the part of Inburgering Online and is no ground for the Client to terminate or cancel the agreement.
5. Without being in default, Inburgering Online can refuse a request to amend the agreement if this could have consequences in terms of quality and / or quantity, for example for the work to be performed or goods to be delivered in that context.
6. If the Client should be in default in the proper fulfillment of what he is obliged to do towards Inburgering Online, then the Client is liable for all damage on the part of Inburgering Online that arises directly or indirectly.
Article 4 Suspension, dissolution and early termination of the agreement
1. Inburgering Online is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the Client does not, not fully or not timely fulfill the obligations under the agreement, circumstances that have become known to Inburgering Online after the conclusion of the agreement give good grounds to fear that the Client will not fulfill its obligations, if the Client was requested to provide security for the fulfillment of its obligations under the agreement when concluding the agreement and this security is not provided or is insufficient or if due to the delay on the part the Client can no longer be expected from Inburgering Online to fulfill the agreement under the originally agreed conditions.
2. Inburgering Online is furthermore authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if circumstances arise otherwise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be required from Inburgering Online.
Article 5 Force majeure
1. Inburgering Online is not obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not attributable to its fault.
Article 6 Payment and collection costs
1. Payment must always be made, in a manner to be indicated by Inburgering Online in the currency in which the invoice is made, unless indicated otherwise by Inburgering Online in writing. Inburgering Online is entitled to invoice periodically.
2. If the Client fails to pay an invoice on time, the Client is in default by operation of law.
3. If the Client is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining settlement out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice.
Article 7 Retention of title
1. The goods delivered by Inburgering Online within the framework of the agreement remain the property of Inburgering Online until the Client has properly fulfilled all obligations under the agreement (s) concluded with Inburgering Online.
Article 8 Liability
1. To the extent permitted by law, liability of Inburgering Online is limited to what is regulated in this provision.
2. Inburgering Online is not liable for damage, of whatever nature, caused by Inburgering Online based on incorrect and / or incomplete information provided by or on behalf of the Client.
3. If Inburgering Online should be liable for any damage, then Inburgering Online's liability is limited to the amounts that the Client has paid to Inburgering Online during the relevant preceding three months, at least to that part of the order to which the liability relates.
4. Inburgering Online is only liable for direct damage.
5. Nothing in these Agreements will release Inburgering Online from liability or limits it it in the event of fraud, misrepresentation, death or personal injury caused by negligence on its part. The possible liability that Inburgering Online may have towards you in these cases, will in no case exceed the total of all amounts that you have paid to Inburgering Online.
Article 9 Indemnity
1. The Client indemnifies Inburgering Online against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to the client.
Article 10 Intellectual property
1. Inburgering Online reserves the rights and powers that accrue to it on the basis of the Copyright Act and other intellectual laws and regulations. Inburgering Online has the right to use the knowledge it has gained through the performance of an agreement for other purposes, insofar as no strictly confidential information of the Client is disclosed to third parties.
Article 11 Disputes
Any dispute arising out of the General Terms and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable mandatory law in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): we advise you to first notify us of any complaints informally. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
Article 12 Use of accounts
1. It is not allowed to use one account with more than one person. Inburgering Online checks this by means of an IP check. If it is suspected that an account is being abused, the account will be deactivated and it is no longer possible to log in. Inburgering Online reserves the right to deactivate accounts at any time. When an account is deactivated on strong suspicion of abuse, the Client is not entitled to a refund of the purchase amount of one or more courses. It is therefore not possible to recover amounts paid when an account has been deactivated.
Article 13 Subscriptions
1. The subscription plan to our Services consists of an initial charge and then followed by recurring period charges as agreed to when choosing the length of the subscription plan. By entering into this Agreement, Client acknowledges that this subscription has an initial and recurring payment feature and that Client accepts responsibility for all recurring charges prior to cancellation. As such, periodic charges (e.g., monthly) may be submitted without further authorization from Client, until Client cancels his or her subscritption. To cancel the subscription, Client must log in to respective account and make changes through the ‘My Account’ section in the user menu.
2. Auto-renewal. Following Client’s initial subscription period Client’s subscription will be automatically renewed. If Client cancels during the initial period, the subscription will be ended at the end of the respective subscription period and the Client’s account won’t be accessible anymore. The Client will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
3. Unsubscription. In case of a monthly subscription, Client can unsubscribe at any time before the end of the monthly subscription period. After unsubscription, subscription will continue through the month which has been paid and will then be ended.
In case of a 6 or 12 month subscription, client can unsubscribe as of the last month of the subscription. After unsubscription, subscription will continue until the end of subscription period.
InburgeringOnline.nl reserves the right at its absolute discretion not to renew a subscription at any time without giving any reasons for our decision.
Article 14 Miscellaneous
Inburgering Online is in not a public or governmental organization nor is it related to one of both and cannot be held responsible for the Clients’ performance on the Inburgering exam.
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They have done a wonderful job in covering end to end.
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