TERMS AND CONDITIONS

Below you will find the general terms and conditions for Essenburgh Research & Consultancy, for our open courses and our custom courses, consultancy and research services etc. Essenburgh Research & Consultancy is the trade name for Vormingscentrum de Essenburgh B.V., with its registered office in Hierden and registered in the Commercial Register under number 41035087. Is there anything you would like us to clarify for you? Feel free to contact us at: +31 (0) 341-217101.

OPEN COURSES

Terms and conditions for our open registration courses.

Article 1. Definitions 
Article 2. Applicability of the conditions
Article 3. Registration
Article 4. Cancellation by the participant
Article 5. Cancellation by Essenburgh Research & Consultancy
Article 6. Suspension, dissolution, and termination
Article 7. Fees
Article 8. Payment
Article 9. Intellectual property 
Article 10. Liability 
Article 11. Applicable law 
Article 12. Complaints procedure

Article 1. Definitions

  1. Under these terms and conditions, a ‘course’ is any open course, masterclass, lecture, congress, conference, seminar etc. organized by Essenburgh Research & Consultancy
  2. Under these terms and conditions, a ‘participant’ is a natural person who will take part in a course based on an agreement between the participant and Essenburgh Research & Consultancy.
  3. In these terms and conditions, a ‘client’ is any natural or legal person who has entered into an agreement with Essenburgh Research & Consultancy according to which a participant has the right to participate in a course.

Article 2. Applicability of the conditions

  1. These terms and conditions apply to all agreements with Essenburgh Research & Consultancy in relation to the participation of or commission to organize courses and other forms of education, or consultancy and research in the broadest sense of the word, hereinafter referred to as ‘courses’.
  2. Deviations from these terms and conditions are only binding if and insofar these have been confirmed by Essenburgh Research & Consultancy in writing.
  3. The client’s general purchase conditions will not apply, unless Essenburgh Research & Consultancy has accepted these in writing.

Article 3. Registration

  1. Registration for a course is done via the registration form, via the website, by post or by a written confirmation by Essenburgh Research & Consultancy to the participant/ client. By registering, the participant confirms he has knowledge of and agrees to the registration and payment conditions on the Essenburgh Research & Consultancy website or in the Essenburgh Research & Consultancy brochures. These terms and conditions and explanations on the Essenburgh Research & Consultancy website or in the brochure comprise the entire agreement. Changes and/or additions can only be done in writing. Registrations will be accepted by Essenburgh Research & Consultancy after Essenburgh Research & Consultancy has confirmed either digitally or in writing. The confirmation mentioned is deemed proof of registration.
  2. Whether the confirmation is received or not does not affect the obligations of the participant and client as mentioned in this article.
  3. If because of circumstances, such as the nature, size or urgency of the assignment, no confirmation was sent, the invoice will be considered as a confirmation.

Article 4. Cancellation by the participant

  1. Cancellation of registration before commencement of the course program must be done by registered mail. The course program will start during the intake. If the notification is received up to 7 weeks before the course program, the participant must pay a cancellation fee of € 125. If the cancellation notification is received 6 weeks before the start of the course program, the participant must pay 50% of the course fee. Within five weeks before the start of the course program, the participant must pay 100% of the total course fee. The participant does not have any right to a refund if he cancels after the course program has already started. If the participant is a private individual who is paying for the course themselves, he has the right to change his mind within 14 working days after registration and can cancel his participation in the course without statement of reasons.
  2. The client or the participant that has been selected by the client can have another person participate in the registered participant's place if Essenburgh Research & Consultancy is notified of this replacement in writing before the start of the course. Replacement after the course has started is not allowed.

Article 5. Cancellation by Essenburgh Research & Consultancy 

  1. Essenburgh Research & Consultancy has the right to cancel a course or exclude an individual participant or a participant selected by a client from the course without statement of reasons, in which case the client is entitled to a full refund of the payment made to Essenburgh Research & Consultancy. Essenburgh Research & Consultancy also has the right to refuse a participant further participation in the course during the course without statement of reasons. In that case, the client is not entitled to a refund of the payment made. Essenburgh Research & Consultancy delivers what is stated on the website under the course information upon registration. For qualitative improvement, Essenburgh Research & Consultancy retains the right to interim amendments of its course programs.

Article 6. Suspension, dissolution, and termination

  1. Essenburgh Research & Consultancy has the right to refuse participation of an individual participant or a participant selected by a client or suspend the execution of an assignment if the participant/ client has not adhered to his payment obligations within the allotted time frame.

Article 7. Fees

  1. The fees of a course are stated on the Essenburgh Research & Consultancy website and in the digital Essenburgh Research & Consultancy brochures. Stated fees are in euros and are exempt from VAT. These fees are binding unless agreed otherwise in a written agreement that has been confirmed by Essenburgh Research & Consultancy. Essenburgh Research & Consultancy has the right to amend fees at any time. However, once a course has been confirmed, the fee that was stated upon confirmation will apply. All fees are subject to printing and typographical errors.

Article 8. Payment

  1. The fee can be covered by the participant themselves or by their employer. The payment method must be indicated on the registration form. Payment must be completed before or on the expiry date stated on the invoice. If the payment is not made on time, the participant/client owes a default interest of 3% a month starting on the expiry date. If collection of the fee has to be assigned to third parties, all collection costs, both in and out of court, must be paid by the client/participant. The payment obligation of the participant is accepted by their employer from the moment the registration form is fully filled out and signed by the employer and is received by Essenburgh Research & Consultancy. If the company or institution is in default of payment or declares it is no longer willing to pay, the payment obligation will be automatically transferred to the participant.  

Article 9. Intellectual property

  1. Essenburgh Research & Consultancy owns the copyright on the teaching materials it provides and compiles (except books that are on the market). Nothing from these copies may be reproduced and/or made public without written consent from Essenburgh Research & Consultancy. Models, techniques and instruments, including software, that are used to execute the assignment and are included in the quote or end result, are and will remain property of Essenburgh Research & Consultancy.

Article 10. Liability

  1. Essenburgh Research & Consultancy will endeavor to execute the courses to the best of its knowledge and ability. The contractor thereby ensures good quality of the execution of the activities. Essenburgh Research & Consultancy undertakes execution of the courses to the best of their insight and ability. If the course is executed by a third party on behalf of Essenburgh Research & Consultancy, Essenburgh Research & Consultancy only accepts liability for the acts and/or omissions of the third party during the course itself. Any liability for Essenburgh Research & Consultancy is limited per incident to the amount that the client/participant owes Essenburgh Research & Consultancy, in which case a series of connected incidents will be regarded as one incident. Any claims by the client must be submitted within one year after discovery of the damage, in the absence of which all their rights and claims in that regard shall lapse. Essenburgh Research & Consultancy does not accept liability for damage caused by any act or negligence on the basis of obtained information, unless this damage is caused by intent or gross negligence on the part of Essenburgh Research & Consultancy. Essenburgh Research & Consultancy is never liable for indirect damage, including loss of profit and damage due to company stagnation.

Article 11. Applicable law

  1. Dutch law is applicable to all agreements. Disputes arising from agreements to which these terms and conditions apply, will always be submitted to the competent court in the place where Essenburgh Research & Consultancy has their registered office.

Article 12. Complaints procedure

  1. Essenburgh Research & Consultancy makes the utmost effort to guarantee the quality of their courses. If the client/participant has comments about the quality, they must contact Essenburgh Research & Consultancy via e-mail at info@essenburgh.nl for the attention of Essenburgh Research & Consultancy, Quality, Zuiderzeestraatweg 199, 3843 AE Hierden.
  2. Client/participant is obliged to report complaints about the executed services to Essenburgh Research & Consultancy within 8 days of delivery. The complaint must be described in as much detail as possible, so Essenburgh Research & Consultancy can respond adequately. In case of lack of a timely complaint, the participant/client is deemed to have agreed to the delivered and relinquished all rights and claims that the client has based on the law and/or their agreement.
  3. Filing a complaint does not affect the payment obligation.

CUSTOM COURSES, CONSULTANCY & RESEARCH

Below you will find our general terms and conditions for our custom courses, consultancy, and research services. Is there anything you would like us to clarify for you? Feel free to contact us at: +31 (0) 341-217101.

Article 1. Definitions
Article 2. Applicability of the conditions 
Article 3. Formation of the assignment
Article 4. Execution of the agreement
Article 5. Force majeure
Article 6. Amendment of the agreement
Article 7. Information provision by client
Article 8. Replacement
Article 9. Fees
Article 10. Payment 
Article 11. Suspension and dissolution
Article 12. Copyright
Article 13. Intellectual property
Article 14. Transfer of staff
Article 15. Transferal of rights
Article 16. Liability
Article 17. Applicable law and applicable court
Article 18. Complaints procedure

Article 1. Definitions

  1. In these terms and conditions, a ‘client’ is any natural or legal person who has entered into an agreement with Essenburgh Research & Consultancy.

Article 2. Applicability of the conditions

  1. These conditions apply to all offers and quotes from Essenburgh Research & Consultancy, as well as all agreements between Essenburgh Research & Consultancy and clients in relation to the handling of internal company projects and/or participation in these projects, or consultancy and research in the broadest sense of the term, hereinafter referred to as ‘assignment’.
  2. Deviations from these conditions are only binding if and when they have been confirmed in writing by Essenburgh Research & Consultancy.
  3. The client’s general purchase conditions do not apply unless they have been accepted by Essenburgh Research & Consultancy in writing.

Article 3. Formation of the assignment

  1. All offers and quotes by Essenburgh Research & Consultancy are non-binding. The agreement between Essenburgh Research & Consultancy and the client is formed by (1) the client signing the quote, (2) by signing the client’s written confirmation or (3) when Essenburgh Research & Consultancy confirms a registration by phone or assignment by the client in writing.
  2. In case an assignment is given to more than one person, each of them is personally liable for the amounts that are owed to the service provider in relation to that assignment.
  3. If an assignment is directly or indirectly executed by a natural person on behalf of a legal person, this natural person can also be a private client. In that case, the natural person is considered the (co) policy maker of the legal person. In case of default of payment by the legal person, the natural person is personally liable for the payment of that declaration, whether or not it is done on behalf of the legal person or on behalf of the client as a natural person or both and whether or not at the client’s request.
  4. The agreement between the client and Essenburgh Research & Consultancy will be entered into for an unlimited period of time, unless the nature of the agreement requires a set time period or the parties have explicitly agreed otherwise in writing.
  5. If the parties agree to the completion of certain activities within the duration of the agreement, this is never a deadline. If the duration is breached, the client needs to inform Essenburgh Research & Consultancy of default in writing.
  6. If an offer or quote is accompanied by (budget) plans, catalogs or other documents, these will remain the property of Essenburgh Research & Consultancy at all times and must be returned at the first request. They may never be reproduced or recreated in any way, passed on to third parties or given to others for consultation without Essenburgh Research & Consultancy’s prior written consent.

Article 4. Execution of the agreement

  1. Essenburgh Research & Consultancy will execute the agreement to the best of their insights and abilities and in accordance with best professional practice.
  2. Essenburgh Research & Consultancy has the right to have the activities executed by third parties.
  3. The execution will be done by mutual consultation and after written agreement and payment of any prepayment, if one has been agreed upon.
  4. It is the responsibility of the client that Essenburgh Research & Consultancy can start with the execution of the agreement on time.

Article 5. Force majeure

  1. In addition to what is stated in article 6:75 Burgerlijk Wetboek (Dutch Civil Code), a failure on the part of Essenburgh Research & Consultancy in the fulfillment of any obligations towards the client cannot be attributed to the service provider in case of a circumstance out of the hands of the service provider, which causes the fulfillment of the obligations towards the client to be hindered partially or in full, under which it cannot be reasonably expected that the service provider fulfills all his obligations. Non-performance by suppliers or other third parties, power outages, computer viruses, strikes, bad weather conditions and work interruptions are some of the circumstances considered to be out of the hands of the service provider.
  2. If a situation as described above occurs and Essenburgh Research & Consultancy cannot meet its obligations towards the client as a result, the obligations are delayed for as long as Essenburgh Research & Consultancy cannot meet its obligations. If the situation described has lasted for 30 calendar days, the parties have the right to dissolve the agreement partially or in full.
  3. Essenburgh Research & Consultancy is not liable to compensate any damage in case of a situation like the ones mentioned in the second paragraph of this article, not even if the service provider benefits from the force majeure.

Article 6. Amendment of the agreement

  1. The client has the right to cancel the assignment by registered mail.
    • Cancellation or amendments by the client can be done free of charge up to 12 weeks before the start of the assignment.
    • In case of cancellation or amendments up to 8 weeks before the start of the assignment, the client is obliged to pay 50% of the amount quoted in the offer.
    • In case of cancellation up to 4 weeks before the start of the assignment, the client must pay 100% of the amount quoted in the offer. The cancellation costs are calculated when the assignment is meant to start.
  2. If, during the execution of the agreement, it turns out that to properly execute the agreement, it is necessary to amend or add to the activities, the parties will amend the agreement on time and in mutual agreement.
  3. If the parties agree that the agreement must be amended or additions must be made, this can influence the time of completion. Essenburgh Research & Consultancy will inform the client of this as soon as possible.
  4. If the amendment of or addition to the agreement has financial and/or qualitative consequences, Essenburgh Research & Consultancy will inform the client of this as soon as possible.
  5. If the parties have agreed to a fixed fee, Essenburgh Research & Consultancy will indicate to what extent the amendment affects the fee.

Article 7. Information provision by client

  1. The client will provide all information to Essenburgh Research & Consultancy that is necessary for the execution of the assignment.
  2. The client is obliged to providing any information and documents that Essenburgh Research & Consultancy might need to correctly execute the agreement at Essenburgh Research & Consultancy’s on time, in the desired form and in the desired way.
  3. The client guarantees the correctness, completeness and reliability of the information and documents put at the disposal of Essenburgh Research & Consultancy, even if these come from third parties, unless the nature of the assignment indicates otherwise.
  4. The client indemnifies Essenburgh Research & Consultancy of any damage in whatever form that arises from not adhering to the first paragraph of this article.
  5. If the client so requests, Essenburgh Research & Consultancy will return the relevant documents.
  6. If the client does not put the desired information and documents at their disposal, or not on time or not properly, and if the assignment is delayed because of that, any extra costs and extra fees that arise from that will be covered by the client.

Article 8. Replacement

  1. The client, or the participant appointed by the client, can have another participant participate in the project after mutual agreement, if this has been communicated with Essenburgh Research & Consultancy before the start of the project.

Article 9. Fees

  1. The fees mentioned in offers, quotes and invoices are VAT exempt, unless expressly stated otherwise.
  2. Fees are in euros, unless presented in another currency.
  3. The prices of goods and services are based on the known cost price at that point in time. Any increases that couldn’t have been foreseen at the time the offer was made or the agreement was concluded, can lead to price increases.
  4. The parties can agree to a fixed price in relation to the service provision when the agreement is concluded.
  5. If no fixed price is agreed upon, the fee in relation to the service provision can be determined on the basis of the actual hours spent on the assignment. The fee will be calculated according to Essenburgh Research & Consultancy’s usual hourly rates, which apply for the duration of the activities, unless another hourly rate has been agreed upon.
  6. If no fee is agreed upon on the basis of the actual hours spent, a guide price will be agreed upon for the service provision. Essenburgh Research & Consultancy has the right to deviate from this by 10%. If it looks like the actual amount will be more than 10% higher than the guide price, Essenburgh Research & Consultancy will inform the client on time and let them know why a higher price is justified. The client has the right to cancel the part of the assignment that will lead to a price increase of over 10% in that case.
  7. When the agreement is entered into, the agreed prices and hourly rates are based on the price levels at that moment. Essenburgh Research & Consultancy has the right to amend the prices.
  8. Amended prices, fees and hourly rates will be communicated to the client as soon as possible.

Article 10. Payment

  1. Essenburgh Research & Consultancy will send the client an invoice for the payment that is due. Payment must be done by transferring to the bank account on the invoice within 14 days, without delays or settlement because of (assumed) default by Essenburgh Research & Consultancy. If the client does not pay within the agreed term, he is in default without notice. From the expiration date, Essenburgh Research & Consultancy has the right to charge the legal commercial interest. If no timely payment is made, Essenburgh Research & Consultancy has the right to suspend the execution of the agreement immediately. The client is obliged to cover any made legal and extra-legal collection costs, including the cost of collection agencies, and actual costs incurred and the salaries of bailiffs and attorneys in case of untimely payment. The extralegal collection fees are at least 15% of the amount owed by the client, with a minimum of €110.
  2. In the event of liquidation, bankruptcy, attachment or suspension of payment by the client, the outstanding receivables will immediately become payable.
  3. If the client refuses to cooperate with Essenburgh Research & Consultancy’s execution of the assignment, he is still obliged to pay the agreed upon price to the service provider.

Article 11. Suspension and dissolution

  1. Essenburgh Research & Consultancy has the right to refuse the participation in a project of the client or a participant chosen by the client or to suspend the assignment or dissolve the agreement, if the client has not met his payment obligation on time, without prejudice to article 10.
  2. The client foregoes the right to suspend any commitment arising from this agreement.

Article 12. Copyright

  1. Essenburgh Research & Consultancy has the copyright of any brochures, designs, images, drawing, sketches, teaching materials, quotes and project materials published by Essenburgh Research & Consultancy unless explicitly stated otherwise. No material shall be published and/or reproduced in any way without the explicit written consent of Essenburgh Research & Consultancy.
  2. Essenburgh Research & Consultancy also owns the copyright to reports, proposals and other documents arising from Essenburgh Research & Consultancy’s activities unless explicitly agreed otherwise in writing.

Article 13. Intellectual property

  1. Unless the parties have agreed otherwise in writing, Essenburgh Research & Consultancy retains all absolute intellectual rights (including copyright, patent rights, trademark rights and image and design etc.) of all designs, drawings, writings, carriers of data or other information, quotes, images, sketches, models, scale models etc.
  2. The mentioned absolute intellectual property rights may not be copied, showed to third parties and/or given to others for consultation or used in any other way without prior written consent from Essenburgh Research & Consultancy.
  3. The client is required not to disclose any confidential information put at their disposal by Essenburgh Research & Consultancy. Confidential information shall in any case include that to which this article applies as well as company information. The client is obliged to impose a duty of confidentiality comparable to this clause on their staff and/or third parties in writing.

Article 14. Transfer of staff 

  1. The client will not hire the service provider's staff (or the staff of companies that the service provider has used to execute the agreement or that are or were involved in the execution of the agreement). They will not have the client's staff work for them directly or indirectly. This ban is in place for the duration of the agreement and until one year after the agreement has ended. There is one exception to this ban: parties can agree otherwise in writing.

Article 15. Transfer of rights

  1. The rights of a party to this agreement cannot be transferred to others without the prior written consent of the other party. This clause applies as a clause with property law consequences as intended in article 3:83, second paragraph Burgerlijk Wetboek (Dutch Civil Code).

Article 16. Liability

  1. Essenburgh Research & Consultancy will make an effort to execute the assignment according to their best insight and abilities.
  2. Essenburgh Research & Consultancy will not accept any liability towards the client for any damage besides what their liability insurance will cover and what their insurer will pay out in such a case.
  3. Except in the cases mentioned in paragraph 2, liability is limited to the amount that has been charged for the damage causing performance, or if it is in relation to a continuing performance agreement, to the invoice amount over a period of 6 (six) months. In no case will the compensation exceed €5.000,-.
  4. Essenburgh Research & Consultancy will never be liable for damage caused by:
    • any default by the client in meeting their obligations, including sufficient cooperation in the execution of the agreement.
    • information provided by the client that was incorrect and/or incomplete and/or not on time. The client guarantees the correctness and completeness of the information essential to the project.
  5. Essenburgh Research & Consultancy is never liable for indirect damage, including consequential damage, loss of profit and damage due to company stagnation.
  6. Essenburgh Research & Consultancy will not be held liable if the client has the possibility of having it covered by either their insurer or by a third party.

Article 17. Applicable law and applicable court

  1. Dutch law applies to every agreement between Essenburgh Research & Consultancy and a client. Disputes arising from these agreements to which these terms and conditions apply shall be submitted to the competent court in the place where Essenburgh Research & Consultancy has their registered office.

Article 18. Complaints procedure

  1. Essenburgh Research & Consultancy will put in the utmost effort to guarantee the quality of its service provision. If the client/participant has remarks relating to the quality, they can contactEssenburgh Research & Consultancy via e-mail at info@essenburgh.nl for the attention of  Essenburgh Research & Consultancy, Quality, Zuiderzeestraatweg 199, Hierden 1411 AW Hierden.
  2. The client is obliged to inform Essenburgh Research & Consultancy of any complaints within 8 days of delivery in writing. The complaint should be described as detailed as possible. If they do not, the client is considered to have agreed to what has been delivered and to relinquish all rights and competencies that the client has based on the law and/or this agreement.
  3. A complaint can never lead to Essenburgh Research & Consultancy having to perform other activities than the ones that were agreed upon.
  4. Filing a complaint does not affect the payment obligation.