Article 1 General
1.1 These terms and conditions apply to all training registrations and all orders and agreements made with Where Art meets Health (hereinafter referred to as WAmH) and all legal relationships arising therefrom.
1.2 Deviations from these terms and conditions must be expressly agreed in writing. Any (general) terms and conditions of the client will only be accepted by WAmH if they have been agreed to by WAmH in writing.
1.3 WAmH is entitled to terminate an order with immediate effect or to cancel a training course if the client is in arrears with its obligations, or if a petition for bankruptcy or suspension of payments is filed against the client, or if the client goes into liquidation or ceases its business activities.
1.4 WAmH may amend these Terms and Conditions at any time. Such amendment shall take effect fourteen days after the date on which the amended terms are sent to the client. If the client objects to the proposed amendment in writing within this fourteen day period, the original terms and conditions shall continue to apply to the client.
1.5 A contract is concluded as soon as WAmH has received a confirmation from the client based on an order. The confirmation can be in writing or by e-mail.
1.6 For all training courses, the contract is concluded when the registration form is sent to WAmH in writing or by e-mail/online and the terms and conditions are visibly accepted.
1.7 Registration for training courses is only guaranteed after payment of the fee.
Article 2 Offers and Quotations
2.1 If no period of validity is indicated in the quotation of WAmH, it shall be thirty days.
2.2 Quotations are based on the information provided by the client.
2.3 The recipient of the offer may only use the knowledge and experience of WAmH contained in the offer to form an opinion on it and may not make it available to third parties. This also applies to orders for research proposals.
2.4 Private individuals are entitled to 14 days to think about and consider the offer.
Article 3 Execution of the assignment
3.1 The client shall cooperate fully in the execution of the commission and shall provide WAmH with the information, materials and facilities required for this purpose. The client shall be responsible for the safety of the (employees of) WAmH who are present at the client's company or institution or, at the client's request, at another location.
3.2 The duration of the assignment may be influenced by the extent of the client's cooperation.
3.3 WAmH shall carry out the work to be performed to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
3.4 The activities of WAmH may include education (e.g. offering courses, training, master classes, lectures and workshops and developing customized educational programs), (supervision of) research (e.g. data collection, analysis, reporting), coaching sessions, supervision of teams.
3.5 The client shall provide a suitable room for the training, consultation or lecture as agreed, including the appropriate technical equipment and presentation technology and sound amplification. At the trainer's request, the client will provide additional resources as specified in the quote. In the case of online training, WAmH will provide all training facilities.
Article 4 Third party services
4.1 In consultation with and with the consent of the Client, WAmH can call upon external trainers/consultants/actors from its own network, wholly or partially under the final responsibility of WAmH.
Article 5 Fees and payments
5.1 A fee is due for the work of WAmH on the basis of the half-day and/or product rate described in the order confirmation. A half-day is defined as an afternoon, morning or evening. All rates are quoted in Euros and are exclusive of VAT and travel expenses.
5.2 Unless otherwise stated, the fee is exclusive of any accommodation costs (training room, resources and/or accommodation costs) and includes curriculum (if applicable) and administration costs, unless otherwise stated in the quotation.
5.3 WAmH reserves the right to change the fees from time to time. WAmH will not do this during an ongoing assignment. In the event of an extension of the assignment with the same client, a fee increase may be implemented on the basis of a new contract and by mutual agreement.
5.4 Unless otherwise agreed in writing, WAmH's invoices are to be paid within 21 days of the invoice date.
5.5 WAmH may offer services that are invoiced in advance, such as participation in training, workshops, lectures.
5.6 If a participant (client) has paid the fees in advance and WAmH is unable to provide the service due to force majeure such as illness of the performer, due to a catastrophe or due to a government measure, WAmH will offer an alternative date, the service will be provided online or the amount already paid can be used for another training or service provided by WAmH.
5.7 If a participant (client) has paid the fees in advance and WAmH is unable to provide the service due to a lack of participants for the training, the participant has the choice of attending an alternative date or having the amount already paid refunded by WAmH. The participant will be notified at least 2 weeks prior to the start of the course. Course fees will be refunded within 2 weeks of the scheduled start of the course. Other expenses such as travel or accommodation will not be refunded. WAmH is not liable for any loss, including loss of sales, income or other (economic) damage, if a training course or service has to be canceled due to an insufficient number of participants.
5.8 If a participant stops attending during a training course, no refund of course fees is possible. However, it is sometimes possible to make up (part of) the program at a later date, but no rights can be derived from this.
5.9 If a participant (client) has registered for a training course and due to illness or personal circumstances, including colds and complaints that make you unable to participate in the training course due to risk of infection, no refund will be made. However, someone else may attend the training provided they meet the eligibility requirements.
5.10 In the event of late payment, the client shall be in default by operation of law, even without notice of default, and shall owe - without prejudice to the legal consequences of non-performance - interest on arrears of 1% per month, including any part of a month, from the due date. WAmH is entitled to charge extrajudicial collection costs in the amount of 15% of the principal amount, with a minimum of € 150, after written reminder, without prejudice to the right to claim the full collection costs.
5.11 WAmH is at all times entitled to demand that the Client provide adequate security for the fulfillment of his obligations to WAmH before (further) performance.
Article 6 Modification or Cancellation of the Assignment
6.1 Should the parties agree to change the approach, method or scope of the assignment, this may affect the agreed time schedule or approach. Only changes agreed upon in writing are binding for the parties.
6.2 Should an interim change or delay affect the agreed delivery time, or provision of services, WAmH shall notify the client in writing as soon as possible.
6.3 Any order placed with WAmH may be cancelled in writing by letter or email. The cancellation date is the date of the postmark or mail.
6.4 The following arrangements apply in the event of cancellation:
- Cancellations should be made as soon as possible by email (mail@ingridpenzes.com). An administration fee of 50 Euro will be charged for all cancellations. Cancellations received up to 4 weeks prior to the start of the program will receive a full refund (minus the administration fee). Refunds will be issued within 2 weeks. After that, no refund will be made, but it is possible - with the prior approval of WAmH - to send someone else in your place, provided that this person meets the requirements for participation.
- If a participant (client) has registered for a course and is unable to attend due to illness or personal circumstances, no refund or only a partial refund will be made within the cancellation period. Illness includes colds, ailments, home quarantine preventing participation in the training due to risk of infection in a pandemic.
- In case of serious personal circumstances of the client (illness, death), WAmH may try to arrange another date out of courtesy. Unfortunately, this is often not possible at very short notice. The client cannot derive any rights from this courtesy.
Article 7 Intellectual Property, Confidentiality and Data Protection
7.1 Unless otherwise agreed, all intellectual property rights which may be claimed in respect of the models, study materials, methods, techniques and instruments used by WAmH shall remain the permanent property of WAmH.
7.2 Without the express prior written consent of WAmH, it is not permitted to use or adapt in any way whatsoever the works published or made available by WAmH within the framework of the execution of an order for a purpose other than that specified within the framework of the order.
7.3 The client is not allowed to remove or change the name of WAmH or the name of another copyright holder in the provided works.
7.4 Client and participant data will not be disclosed, rented or sold to third parties.
7.5 Data of training participants (clients) may be included in a list of participants for the purpose of that specific training. The registration form provides an opportunity to indicate that the participant (client) does not wish this to happen.
7.6 WAmH undertakes to keep confidential all confidential information received from the client in connection with the contract. Information shall be considered confidential if the other party has indicated this or if it is obvious from the nature of the information.
7.7 WAmH shall require any third party engaged by WAmH to sign a non-disclosure agreement in which the third party also undertakes to maintain confidentiality as described in Clause 7.6.
7.8 WAmH shall remind participants (clients) of the confidentiality of everything that comes to the knowledge of other participants. By registering and accepting the General Terms and Conditions, participants (clients) undertake to maintain confidentiality.
Article 8 Liability and complaints
8.1 Except in cases of intent or gross negligence, WAmH is not liable for any damage that the client or a third party may suffer as a result of an act or omission in connection with the execution of the order.
8.2 WAmH's total liability per event or series of events shall never exceed the amount owed by the client to WAmH for the performance of the contract. Liability for any form of consequential loss, including loss of profit or trading loss, is expressly excluded.
8.3 The client must report any damage to WAmH in writing as soon as possible, but no later than thirty days after it occurs or becomes known. Damages not reported within this period shall not be subject to compensation. In any case, all legal claims against WAmH shall become statute-barred one year after the due date of the relevant contractual obligation or the occurrence of the damage-causing event.
8.4 The client shall indemnify WAmH and the persons working for WAmH against any liability to third parties in connection with the use of information or materials provided by the client to WAmH.
8.5 Complaints must be made within eight days of the date on which the complaint arose or was discovered, failing which they shall no longer be considered and the client shall be deemed to have approved the execution of the contract.
8.6 Complaints shall be treated confidentially and shall be confirmed in writing by WAmH within eight days of receipt. The complaint will be kept for the duration of the complaint and for two years thereafter.
8.7 Within 14 days the complaint will be dealt with and the client will receive a reply from WAmH.
8.8 If a complaint is justified, WAmH will still carry out or repair the work or meet with the client, unless this has become demonstrably pointless for the client. The client must inform WAmH of this in writing.
8.9 If the client and WAmH cannot agree on the handling of the complaint or the proposed solution, the complaint will be assessed by an external mediator. The opinion of the mediator is binding.
Article 9 Failure to perform
9.1 In the event that WAmH is prevented from performing a contract (e.g. a training course) at a fixed agreed time due to serious force majeure (e.g. illness of the performer), disaster, government action or other unforeseen circumstances, WAmH may, at its discretion, suspend performance for the duration of the hindrance or terminate the contract without being liable for any compensation (e.g. accommodation costs).
9.2 In the event of serious force majeure and the inability to provide a service at a fixed agreed time, WAmH will always make every effort to make arrangements with the client to postpone, transfer information or engage a substitute.
9.3 Force majeure shall also include the non-performance, whether attributable or not, of third parties engaged by WAmH.
9.4 The Client is entitled to dissolve the contract if a service is not provided at a previously agreed time.
9.5 In the case of training courses, WAmH may specify a minimum number of participants. If there are too few participants, WAmH is entitled to cancel the training. The client will be informed and any fees paid will be refunded within 30 days.
9.6 In the event of non-fulfillment of the order, prepaid training or services will be refunded within 30 days at the discretion of the client or, if the training or service is rescheduled, will be reserved by mutual agreement for later performance of the order. An alternative offered online shall be deemed full performance of the order and shall not be grounds for a refund.
9.7 If a training or service is not physically possible or is not allowed due to governmental measures, WAmH may offer this activity or service online or postpone it to a later date; this is considered a reasonable alternative and is not a reason for cancellation. WAmH is under no obligation to offer an online alternative and will always balance the interests of all the various participants and clients of WAmH.
Article 10 Various provisions
10.1 Should one or more provisions of these order conditions prove to be wholly or partly void, the other provisions will remain in full force and the void provisions will be replaced by legally valid provisions which approach the intention of the parties as much as possible.
10.2 WAmH is entitled to transfer its rights and obligations under the order conditions and the contract to a legal entity affiliated with it, in which case it shall inform the other party in good time.
10.3 The legal relationships arising from the order conditions and the contract(s) concluded with the client are governed exclusively by Dutch law.
Roermond, The Netherlands February 2024
Where Art meets Health
Kruisbroedersweg 14, 6041 PM Roermond
+31654338100