Terms and Conditions

Article 1 - Definitions

 

1.1 In these general terms and conditions, the following terms are used:

 

• allLearners: the company that carries out the assignment/offers training programs to organizations and individuals, located at Wilhelminastraat 42, 6131 KR, Sittard, the Netherlands, hereinafter referred to as "we," "us," or "allLearners."
• Customer: the organization or individual using the services of allLearners, hereinafter referred to as "you" or "the customer."
• Training: a multi-day training program offered by allLearners, both on-site and online.
• Digital Learning Environment: the online environment in which allLearners' training and reference materials are provided.
• Education Transition: the process in which a school transforms its educational practices with the help of allLearners' training and support.

 

Article 2 - Applicability

 

2.1 These general terms and conditions apply to all offers, agreements, and deliveries of allLearners.

2.2 Deviations from these conditions are only valid if expressly agreed upon in writing between allLearners and the customer.

 

Article 3 - Offers and Agreements

 

3.1 All offers from allLearners are non-binding and valid for the period stated in the offer.

 

3.2 An agreement between allLearners and the customer is concluded when the customer accepts the quotation or offer from allLearners, either in writing or via electronic communication.

 

3.3 Changes or additions to the agreement are only valid if agreed upon in writing between allLearners and the customer.

 

Article 4 - Execution of an Assignment

 

4.1 allLearners will carry out the assignment to the best of its knowledge and ability, with due care and professionalism.

 

4.2 The customer shall provide all reasonable cooperation necessary for the proper execution of the assignment.

 

4.3 The customer is responsible for timely and accurate provision of all necessary information to allLearners that is relevant to the execution of the assignment.

 

4.4 Travel Expenses and Additional Reimbursements

In cases where training or services are provided on location, outside the base location of allLearners, travel expenses will be charged to the client. For transportation, a mileage allowance of €0.35 per kilometer applies, or the cost of a first-class public transport ticket, with allLearners choosing between private or public transportation. Additionally, expenses such as airfare, airport transfers, hotel accommodations, tolls, parking fees, meals, and other travel-related costs will also be charged to the client, unless otherwise agreed.

 

Article 5 - Delivery of the Digital Learning Environment and Online Support

 

5.1 allLearners shall provide the customer, if agreed upon in the mutually signed quotation, with access to the digital learning environment and online support during the term of the agreement.

 

5.2 allLearners endeavors to make the digital learning environment and online support available in a proper manner. However, allLearners cannot guarantee uninterrupted or error-free availability of the digital learning environment at all times.

 

Article 6 - Payment

 

6.1 The prices for the assignment, trainings, digital learning environment, and online support are stated in the quotation or offer from allLearners and are exclusive of VAT and any other applicable taxes or levies, unless otherwise stated.

 

6.2 Trainings delivered by allLearners within the Netherlands comply with the legal conditions for VAT exemption.

 

6.3 For trainings delivered outside the Netherlands, allLearners will apply reverse-charge taxation to the customer in accordance with the applicable laws and regulations. In this case, allLearners will indicate on the invoice that the tax is being shifted to the customer, and the customer will be responsible for remitting the tax to the relevant tax authorities in the respective country.

 

6.4 allLearners will invoice the customer an initial installment of 50% of the agreed price upon signing the quotation.

 

6.5 Unless otherwise agreed in the quotation or contract, the remaining 50% of the agreed price will be invoiced halfway through the execution of the assignment.

 

6.6 Payment of the invoices must be made within 30 days of the invoice date, unless otherwise agreed upon in writing.

 

6.7 In case of late payment, the customer shall be in default by operation of law and shall owe interest of 1% per month on the outstanding amount, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply.

 

6.8 If the customer fails to pay the invoice within the agreed payment term, allLearners is entitled to suspend the execution of the assignment or training until full payment has been received.

 

6.9 In the event of non-payment, allLearners reserves the right to recover all costs incurred in connection with the collection of the outstanding amount, including extrajudicial collection costs and legal fees.

 

Article 7 - Intellectual Property Rights

 

7.1 All intellectual property rights relating to the materials, content, and deliverables provided by allLearners in connection with the assignment or training remain the property of allLearners or its licensors.

 

7.2 The customer is granted a non-exclusive, non-transferable right to use the materials, content, and deliverables solely for the purpose of the assignment or training, and to allow the staff of the specific school location to use these resources in their educational activities.

 

7.3 The customer shall not reproduce, modify, distribute, or disclose the materials, content, and deliverables provided by allLearners to any third party without prior written consent.

 

Article 8 - Liability

8.1 allLearners is liable only for direct damages suffered by the client as a direct result of willful misconduct or gross negligence on the part of allLearners in the execution of the assignment or provision of services. Liability for indirect damages, including consequential damages, is expressly excluded.

 

8.2 The liability of allLearners, in any event, shall be limited to no more than half of the total amount paid under the agreement by the customer.

 

8.3 The customer shall indemnify allLearners against any claims from third parties related to the assignment, training, or use of the materials, content, or deliverables.

 

8.4 The terms of this liability will remain in effect for the duration of the agreement and will survive the termination or expiration of the agreement.

 

8.5 This limitation of liability is intended to apply to the fullest extent permitted by law and shall be enforceable regardless of any alleged or actual fault or negligence by allLearners.

Article 9 - Dependence on Results and Own Effort

9.1 allLearners will endeavor to the best of its ability to guide and support the customer's team throughout the process, aiming to achieve the desired results. However, the success of the assignment depends on the active participation, involvement, and efforts of the customer and their team members.

 

9.2 The customer acknowledges that achieving the desired results largely depends on their own involvement, adherence to guidelines, and the commitment of their team. allLearners cannot guarantee the final outcome, as it is also dependent on the effective participation of the customer and their team members.

 

9.3 allLearners cannot be held responsible for any shortcomings or consequences resulting from the lack of full cooperation or insufficient commitment of the customer or their team members. The customer agrees that allLearners, its employees, representatives, and affiliated parties cannot be held liable for any form of damage, loss, costs, or claims arising from not achieving the desired results, regardless of the cause.

Article 10 - Force Majeure

 

10.1 In the event of force majeure, which is defined as any circumstance beyond the control of the parties that wholly or partially prevents the execution of the agreement, the parties are entitled to suspend the execution of the agreement or to dissolve the agreement in whole or in part, without being liable to each other for any damage or costs arising therefrom.

 

10.2 Force majeure includes, but is not limited to, illness, strikes, riots, fire, floods, natural disasters, war, terrorism, government actions, technical failures, transport delays, or other unforeseen circumstances that reasonably lie beyond the control of the parties.

 

10.3 If the situation of force majeure is temporary, the party affected by it shall inform the other party of the situation as soon as possible and shall endeavour to minimize the consequences of the force majeure situation as much as possible.

 

10.4 If the force majeure situation lasts longer than 8 weeks, both parties have the right to dissolve the agreement, without this leading to any obligation to pay compensation.

10.5 In the event of force majeure, the customer's payment obligations for services already rendered remain fully effective.

 

Article 11 - Termination

 

11.1 Termination of the agreement, in whole or in part, occurs through a written declaration by the entitled party. Prior to issuing a termination notice, the party must formally declare the other party in default in writing and allow a reasonable period for the fulfilment of obligations or rectification of shortcomings, which must be precisely reported in writing.

 

11.2 Upon termination, all obligations intended to persist post-termination, such as confidentiality and intellectual property rights, shall continue.

11.3 In the event of termination by the customer, allLearners is entitled to compensation for work performed and costs incurred up to the termination date. Additionally, in cases where allLearners faces termination without being in default, it retains the right to claim compensation for all resulting damages, including lost profits and costs for determining damages and liability.

11.4 If the customer fails to meet obligations from the agreement or associated agreements adequately or timely, or if there's reasonable doubt about the customer's ability to meet contractual obligations (e.g., in case of bankruptcy), allLearners may suspend the agreement's execution or terminate it wholly or partially after a written notice of default.

 

Article 12 - Applicable Law and Dispute Resolution

 

12.1 The agreement between allLearners and the customer shall be governed by and construed in accordance with the laws of the Netherlands.

 

12.2 Any disputes arising out of or in connection with the agreement shall be submitted to the exclusive jurisdiction of the competent courts of the Netherlands.

 

**Order processing and customer service**

Our order process for B2C courses and supscriptions is conducted by our online reseller Paddle.com.
Paddle.com is the Merchant of Record for these orders.
Paddle provides all customer service inquiries and handles returns.