General Terms and Conditions
1. Definitions ‘Agreement’: these Standard Terms and Conditions, the Booking Form as accepted by Cadence MC and any other documentation supplementary to, or pertaining to, the course as set out by Cadence MC in its course prospectus; ‘Attendee’ or ‘participant’: the person nominated by the customer on the Booking Form; ‘Company’ means Cadence MC, company registration number is 7091 3145 (NL), whose registered address is Singel 145, 3984 NX Odijk,The Netherlands. ‘Course’: the public face-to-face or virtual training course set out by Cadence MC in its course prospectus; ‘Course Fee’: the charges for the public course as set out in the course Prospectus; ‘Course Prospectus’or ‘Course data sheet’: the description and schedule for the course as published by Cadence MC; ‘Customer’: the individual or organization booking the course on behalf of the attendees and named as such on the Booking Form; ‘Booking Form’: Cadence MC’s course Booking Form as completed by the customer. 2. Registration Public Courses No application to attend a public course will be considered for acceptance by Cadence MC unless a Booking Form is completed by the Customer. For applications to be accepted they must be confirmed in writing or e-mail by Cadence MC. 3. Public Course Fee 3.1 The public course fee is due prior to the start of a seminar. 3.2 (not applicable outside the European Union)The public course fee is exclusive of any Value Added Tax (‘VAT’) which will be payable by the customer in addition to the public course fee in the European Union. VAT is only applicable if and when Cadence training services are delivered in The Netherlands; for training services delivered in other EU countries VAT is shifted under EU tax rules. VAT for consulting services is always applicable for countries of the European Union. 3.3 The public course fee includes such documentation as is appropriate to the course. The cost of light refreshments and a buffet lunch are not included in the public course fee, unless otherwise stated in the course prospectus. Travel, accommodation and any other expenses incurred by the attendees are not included in the public course fee. 3.4 Where a course is delivered at a Customer’s premises (in-house course) then expenses associated with travel and accommodation for instructors will not be included in the course fee. 4. Cancellation and Substitution by Customer 4.1 The customer may cancel their registration by providing Cadence MC with a written notice of cancellation a minimum of fourteen (14) days before commencement of the course. If written notice of cancellation is not received within fourteen (14) days then the full course fee will be chargeable. If written notice of cancellation is received between thirty (30) and fourteen (14) days then 50% of the course fee will be chargeable. If written notice of cancellation is received more than thirty (30) days before commencement of the course then there will be no charge. 4.2 The customer may, with Cadence MC’s written agreement, substitute an alternative attendee. There will no charge for the substitution. 5. Course cancellation or rearrangement 5.1 Cadence MC reserves the right to cancel courses or rearrange course dates and course locations. Cadence MC will endeavour at all times to give the Customer as much advance notice as possible of any change. In the event of a cancellation, or if the course cannot be rearranged to the satisfaction of the customer, then Cadence MC will provide a full refund of the course fees. 5.2 Cadence MC will not be liable for any other costs incurred in the cancellation or re-arrangement of courses. 6. Special needs Cadence MC will endeavour to accommodate any special needs of the attendees provided that these are notified to Cadence MC on the Booking Form and Cadence MC considers that it is both reasonable and practical to provide for these special needs. 7. Copyright and Intellectual Property Rights All copyrights and other intellectual property rights relating to any course material provided in connection with the course remain the sole property of Cadence MC. No part of any course material may be copied or translated or used as (part of) any course which is not conducted by Cadence MC without the prior approval in writing of Cadence MC. 8. Warranty Cadence MC will use reasonable endeavours to ensure that the Course is presented with reasonable skill and care. 9. Liability 9.1 The total liability under this Agreement shall in no event exceed 100% of the Course Fee paid by the customer to Cadence MC for the provision of the course, save in respect of liability for death or personal injury, for which Cadence MC does not seek to exclude or limit its liability. 9.2 In no event shall Cadence MC be liable to the Customer for any indirect, special, consequential, exemplary or incidental losses or damages or for any lost profits, revenues, contracts or anticipated savings arising out of, or related to, this Agreement, in delivering this course. 9.3 The customer shall indemnify and hold harmless Cadence MC, its directors, officers, agents and employees against all claims arising from any breach of the Customer’s obligations under this Agreement. 10. General 10.1 These General Terms and Conditions shall apply to the Agreement and supersede all prior discussions, correspondence and presentations. 10.2 These General Terms and Conditions may not be varied except by the written agreement of Cadence MC. 10.3 Cadence MC reserves the right to amend the content of any course without notice to the customer where it is considered by Cadence MC that this does not fundamentally alter the content of the course. 10.4 Neither Cadence MC nor the customer shall be in breach of their respective obligations if such failure results from circumstances that are beyond the defaulting party’s reasonable control. Cadence MC and the customer agree to give written notice forthwith to the other on becoming aware of an event of force majeure, such notice to contain details of the circumstances giving rise to that event and its expected duration. 11. Law The Agreement shall begoverned by and interpreted in accordance with the law of The Netherlands and shall be subject to the exclusive jurisdiction of the Courts of The Netherlands.