GENERAL TERMS & CONDITIONS – Maximize Your Board’s Potential
General terms and conditions applying to the relationship between The Decision Institute executive education, open programs and participants and/or commissioning parties.
Article 1: Definitions
- a) The Decision Institute, Executive Education, Open Programs.
- b) ‘Study Program’: a course, masterclass, workshop, training program, coaching program and/or other form of education.
- d) ‘Participant’: any individual participating in a Study Program.
- e) ‘Registration’: Participant’s registration for a Study Program whereby an agreement is entered into between The Decision Institute and Participant.
- f) ‘Course Material’: all material provided by The Decision Institute to Participant within the context of a Study Program.
- g) ‘Written’: (also) by fax, e-mail, internet or other digital means of communication.
Article 2: Applicability
- a) These general terms and conditions apply to all agreements between The Decision Institute and Participant and are an integral part thereof.
- b) Participant accepts these general terms and conditions on Registration. The general terms and conditions can be found on the website of The Decision Institute.
- c) Exclusion of (parts of) these general terms and conditions, amendments and/or supplements thereto, may only be made after obtaining the written consent of The Decision Institute.
Article 3: Registration
- a) Registration for a Study Program takes place using the registration form for that Study Program via the website. The completed registration form must be submitted to The Decision Institute by internet, e-mail or some other form of electronic communication.
- b) Registration via The Decision Institute website is the contract between The Decision Institute and Participant. The contract extends from registration until delivery of the Study Program or until payment has been received by The Decision Institute (whichever comes first).
- c) By submitting the registration form, Participant and/or a third party obliged to pay for Participant, agrees to pay the course fees.
- d) If registration takes place for more than one course, no money shall be refunded in the event not all the courses are followed.
- e) Participant is registered for a Study Program after the Registration has been confirmed by The Decision Institute in writing.
Article 4: Participants
- a) The Decision Institute may lay down entry requirements for Participants for Study Programs, for instance in relation to previous education and work experience. The Decision Institute may also stipulate a registration term and/or limit the number of Participants in a Study Program.
- b) If Participant in any way hinders the usual course of a Study Program, The Decision Institute may exclude him or her from further participation. In that event the payment obligations with respect to Participant’s participation shall remain in force.
Article 5: Compliance
- a) When organizing a Study Program The Decision Institute is entitled to deviate from the Announcement if The Decision Institute cannot be reasonably required to execute the Study Program in full as announced.
- b) Any amendments made by The Decision Institute shall resemble the original announcement of the Study Program as closely as possible.
- c) Amendments to a Study Program may be followed by changes in, for example, price and course material. Participant shall be notified of this in writing.
Article 6: Payment
- a) All quoted fees are excluding 21%
- b) The course fees shall be paid in one instalment. After the course fees payable are invoiced, Participant, or the third party obliged to pay, shall pay the amount invoiced within two weeks of the invoice date or before the start of the program. In case payment has not been received before the start of the Study Program, The Decision Institute retains the right to refuse the participant access to the Study Program.
- c) Payment shall be made via bank transfer to a bank account specified by The Decision Institute. Questions with regards to finances should be sent via email to firstname.lastname@example.org and will be answered within 5 working days.
- d) The Decision Institute reserves the right at all times to require security for payment.
- e) In the event that The Decision Institute incurs costs to collect payment of an invoice these costs shall be fully payable by Participant or the third party referred to in article 6b.
Article 7: Cancellation
- a) In the event circumstances so require or the number of applicants for a Study Program is insufficient, The Decision Institute may cancel the Study Program. It shall inform participants about this as soon as possible before the Study Program is due to commence. In event of cancellation by The Decision Institute, Participant has the possibility to choose another Study Program offered.
- b) The right to participate in a Study Program arises from a distance contract for the provision of certain services (article 7:46i Netherlands Civil Code). Participant may cancel his participation free of charge within a term of five (5) calendar days after receipt of the written confirmation of the registration, unless the commencement date of the Study Program is within that term.
- c) Participant has the right to withdraw his registration within 14 calendar days of registration.
- d) Except in the case of cancellation (free of charge) as referred to in 7b, the following administration/cancellation fees are payable by Participant:
- 50% of the program fee will be charged if participation is cancelled between 30 and 40 calendar days before commencement date of the Study Program;
- Cancellations less than 30 calendar days before the start of the program will be charged a cancellation fee equivalent to the attendance fee.
Cancellations must be sent by email to email@example.com. The number of working days is calculated from the date upon which The Decision Institute receives the cancellation.
- e) If Participant has already paid the sum owing The Decision Institute, The Decision Institute shall repay the sum owing to Participant, with due observance of articles 7b and 7c, to a bank account indicated by Participant within 14 days after cancellation of the Study Program.
- f) In the absence of Participant a substitute may be appointed, subject to prior notification in writing sent to The Decision Institute. Where there are entry requirements for participation in the Study Program the replacement must be approved separately by The Decision Institute.
- g) Participant has the right to cancel his participation within 14 days after the registration is received by The Decision Institute and will then be fully reimbursed.
Article 8: Copyright, intellectual property rights, confidentiality
- a) The copyrights and/or other intellectual property rights associated with a Study Program arranged by The Decision Institute and/or the Course Material is/remains the property of The Decision Institute and/or teacher(s) of the relevant Study Program.
- b) Without prior written permission Participant may not use the Course Material except for personal use, or reproduce the Course Material in any way and/or sell and/or make it available to third parties.
- c) During a Study Program, Participants may be exposed to confidential information related to the personal and/or business situation of fellow Participants or The Decision Institute. The Chatham House Rule will apply throughout the Study Program for both Participants and The Decision Institute (https://www.chathamhouse.org/about/chatham-house-rule).
Article 9: Name and address details
By completing the registration form you consent to The Decision Institute storing and processing the personal data you have provided. We will use this information to keep you updated about the products and services requested for administration and sales analysis. We do not pass your details to third parties to use. You may opt out at any time by emailing firstname.lastname@example.org.
Article 10: Complaint procedure
If Participant has a complaint about the Study Program or organization thereof, an email stating the complaint must be sent to Barbara Mees or Sara Nonnekes via email@example.com. As soon as the complaint has been received and within 2 working days at the latest, a confirmation of receival will be sent to Participant. All complaints will be considered confidential and will be handled within 4 weeks of receival. If more time is needed by The Decision Institute, the Participant will also be informed and kept up-to-date of the developments every two weeks. In case of a dispute, The Decision Institute will confer with an independent third party in the name of Wim Cassée (firstname.lastname@example.org). If Wim Cassée is not available at the time of the dispute, Edward Lich will take his place. The decision of the third party is binding for The Decision Institute and possible consequences will be processed by The Decision Institute. In the event the dispute is taken to a court of law, The Dutch court in Amsterdam will prevail. We ask Participants with a complaint to first contact The Decision Institute before contacting the above. Complaints will be kept on file for one calendar year after the dispute has been settled.
Article 11: Liability
- a) The Decision Institute exercises great care when composing the Course Material it provides. However, The Decision Institute does not guarantee the completeness and the correctness of this Course Material. Liability for damage arising from any decision or action based on the Course Material and/or information otherwise provided within the context of the Study Program is excluded.
- b) Liability on the part of The Decision Institute in respect of any damage incurred by Participant due to the cancellation of (parts of) a Study Program is also excluded.
- c) If Participant incurs damage in respect of which The Decision Institute is liable, that liability shall at all times be limited to a maximum amount that is equal to the fee payable by Participant on the basis of the agreement with The Decision Institute.
Article 12: Termination
The Decision Institute can terminate the agreement with Participant in the event that Participant fails to fulfil an obligation arising from the agreement, or fails to do so on time and after receiving a warning from The Decision Institute continues in this failure to comply.
If The Decision Institute cannot invoke (part of) a provision in these general terms and conditions, they shall otherwise remain applicable.
Article 14: Applicable law, disputes
- a) All agreements with The Decision Institute are governed exclusively by the law of the Netherlands.
- b) All disputes in connection with the agreement concluded between Participant and The Decision Institute shall fall within the jurisdiction of the competent court in Amsterdam, the Netherlands.
The General Terms and Conditions of The Decision Institute – Maximize Your Board’s Potential apply to registrations starting January 1st, 2016.