Terms and Conditions
Article 1. Definitions and general
1. In these general terms and conditions (conditions):
- Cloud Career Services BV: The private company Cloud Career Services BV, established in Groningen.
- Client: the natural or legal person, acting in the exercise of his business or profession, who has concluded an agreement with Cloud Career Services BV or obtained a quotation for this purpose.
- Cloud Career Services BV and the Client together.
- Online Career Platform: the Cloud Career Services BV software, and related services.
- Upgrade: renewing or updating the Online Career Platform.
2. Deviations from these conditions can only be agreed in writing and only apply to the agreement to which they have been agreed.
3. If one or more provisions of these terms and conditions are null and void or are destroyed by judicial intervention, the remaining provisions will remain in full force. The Parties shall draw up new provisions in mutual consultation, according to the purpose and purport of the original provisions.
4. The conditions are stipulated for the benefit of every third party who, whether or not in employment, is engaged in the performance of any agreement or is or may be liable in this connection.
5. The agreement is exclusively accepted by Cloud Career Services BV and executed on its behalf, even if it is the express or tacit intention that the agreement is executed by a specific person. Articles 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code are explicitly not applicable.
Article 2. Offer and acceptance
- The offer is without obligation and valid up to and including 30 days from the date of the offer.
- If it appears that the information provided by the Client is incorrect, Cloud Career Services BV is entitled to adjust the prices accordingly.
- Cloud Career Services BV can not be held to the set prices, services or conditions in its offers if the Client can reasonably understand that the quotation, or any part thereof, contains an obvious mistake or error.
- The agreement is concluded at the moment that Cloud Career Services BV has received the agreement signed by the Client for approval.
Article 3. Execution of the agreement
- Cloud Career Services BV carries out the activities within the scope of the agreement to the best of its knowledge, expertise and ability. All agreements between the Client and Cloud Career Services BV are subject to a best efforts obligation, unless the agreement expressly promises a result by Cloud Career Services BV and the result in question is also described with sufficient certainty. All this on the basis of the current state of knowledge at that time.
- If it has been agreed that the agreement will be executed in phases, Cloud Career Services BV may suspend the execution of those parts (which belong to a following phase) until the Client has approved the results of the preceding phase in writing.
- The Client shall ensure that all data of which Cloud Career Services BV indicates that these are necessary or of which the Client should understand that these are necessary for the execution of the agreement, are provided to Cloud Career Services BV in a timely manner. The execution period of the agreement does not start before the Client has made these data available to Cloud Career Services BV correctly and completely.
- Insofar as proper execution of the agreement requires, Cloud Career Services BV has the right to have third parties carry out (parts of) the activities from the agreement.
Article 4. Maintenance and availability of the Online Application
Article 5. Notice & Takedown
Article 6. Prices
Article 7. Payment conditions
Article 8. Modification of the agreement
Cloud Career Services BV has the right to suspend the fulfillment by virtue of all existing agreements between the Client and Cloud Career Services BV, or to terminate these agreements in whole or in part without any notice of default and without being obliged to pay any compensation.
Suspension and dissolution are only allowed if the shortcoming justifies it.
Article 9. Liability
Article 10. Indemnity
Article 11. Force majeure
Article 12. Intellectual property
Article 13. Confidentiality
Article 14. Personnel
Article 15. Final provisions
- Dutch law applies to this agreement. The applicability of the Vienna Sales Convention is explicitly excluded.
- The version of any communication, administration and measurements made by Cloud Career Services BV concerning the Online Career Platform and related services received by Cloud Career Services BV shall constitute authentic and compelling proof, subject to proof to the contrary provided by the Client.
- The Client is not entitled to use any trade name, brand name, logos or signs of Cloud Career Services BV, unless Cloud Career Services BV has expressly given its approval in writing.
- The judge of the District of Noord-Nederland, location Groningen, is exclusively competent with regard to any dispute between the parties that is related to the present agreement.
- There is a dispute as referred to in the fourth paragraph as soon as one of the parties states this.
- Cloud Career Services BV reserves the right to change or supplement the conditions.
- If Cloud Career Services BV declares the changed conditions to existing agreements applicable, Cloud Career Services BV will announce the changes in time. They will take effect 30 days after the announcement of the change on the website of Cloud Career Services BV, by letter or email, at the discretion of Cloud Career Services BV.
- These conditions come into effect on 1 August 2018
This section only applies if Cloud Career Services BV provides a training or workshop at the request of the Client.
Artikel 16. Overeenkomst training of workshop bij Opdrachtgever
The client must take care of:
- Sufficient participants in the training;
– Marketing and promotion for training;
– Location and space for the training;
– Equipment of which Cloud Career Services BV indicates that it is necessary to give the Lecture.
- If the Client has not fulfilled his payment obligation before the start of the training or workshop, Cloud Career Services BV will not perform this training or workshop.
Article 17. Cancellation of the training or workshop by the Client
- Cancellation of the training or workshop by the Client must be done in writing.
- If the training or workshop outside the sphere of influence of Cloud Career Services BV has not been taken on the agreed date, the following cancellation conditions apply:
Time of cancellation Costs for the Client 36 hours or less before the start 100% of the invoiced costs 36 – 60 hours before the start 50% of the invoiced costs more than 60 hours before the start 25% of the invoiced costs
Article 18. Replacement
- Cloud Career Services BV is entitled at all times to replace the person who gives the training or workshop by another suitable person.