Terms and Conditions

Article 1: Applicability of general conditions

 

1.1 All offers, quotations from and agreements with Heritage & Belonging are subject to these general terms and conditions unless otherwise agreed in writing.

 

1.2 Any purchase conditions or pre-printed conditions to an order are explicitly not applicable to the services of Heritage & Belonging unless agreed in writing.

 

1.3 If any provision of these general terms and conditions is void or annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect and the parties shall consult on a replacement provision, taking into account as far as possible the purpose and intent of the void or annulled provision.

1.4 All offers from Heritage & Belonging are non-binding, with the understanding that all offers are valid for 30 days from the date of the offer, unless otherwise indicated. Heritage & Belonging is only bound to an offer if the acceptance thereof by the client is made in writing, within the validity period of the offer.

 

Article 2: Custom Program

 

2.1 In-company courses, talks, workshops or other trainings in the broadest sense of the word ("Custom Program") agreed upon with the client will take place unless the client cancels. In that case the cancellation policy in accordance with article 4 of these General Terms and Conditions shall apply.

 

2.2. Custom Programs can only be changed if the Client agrees.

 

Article 3: Obligations

 

3.1. An agreement concluded with Heritage & Belonging leads to an obligation to perform to the best of one's ability, not to an obligation to achieve a certain result, whereby Heritage & Belonging is obliged to fulfill its obligations as can be expected according to standards of care and craftsmanship.

 

3.2. To the extent Heritage & Belonging depends on information from, or cooperation by, the client for proper performance of its obligations, the client shall provide such information in a timely and complete manner. If the information is not provided after friendly reminder by Heritage & Belonging, it shall be released from its obligations with respect to the program component and this component cannot be performed, and no refund of payment shall be made.

 

3.3. The client is required to provide all information and documents requested of him in a timely manner and guarantees the accuracy, completeness and reliability of such information.

 

3.4. Heritage & Belonging determines the manner in which the agreement will be executed, including the right to have certain activities performed by third parties without notification and explicit consent of the client.

 

Article 4: Cancellation and relocation

 

Cancellation 

 

A booked activity can only be cancelled or moved to another date in writing and before the start. In case of cancellation, Heritage & Belonging is entitled to charge the client the following costs:

 

For cancellation within three months prior to commencement: € 155,- administration/cancellation fee;

For cancellation within six weeks before the start: 50% of the price;

In case of cancellation within three weeks before the start: 100% of the price.

 

Moving

 

Relocation of activities does not involve costs provided that relocation takes place up to six weeks (42 calendar days) before commencement.

In case of relocation by client between six to three weeks before commencement, Heritage & Belonging may charge client a maximum of 25% of the agreed fees.

In the event of relocation within three weeks prior to commencement, Heritage & Belonging may charge the client a maximum of 50% of the agreed fees. Conditions for cancellation and relocation due to Coronavirus If government guidelines prevent passage of a booked activity:

Can the booked activity be rescheduled free of charge up to the last minute.

Can replace a booked activity with a virtual session at no cost if possible.

If cancelled within 3 weeks before the start, 50% of the price will be charged (instead of 100%). In case of cancellation for reasons other than Corona virus, the conditions above apply.

 

Article 5: Duration of the agreement

 

5.1. If the agreement entered into with Heritage & Belonging relates to the repeated delivery of the same performance, then agreement shall be deemed to have been entered into for the duration of one year unless expressly agreed otherwise. All further agreements for Custom Programming shall be entered into for the duration of the performance to be provided.

5.2 If either party materially fails to perform its obligations under the agreement and, after being expressly reminded of this by the other party, still fails to perform these obligations within a reasonable period of time, the other party shall be entitled to terminate the agreement without the terminating party owing the defaulting party any compensation. The performances that were delivered until the termination shall be paid in the agreed manner.

 

5.3. Any deadlines specified in the agreement shall be approximate only and shall not be regarded as deadlines. Failure to meet such a deadline shall be remedied by setting a new reasonable deadline.

 

Article 6: Prices, invoicing and payment

 

6.1. All prices quoted by Heritage & Belonging are exclusive of VAT, unless expressly stated otherwise.

 

6.2. Catering and other accommodation costs are not included in the training price, unless expressly stated otherwise. Study materials and venue fees, on the other hand, are included in the quote if not organized at the client's location.

 

6.3 Custom programs are invoiced by Heritage & Belonging immediately after assignment

invoiced, unless otherwise agreed upon in the assignment. Payments must be made within fourteen (14) days from date of invoice, in Euros and to the bank account as indicated in the invoice and without any right of discount or set-off. In the event of non-fulfillment or partial fulfillment of the payment obligation, the customer shall immediately be in default without any further notice of default or summons being required, and legal interest shall be payable on the outstanding amount from that time until the day of full payment, and the costs of reminder, as well as all collection costs, shall be recovered from the customer with a minimum of 200,- Euros.

 

6.4. In case of late or incomplete payment, Heritage & Belonging may suspend or cancel the relevant activity.

 

6.5. In case of a cancellation as described in article 4, refunds will be made within 14 days.

 

Article 7: Intellectual property

 

7.1. All intellectual property rights to the products and/or services developed by Heritage & Belonging, as well as the presentations and other materials developed by Heritage & Belonging are owned by Heritage & Belonging. This includes Heritage & Belonging's logo, Heritage & Belonging's trademark, trade and domain name, and the design, operation, images and sounds of and on Heritage & Belonging's website.

 

7.2. The customer is not permitted to provide, reproduce, disclose, modify or exploit any material developed for the purposes of the program to third parties without Heritage & Belonging's permission without Heritage & Belonging's prior written consent.

 

7.3. Heritage & Belonging reserves the right to use the knowledge gained in an agreement for other purposes, as long as no confidential or customer-identifiable information is brought to the knowledge of third parties.

 

7.4. Heritage & Belonging, the client and the participants are obliged to keep confidential all confidential information they have obtained in the context of the agreement from each other or from other sources. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information.

 

7.5. It is possible that in certain cases filming and/or photographs will be taken. The recordings may be made available to the public through the website or other means.

 

7.6. During the execution of the agreement as well as within one (1) year after the termination of the agreement, neither party is allowed to employ persons who are or have been involved in the execution of an agreement from the other party or to have them perform work in any other way or to negotiate to this end with these persons, other than after prior written permission from the other party.

 

Article 8: Advertising

 

A complaint regarding a program and/or an invoice amount must be reported in writing within fourteen (14) days. And complaints do not suspend the payment obligation.

 

Article 9: Liability

 

9.1. During all activities of Heritage & Belonging, both directly and indirectly, the customer himself or herself is liable for damage caused by him or her to goods, property and buildings of both Heritage & Belonging and third parties, as well as to persons; even in the absence of willful intent.

 

9.2. Heritage & Belonging is not liable for damage, loss, theft or damage to property, goods and money or damage to persons, from whatever cause, arising during the program.

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9.3. For damages that are a direct result of a shortcoming attributable to Heritage & Belonging, Heritage & Belonging shall only be liable if that shortcoming is the result of intent or gross negligence on the part of Heritage & Belonging. If Heritage & Belonging is obliged to compensate damages, such compensation shall be limited to a maximum of 30% of the agreed total contract price.

 

9.4. Any claims must be reported to Heritage & Belonging within three (3) months after discovery of the damage, failing which the rights shall be processed.

 

9.5. Heritage & Belonging is entitled to cancel a program at its discretion if necessary. Heritage & Belonging shall not be liable for consequential damages thereof in any form whatsoever.

 

9.6. Heritage & Belonging is entitled to refuse entry to persons on appropriate grounds.

 

9.7. In case of reduced validity, the client should call in advance and inquire about the

possibility of following the activity in question. Failure to do so is the customer himself

responsible for the consequences.

 

Article 10: Force majeure

 

10.1 If Heritage & Belonging can not, or not timely fulfill her obligations from the agreement due to a non-attributable shortcoming, including but not limited to: illness of employees, malfunctions in the computer network, stagnation in the normal course of business, those obligations shall be suspended until such time as she is still able to fulfill them, without Heritage & Belonging being in default with respect to the fulfillment of those obligations and without Heritage & Belonging being held liable for any compensation.

 

10.2 If the situation described in article 10.1 occurs, the customer has the right to terminate the contract in whole or in part if the suspension continues for more than three (3) months.

 

Article 11: Applicable law and choice of forum

 

11.1 All agreements between the customer and Heritage & Belonging shall be governed by Dutch law.

 

11.2 All disputes arising from or in relation to the agreement between parties shall be submitted to the competent court in Amsterdam.

 

Article 12: Customer registration and privacy

 

12.1. The client shall timely inform Heritage & Belonging of any changes in the organizational and/or personal data of the contact person.

 

12.2. Heritage & Belonging uses the personal data received by it from the customer and/or its employees for its customer administration, to provide access to Heritage & Belonging products as well as to inform them about Heritage & Belonging products and/or services in accordance with its Privacy Policy. The customer has the right to object to the continued receipt of this information via the "unsubscribe" link in the newsletter and to request access to this data via contact@heritage-belonging.com.

 

Amsterdam, October 2022