General Terms and Conditions of education for professionals at Radboud University

1 Definitions 

The following terms bear the meaning assigned to them for the purposes of these General Terms and Conditions:

1. Activity: An education program / course / training / masterclass / conference / symposium / event or other continuing education program with open registration offered by education for professionals at Radboud University. 
2. Participant: person registered for an education program / course / training / masterclass / conference / symposium / event or other continuing education program with open registration (Activity) offered by education for professionals at Radboud University.
3. Agreement: the Agreement concerning any Activity relating to the development, provision and organisation of an  education program / course / training / masterclass / conference / symposium / event or other continuing education programor the Agreement to attend the  education program / course / training / masterclass / conference / symposium / event or other continuing education program in the broadest sense, which the Participant has entered into with education for professionals at Radboud University.
4. Distance Contract: an Agreement concluded in such a way that only one or more means of distance communication, such as electronic communication, has been used;
5. Contracting Party: the Party who has entered into an agreement with education for professionals at Radboud University.
6. Parties: Education for professionals at Radboud University and the Contracting Party jointly; separately each referred to as the Party.
7. General Terms and Conditions: these General Terms and Conditions of education for professionals at Radboud University.

2 Applicability 

These General Terms and Conditions apply to every offer, quotation and Agreement between the Parties to which education for professionals at Radboud University has declared these General Terms and Conditions applicable.

3 General 

1. Supplements to and/or deviations from these General Terms and Conditions shall only be valid if agreed in writing.
2. Education for professionals at Radboud University is entitled to make amendments to these General Terms and Conditions. The amendments will take effect at the time announced by education for professionals at Radboud University.
3. If any provision of these General Terms and Conditions or the Agreement is void or annulled or otherwise invalid or inapplicable, the remaining provisions of these General Terms and Conditions and/or the Agreement shall remain in full force and effect. The Parties will, in that case, consult to agree on a new provision to replace the invalid provision, taking into account the purpose and purport of the invalid provision as far as possible.
4. The applicability of any general purchasing or other conditions of the Contracting Party that could possibly relate to the present contractual relationship are hereby explicitly rejected and shall not apply.
5. If one or more provisions of these General Terms and Conditions are null and void or annulled, the remaining provisions of these General Terms and Conditions shall remain fully applicable. The Parties will, in that case, consult to agree on a new provision to replace the invalid provision, taking into account the purpose and purport of the invalid provision as far as possible.
6. In case of conflict between one or more provisions of these General Terms and Conditions and the Agreement, the relevant provision of the Agreement shall prevail.
7. In case of inconsistencies between the translated version of these General Terms and Conditions and the Dutch version, the Dutch version shall prevail.

4 Range of training 

1. The range of training is described on the website and/or in the specific course conditions. The price of each Activity is also included in this description.
2. The cost of books, materials, catering and other course supplies is not included in the price unless explicitly stated otherwise.
3. If there are any requirements for a particular course regarding certain prior knowledge, previous education or work experience, these requirements can be found at the webpage of the relevant Activity. 

5 Quotations 

1. Education for professionals at Radboud University's offers and quotations are valid for a period of 30 days, unless the offer or quotation expressly states otherwise.
2. All quotations drafted by education for professionals at Radboud University, including the prices, fees and deadlines quoted by education for professionals at Radboud University, are always without obligation and may be revoked by education for professionals at Radboud University until the moment at which the Agreement is concluded. All quotations are drafted by education for professionals at Radboud University to the best of its knowledge and with the utmost care. However, education for professionals at Radboud University cannot guarantee that no discrepancies might occur in this respect. If the Contracting Party does not accept education for professionals at Radboud University's quotation, education for professionals at Radboud University is entitled to charge the Contracting Party for all costs incurred by education for professionals at Radboud University in order to draft the quotation.

6 Prices 

1. The prices stated in a quotation are exempt from VAT and other government levies, as well as any costs to be incurred in the context of the Agreement, including shipping and administrative costs, unless expressly stated otherwise.
2. education for professionals at Radboud University is entitled to change its prices at any time, subject to the fact that after confirmation of an Activity, the then current price will remain valid, unless the Activity is moved to another date. Quotations are subject to certain clerical errors. 
3. education for professionals at Radboud University charges different fees:
   3. regular fee: for all course participants who have no affiliation with Radboud University or Radboudumc;
   4. staff fee (10% discount on the regular fee):
      • for staff members who have a demonstrable employment contract with Radboud University or Radboudumc;
      • for retirees of Radboud University and Radboudumc;
      • for PhD students of Radboud University and Radboudumc;
      • for part-time students of Radboud University and Radboudumc;
   5. special discounts: 
      • alumni of Radboud University receive a 10% discount on the regular fee; 
      • no more than one discount can be applied at one time.

7 Registration and admission 

1. Registration for an Activity should be done by providing education for professionals at Radboud University with a fully and correctly completed registration form, which has been made available for this purpose.
2. Education for professionals at Radboud University may set admission requirements for the Participant. These admission requirements may relate, among other things, to the Participant's previous education and/or experience or degree of specialisation. To determine whether the Participant meets the admission requirements, education for professionals at Radboud University may, among other things, obtain references, hold pre-tests or require the completion of preparatory courses.
3. The Agreement between the Participant and education for professionals at Radboud University is established after education for professionals at Radboud University has confirmed the registration in writing or electronically to the Participant. This confirmation will be issued if the conditions for the Activity have been met, including (but not limited to) the fulfilment of the admission requirements set by education for professionals at Radboud University and the definitive proceedings of the Activity.
4. Education for professionals at Radboud University is entitled to refuse admission to an Activity to a person who has registered to attend without giving reasons, in which case the person who has registered to attend an Activity is entitled to a refund of the full course fee as paid to education for professionals at Radboud University. Non-admission to an Activity will be confirmed by education for professionals at Radboud University in writing or by email.
5. It is not possible to register for an Activity by telephone.
6. If the Participant has indicated at the time of registration that the course fee will be paid by a company or institution, the Participant should also fill in the full name and address details of the respective institution, as well as the name and email address of the contact person. In this case, the invoice will be sent to this institution. However, the Participant remains responsible for payment. 
7. Registration for a course is only possible if the Participant has a visa or residence permit that will remain valid until the end of the course.

8 Conditions of payment 

1. Radboud University issues its invoices prior to the start of the Activity. Invoices must be paid within 30 days of the invoice date by bank transfer to the account specified by education for professionals at Radboud University. Any objections to the amount stated on an invoice do not suspend the payment obligation.
2. The Participant is considered to be in default as from the expiry of the payment date. education for professionals at Radboud University will send a payment reminder after that date has passed and will give the Participant the opportunity to pay within 10 working days after receipt of this payment reminder.
3. If the Participant fails to timely fulfil the payment obligation(s), the Participant shall, after education for professionals at Radboud Universityhas notified the Participant of the late payment and has granted the Participant a period of 10 working days to still fulfil the payment obligation(s), owe statutory interest on the outstanding amount after expiry of this 10 working day period and education for professionals at Radboud University shall be entitled to charge any extrajudicial collection costs incurred by the Participant. These collection costs shall not exceed: 15% of outstanding amounts up to €2,500; 10% of the following €2,500 and 5% of the following €5,000, with a minimum of €40. education for professionals at Radboud University may deviate from said amounts and percentages for the benefit of the Participant.
4. The payments received will first be used settle the oldest outstanding payments, including any respective interest or additional costs.
5. With regard to payments and settlements, Radboud University's administration is binding at all times.

9 Implementation of the Agreement 

1. Education for professionals at Radboud University will implement the Agreement to the best of its knowledge and ability.
2. Education for professionals at Radboud University has a best-efforts obligation towards the quality of the Activity, and will monitor its quality.
3. The Contracting Party must ensure that all data that education for professionals at Radboud University indicates to be necessary or that the Contracting Party should reasonably understand to be necessary for the implementation of the Agreement are provided to education for professionals at Radboud University in a timely manner. If the data required for the implementation of the Agreement have not been provided to education for professionals at Radboud University on time, education for professionals at Radboud University is entitled to suspend the implementation of the Agreement and/or to charge the Contracting Party for any additional costs resulting from the delay in accordance with education for professionals at Radboud University's usual rates. Education for professionals at Radboud University is not liable for damage of any kind whatsoever that results from education for professionals at Radboud University relying on incorrect and/or incomplete data provided by the Contracting Party, unless such incorrectness or incompleteness should have been evident to education for professionals at Radboud University.
4. The Participant will receive a certificate only when the minimum 80% (physical) attendance requirement has been met and, if applicable, the self-study assignments have been completed.

10 Cancellation by education for professionals at Radboud University - Contracting Party

1. Education for professionals at Radboud University is entitled to dissolve the Agreement in whole or in part with immediate effect without judicial intervention, by letter or by email, without being obliged to pay damages, and without prejudice to education for professionals at Radboud University's right to claim compliance instead of dissolution, and without prejudice to its right to damages, if:
   1. the Contracting Party defaults in complying with the Agreement and this default is not remedied within 14 days from the date of dispatch of the notice of default;
   2. after the conclusion of the Agreement, circumstances come to education for professionals at Radboud University's knowledge that give good reason to fear that the Contracting Party will be unable to fulfil its obligations under the Agreement;
   3. the Contracting Party applies for or is granted suspension of payment;
   4. the bankruptcy of the Contracting Party has been filed for or the Contracting Party has been declared bankrupt;
   5. a substantial part of the assets of the Contracting Party are seized.
2. If education for professionals at Radboud University dissolves the Agreement on the grounds of this article, any claim of education for professionals at Radboud University against the Contracting Party shall be immediately due and payable.
3. In the case of non-compliance or untimely compliance, the Contracting Party is still obliged to reimburse education for professionals at Radboud University for all judicial and extrajudicial costs reasonably incurred by education for professionals at Radboud University as a result of such non-compliance or untimely compliance.

11 Cancellation by education for professionals at Radboud University - Participant 

1. The Participant does not meet the required prior knowledge or prior education requirements and/or other admission requirements.
2. The Participant has previously attended training course or sessions at education for professionals at Radboud University and has behaved in such a way that the Participant has been denied admission to the training and/or admission has been revoked.
3. The Participant does not have a visa or residence permit that will remain valid until the end of the course.
4. The maximum number of participants to be admitted has been exceeded.
5. The minimum number of required participants was not met.

12 Cancellation by the Participant 

1. This article applies only to a natural person who is not acting in the exercise of a profession or business.
2. The Participant may dissolve the Agreement free of charge and terminate their registration without giving reasons within 14 days of accepting the offer (see Article 1) under the Distance Selling Act. If the Participant wishes to make use of this option, the Participant should notify us in writing by sending an email to radboudacademy [at] ru.nl.
3. If the Participant deregisters less than 14 days before the start of the course, the Participant will be obliged to pay 100% of the costs of the course. The Participant expressly waives the right to dissolve the Agreement within 14 days without giving reasons under the Distance Selling Act.
4. In the case of cancellation, expenses will be calculated in the following manner:
   1. Cancellation before one month before the start of an Activity: 25% of the agreed amount with a minimum of €50.
   2. Cancellation between one month and two week before the start of an Activity: 50% of the agreed amount with a minimum of €50.
   3. Cancellation within two week before the start of an Activity or after the start of an Activity: 100% of the agreed amount with a minimum of €50.

13 Cancellation by education for professionals at Radboud University

1. Education for professionals at Radboud University has the right to make changes to an announced Activity without giving reasons. This includes, but is not limited to: 
   • the set-up; 
   • the date; 
   • the trainers; 
   • the location; 
   • the content. 
2. If the Activity has been changed in terms of time, place or date, education for professionals at Radboud University will inform the Participant in writing or electronically.
3. The Participant has the right to cancel the Agreement in writing or by email within 14 days from the notification of the change, unless otherwise agreed or unless the change, in view of its special nature or minor importance, does not justify such cancellation. In this case, the Participant is entitled to a refund of the full amount paid to education for professionals at Radboud University.
4. Education for professionals at Radboud University is entitled to refuse admission to an Activity, in which case the Participant is entitled to a refund of the full course fee as paid to education for professionals at Radboud University. The Participant will be notified in writing by education for professionals at Radboud University.
5. Education for professionals at Radboud University is entitled to refuse admission to the Participant if, prior to the Activity, the Participant has not fulfilled their obligations, as stipulated in the Agreement, towards education for professionals at Radboud University.

14 Liability 

1. education for professionals at Radboud University only accepts liability for damage suffered by the Contracting Party resulting from an attributable failure in the implementation of the Agreement, if and to the extent that such liability is covered by education for professionals at Radboud University's insurer and up to the amount of the payment made by the insurer.
2. If in any case the insurer does not pay out or the damage is not covered by the insurance, education for professionals at Radboud University's liability is limited to the invoice value of the assignment, at least that part of the Agreement to which the liability relates.
3. The liability referred to in this article is limited to direct damage.
4. Direct damage only includes: 
   • reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions;
   • any reasonable costs incurred to have education for professionals at Radboud University’s poor performance comply with the Agreement, unless this cannot be attributed to education for professionals at Radboud University;
   • reasonable costs incurred to prevent or limit damage, insofar as the Contracting Party demonstrates that these costs have led to limitation of the direct damage referred to in these General Terms and Conditions.
5. Education for professionals at Radboud University is never liable for indirect damage, which includes resulting damage, lost profit, lost savings and loss due to business interruption.
6. The limitations of liability for direct damage included in these General Terms and Conditions do not apply if the damage is due to intent or gross negligence on the part of education for professionals at Radboud University or its subordinates.

15 Force majeure 

1. In the case of force majeure, i.e. a shortcoming that cannot be attributed to education for professionals at Radboud University, because it cannot be attributed to the fault of education for professionals at Radboud University and education for professionals at Radboud University cannot be held accountable under the law, legal acts or according to societally accepted standards, education for professionals at Radboud University shall immediately inform the Contracting Party thereof in writing, stating the cause, the nature, the expected duration of the force majeure and the provisions of the Agreement that cannot be fulfilled as a result thereof.
2. Circumstances that in any case but not exclusively qualify as force majeure are: war, terrorism, government measures, transport disruptions, strikes, (natural) disasters, accidents and delayed delivery or non-delivery from suppliers.
3. In the event of force majeure, education for professionals at Radboud University is entitled to:
   • suspend the implementation of the provisions referred to in paragraph 1 of this article during the force majeure, or
   • terminate all or part of the Agreement without being liable for compensation.

16 Privacy 

1. Radboud University’s Privacy Regulations apply. They can be found at www.ru.nl.
2. education for professionals at Radboud University shall treat and process personal data in strict confidence and in accordance with the General Data Protection Regulation (GDPR).
3. When a Participant registers for an Activity, education for professionals at Radboud University uses personal data to compile a registration list. In addition, education for professionals at Radboud University uses this information to inform participants about courses. If a Participant objects to the use of this information, the Participant may object in writing or electronically.
4. Education for professionals at Radboud University will not provide a Participant's data to a third party without the Participant's consent, unless required by any legal requirement.

17 Intellectual property 

1. All rights relating to products developed or used by education for professionals at Radboud University within the framework of the Agreement, including course materials and brochures, belong to education for professionals at Radboud University insofar as they do not already belong to third parties.
2. Subject to the express written consent of education for professionals at Radboud University, the Participant is not allowed to record the aforementioned products on data carriers (including via camera or telephone) or to use, reproduce, disclose or exploit them, whether or not together with or through the involvement of third parties.
3. The Contracting Party has the right to use the goods or products (such as course material or advice) delivered or made available by education for professionals at Radboud University to the Contracting Party and/or documentation or data carriers made available to the Contracting Party by education for professionals at Radboud University for the purpose of the performance of work and/or services for its own use, all this in the broadest sense, provided that the Contracting Party has met its financial obligations.
4. Education for professionals at Radboud University is entitled to use the knowledge gained through the implementation of the Agreement for other purposes, as long as no confidential information is brought to the knowledge of third parties.
5. In the case of any breach of the provisions of this article, the Contracting Party will owe education for professionals at Radboud University an immediately payable fine of €5,000 for each breach, without prejudice to education for professionals at Radboud University's right to full compensation for damages suffered by it.
6. These provisions shall remain in full force even after the end of the Agreement.

18 Complaints procedure

It may be possible that you as a Participant/Contracting Party are not satisfied with the service provided by education for professionals at Radboud University. In that case, please contact levenlangontwikkelen [at] ru.nl (levenlangontwikkelen[at]ru[dot]nl).

19 Refusal of admission

1. Education for professionals at Radboud University reserves the right to deny the Participant admission to the course. 2. 
2. Admission to the course may be denied to the Participant, without further reason, in any case:
   • for failure to ensure timely payment of the full amount of the course fee on the part of the Participant;
   • if the Participant does not comply with generally accepted manners during and/or around the attendance of the course. This also includes deliberately and/or explicitly inciting or participating in reprehensible behaviour. Reprehensible behaviour is understood here to include making threats and/or exhibiting intimidating behaviour towards other participants and/or staff on the course and/or of Radboud University;
   • if the Participant does not comply with Article 19.2 of these General Terms and Conditions (law prohibiting face-covering clothing);
   • as a result of measures or policies taken by Radboud University in connection with imposed government measures or recommendations.

20 Applicable law and competent court 

1. These General Terms and Conditions and the Agreement are both governed by Dutch law.
2. All disputes arising from or relating to these General Terms and Conditions or the Agreement shall be submitted to the competent court in the district of Gelderland.