Terms and conditions

Article 1 - Definitions

In these general terms and conditions, the following definitions apply:

• Service Provider: Education Oracle, established in Bennekom, registered with the Netherlands Chamber of Commerce (Kamer van Koophandel) under number 52459268 and the name MARIANYDESIGN.
• Client: The natural person or legal entity that enters into an agreement with the Service Provider.
• Agreement: Any agreement between the Service Provider and the Client.
• Services: All services provided by the Service Provider to the Client, such as advice, workshops and training.

Article 2 - Applicability

2.1 These general terms and conditions apply to all quotations, agreements and deliveries of the Service Provider, unless otherwise agreed in writing.

2.2 Any purchasing or other terms and conditions of the Client are expressly rejected.

Article 3 - quotations and offers

3.1 All quotations and offers of the Service Provider are without obligation, unless the quotation states a period for acceptance.

3.2 The Service Provider cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error.

Article 4 - formation of the agreement

4.1 The agreement is formed at the moment the Client accepts the Service Provider's quotation in writing.

4.2 If the acceptance deviates (on minor points) from the offer included in the quotation, the agreement is only formed once the Service Provider has agreed to these deviations in writing.

Article 5 - performance of the agreement

5.1 The Service Provider will perform the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship.

5.2 If and to the extent that proper performance of the agreement so requires, the Service Provider has the right to have certain work carried out by third parties.

Article 6 - amendment of the agreement

6.1 If during the performance of the agreement it becomes apparent that it is necessary for proper performance to change or supplement the work to be carried out, the parties will amend the agreement in good time and by mutual consultation.

6.2 If the amendment or supplement to the agreement will have financial and/or qualitative consequences, the Service Provider will inform the Client of this in advance.

Article 7 - prices and payment

7.1 Prices are exclusive of VAT and other government levies, unless stated otherwise.

7.2 Payment must be made within 14 days of the invoice date, in a manner to be specified by the Service Provider and in the currency in which the invoice was issued.

7.3 If the Client fails to pay an invoice on time, the Client is in default by operation of law. The Client will then owe interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest applies.

Article 8 - Liability

8.1 The Service Provider is liable only for direct damage caused by intent or gross negligence on the part of the Service Provider.

8.2 The liability of the Service Provider is limited to the amount paid out in the case in question by the Service Provider's liability insurance.

8.3 The Service Provider is never liable for indirect damage, including consequential loss, lost profits, missed savings and damage due to business interruption.

Article 9 - intellectual property

9.1 All documents provided by the Service Provider, such as reports, advice, designs, sketches, drawings, software, etc., are intended solely for use by the Client and may not be reproduced, made public or disclosed to third parties by the Client without the prior consent of the Service Provider.

9.2 The Service Provider reserves the right to use the knowledge gained through carrying out the work for other purposes, provided that no confidential information is disclosed to third parties in doing so.

Article 10 - force majeure

10.1 The Service Provider is not obliged to fulfil any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not attributable to fault and for which it is not accountable by virtue of the law, a legal act or generally accepted practice.

10.2 In these general terms and conditions, force majeure means, in addition to what is understood by it in law and case law, all external causes, foreseen or unforeseen, over which the Service Provider has no influence but which prevent the Service Provider from fulfilling its obligations.

Article 11 - applicable law and disputes

11.1 All legal relationships to which the Service Provider is a party are governed exclusively by Dutch law.

11.2 The court in the place where the Service Provider is established has exclusive jurisdiction to hear disputes, unless mandatory law provides otherwise.

For more information or questions about these general terms and conditions, you can contact Education Oracle at pascal@onderwijsorakel.nl.