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Terms of delivery

Update March 2020: All our training courses are currently and until further notice provided online with a live trainer. Our terms of delivery have been somewhat relaxed in connection with COVID19 measures: article 7: “postpone” and article 14: “cancel”, but we cannot do otherwise than to maintain these in general for our continuity. If you are of the opinion that you cannot attend the sessions, you must notify us in writing as early as possible (see article 14). Only radical changes to the COVID19 measures will be taken into account, whereby you still have to report absence. In all cases we will try to find the most suitable solution on a case-by-case basis.

Article 1: General

The trade name “D” ICT Solutions, hereinafter written as D-ICT Solutions, was registered in 2002 by Depaus Holding BV.
This trade name including logo is used under license from Depaus Holding by various companies in the Netherlands and abroad that all act according to the same strict quality standards.

Every company that uses the trade name D-ICT Solutions is one own legal entity and therefore fully liable and ultimately responsible for actions with regard to clients, course participants, partners, employees, suppliers and all other parties with which these companies trade, collaborate or enter into agreements and can in no way be associated with Depaus Holding BV.
The delivery conditions below have been applicable since September 28, 2015 by the companies that use the trade name D-ICT Solutions in the Netherlands.

Article 2: Definitions
For the purposes of the following:

a. Participant: the persons specified by the client, or persons who register themselves for participation in a training course provided by D-ICT Solutions.

b. Client: any company, institution or private individual that negotiates with D-ICT Solutions about the provision of an assignment or has given an assignment to D-ICT Solutions and has thus assumed financial responsibility for the payment of the education / training.
c. Open schedule training: education / training that is given at a D-ICT Solutions class location.

d. In-house education / training: a training that is provided entirely on behalf of a client and in a closed circle for (group of) participants to be designated by the client at its location.

e. Study materials: training material, documentation, syllabi or any other material in whatever form, which is used for the execution of a training or assignment.

f. Registration: the enrollment of a participant in a study program for which an agreement is entered into to receive education.

g. Cancel: the (temporary) cancellation of the education / training by the participant or client.

h. Start date education / training: the first meeting of the education / training.

i. Workgroup: any combination of education / training / exam, place, day and time.

j. Training price: the price of the education / training / study materials in any combination, plus any exams, less any discounts.
kArrangement costs: the costs for the room rental and catering made available by D-ICT Solutions during a training.

l. Last minute costs: the surcharge for the client on top of the training price for all additional administrative activities that must be performed after a working group has been formed.

Article 3: Applicability

3.1 These terms and conditions apply to all agreements concluded by D-ICT Solutions insofar as they have not been deviated from by written agreement.
By registering or by providing an assignment, the participant and client accept the applicability of these conditions. The applicability of the terms and conditions of the client, by whatever name, is hereby expressly rejected. 
3.2 If the client takes care of the registration of the participant, the client undertakes to

D-ICT Solutions to make these conditions known to the participant and to impose them.

The client indemnifies D-ICT Solutions against all claims of the participant, if D-ICT Solutions cannot invoke the provisions of these terms and conditions against the participant due to breach of the aforementioned obligations by the client.

Article 4: Study agreement, enrollment or remote assignment:
4.1 A study agreement / registration / assignment that has been concluded in such a way that only use is made of one or more techniques for distance communication within the meaning of art. 6: 230g sub e Dutch Civil Code, such as electronic communication (e-mail).

4.2 The study agreement / enrollment / assignment of the participant is passed on at the moment of receipt

D-ICT Solutions accepted and deemed binding, unless the participant is notified to the contrary in writing.

4.3 Changes to the assignment by the client only bind D-ICT Solutions insofar as D-ICT Solutions accepts these changes in writing or insofar as D-ICT Solutions has actually started the execution of the assignment. 

Article 5: Implementation

5.1 D-ICT Solutions provides the education / training for which the participant has registered directly or indirectly in accordance with what is stated about this in the correspondence at the time of registration.

5.2 D-ICT Solutions is entitled:

- change the content of the training program in the interim and / or replace the teacher.

- to change the organization of day and evening courses in terms of place and time.

- in case of insufficient registrations, to postpone a course / training or not to accept new registrations for an existing course / training. Registered participants will be notified in writing or by e-mail.

- to adjust the indicated group size in special cases at your own discretion.

- to reduce the number of training / training sessions per education / training by a maximum of 25%, whereby the price remains the same.

5.3 D-ICT Solutions has the right to exclude participants who, by their behavior or otherwise, prevent the normal course of the training from further participation in the training. 

Exclusion does not affect any obligation to pay the training fee.

5.4 All statements and / or statements about the services, such as the duration of the training, the scope and technical implementation of the study material, are made to the best of D-ICT Solutions' knowledge, but can reasonably deviate.
5.5 Minor errors in the study material, including typographical errors that have no consequences for the editorial content of the material, cannot constitute grounds for rejection of the project, refusal of delivery or change of the agreed price.

Article 6: Identification

The participant is obliged to have a legally valid proof of identity with him during meetings or exams and must be able to show this at the request of the teacher or an official of D-ICT Solutions.

Article 7: Catching up lesson time

D-ICT Solutions is not obliged to repeat a training / training day for participants who were unable to attend. Payment therefore remains due in full.

Article 8: Participation Certificate
At his request, the participant will receive a proof of participation in the training / training against administration costs if the participant has attended all meetings and the participant has successfully completed all assignments during the training / training in the opinion of D-ICT Solutions.

Article 9: Exams

D-ICT Solutions is not liable for the correctness of exam questions and / or the result achieved by the exam candidate.
D-ICT Solutions can never be held liable for technical problems of an online exam.

The examination candidate is ultimately responsible for the correctness of his or her data and must check this in advance for correctness.
All questions or comments in this regard must be communicated by email to the relevant examination authority.
Exam certificates are digitally issued to the graduates.

Article 10: Business Partners

Although D-ICT Solutions supplies the training courses listed on the website itself, D-ICT Solutions can have the training / training provided by a Business Partner.

Article 11: Payment

11.1 The invoice amount must be credited to the account of D-ICT Solutions before the due date, but before the start of the training.
11.2 All rates are exclusive of VAT

11.3 If payment is not made on time, all costs arising from the non-payment, plus the statutory interest, will be borne by the client.

11.4 In the event of late payment, the participant can be denied access to the D-ICT Solutions meetings. The financial obligation does not expire by not attending the meetings.

11.5 A VAT exemption applies to foreign clients if the client can submit a valid VAT number there.

Article 12: Payment arrangement

If the client, as a result of a special circumstance, no longer (fully)

can meet the payment obligation, he can only apply in writing to D-ICT Solutions with the request to make a payment arrangement. If D-ICT Solutions agrees with the request, the payment arrangement will be confirmed in writing and also serves as the sole proof of the payment agreement made.

Article 13: Non-payment

The agreement with the client can in case of non-payment without any

notice of default is required, unilaterally terminated by D-ICT Solutions. In that case D-ICT Solutions is entitled to charge the total training price to the client and to claim it immediately.

Article 14: Cancellation

14.1 In case of insufficient registrations for a course, D-ICT Solutions always has the right to cancel a course and not to accept a registration without being obliged to pay compensation for damage or costs.
14.2 Cancellation of a course / training or exam must be done in writing. The written confirmation from D-ICT Solutions applies as confirmation of the cancellation.

The start date of the course / training and exams is the starting point for the cancellation.

14.3 In case of cancellation more than 4 weeks before the start date, the cancellation is free of charge.

14.4 In case of cancellation between 1 to 4 weeks before the start date, 50% of the training price

due. The participant / client has the right to free another participant in the

to participate in education / training in his / her place, provided it meets the profile set by D-ICT Solutions and this has been made known at the time of cancellation, with the exception of exam bookings.

14.5 In case of cancellation from 1 week before the start date of a course / training, 100% of the

training fee payable.

14.6 If there are such exceptional circumstances that payment of the cancellation costs would be unacceptable according to standards of reasonableness and fairness, a motivated request can be submitted to D-ICT Solutions, which reserves the right to request written proof.

In such a case, the cancellation costs will be limited to € 100, in addition 100% of the training price for the training / training days already followed will be charged.

14.7 The cancellation costs are immediately due and payable.

Article 15: Copyright

All rights of the material provided by D-ICT Solutions remain with it.

Nothing from the publication (s) may be reproduced, stored in an automated data file or

made public in any form or by any means, whether electronic, mechanical, by photocopying,

recordings or in any other way without prior written permission from D-ICT Solutions

It is not permitted to make the material available to third parties without the express permission of D-ICT Solutions.

Article 16: Liability

16.1 The liability of D-ICT Solutions is in all cases limited to the amount that D-ICT Solutions has charged the client for the relevant education / training.

16.2 In the event of liability of D-ICT Solutions, only damage caused directly by D-ICT Solutions' error is eligible for compensation; consequential damage (including loss of income and business interruption) is therefore excluded.

16.3 D-ICT Solutions is only liable for errors or misconduct of third parties engaged by D-ICT Solutions if D-ICT Solutions could and should have foreseen such errors or misconduct when engaging these third parties.

16.4 Any claims for damages must be made within two months after the

damage has become known to have been brought in court.

16.5 The liability regulation in this article does not apply if and insofar as it is in conflict with the rules of mandatory law.

Article 17: Personal registration
Personal data is processed in a proper and careful manner in accordance with the law and various accreditation bodies.

Article 18: Vouchers

The participant may only redeem one valid company-related voucher prior to the education / training; this redemption is explicitly applicable to the service provided excluding all materials and exams and may not be redeemed in combination with other promotions and discounts.

Article 19: VAT

The maximum VAT rate applies to all deliveries of education, training, materials or services.

Article 20: Law and disputes

These conditions are exclusively governed by Dutch law. Only the Dutch court in Amsterdam has jurisdiction to settle disputes.

Article 21: Other information

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info@dictsolutions.com

+ 31 (0) 20-2050324

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