General terms and conditions – Customised services
Article 1: Applicability
1.1 These General Terms and Conditions apply to all offers and agreements relating to the execution of customised assignments, to the exclusion of any general terms and conditions of the client.
1.2 By placing an assignment, the client accepts these General Terms and Conditions.
Article 2: Definitions
In these General Terms and Conditions, the following definitions apply:
Contractor: DOOR Training & Coaching or the DOOR franchisee applying these terms and conditions.
Client: The counterparty of the contractor.
Customised Assignment: An assignment designed by the contractor at the request of the client, in consultation with the client.
Work: The entirety of the activities agreed between the contractor and the client, as well as the materials supplied by the contractor in connection with these activities.
Article 3: Offers
3.1 All offers are without obligation, unless the contractor has expressly stated otherwise. All offers are based on the information provided by the client during the intake and/or preparatory discussions, which the contractor assumes to be correct.
3.2 The offer includes a detailed description of the work to be performed and the materials to be supplied.
3.3 The offer states the date on which the work can commence and includes an indication of the duration of the work, provides insight into the price and the pricing method to be applied, and specifies the method of payment.
Article 4: Prices
4.1 All prices quoted by the contractor are exclusive of VAT, unless expressly stated otherwise.
Article 5: Formation of the agreement
5.1 An agreement is formed upon acceptance of the assignment. Such acceptance is evidenced by the written confirmation by the contractor and the signing of the offer by the client, or by the contractor having commenced performance of the agreement.
Article 6: Performance of the assignment
6.1 If the contractor is unable to perform due to circumstances that were not known to the contractor at the time the agreement was concluded, the contractor is entitled to amend the agreement in such a way that performance becomes possible.
6.2 The contractor is entitled to suspend performance of its obligations if, as a result of changes in circumstances that could not reasonably have been foreseen at the time the agreement was concluded and that are beyond its control, the contractor is temporarily prevented from fulfilling its obligations.
6.3 If the contractor has performed inadequately, this shall not lead to a refund of the agreed price. Instead, the contractor, a fellow franchisee, or a trainer employed by DOOR Training & Coaching shall re-perform the assignment. In that case, the contractor shall only charge accommodation costs and, where applicable, new material costs again.
6.4 If re-performance of the assignment is not possible or if it is again performed inadequately, any liability of the contractor shall be expressly limited to an amount equal to the amount charged to the client in respect of that agreement, or that could have been charged. Any further liability is expressly excluded, insofar as this is not contrary to mandatory law.
6.5 The contractor excludes all liability for damage resulting from acts or omissions of a subordinate or independent auxiliary person engaged by the contractor in the performance of the assignment, insofar as this is not contrary to mandatory law.
Article 7: Cancellation
7.1 The client may cancel an assignment. If cancellation takes place no later than one month prior to the agreed date of execution of the assignment, the client shall owe 50% of the agreed price. In the event of later cancellation, the client shall owe the full agreed price.
7.2 Cancellation of an assignment must be made in writing.
Article 8: Engagement of third parties
8.1 The involvement or engagement of third parties by the contractor in the performance of an assignment shall take place only after consultation with and with the consent of the client.
Article 9: Payment
9.1 The client must pay the contractor’s invoices within 14 days of the invoice date.
9.2 If the payment term is exceeded, the client shall be in default. From the date the default commences, the client shall owe contractual interest on the outstanding amount at a rate of 1% per month, with part of a month being regarded as a full month.
9.3 If the client is in default, the contractor reserves the right to exclude the client’s participants from follow-up assignments.
9.4 If the client is in default with payment or with the fulfilment of any other obligation under an agreement, the contractor is entitled, without judicial intervention, to wholly or partially dissolve the agreement, without prejudice to the contractor’s right to claim damages.
9.5 Both the contractor and the client are entitled to terminate this agreement with immediate effect if the other party has applied for suspension of payments or has been declared bankrupt, or—if the client is a natural person—has been placed under guardianship or has died.
9.6 All extrajudicial collection costs—amounting to a minimum of 15% of the outstanding amount—shall be borne in full by the client. These costs shall also include the costs of lawyers, bailiffs and debt collection agencies, determined in accordance with the applicable or customary rates.
Article 10: Intellectual property & DOOR Academy
10.1 Without the prior written consent of the contractor, the client is prohibited from transferring, showing or otherwise making available to third parties any designs, images, drawings, models, software, quotations, texts, exercises and similar materials provided by the contractor (hereinafter referred to as “materials”).
10.2 Unless agreed otherwise, the copyright and all other intellectual property rights relating to these materials shall remain with the contractor.
10.3 The client is obliged to return the materials to the contractor at first request, subject to a penalty of €450 per day.
10.4 Without the prior written consent of the contractor, the client is not permitted to copy, distribute or otherwise make available materials from the online environment (DOOR Academy) via other online platforms. Login credentials for the DOOR Academy may only be used by the person or persons to whom these credentials have been issued.
Article 11: Confidentiality
11.1 Information relating to the assignment shall not be disclosed to third parties by the contractor without the client’s consent.
Article 12: Applicable law and competent court
12.1 Dutch law shall apply to all offers and agreements relating to the execution of assignments.
12.2 Any disputes arising from or related to an offer made to, or an agreement with, the client shall be submitted to the competent court in Rotterdam.
Article 13: Newsletter and other promotional materials
13.1 By accepting this assignment, you agree to receive our newsletter and other promotional materials. Our newsletter provides valuable information about products, exclusive offers, company updates and relevant industry insights. We aim to send newsletters or other promotional materials on a weekly or monthly basis.
You may unsubscribe from our newsletter and other promotional materials at any time by clicking the “Unsubscribe” link at the bottom of each email or by contacting us via info@doortraining.nl. If you have any questions about your assignment or about our newsletter subscription, please do not hesitate to contact us.
General terms and conditions – Open DOOR Training programmes
Article 1: Applicability
1.1 These General Terms and Conditions apply to all offers and agreements relating to the execution of assignments, to the exclusion of any general terms and conditions of the client.
1.2 By placing an assignment, the client accepts these General Terms and Conditions.
Article 2: Definitions
In these General Terms and Conditions, the following definitions apply:
Contractor: The provider/seller applying these terms and conditions.
Client: The counterparty of the contractor.
Open DOOR Calendar: An annual overview published by DOOR Training & Coaching of the Open DOOR Training Programmes provided by DOOR.
Open DOOR Training Programme: A training programme listed in the Open DOOR Calendar.
Seminar: A seminar to be organised by the contractor.
Open DOOR Assessment: An assessment to be carried out by DOOR Training & Coaching.
Open DOOR Assignment: An assignment to be carried out by the contractor, in the broadest sense of the term.
Article 3: Registrations
3.1 Registration for an Open DOOR Assignment shall take place by submitting a registration form provided by the contractor or by telephone via the DOOR Support Team of DOOR Training & Coaching, which will subsequently confirm the registration in writing. A registration shall be regarded as an invitation to make an offer.
Article 4: Offers
4.1 All offers are without obligation, unless the contractor has expressly stated otherwise. All offers are based on the information provided by the client at the time of registration, which the contractor assumes to be correct.
Article 5: Formation of the agreement
5.1 An agreement is formed upon acceptance of the assignment. Such acceptance is evidenced by the written confirmation of the offer by the contractor, or by the contractor having commenced performance of the agreement.
Article 6: Prices
6.1 All prices quoted by the contractor are exclusive of VAT. The prices stated in the Open DOOR Calendar are per person and include lunches, coffee/soft drinks and training materials, and are exclusive of VAT.
Article 7: Performance of the assignment
7.1 If the contractor is unable to perform due to circumstances that were not known to the contractor at the time the agreement was concluded, the contractor is entitled to amend the agreement in such a way that performance becomes possible.
7.2 The contractor is entitled to suspend performance of its obligations if, as a result of changes in circumstances that could not reasonably have been foreseen at the time the agreement was concluded and that are beyond its control, the contractor is temporarily prevented from fulfilling its obligations.
7.3 If the contractor has performed inadequately, this shall not lead to a refund of the agreed price. Instead, the contractor shall re-perform the assignment. In that case, the contractor shall only charge accommodation costs and, where applicable, new material costs again.
7.4 If re-performance of the assignment is not possible or if it is again performed inadequately, any liability of the contractor shall be expressly limited to an amount equal to the amount charged to the client in respect of that agreement, or that could have been charged. Any further liability is excluded, insofar as this is not contrary to mandatory law.
7.5 The contractor excludes all liability for damage arising from or related to any unlawful act or omission or any failure in the performance of an obligation by a subordinate or independent auxiliary person engaged by the contractor in the performance of the assignment, insofar as this is not contrary to mandatory law.
Article 8: Cancellation and amendments
8.1 The contractor is entitled to cancel an assignment if the minimum number of registrations required for proper execution of the assignment, as assessed by the contractor, is not reached. Such cancellation shall not give rise to any liability for damages on the part of the contractor.
8.2 The client may cancel an assignment. If cancellation takes place within four weeks prior to the agreed date of execution of the assignment, the client shall owe 100% of the agreed price.
8.3 Cancellation of an assignment must be made in writing.
8.4 In the event that a participant is unable to attend, the client is entitled to send a replacement up to two weeks prior to the start of the training programme.
8.5 In the event that a participant is unable to attend an Open DOOR Training Programme, the participant is entitled, on a one-off basis, to register for a subsequent Open DOOR Training Programme. If notice of non-attendance is given within four weeks prior to the agreed date of the Open DOOR Training Programme, the client shall owe the contractor, in addition to the agreed training fee, a one-off fee equal to 5% of the training fee.
8.6 The contractor reserves the right to make organisational and substantive changes to an Open DOOR Training Programme, an Open DOOR Assessment or a Seminar.
Article 9: Engagement of third parties
9.1 The engagement or involvement of third parties by the contractor in the performance of an assignment shall take place only after consultation with and with the consent of the client.
9.2 The provision set out in paragraph 1 shall not apply to seminars.
Article 10: Payment
10.1 The client must pay the contractor’s invoices within 14 days of the invoice date.
10.2 If the payment term is exceeded, the client shall be in default. From the date the default commences, the client shall owe contractual interest on the outstanding amount at a rate of 1% per month, with part of a month being regarded as a full month.
10.3 If the client is in default, the contractor reserves the right to exclude the client’s participants from follow-up assignments.
10.4 If the client is in default with payment or with the fulfilment of any other obligation under an agreement, the contractor is entitled, without judicial intervention, to wholly or partially dissolve the agreement, without prejudice to the contractor’s right to claim damages.
10.5 Both the contractor and the client are entitled to terminate this agreement with immediate effect if the other party has applied for suspension of payments or has been declared bankrupt, or—if the client is a natural person—has been placed under guardianship or has died.
10.6 All extrajudicial collection costs—amounting to a minimum of 15% of the outstanding amount—shall be borne in full by the client. These costs shall also include the costs of lawyers, bailiffs and debt collection agencies, determined in accordance with the applicable or customary rates.
Article 11: Intellectual property & DOOR Academy
11.1 Without the prior written consent of the contractor, the client is prohibited from transferring, showing or otherwise making available to third parties any designs, images, drawings, models, software, quotations, texts, exercises and similar materials provided by the contractor (hereinafter referred to as “materials”).
11.2 Unless agreed otherwise, the copyright and all other intellectual property rights relating to these materials shall remain with the contractor.
11.3 The client is obliged to return the materials to the contractor at first request, subject to a penalty of €450 per day.
11.4 Without the prior written consent of the contractor, the client is not permitted to copy, distribute or otherwise make available materials from the online environment (DOOR Academy) via other online platforms. Login credentials for the DOOR Academy may only be used by the person or persons to whom these credentials have been issued.
Article 12: Confidentiality
12.1 Information relating to the assignment shall not be disclosed to third parties by the contractor without the client’s consent.
Article 13: Applicable law and competent court
13.1 Dutch law shall apply to all offers and agreements relating to the execution of assignments.
13.2 Any disputes arising from or in connection with an offer made to, or an agreement with, the client shall be submitted to the competent court in Rotterdam.
Article 14: Newsletter and other promotional materials
14.1 By accepting this assignment, you agree to receive our newsletter and other promotional materials. Our newsletter provides valuable information about products, exclusive offers, company updates and relevant industry insights. We aim to send newsletters or other promotional materials on a weekly or monthly basis.
You may unsubscribe from our newsletter and other promotional materials at any time by clicking the “Unsubscribe” link at the bottom of each email or by contacting us via info@doortraining.nl. If you have any questions about your assignment or about our newsletter subscription, please do not hesitate to contact us.