Terms and Conditions
Say Cheese Education
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Article 1. Definitions
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In these general terms and conditions, the following definitions apply.
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Say Cheese Education: The user of these general terms and conditions, established in Alkmaar, registered with the Dutch Chamber of Commerce under number 97234532.
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Client: Any legal entity or natural person acting in the course of a business or profession, who enters into an agreement with Say Cheese Education.
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Participant: Any natural person designated by the client to participate in the services. The participant is not a contracting party to the agreement.
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Agreement: The agreement between the client and Say Cheese Education for the provision of services.
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Services: All courses, training sessions, live lessons, workshops, coaching, feedback sessions, online learning environments, and all accompanying digital content provided by Say Cheese Education as part of the services.
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Fees: The amounts owed by the client to Say Cheese Education under the agreement.
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Article 2. Applicability
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2.1 These terms and conditions apply to all offers, quotations, agreements and services provided by Say Cheese Education.
2.2 These terms and conditions apply exclusively to business-to-business relationships. Consumer law does not apply.
2.3 Deviations from these terms and conditions are only valid if expressly agreed in writing.
2.4 Say Cheese Education reserves the right to amend these terms and conditions at any time. Amendments apply to existing agreements from the moment they are communicated to the client.
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Article 3. Formation of the Agreement
3.1 An agreement is concluded when the client accepts an offer or quotation from Say Cheese Education in writing or electronically.
3.2 Oral agreements are only binding after written confirmation by Say Cheese Education.
3.3 The scope, duration and content of the services are determined by the agreement.
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Article 4. Nature of the Agreement
4.1 The agreement is concluded between professional parties. No statutory right of withdrawal or cooling-off period applies.
4.2 Digital content and learning environments provided by Say Cheese Education are inseparable from the services and are not supplied as standalone products.
Article 5. Provision of Services
5.1 Services are provided digitally and/or online, unless expressly agreed otherwise.
5.2 Dates, times, duration and delivery format of the services are agreed in advance.
5.3 The client is responsible for ensuring that participants are available and adequately equipped to participate.
5.4 Absence of participants does not entitle the client to a refund or replacement of services.
5.5 Say Cheese Education reserves the right to reschedule services in case of illness, technical issues or other unforeseen circumstances. In such cases, an alternative date will be offered.
5.6 In the event of force majeure as defined in Article 6:75 of the Dutch Civil Code, Say Cheese Education is not liable for compensation.
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Article 6. Fees and Payment
6.1 All prices are stated in euros and exempt from VAT under the Dutch Small Businesses Scheme (KOR), unless stated otherwise.
6.2 Invoices are sent digitally and must be paid within 14 days of the invoice date, unless agreed otherwise in writing.
6.3 Payment must be completed before the start of the services, unless agreed otherwise.
6.4 In the event of late payment, the client is legally in default without further notice.
6.5 All judicial and extrajudicial collection costs incurred due to late payment shall be borne by the client.
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Article 7. Cancellation and Termination
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7.1 Cancellation by the client must be submitted in writing.
7.2 Unless agreed otherwise in writing:
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Cancellation more than 30 days before the start of the services: no fees due
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Cancellation between 30 and 14 days before the start: 50% of the agreed fees are due
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Cancellation within 14 days before the start or after commencement: 100% of the agreed fees are due
7.3 Early termination of an ongoing agreement does not entitle the client to a refund.
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Article 8. Obligations of Say Cheese Education
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8.1 Say Cheese Education provides professional language and cultural training for business purposes.
8.2 Services are performed with due care and professional expertise.
8.3 Say Cheese Education has an obligation of effort, not an obligation of result, unless expressly agreed otherwise in writing.
Article 9. Obligations of the Client
9.1 The client guarantees that all information provided to Say Cheese Education is accurate and complete.
9.2 The client is responsible for informing participants about the applicable terms and conditions.
9.3 The client remains fully responsible for the conduct and participation of participants.
9.4 The client ensures that participants comply with reasonable instructions given by Say Cheese Education.
Article 10. Use and Results
10.1 Use of the services and learning environments is at the client’s and participant’s own risk.
10.2 Results depend on multiple factors, including effort, starting level and learning environment.
10.3 No guarantees are given regarding learning outcomes, proficiency levels or certifications, unless expressly agreed in writing.
Article 11. Communication
11.1 All official communication takes place electronically, primarily via email.
11.2 Requests, changes and cancellations must be submitted in writing.
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Article 12. Liability
12.1 Say Cheese Education is only liable for direct damage resulting from intent or gross negligence.
12.2 Any liability is limited to the amount invoiced for the relevant agreement.
12.3 Say Cheese Education is not liable for indirect damage, including but not limited to loss of profit, business interruption or consequential damage.
12.4 Say Cheese Education is not liable for damage caused by participants or third parties engaged by the client.
Article 13. Complaints and Disputes
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13.1 Complaints regarding the execution of the agreement must be submitted in writing within a reasonable time after discovery.
13.2 Say Cheese Education will respond to complaints within 14 days.
13.3 If a dispute cannot be resolved amicably, it shall be submitted to the competent court as described in Article 17.
Article 14. Personal Data
14.1 Say Cheese Education processes personal data in accordance with applicable data protection legislation.
14.2 Personal data is used solely for the execution of the agreement and legal obligations.
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Article 15. Intellectual Property and Use of Learning Environments
15.1 All methodologies, structures, formats, feedback, explanations, instructional approaches and content used by Say Cheese Education remain the exclusive intellectual property of Say Cheese Education.
15.2 Access to online learning environments is granted solely for the duration and purpose of the agreed services.
15.3 Say Cheese Education reserves the right to modify, restrict or revoke access to its online learning environments after completion or termination of the services.
15.4 The client and participants are not permitted to copy, reproduce, record or structurally document the content, structure or instructional approach of the learning environments for reuse outside the scope of the agreed services.
15.5 Feedback, guidance and explanations provided by Say Cheese Education are personal, contextual and non-transferable.
15.6 Intellectual property rights to participant-generated content remain with the participant. Say Cheese Education may use such content solely for educational and evaluative purposes within the scope of the services.
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Article 16. Applicable Law
All agreements between Say Cheese Education and the client are governed exclusively by Dutch law.
Article 17. Competent Court
The competent Dutch court has exclusive jurisdiction to hear all disputes arising from the agreement.