AVG / GDPR
General Terms & Conditions
General Terms and Condition of Renaissance Soul (trademark of Odin Productions). These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.
1. Definitions / 2. Applicability of these conditions / 3. Offers / 4. Assignments and cancellation / 5. Implementation of an agreement for guidance / 6. Cancellation / 7. Complaint Periods / 8. Payments / 9. Force Majeure
In these general terms and conditions the following terms have the following meanings:
- RS: The professional who operates under the name of Renaissance Soul.
- The client: The legal entity that issues the assignment .
- The agreement: the agreements between the client and RS.
2. Applicability of these conditions
- These conditions apply to every offer and every agreement between RS and the client to which the parties have declared these conditions applicable, insofar as the parties have not deviated from these conditions expressly and in writing.
- The present terms and conditions also apply to all agreements with RS for the implementation of which third parties must be involved.
- The quotations made by RS are without obligation; they are valid for 14 days, unless stated otherwise. RS is only bound by the offers if their acceptance is confirmed in writing by the other party within 14 days.
- The client has a reflection period of 7 days. This means that the client can withdraw a signed order confirmation (quotation) within 7 days, without additional costs.
- The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise.
- Offers are based on the information available at RS and / or its associate (s).
4. Assignments and cancellation
- A quotation becomes an assignment as soon as the quotation has been confirmed.
- If an assignment, or part thereof, is withdrawn within 48 hours before the start of its execution, the client will be charged 100% of the time and costs reserved for the execution.
- If an assignment, or part thereof, is withdrawn within three days (73 hours) before the start of its execution, the client will be charged 50% of the time and costs reserved for the execution.
- If an assignment, or part thereof, is withdrawn within one week before the start of its execution, the preparatory work that was necessary for the execution of the assignment will be charged to the client.
5. Implementation of an agreement for guidance
- RS will execute the agreement in accordance with the guidelines and rules of conduct of the FNV ZZP and to the best of its knowledge, ability and in accordance with the requirements of good workmanship.
- If and insofar as required for the proper execution of the agreement, RS has the right to have certain activities performed by third parties. This will always be done in consultation with the client.
- The client will ensure that all information of which RS indicates that it is necessary or of which the client should reasonably understand that it is necessary for the performance of the agreement is provided to RS in a timely manner. If the information required for the execution of the agreement has not been provided to RS on time, RS has the right to suspend the execution of the agreement and / or to charge the additional costs resulting from the delay to the client according to the usual rates.
- The contractor is not liable for damage, of whatever nature, due to the fact that RS has assumed incorrect and / or incomplete information provided by the client, unless it should have been aware of this inaccuracy or incompleteness.
- Both parties can terminate the agreement in writing at any time. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 1 month.
7. Complaint periods
- Complaints about the work performed must be reported to RS in writing by the client within 8 days after discovery, but no later than 14 days after completion of the work in question.
- RS will confirm this within 8 days after receipt of the complaint, stating the contact person. Furthermore, the complaint will be dealt with as quickly as possible and will be treated in confidence.
- If a complaint is well-founded, RS will still perform the work as agreed; unless this has meanwhile become demonstrably pointless for the client. The latter must be made known in writing by the client.
- If it is no longer possible or useful to provide the agreed services as yet, RS will only be liable within the limits of Article 16. 5. In case of disputes, the complainant can turn to the independent complaints committee of the FNVZZP. RS submits to their complaints procedure.
- Payments must be made online through the webshop in the currency in which the product is presented, unless otherwise agreed.
- In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of the RS and the obligations of the client towards the contractor will be immediately due and payable.
- Payments made by the client always serve to settle in the first place all interest and costs owed, in the second place of due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
- In the case of reimbursement of amounts credited by RS, a payment term of a maximum of 60 days will be applied.
9. Force majeure
- In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which RS cannot exert influence, but as a result of which RS is unable to fulfill its obligations. This includes strikes in the company of RS, pandemics, sickness of the owner of RS.
- RS also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after RS should have fulfilled its obligation.
- During force majeure, RS’ obligations are suspended. If the period in which fulfillment of the obligations by RS is not possible due to force majeure lasts longer than 7 months, both parties are entitled to dissolve the agreement without there being an obligation to pay compensation in that case.
- If RS has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already executed or executable part and the client is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already performed or executable part has no independent value.
10. Standard Terms for the Purchase of Online and Taught Courses
- These terms and conditions apply to Services provided by Renaissance Soul. You may contact us on firstname.lastname@example.org. These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records. If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:
- 1. Course Specific Terms and Conditions;
- 2. These Standard Terms for the Purchase of Online and Taught Courses;
- 3. Website Disclaimer.
- For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
10. Definitions for the Purchase of Online and Taught Courses
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Renaissance Soul to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Renaissance Soul for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services online you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
Purchasing Services via the Telephone
3.2. To purchase a Service over the telephone please call +31 85 0041553. You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your course online.
3.3. When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. Renaissance Soul reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Courses or multiple Taught Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.7. Renaissance Soul does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by Fitch Learning Ltd.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Renaissance Soul.
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Renaissance Soul shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Renaissance Soul aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Renaissance Soul total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Renaissance Soul liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Dutch law may not be limited or excluded.
6.6. No claim may be brought more than three months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Renaissance Soul or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Renaissance Soul on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Renaissance Soul, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- are intoxicated through alcohol or illegal drugs while on our premises;
- commit any criminal offence committed on our premises or where the victim is our employee or student;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Renaissance Soul shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.