General Terms and Conditions

Article 1. Applicability

 

These terms and conditions apply to every offer, quotation and agreement with Lean Six Sigma Groep, represented by Lean Six Sigma Groep BV, Chamber of Commerce number 57036926 or LSSG BV, Chamber of Commerce number 67312756. The applicability of the client’s general terms and conditions is hereby expressly rejected. Any deviations from these terms and conditions are only binding if they have been agreed upon in writing by both parties.

 

Article 2. Offers, quotations and execution of the agreement

 

1. Lean Six Sigma Groep’s quotations are without obligation. They remain valid for 15 days unless stated otherwise. Lean Six Sigma Groep is only bound by the quotations if both parties confirm the acceptance thereof in writing within 15 days unless otherwise indicated and without reservation or amendment.
2. All quotations are based on the information provided by the Client. The Client guarantees that it has provided all information essential for the quotation
3. Orders, agreements and understandings that come about without a prior quotation are only binding for Lean Six Sigma Groep if they have been confirmed by it in writing.
4. For online registrations, the registration confirmation serves as the order confirmation. If, due to circumstances, no registration confirmation has been sent, the invoice will be deemed an order confirmation.
5. Lean Six Sigma Groep will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of professional practice. All of the above is based on the state of the art known at the time. This obligation has the character of a “best-effort obligation”, because the achievement of the intended result cannot be guaranteed.
6. The Client ensures that all data, of which Lean Six Sigma Groep indicates that they are necessary or of which the Client should reasonably understand that they are necessary for the execution of the agreement, are provided to Lean Six Sigma Groep in a proper, complete and timely manner.
7. Changes to the agreement must be agreed in writing by the parties.
8. Each agreement is entered into by us under the condition precedent that the Client is sufficiently creditworthy for the agreement

 

Article 3. Invoicing and payment

 

1. Invoices for multi-day in-company training are submitted in 1 to 3 instalments, at the earliest six (6) weeks before the start of the training in accordance with the agreement.
2. Invoices must be paid to Lean Six Sigma Groep within 30 days of the invoice date, without appeal to set-off or discount and the first invoice at least before the start of the training.
3. Lean Six Sigma Groep will pay its received (credit) invoices within 30 days of delivery of the service unless otherwise agreed.
4. The prices and rates specified by Lean Six Sigma Groep or stated in the agreement are exclusive of VAT. VAT will be charged to the Client in accordance with the relevant provisions applicable at the time of invoicing.
5. If the Client fails to pay within the period of 30 days, the Client is legally in default and the service can be suspended. This does not affect the Client’s obligations to pay after the total amount due. The Client then owes a 1% interest per month, unless the statutory interest is higher, in which case the statutory interest applies as well as the judicial and extrajudicial costs of the collection process. The interest on the due and payable amount will be calculated from the moment that the Client is in default until the moment of full payment.
6. Lean Six Sigma Groep will keep records of the time spent and costs incurred by its employees within the context of the performance of the services, which will serve as evidence, subject to evidence to the contrary provided by the client.
7. Lean Six Sigma Groep can, without being in default, refuse a payment offer if the Client designates a different order for the allocation.
8. If the Client’s creditworthiness gives reason to do so, Lean Six Sigma Groep may require further security, otherwise Lean Six Sigma Groep has the right to suspend the execution of the agreement or dissolve the agreement.

 

Article 4. Complaints

 

1. Complaints about the work performed must be reported to Lean Six Sigma Groep by the Client forthwith. The detailed written confirmation of the notice of default must be received by Lean Six Sigma Groep within five (5) working days after discovery, but no later than 10 working days after completion of the relevant work, allowing Lean Six Sigma Groep to respond adequately.
2. A complaint as referred to in the first paragraph of this article does not suspend the Client’s payment obligation.

 

Article 5. Retention of title and intellectual property

 

1. Both parties must observe the confidentiality of all confidential information that they have obtained from each other or from another source within the context of their agreement. Information is deemed confidential if such has been communicated by the other party or if this follows from the nature of the information. Information is not deemed confidential if it is generally known, or information that was already available to one party before such information was received by it from the other party, or has been lawfully obtained from third parties.
2. All documents provided by Lean Six Sigma Groep, such as information, (teaching) materials and results, such as reports, advisory documents, agreements, designs, sketches, drawings, presentations, descriptions of (parts of) courses, training, workshops or conferences, etc. , are exclusively intended for use by the Client and may not be reproduced, disclosed or brought to the knowledge of third parties without the prior permission of Lean Six Sigma Groep, unless the nature of the documents provided dictates otherwise. The Client must keep or save the information, materials and results provided securely.
3. Without the prior written permission of Lean Six Sigma Groep, the Client is not permitted to organise nor give (parts of) courses, training, workshops or conferences insofar as information, materials and results of Lean Six Sigma Groep are used. Lean Six Sigma Groep is authorised to attach conditions to such permission, including the payment of a fee to Lean Six Sigma Groep.
4. The intellectual property rights of our materials are and remain our property, even if you have made adjustments to the material along the way.
5. Lean Six Sigma Groep reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
6. Violation of the above is subject to a penalty clause of € 10,000 for each violation without prejudice to our right to claim full compensation.

 

Article 6. Suspension and dissolution

 

1. Article 6. Suspension and dissolution
   1. the Client does not or does not fully comply with the payment obligations and/or other obligations under the agreement.
   2. after the conclusion of the agreement, Lean Six Sigma Groep becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations. If there is good reason to fear that the Client will only partially or not properly meet the payment obligations, the suspension is only permitted insofar as the failure justifies it.
   3. when concluding the agreement, the client was requested to furnish security for the fulfilment of its obligations under the agreement and this security is not provided or is insufficient.
2. Lean Six Sigma Groep is also authorised to dissolve the agreement (or have it dissolved) if circumstances arise of such a nature that fulfilment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
3. If the agreement is dissolved, the claims of Lean Six Sigma Groep against the Client are immediately due and payable. If Lean Six Sigma Groep suspends compliance with its obligations, it retains its claims under the law and the agreement.
4. If the execution of the agreement continues to progress after a suspension, any additional work resulting from the need to restart the work by Lean Six Sigma Groep will be reimbursed by the Client based on the time spent on this, costs incurred and the supervision costs incurred during the suspension.
5. Lean Six Sigma Groep always reserves the right to claim damages.

 

Article 7. Cancellation or rescheduling of open training

 

1. After registering for an open training, a cooling-off period of 14 days applies, within which you can cancel free of charge. This can only be done in writing or by email.
2. In the event of cancellation more than 4 weeks before the start of the first training day, no costs will be charged.
3. Upon cancellation between four and two weeks before the start of the training, 50% of the training costs will be charged, unless the training is cancelled within the cooling-off period referred to under 7.1.
4. Upon cancellation less than two weeks before the start of the first training day, 100% of the training costs will be charged, unless the training is cancelled within the cooling-off period referred to in 7.1.
5. No later than four weeks before the start of an open training, it will be determined based on the number of participants whether this training will take place. If there are fewer than four participants, we reserve the right to reschedule the training. In such an exceptional case, a suitable solution will be found in consultation with the registered participants.
6. Upon termination or interim interruption of the training or if the participant does not attend the training at all, no refund of (part of) the amount due and/or paid can be claimed. In special cases (force majeure and other calamities, at the discretion of the Lean Six Sigma Groep), it is possible to join another training at a subsequent stage. The costs already incurred for meeting packages will be additionally charged.
7. In case you cannot attend a multi-day training once or several times, you may attend during another training subject to availability. We will then charge € 75 excl. VAT per day for administrative costs and the meeting package.

 

Article 8. Cancellation or transfer of service assignment / in-company assignment

 

1. After placing a service order (in-company training, coaching, consultancy or other form of service), a cooling-off period of 8 working days applies, within which you may cancel free of charge.
2. The Client may cancel the guidance or training referred to in the agreement in whole or in part free of charge up to 2 months before commencement. In case of cancellation between 2 months and 14 days before commencement, 50% of the price will be charged.
3. Upon cancellation within a period of 14 days and after the commencement of the service assignment, the client will not be entitled to a reduction of the agreed amount.
4. Lean Six Sigma Groep does not charge any costs if the start date of the service assignment is rescheduled up to 4 weeks before the actual deployment, provided that the new date falls within 3 months.
5. If the starting date of the service assignment is rescheduled within 4 weeks before the agreed date, costs will be charged. These costs amount to at least 50% of the daily rate (4 weeks before the agreed date) and can climb to 100% of the daily rate (24 hours before the agreed date).
6. The Client will not be entitled to a reduction of the agreed fee if the Client fails to comply with agreements made. If the missed appointment is made up, it will be additionally charged against the rates applicable at that time.
7. If the transfer of the work entails additional costs for Lean Six Sigma Groep, these will be charged to the Client.

 

Article 9. Cancelling or rescheduling the exam

 

1. After registering for the exam (upon registration), a cooling-off period of 14 days applies, within which you may cancel free of charge. This can only be done in writing or by email.
2. Two exam moments are included in the registration for the exam.
3. In case of cancellation or rescheduling more than one week before the start of the first training day, no costs will be charged.
4. In case of cancellation or rescheduling less than one week before the start of the exam moment, one exam moment will be cancelled.
5. The Client will not be entitled to a reduction or refund of the agreed fee if the client fails to comply with agreements made.
6. If you want to make up for the missed exam moment, this will be additionally charged against the rates applicable at that time.

 

Article 10. Liability

 

1. Lean Six Sigma Groep makes every effort to carry out the assignment to the best of its knowledge and ability and guarantees a good quality of the executed work. However, the results also depend on other factors some of which Lean Six Sigma Groep cannot influence.
2. Lean Six Sigma Groep is only liable for any damage if the Client has demanded it to fulfill its obligations and it has nevertheless been negligent in complying with the obligations concerned. Complaints or claims regarding the service can be submitted in accordance with the complaints procedure. This can be found on Lean Six Sigma Groep’s website. The maximum liability of Lean Six Sigma Groep is limited to the amount of the fee for the assignment concerned. For assignments with a lead time beyond 3 months, a further limitation of the liability referred to here applies to a maximum of the invoice amount for the last 3 months.
3. The liability of Lean Six Sigma Groep for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption, is excluded.
4. Lean Six Sigma Groep is not liable for damage of any nature whatsoever, caused by Lean Six Sigma Groep relying on incorrect and/or incomplete information provided by the Client.
5. Unless the damage is caused by gross negligence or intent on the part of Lean Six Sigma Groep, the client will indemnify Lean Six Sigma Groep against all third-party claims, directly or indirectly related to the execution of the agreement by Lean Six Sigma Groep, and will compensate Lean Six Sigma Groep for all damage, including (legal) consultancy costs, suffered by Lean Six Sigma Groep as a result of such liability.

 

Article 11. Personal Data Protection Act

 

1. Pursuant to the Personal Data Protection Act, Lean Six Sigma Groep can inform the participant of a training that Lean Six Sigma Groep will include all data provided by the participant in its own records for internal use for the purpose of careful handling of registrations and training. Lean Six Sigma Groep does not sell any personal data to third parties.
2. Lean Six Sigma Groep uses its customer base to invite customers and relations to Leanspiration events with the aim of sharing knowledge about Lean Six Sigma. If customers indicate that they do not appreciate this, the data will be removed from the file.

 

Article 12. Applicable law

 

Dutch law applies to every agreement between the user and the client.