- Terms & Conditions (General)
Below you will find the general Terms & Conditions for Chi Skills. If you want to use any of our products or services, including our websites or other online spaces, you must agree to, conform to and be legally bound by the terms and conditions described below. These terms and conditions were last updated on November 2021. If you disagree with any of these terms and conditions, please do not use this website.
- Definitions and applicability
1.1 These terms and conditions have been drafted by Chi Skills, offices located at Duke Ellingtonrode 34, Zoetermeer, Netherlands, registered under Chamber of Commerce number ....
1.2 Deviations from and additions to these general terms and conditions are only valid if agreed upon, in writing, by all parties involved.
1.3 In these terms and conditions, the following terms are to be understood under their subsequent definition:
- Client: the natural or legal person who has instructed the contractor to supply or manufacture goods or services;
- Contractor: the applier of the general conditions, in this case Chi Skills, offices located at Duke Ellingtonrode 34 Zoetermeer, registered under Chamber of Commerce number ...
1.4 The applicability of any alternate purchase conditions or other conditions of the customer is explicitly rejected.
1.5 Any and all electronic communication and/or faxes are regarded as written documents. Electronic data traffic is defined as messages sent by e-mail, Web, EDI (Electronic Data Interchange) and comparable forms of data transmission.
1.6 A client who enters a contract under the Terms & Conditions as they exist at the time of agreement, accepts the applicability of these conditions to subsequent agreements between contractor and client.
1.7 If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions of these terms and conditions will remain unaffected. Contractor and Client will, in that case, enter into consultations with the aim of agreeing on new provisions to replace the invalid provisions, whereby the purpose and intent of the invalid or void provisions are to be observed as much as possible.
1.10 These terms and conditions are subject to change. If and when any changes are made, they are effective immediately, and communicated clearly on the website. If you disagree with the changes that have been made, you should not use our website.
1.11 We may terminate these terms and conditions for any reason and at any time without prior notification. If you are concerned about these terms and conditions, you should read them each time before you use our website. Any questions or concerns should be brought to our attention via e-mail, clearly outlining the particulars.
- Offer and Acceptance
2.1 We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and supervision of a parent or legal guardian. If you are a minor, please do not disclose any personal information to us or any other website visitors without with the permission and supervision of a parent or legal guardian.
2.2 You understand and agree that your use of our website is limited and non-exclusive. We may terminate your license to access and use our website, for any reason, and without prior notification.
2.3 All offers and other statements by the Contractor are non-committal, unless explicitly stated in writing by the Contractor.
2.4 The Client is responsible for the accuracy and completeness of information provided to the Contractor, (by the Contractor, and/or on behalf of the Contractor. The Contractor will put together offers based on this information. The Client must always make sure that the requirements that are to be met by the Contractor are clear, accurate and complete.
2.5 The (mere) submission of a pricing, an estimate, a preproduction estimate or similar information, with or without a quotation, does not oblige the Contractor to enter into agreement with the Client.
2.6 Registration via the website only leads to an agreement if the entry form is completed and the full payment received by the Contractor.
2.7 Participants are registered on a first-come, first-served basis. If the maximum number of participants has been reached, the Contractor is free to refuse the Client’s application, and may offer an alternate activity. The Contractor is not obliged to compensate any damages incurred by the client.
- Price and payment
3.1 All prices are exclusive of sales tax (VAT) and other charges imposed by the government, unless explicitly stated otherwise. All prices are in Euros, and the customer must effect all payments in Euros, unless agreed upon otherwise.
3.2 All cost estimates and budgets issued by the Contractor are provisional, unless explicitly stated otherwise by the Contractor. A Client cannot lay claim to any rights or expectations based on cost estimates issued by the Contractor. The available budget, calculated by the Client and communicated to the Contractor, cannot be regarded as the agreed upon price for the services to be performed by the Contractor. The Contractor is obliged to notify the Client in the event that costs exceed the estimate or budget issued by the Contractor, unless a written agreement to the contrary has been reached between the parties.
3.3 If the client consists of several natural persons and/or legal persons, each of those persons are jointly and severally obliged under the agreement to pay the amounts due.
3.4 With regard to the services performed by the Contractor, and the amount owed by the Client, the relevant documents and information from the administration or systems of the Contractor will be regarded as complete evidence, without prejudice to the right of the client to provide proof to the contrary.
3.5 Payments are to be completed all at once, unless expressly agreed upon otherwise in writing.
3.6 If Client and Contractor have come to an agreement with regard to payment in installments or on-going recurring payments, the contractor is within rights to adjust the relevant prices and rates with a 60 day notice prior to this adjustment. If the Client does not accept the adjustment, the Client is entitled to termination of the agreement in writing. The Client must object within 30 days of being notified of the agreement. The agreement will be terminated on the date on which the adjustment would have come into effect. The client is not entitled to termination, however, if the parties have agreed in writing that the applicable prices and rates shall be adjusted in compliance with an agreed upon index or other measure.
3.7 The parties shall set the date or dates on which the Contractor will charge the Client with the fee for the agreed upon services. Amounts due shall be paid by the Client according to the agreed upon conditions, or the payment conditions listed on the invoice. In the absence of a specific provision, the Client shall pay the fee within a set period of time after the invoice date, as determined by the Contractor.
3.8 The Client is not permitted to suspend any payments or to offset any amounts owed.
3.9 In case of a prepayment, the Contractor is entitled to deliver at the time of the prepayment
3.10 In case of liquidation, bankruptcy or suspension of payment of the Client, or the filing of a request under the WSNP (Debt Restructuring Cases), the principal obligations of the principal are due at once.
3.11 If the total amount due has not been paid within 14 days after the invoice date, the client shall, without any warning or notice of default, pay a contractual interest rate of 1.5% per month on top of the outstanding amount.
3.12 If the Client after a notice of default or reminder fails to pay within the period specified in the notice, the Contractor may relinquish the claim, in which case the Client is responsible for all judicial and extrajudicial costs, in addition to the amount originally owed for the service and/or product, including all costs as calculated by external experts. The extrajudicial costs are set at 15% of the amount due, including interest and compensation.
4.1 The Client and the Contractor shall ensure that all data received from the other party that is known to be, or should reasonably be known to be, confidential, is to remain secret. The party receiving the confidential information shall only use it for its designated purpose. Information shall in any event be considered confidential if one of the parties has marked it as such in advance.
- Intellectual property rights
5.1 All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content, and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail.
5.2 The Contractor continues to be the sole proprietor of all property rights surrounding all documents submitted by the Contractor, including drawings, models, materials, designs, illustrations, photographs, films, procedures, methods, texts, or any other common audiovisual, visual or written documents or data carriers.
5.3 If you believe that your intellectual property rights have been infringed upon, please notify us by e-mail, or by post. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
5.4 Unless otherwise agreed upon in writing, the Client does not have a claim to (intellectual) property rights of documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual and/or written documents or data carriers made available by the Contractor as part of the agreement. The Contractor does not transfer any IP Rights to the Contractor, unless stated otherwise. The Client may not record, publish, copy or make public any content developed by the Contractor, unless agreed in writing.
5.5 The Client will provide instant cooperation to enable the deposit of (intellectual) property rights by the Contractor. If desired by Contractor, (intellectual) property rights are surrendered by the Client as part of the agreement, and/or are made available so that these (intellectual) property rights may be obtained by the Contractor for further use.
5.6 If the transfer of (intellectual) property rights by the Client to the Contractor is not legally possible, the Contractor hereby grants an unrestricted, royalty-free, transferable and non-exclusive license, for the sole purpose of the completion of said transfer, and only for the duration of the agreement. If the parties have not agreed on a duration, the Client grants the Contractor aforementioned license indefinitely. The license goes into effect at the conclusion of the agreement.
5.7 Unless otherwise agreed upon in writing, (intellectual) property rights of documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual and/or written documents, or data carriers made available by the Contractor, are not transferred to the Client. The Client is not permitted to record, reproduce, or disclose any of the aforementioned (intellectual) property without written permission by the Contractor. Copyright Chi Skills.
5.8 Unless otherwise agreed upon in writing, or integral to the proper consummation of the agreement, the Client is not allowed to advertise the Contractor’s trade name externally in any way.
5.9 All provisions above, regarding the rights and obligations of the Client with respect to the (intellectual) property rights of the Contractor, apply equally to the (intellectual) property rights of Chi Skills.
6.1 The Contractor may change any set dates and times at any time.
6.2 The Client must check the start time 24 hours before the activity is set to begin.
6.3 The Contractor is not liable for any damage and/or injury sustained by the Client. Nor is the Contractor obliged to refund the payments made by the Client and agreed upon in the contract.
6.4 The Contractor is within rights to modify the contract in case of extreme circumstances, for example in case of emergencies.
- Dissolution, termination and cancellation of the agreement
7.1 Each party is entitled to termination of the agreement when relevant particulars of the agreement have not been met in full, provided that the other party —after having been provided a detailed written notice of default, stating a reasonable time period for remedying the failure— attributable fails to fulfill essential obligations from the agreement Payments and other obligations that remain due in accordance with the agreement, and always regarded a essential obligation.
7.2 If, at the time of the termination referred to in Article 7.1, the Client has already acquired the services agreed upon in the contract, then these services and the associated monetary obligations cannot be revoked, unless the Client can prove that the Contractor is in default for a substantial amount of the agreed services. Payments invoiced by the Contractor prior to the dissolution of the agreement, and pertaining to services that have already been properly supplied, remain due and payable at once at the time of dissolution.
7.3 Any failure in the implementation of the agreement on the part of the Contractor is to be reported by the Client as soon as possible. Failings or inadequacies occurring during the activity are to be reported at once. The report must be confirmed by the Client immediately upon conclusion of the activity. Other issues must be reported in writing by the Client within 14 days after their occurrence. All of the above is under penalty of loss of rights of the Client.
7.4 Agreement that does not have a set expiration date, and have not ended automatically by virtue of fulfillment of the requirements, may, after proper deliberation, be terminated by either party. Request for termination is to be made in writing, by clearly stating the reasons. If no notice was agreed upon between the parties, a reasonable period to submit the notice shall be observed. A reasonable notice for termination by the Contractor is a minimum of two months.
7.5 The Client is never authorized to prematurely end a service agreement or contract into which the Client entered for a fixed period of time.
7.6 The Contractor is entitled to terminate the agreement and cancel the activity if 3 days before the starting date of the activity less than the minimum number of participants signed up. If the contractor makes use of this power, then the Client will recover any payments. Nevertheless, the client is not entitled to interest or compensation for other damages.
7.7 In case of cancellation of an activity by the client up to 30 days before start of the event, the Client’s cancellation fee – owned to the contractor - amounts to 50% of the principal sum and any additional costs. In case of cancellation by the Client within 14 days of days of the start of the event, cancellation fee amounts to 100% of the principal sum and any additional costs.
7.8 Cancellation must be in writing.
7.9 Once a partial or full reimbursement has been agreed upon by both the Client and the contractor, it may take up to 7 days for the transaction to be processed.
8.1 The information on our website is provided on an ”as is,” and ”as available” basis. You agree that your use of our website is at your own risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
8.2 The technology required for participating our video course you need a solid internet connection. As a result, the system requires the most recent version of your browser, plugins and extensions. For best results we recommend the newest version of Google Chrome.
8.3 Information on our website should not necessarily be relied upon. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
8.4 If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
9.1 Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
9.2 You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions
- Force majeure
10.1 The Contractor is not obliged to fulfill any obligation, including any warranty obligation agreed upon between the parties, if the party is prevented from doing so due to a force majeure. Force majeure shall include: (i) force majeure of suppliers (ii) failure to properly fulfill obligations by suppliers arranged by the Client to the benefit of the Contractor, (iii) Deficiency software or materials of third parties whose use set by the Client to the Contractor, (iv) governmental actions, (v) electricity failure, (vi) internet, computer or telecommunication facilities malfunctioning.
10.2 The Contractor has the right to terminate the agreement in the event of a force majeure situation described above. The services already performed under the agreement, will be settled proportionately in that case, without the parties owing each other anything for the remainder.
- Obscene and offensive content
11.1 Any controversial content such as Pornography, X-Rated material, Hate, content that incites or encourages violence or illegal activities is not allowed on any of our online spaces. We reserve the right to make final determination on what shall deemed acceptable. Should you have a question about the nature of the content you wish to broadcast on any of our online spaces, please contact support directly.
11.2 If you are making video's/photos of your training activities and share it on the internet, we are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove any material posted on our websites.
- Transfer of rights and obligations
12.1 The Client is not entitled to sell and/or transfer the rights and / or obligations under the agreement to a third party, without the prior written consent of the Contractor.
12.2 The Contractor shall at all times be entitled to transfer claims to payment of fees to a third party.
- Applicable Law and Disputes
13.1 The agreements between Contractor and Client are governed by Dutch law. The Vienna Sales Convention 1980 is excluded.
13.2 All arbitration must occur in Holland. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the Dutch arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees
13.3 Disputes arising between the Contractor and the Client following an agreement between the Contractor and the Client or as a result of further agreements resulting therefrom shall be settled by the Amsterdam District Court.
- Severability of these terms and conditions
14.1 If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
If you disagree with any of these terms and conditions, please do not use OUR website, SOCIAL MEDIA OUTLETS, OR ANY OF OUR PRODUCTS AND SERVICES.
(We hope this is all common sense and not surprising in any way, and) If you find fault with any of our terms and conditions, or deem any part unclear in any way, please contact us [email protected]