Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

BQA Academy: the company that offers training and education, directly or as an intermediary.

Client: the natural or legal person who enters into an agreement with BQA Academy.

Participant(s): the natural person who participates in a training course on behalf of the client.

Agreement: the agreement between BQA Academy and the Client with regard to the provision of training courses.

Training: a course, training, workshop or coaching organised by BQA Academy, whether physical, remote online, digital or e-learning or a combination of these.

Open Registration Training(s): A Training to which any Participant can register

In-Company Training(s): A Training in which BQA Academy has an explicit Agreement with a Client for the training for a select number of Participants.

Trainer(s): The person(s) who provide the Training on behalf of BQA Academy.

Article 2 – Applicability

2.1 These general terms and conditions apply to all quotations, agreements and deliveries of training courses by BQA Academy.

2.2 Deviations from these terms and conditions are only valid if they have been explicitly agreed in writing. In that case, such derogations also only apply to the articles to which they directly relate. All other terms and conditions remain in full force and effect.

2.3 Any purchase or other conditions of the client are expressly rejected.

Article 3 – Registration and confirmation

3.1 Registrations for training courses take place via the BQA Academy website, unless other agreements have been explicitly made about this as part of the Agreement for an In-Company Training.

3.2 In the case of an Open Registration, the Agreement is concluded immediately after confirmation of the registration by BQA Academy.

3.3 An offer will be issued for In-Company Training, after which the agreement will be concluded after written approval by BQA Academy and the Client

Article 4 – Rates, Prices and Payment

4.1 All rates and prices are exclusive of VAT, unless otherwise stated.

4.2 The rate for an Open Enrollment Training includes trainer fees, teaching materials, location and/or access to the digital teaching environment. For other costs, it is explicitly stated in the training information if these costs are included.

4.3 In the case of an In-Company training, the scope of delivery and the associated rates are explicitly specified in the quotation.

4.4 For open registration courses, full payment must be made in full no later than 24 hours before the start of the first training day.

4.5 For all other training courses, a payment term of 14 days after the invoice date, unless otherwise agreed.

4.6 If the payment is not made or is not made on time, BQA Academy reserves the right to refuse participation and/or to charge statutory interest and collection costs.

Article 5 – Cancellation and amendment by the Client

5.1 Cancellation of a Training Course must be made by the client by e-mail via the e-mail address frontdesk@bqa-academy.com

5.2 In case of cancellation, the following costs apply:

• Up to 4 weeks before the first training day: free of charge

• 2 to 4 weeks of before the first training day: 50% of the training costs

• Less than 2 weeks before the first training day: 100% of the training costs

5.3 In consultation between the Client and BQA Academy, the Training may be postponed to another time. BQA Academy reserves the right to charge a change fee.

5.4 Clients who enter into the Agreement as a natural person and book the Training via the internet or by e-mail have the right to cancel the registration within 14 days of registration without giving reasons (right of withdrawal). If the Training starts within this period of 14 days, the right of withdrawal expires at the start of the first training day. In the case of a (self-paced) e-learning training, this right of withdrawal expires as soon as the Participant has completed at least 4% of the course material. The registration/administration in the online teaching environment of BQA Academy is leading.

5.5 In order to make use of the right of withdrawal, the Client must in this case submit a request for cancellation by e-mail via frontdesk@bqa-academy.com within the cooling-off period. In the event of a timely withdrawal, the full amount paid will be refunded within 14 days.

Article 6 – Cancellation and modification by BQA Academy

6.1 BQA Academy reserves the right to cancel training courses in the event of insufficient participants or unforeseen circumstances.

6.2 In case of cancellation by BQA Academy, the amount paid will be refunded or an alternative will be offered in consultation.

6.3 BQA Academy reserves the right to change the location, date, time, and/or trainer(s) for a Training. Participants will be informed of such a change as soon as possible by e-mail to the e-mail address known to us.

6.4 In the event of a change in the training location of more than 20 km (linear distance) from the original location and/or a change in the date/time of the Training, the client has 5 days to cancel the Agreement free of charge. After this period, the Client will be deemed to have agreed to the changes and the normal condition for cancellation as stated in Article 5 will apply

Article 7 – Liability

7.1 BQA Academy makes every effort to develop and implement Training to the best of its knowledge and ability. For accredited Courses, BQA Academy will always provide such courses in accordance with the accreditation requirements.

7.2 BQA Academy is not liable for damage caused by incorrect or incomplete information provided by the Client or Participant. BQA Academy can also not be held responsible for not passing an exam related to the Training provided by BQA Academy.

7.3 In the event of a situation for which BQA Academy can nevertheless be held liable, the liability is limited to the rate charged to the Client for the training in question.

Article 8 – Intellectual property and use of the online learning environment

8.1 All training materials provided by BQA Academy, including (but not limited to) digital documents, videos, presentations, and other teaching materials, remain the property of BQA Academy at all times.

8.2 Participants are granted a non-exclusive, personal and non-transferable right to use the training materials, solely for their own learning purposes.

8.3 BQA Academy reserves the right to limit access to the online learning environment and practice environment after a predetermined period of time, as stated at registration. At the end of this period, access may be terminated or extended for a fee.

8.4 Access to the online learning environment and teaching materials is strictly for the personal use of the Participant. It is not allowed to share it with others. In the event of abuse, BQA Academy reserves the right to withdraw access immediately, temporarily or permanently, without prior notice. Such a situation does not entitle the holder to a refund of any amount paid.

8.5 The content of the online learning environment and practice environment may not be downloaded, reproduced, distributed or reproduced in any other way without the explicit prior written permission of BQA Academy. This also applies to such transactions for personal use.

8.6 BQA Academy is entitled to make changes to the content, structure and functionality of the online learning environment and practice environment at any time.

8.7 If access to the teaching materials and all related materials has been granted for a predetermined period of time with a predetermined end date:

a. Is access to the material guaranteed until this date

b. Can BQA Academy give the Participant/Client the opportunity to extend access to this material until a new fixed date, whether or not for a fee.

8.8 If there is no end date (lifetime access):

a. The way in which this teaching material is offered is up to BQA Academy. BQA Academy hereby reserves the right to change the way in which access to the teaching material is granted.

b. When BQA Academy stops the availability of the online teaching environment and/or materials, the Participant will be informed of this at least 6 months in advance using the e-mail address as provided in the profile of the Participant.

c. In the case of Article 8.8, paragraph b, the student will be given the opportunity to download all material related to this course in this period of 6 months. All the rest of Chapter 8 remains strictly applicable.

d. In the situation as described in Article 8.4, Participant will NOT be entitled to the 6 months warning (as stated in 8.8, b), not will Participant get the opportunity to download the material (as stated in 8.8, c).

8.9 In the event of technical malfunctions or maintenance, BQA Academy will make every effort to keep the interruption as short as possible, but is not liable for any damage resulting from temporary inaccessibility of the online environment.

Article 9 – Participation in the training

9.1 The Participant is expected to meet the admission criteria for the Training. If during the Training it appears that the Participant does not comply with this, the Trainer has the right to decide at his own discretion whether or not the Participant can continue to participate in the training and in what way.

9.2 Admission criteria are divided into two categories:

a. Necessary prior education, knowledge and/or experience. If this is the case, this is explicitly stated in the training. If the Participant has doubts about whether he/she meets these requirements, BQA Academy can be contacted. In consultation it will then be determined whether the Participant has the necessary level.

b. Equipment, installations, questionnaires and/or other materials or preparatory activities that the Participant must have (performed) prior to the first day of training. If this is the case and if the Participant encounters problems, the Participant will be given the opportunity to receive support from BQA Academy at fixed times prior to the first training day. The responsibility for meeting the eligibility criteria as described in 9. 2, b always remains with the Participant.

9.3 During the Training, the participant must behave in accordance with generally applicable norms, values and rules. The Participant must also act in accordance with the rules that the Trainer makes known at the start of the Training. If the Participant does not do this, the Trainer may decide to remove the Participant from the Training.

9.4 If the Trainer decides to remove a Participant from the Training, a report with substantiation will be drawn up and sent to the Client.

9.5 Under no circumstances will BQA Academy refund any amount if a Participant is unable to participate in a Training or is only partially able to participate in a Training as a result of any article described in Chapter 9.

Article 10 – Confidentiality and privacy

10.1 BQA Academy and the Client will keep confidential information confidential to each other.

10.2 Personal data will be processed in accordance with the applicable privacy legislation and will only be used for the purposes for which the data was provided to BQA Academy.

Article 11 – Applicable law and disputes

11.1 These general terms and conditions and agreements are governed exclusively by Dutch law.

11.2 Disputes will initially be resolved by mutual agreement. If this fails, the dispute will be submitted to the competent court in the place where BQA Academy has its registered office.