Centrum voor Verantwoord Spelen (Centre for Responsible Gambling)
General Terms and Conditions
Article 1 Definitions
- Centrum voor Verantwoord Spelen: Centrum voor Verantwoord Spelen B.V., registered under the Dutch Chamber of Commerce number; 80744931, hereinafter referred to as; Contractor.
- Client: The party that sets out an Assignment with Contractor for the performance of a Service.
- Parties: Contractor and Client together.
- Service: The work to be carried out by Contractor, on the basis of an Assignment indicated by Client.
- Assignment: The total of services that Client requests to be performed by Contractor, always confirmed by means of a written Agreement.
- Agreement: Agreements made between the Parties, which must always be confirmed to in writing.
Article 2 General
- These General Terms and Conditions apply to all Agreements, quotations and Assignment confirmations with Contractor. These Terms and Conditions are applicable to all services offered by Contractor.
- Deviations from these Terms and Conditions are only binding if and insofar as they have been explicitly confirmed in writing by Contractor.
- If there is uncertainty regarding the interpretation of one or more provisions of these General Terms and Conditions, the explanation must take place ‘in the spirit’ of these provisions.
- If a situation arises between the Parties that is not regulated in these General Terms and Conditions, this situation must be assessed in the spirit of these General Terms and Conditions.
Article 3 Conclusion of an Agreement
- The quotations made by Contractor are valid for a maximum of 30 days, unless otherwise indicated by Contractor.
- The Agreement is concluded at the moment that the cooperation agreement, Agreement, letter of intent or order confirmation signed by the Contractor and the Client has been returned to the Contractor. The Agreement, confirmation or statement is deemed to represent the Assignment correctly and completely.
- Contractor cannot be held to its quotations or offers if Client can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
- Contractor is only bound by the quotation if it has been confirmed in writing by Client within 30 days.
Article 4 Premature termination of the Assignment
- Parties may terminate the Agreement prematurely if one of them is of the opinion that executing the Assignment can no longer take place in accordance with the confirmed quotation or Assignment confirmation and any later additional agreed upon Assignment specifications. This must be communicated to the other party with reasons and in writing.
- Cancellation by the Client. The Client for a Service has the right to cancel the Service without costs if this is done in writing 30 days before the start of the Service. The Contractor has the right to charge all costs of the Service in case of cancellation within 30 days before the execution of the services.
- Cancellation by Contractor. Contractor reserves the right to suspend or cancel courses /training courses with an open registration when there are not enough participants, without Client being able to claim any compensation, whereby Contractor informs Client about this no later than three days before the courses/training start.
- In the event that one of the Parties becomes bankrupt, applies for suspension of payment or ceases operations, the other party has the right to terminate the Assignment without taking a notice period into account, aforementioned is subject to the rights of both Parties.
Article 5 Performance of Service
- The Contractor determines the manner and by which person(s) the Assignment will be performed, taking into account the wishes expressed by the Client as much as possible.
- Client shall provide all necessary information in a timely manner and guarantees the correctness, completeness and reliability necessary for the execution of the Assignment. Client shall ensure compliance with the agreements agreed upon in the quotation or Assignment confirmation regarding training space, audiovisual aids, number of participants and the like. Contractor reserves the right to suspend the execution of the Assignment if Client has not complied with the agreements. The extra costs and extra fees resulting from the delay in the execution of the Assignment, arising from the non-provision, late or improper provision of the required information and documents, are for account of Client.
- Client shall make available the employees of its own organization who are or will be involved with the work of Contractor.
- If Client wishes to involve third parties in the execution of the Assignment, Client will only do so after having reached an Agreement with Contractor.
- In consultation with Client, it is possible to bind certification of a person to Client’s company. This means that the certification goes directly to the employer, in the name of the person who has successfully taken the course/training, but Client retains the certificate.
- Client inform Contractor no later than two weeks before the performance of a service, if a service cannot take place at the agreed time and/or the agreed location, unless otherwise stated in the quotation or Agreement.
- Contractor can only perform and charge Client for more work than for which the Assignment has been issued, if Client has given prior permission for this.
- Questions of an administrative nature or relating to services concerning education and E-learning will be answered within two weeks. In case letters require a longer processing time, this will be answered with an acknowledgement of receipt indicating the expected response time.
- If a term has been agreed or specified for the execution of certain activities or for the delivery of certain goods, this does not constitute as a hard deadline. If a term is exceeded, Client must therefore give Contractor written notice of default. Contractor must be offered a reasonable period of time to still perform the Agreement.
- Contractor is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure is understood to mean circumstances that prevent or impede compliance with obligations that cannot be attributed to Contractor. This includes lack of raw materials, factory failure of any kind, strike, exclusion of or lack of workers, quarantine, epidemics, pandemics, natural disasters, mobilization, martial law, state of war or war, traffic jams on railways or lack of means of transport, traffic blockades, illness, regardless of the reason or cause thereof or other unforeseen circumstances that were not known when entering into the Agreement.
- During force majeure, the obligations are suspended. If this lasts longer than two months, the Parties are entitled to dissolve the Agreement, without there being an obligation to pay compensation.
Article 6 E-learning
- Centrum voor Verantwoord Spelen is the developer and owner of the E-learning modules.
- The modules, without exclusive right of use, are made available for a limited period of time to users authorized by Contractor, who are employed by Client. Each user has a non-transferable personal login account.
- The modules may only be used for the purposes and target groups mentioned in the Agreement.
Article 7 Liability
- Contractor will perform its work to the best of its ability and thereby observe the care and expertise that can be expected of Contractor. If an error is made because Client has provided incorrect or incomplete information, Contractor is not liable for the resulting damage. This also applies to the third parties engaged by Contractor.
- The liability for damage caused by shortcomings by Contractor and third parties engaged is limited to the amount agreed between Contractor and Client in the transfer confirmation.
- Contractor is only liable for direct damage.
- Direct damage is exclusively understood to mean; the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these Terms and Conditions, any reasonable costs incurred to have Contractor’s defective performance comply with the Agreement, insofar as these are submitted to Centrum voor Verantwoord Spelen and reasonable costs incurred to prevent or limit damage, insofar as Client demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms and Conditions.
- Contractor is never liable for indirect damage.
- Client indemnifies Contractor against claims from third parties due to damage caused by Client providing incorrect or incomplete information to Contractor, unless Client demonstrates that the damage is not related to culpable acts or omissions on its part or is caused by intent or equivalent gross negligence on the part of Contractor.
Article 8 Prices
- Prices in the mentioned quotations are exclusive of VAT and travel costs unless otherwise indicated.
- If a service offered is free of VAT, this will be mentioned in the quotation. If the tax authorities still decide to levy VAT, an additional claim will be sent to Client for the VAT to be paid on the amount agreed upon in the Assignment.
- Interim rate changes are not passed on in signed existing Orders.
Article 9 Payment
- Payment by Client must be made, without deduction, discount or set-off, within 30 days of the date of the invoice. Payment must be made in Euros by means of transfer to a bank account as designated by Contractor.
- Objections to the amount of the invoices submitted, do not suspend the payment obligation.
- Client is never entitled to suspend the payment obligation.
- If Client has not paid within the period referred to under 9.1, Contractor is entitled, after it has given notice to pay Client at least once, without further notice of default and without prejudice to the other rights of Contractor, to charge the statutory interest to Client from the due date until the date of full payment.
- All reasonable judicial and extrajudicial (collection) costs incurred by Contractor as a result of Clients failure to fulfill its payment obligations, will be borne by Client.
Article 10 Complaints
- Complaints with regard to the work performed and/or the invoice amount must be submitted in writing within 30 days of the sending date of the documents or information about which the Client complains, or within 30 days of the discovery of the defect. The term of 30 days can be extended if Client demonstrates that the defect could not reasonably have been discovered earlier, this has to be made known to the Contractor.
- Complaints as referred to in the first paragraph 10.1 do not suspend the payment obligation of Client.
- In the event of a justified complaint, Contractor has the choice between adjusting the fee charged, improving or re-performing the rejected work free of charge or not (anymore) performing the Assignment in whole or in part against a refund in proportion to the fee already paid by Client.
- Please consult our Complaints policy for further information about the conditions and handling of a complaint by Contractor.
Article 11 Intellectual property
- Contractor reserves all rights with regard to products that it uses or has used and/or develops in the context of the execution of the Assignment of Client, insofar as these arise from the law.
- Client is expressly prohibited from reproducing, disclosing or exploiting products, all this in the broadest sense of the word, whether or not with the involvement of third parties, unless these products are expressly (and recorded in writing) for reproduction, publication and/or exploitation. Disclosure can therefore only take place after obtaining permission from Contractor. Client obviously has the right to reproduce the documents for use in its own organization, insofar as appropriate within the purpose of the Assignment. All educational materials used by Contractor may not be used or alienated.
- The copyright on the materials developed by Contractor remains with Contractor. Violation is subject to an immediately payable fine of € 10,000 (ten thousand euros). Multiple damage suffered can be recovered from Client at any time.
Article 12 Confidentiality
- Stakeholders, trainers, actors, experience experts and participants in training courses are mutually obliged to maintain the confidentiality of the information, of which it can be considered confidential, that they receive from each other insofar as it concerns the training courses, consultancy and support to players and relatives.
- Unless there is a legal or professional obligation to disclose, the Contractor is obliged to maintain confidentiality towards third parties.
- Contractor will impose its obligations under this article on third parties engaged by Contractor.
- Unless prior written permission has been granted by Contractor, Client will not disclose the content of reports, advice or other written or non-written statements of Contractor, which have not been drawn up or done with the intention of providing third parties with the information contained therein. Client will also ensure that third parties cannot take cognizance of the content referred to in the previous sentence.
Article 13 Complaints procedure
- Client must fully and clearly describe complaints about defective services. This must then be submitted to Contractor within a reasonable time. This is after Client has discovered the defect or should reasonably have discovered it. Notification within one month is timely.
- Client must always give Contractor the opportunity to take note of complaints and to take care to repair the defect and to remedy the complaint.
- The assessment of the method and steps taken to remedy the complaint is always up to Contractor. Contractor will always ensure that the wishes of Client are taken into consideration.
- A complaint is considered to have been settled if it has been handled to the satisfaction of Client or has made a ruling by the (if applicable) arbitration institute about the complaint or subsequent steps.
Article 14 GDPR
- Centrum voor Verantwoord Spelen is responsible for the processing of personal data as shown in this privacy statement.
- Yvon Jansma is the Data Protection Officer and can be reached via Yvon@centrumvoorverantwoordspelen.nl or 06 48204199.
- Centrum voor Verantwoord Spelen does not sell personal data to third parties and will only provide it, if this is necessary for the execution of our Agreements with Clients or to comply with a legal obligation. Centrum voor Verantwoord Spelen uses Avetica B.V. for Moodle as an E-learning web application and for Innophase B.V. for the benefit of Coachview as a training administration and has concluded a processor agreement with aforementioned parties to ensure the same level of security and confidentiality of the data of Client.
- Centrum voor Verantwoord Spelen processes the following personal data: first and last name, date of birth, place of birth, telephone number and e-mail address.
- Centrum voor Verantwoord Spelen does not store personal data longer than is strictly necessary to achieve the purposes for which the data is collected.
- Centrum voor Verantwoord Spelen does not make decisions based on automated processing on matters that can have (significant) consequences for people. These are decisions that are taken by computer programs or systems, without involving a person (for example, an employee of Centrum voor Verantwoord Spelen).
- Centrum voor Verantwoord Spelen takes the protection of clients data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. If it is suspected that data is not properly secured or that there are indications of abuse, please contact email@example.com.
- The Centrum voor Verantwoord Spelen would also like to point out that it is possible to file a complaint with the national supervisory authority, the Dutch Data Protection Authority. This can be done via the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons.
- For a complete overview of the data we process, Client can read our extensive privacy statement.
Article 15 Applicable law and choice of forum
- Dutch law applies to all Agreements between Client and Contractor to which these General Terms and Conditions apply.
- The Parties will only appeal to the court, after they have made every effort to settle a dispute by mutual agreement.
- All disputes relating to the Agreement between Client and Contractor, to which these Terms and Conditions apply, will be settled by the competent court in the district in which Contractor has its place of business.
- Contrary to the provisions of article 15.3, Client and Contractor are entitled to agree to submit disputes to a board for disputes.
Article 16 Location and amendment of General Terms and Conditions
- These Terms and Conditions have been filed with the Chamber of Commerce.
- The most recently filed version or the version that applied at the time of the establishment of the legal relationship with Contractor is always applicable.
- The Dutch version of the General Terms and Conditions is always decisive for the interpretation thereof.
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