Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
- Advisory services: services in the form of advice and / or consultancy with the objective of transferring specific knowledge or expertise, or change management activities such as (but not exclusively) helping with the establishment of (improved) cooperation and / or a contract.
- Agreement: an agreement, including a Distance Agreement, between Hi! Mindset and a Customer with regards to providing Advisory services, a Training and / or access to the online platform by Hi! Mindset, whether or not for employees of that Customer.
- Customer: any individual or company/institution who procures Advisory services, attends an (online) Training, or registered for the Online Platform.
- Distance Agreement: an Agreement that has been concluded through distance communication in the sense of Art. 6: 230g sub e Dutch Civil Code, such as electronic communication (e-mail), or via the Website.
- Hi! Mindset: Hi! Mindset B.V. A company registered at the Dutch Chamber of Commerce with registration number: KVK 72015721. Located at the Nieuwezijds Voorburgwal 104, 1012SG in Amsterdam.
- Location costs: the costs of the location at which the Advisory services or Training takes place, including catering costs, etc.
- Material: (licensed) training, teaching or instruction material, documentation or any other material in any form that is used as part of the Advisory services, Training and / or online platform.
- Offer: an Offer or proposal made by Hi! Mindset to Customer for Advisory services, a Training or the Online Platform.
- Online Platform: the platform offered by Hi! Mindset that is used for publishing training materials, cases, whitepapers, etc. The Online Platform can also be used for preparation of a Training.
- Price: the price of Advisory services, a Training or subscription fee for the Online Platform. Prices are exclusive of VAT and local taxes.
- Terms and Conditions: these general conditions.
- Trainer: Hi! Mindset works with business partners (like trainers or coaches) to provide Training or parts thereof, or develop Material for the Training or Online Platform.
- Training: any training, workshop, course, study or theme day, or any other form of training provided by Hi! Mindset. Hi! Mindset provides a Training in the form of in-company / tailor-made training or online training. A Training can be subdivided into one or more training module(s) and can be spread out over a longer period in time.
- Website: the website of Hi! Mindset: www.HiMindset.com.
Article 2 – Applicability
- On all offers, products and services from Hi! Mindset and at all by Hi! Mindset concluded Agreements, the General Terms and Conditions apply, insofar as not deviated from in accordance with article 2 paragraph 3.
- By registering for a Training and / or the Online Platform, the Customer accepts the applicability of the General Terms and Conditions. Hi! Mindset expressly rejects the applicability of the general terms and conditions of the Customer, whatever named.
- Deviations from the General Terms and Conditions are only valid if expressly agreed to in writing between Hi! Mindset and the Customer. Under the General Terms and Conditions, the term also means any form of electronic communication (for example, via e-mail).
- In the situation in which the relevant Agreement and / or the General Terms and Conditions do not foresee, Hi! Mindset will make an arrangement with the Customer in all fairness.
- The (total or partial) invalidity or ineffectiveness of one or more provisions of the General Terms and Conditions does not affect the validity or binding nature of the other provisions. If it appears that a provision is invalid or non-binding, Hi! Mindset and the Customer replace the invalid or non-binding part with a provision that is valid and binding and of which the legal consequences, in view of the content and scope of the relevant provision, correspond as much as possible to those of the invalid or non-binding part of this provision.
Article 3 - Offer
- Hi! Mindset will make any Offer in writing.
- The Offer contains a description of the Advisory services, Training and / or material that is part of the Training.
- The Offer shall in any case at least state the following information in a clear manner:
- the set-up of the Advisory services and / or Training
- the proposed agenda for the Training (in case of a Training)
- the duration of the Advisory services and / or Training
- the Price including all additional costs and taxes
- the applicability of these Terms and Conditions including a the hyperlink
- These General Terms and Conditions are explicitly referred to in the Offer to the Customer prior to the Agreement and are an integral part of the general information provided by Hi! Mindset. At the request of the Customer, Hi! Mindset will send a copy of the General Terms and Conditions free of charge.
Article 4 - Agreement
- The Customer enters into an Agreement with Hi! Mindset through signing the Offer for the Advisory Services or Training, or by registration for the Online Platform. Registration for the Online Platform takes place (i) by telephone, (ii) by e-mail through the Hi! Mindset provided digital registration form, or (iii) via the registration form on the Website.
- The Agreement is concluded when Hi! Mindset accepts the request for Advisory services or Training (by a signed Offer) or registration for the Online Platform in writing and is deemed to have been concluded at the time Hi! Mindset has confirmed in writing the request for the Advisory services or Training or registration for the Online Platform to the Customer. This confirmation also applies as proof of registration.
- The start date of a Training is the first training day (in terms of a face-to-face encounter) or at the time of providing access to the Material that is offered electronically or the time of providing access to the Online Platform.
- Hi! Mindset is entitled to request information about the creditworthiness of a Customer who has registered for the Online Platform, or entered into an Agreement for Advisory Services or Training, through third parties. If the outcome of such a creditworthiness study is negative, Hi! Mindset is entitled to terminate the Agreement or ask the Customer for a prepayment.
- The Customer is not entitled to transfer the rights and obligations under the Agreement to a third party without written permission from Hi! Mindset. Hi! Mindset has the right to attach further conditions to this permission.
Article 5 - Cancellation of the Training
- Prior to the start of a Training, the Customer has the right to cancel the relevant Training. The cancellation can only take place in writing by e-mail. The timing of the cancellation is equal to the sending date of the relevant e-mail. The planned commencement date of the (relocated) Training is the starting point for determining the amount of the costs of the cancellation as referred to the section 2 of this Article.
- In the event of cancellation Hi! Mindset is entitled to charge the following costs to the Customer:
- in the event of cancellation up to two months before the start of the Training: no cancellation cost apply;
- in the event of cancellation between two months and one month before the start of the Training: 25% of the Price;
- in the event of cancellation between one month and two weeks before the start of the Training: 50% of the Price;
- in the event of cancellation less than two weeks before the start of the Training: the total Price will be charged.
Article 6 - Cancellation or termination of Online Platform registration
- Cancellation or termination of the registration for the Online Platform by a Customer is possible at any time. This can be done via the Online Portal, via e-mail or by phone.
- In case of a cancellation or termination of the registration for the Online Platform, Customer will pay the subscription fee (Price) up until the day of cancellation or termination.
Article 7 - Payment
- If the Customer is an individual, payment shall only take place by means of an authorization for direct debit by the Customer to Hi! Mindset. The Customer is responsible for paying the amounts due to Hi! Mindset, no later than the expiration date as stated on the relevant invoice.
- Payment must take place at the latest on the due date as stated on the relevant invoice. Hi! Mindset uses a payment term of 14 days.
- If the Customer has not fully paid the amount due within the set term, Hi! Mindset will send the Customer a payment reminder in which the Customer is offered the possibility to still pay within 14 days. If the Customer has not fully paid the amount due within that period, the Customer is in default without further notice.
- If a Customer does not pay within the set term, additional costs will be incurred by Hi! Mindset to Customer. These costs will be at least 10% of the amount due, with a minimum of EUR 115.00. If the Customer is an individual, the extra costs will be calculated in accordance with the applicable statutory regulations. In case of late payment, Hi! Mindset will hand-over the claim to a debt collection agency.
- Without prejudice to its other obligations, the Customer shall owe statutory interest on the outstanding amounts from the due date of the invoice until the day of full payment.
- If the Customer is an individual and the employer of the Customer co-signed the payment obligation in connection with the Training or Online Platform, both the Customer and its employer are jointly liable for payment of all that the Customer owes. The liability of the employer remains in full force in the event of an interim termination of the employment relationship between the Customer and the employer.
Article 8 - Price
- The costs of Advisory services or Training will be shared in the Offer to the Customer.
- The costs of the Online Platform are shared on the Website and/or via an Offer to the Customer.
- All amounts expressed by Hi! Mindset are exclusive of VAT and local taxes.
- Hi! Mindset will always charge the applicable VAT rate on the costs of the Advisory services or Training.
Article 9 - Liability of Hi! Mindset
- In case Hi! Mindset is liable for damage to the Customer or the participants in a Training, the liability is in all cases limited to direct damage (liability for indirect damage - for example consequential damage, delay damage, loss of profits and lost turnover - is therefore excluded).
- Hi! Mindset is in no way liable for damage, of whatever nature, which is the result of (possible) incorrect or incomplete information / recommendations / advice provided in connection with Advisory services, a Training or the Online Platform. This includes: the information / recommendations / advice provided by the consultant or Trainer, or via the Material, or any other work arising from or related to Advisory services or Training.
- Hi! Mindset is not liable if a participant does not comply with the (safety) instructions.
- The liability limitation described in this article also extends to all persons for whom Hi! Mindset is responsible (such as persons employed by Hi! Mindset or appointed by Hi! Mindset for the performance of the Agreement).
- The Customer guarantees that the participants of the Training have accepted the aforementioned liability limitations.
Article 10 - Cancellation by Trainer
- In the event of illness and / or absence of a Trainer, Hi! Mindset will - to the extent possible - ensure equivalent replacement. If replacement proves impossible, Hi! Mindset will inform the Customer as soon as possible and come up with a proposal for alternative dates on which the relevant Training will be given.
- In the event of illness and / or absence of a Trainer, the Customer is not entitled to (damage) compensation. Hi! Mindset will not charge the Customer for the additional work and services needed to ensure replacement or arrange the Training on an alternative date.
- A Customer can not cancel a Training for free (i) due to the failure of a Trainer or (ii) terminate the Agreement prematurely due to the failure of a Trainer.
Article 11 - Confidentiality
- Hi! Mindset, its staff and / or Trainers will treat the information provided by the Customer confidentially. Hi! Mindset conforms to the applicable privacy legislation.
Article 12 - Personal data
Article 13 - Intellectual property rights
- All intellectual property rights, including copyright, that relate to the Hi! Mindset provided and compiled Material used in the Training and/or on the Online Platform are at Hi! Mindset. No part of this expenditure may be reproduced and / or published without written permission from Hi! Mindset.
Article 14 - Use of Customer's name and logo
- Hi! Mindset is entitled to use the name and logo of the Customer in its external communication, like, but not limited to, mentioning the name and logo of the Customer on the website of Hi! Mindset. In addition, Hi! Mindset is also entitled to briefly describe the work, as long as the information is not classified as confidential by the Customer. Customer will provide Hi! Mindset with a high-quality digital version of their logo when requested.
Article 15 - Modification of the General Terms and Conditions
- The General Terms and Conditions can be changed by Hi! Mindset at any time. Disclosure takes place by means of a personal notification or by means of a general notification on the Website.
Article 16 - Dispute resolution
- These General Terms and Conditions, the Offer and the Agreement are governed by Dutch law.
- Disputes between the Customer and Hi! Mindset on the realization or execution of Agreements will be handled by the Disputes Committee: Geschillencommissie, Bordewijklaan 46, PO Box 90 600, 2509 LP The Hague (www.degeschillencommissie.nl).
- The Disputes Committee will only deal with a dispute if the Customer first submits his complaint to Hi! Mindset, and after a fair discussion parties did not manage to resolve the dispute to a satisfactory solution for both parties.
- A dispute must be brought before the Disputes Committee within three months of its occurrence.
- The Disputes Committee shall make a decision with due observance of the provisions of the regulations that apply to it. The decision of the Disputes Committee takes the form of a binding recommendation.
These General Terms and Conditions date from August 2018.
These General Terms and Conditions have been translated from Dutch, the Dutch version prevails.