Firebrand Training BeNeLux BV Kerkenbos 12 34B, 6546 BE Nijmegen, Nederland
These Terms of Business ("Terms") govern the relationship between the Student and the Company. By submitting the Registration Form the Student has agreed to be bound by these Terms:
1.1 In these Terms:
"CERTIFICATION GUARANTEE" means the Student’s right to attend further Courses as set out in Clause 8 hereof.
"CONTRACT" means the contract for the provision of the Course, comprising the Agreement and Registration Form and these Terms.
"COMPANY" means Firebrand Training BeNeLux BV, Kerkenbos 12 34B, 6546 BE Nijmegen, Nederland.
"COURSE" means the service to be provided by the Company for the Student and referred to by course title or course reference code in the Registration Form and more particularly described in the Published Literature.
"COURSE FEES" means the price of the Course plus accommodation and any other expenses and incidentals as set out in the Published Literature from time to time.
"COURSE MATERIALS" means any Documents, vouchers or other materials, and any data or other information provided by the Company relating to the Course.
"DOCUMENT" includes, in addition to a document in writing, any plan, design, drawing, picture or other image, or any other record of any information in any form.
"PUBLISHED LITERATURE" means the Company’s website, brochures and other information documents containing details of the Company, Courses being offered and any other information that may be relevant to Students and Prospective Students from time to time.
"REGISTRATION FORM" means the registration form completed by the Student.
"STUDENT" means the person named on the Registration Form submitted to the Company for whom the Company has agreed to provide the Course in accordance with these Terms.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation
Supply of the Course
2.1 The Company shall provide the Course to the Student subject to these Terms. Any changes or additions to the Course or these Terms must be agreed in writing by the Company and the Student.
2.2 The Course shall be provided in accordance Published Literature relating to the Course from time to time, subject to these Terms.
2.3 Further details about the Course, and advice or recommendations about its provision, which are not given in the Promotional Literature, may be made available on written request.
2.4 The Company may correct any typographical or other errors or omissions in any Promotional Literature, quotation or other document relating to the provision of the Course without any liability to the Student.
2.5 The Company may at any time without notifying the Student make any changes to the Course which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Course. In particular the Company reserves the right to switch examining bodies in relation to a particular Course or to alter the curriculum of a particular course in response to alterations made by the examining body provided that such alterations shall not materially affect the nature or the quality of the Course or the qualification to be gained at the end of the Course.
2.6 Please note that filming and photography may take place at the training centre. This media may be used by Firebrand Training Ltd and its affiliate organisations for both security and promotional reasons. By entering the training centre you hereby acknowledge and consent to such recordings being made. Please note that we are entitled to make full use of any film and/or recording in all current and future media worldwide without any liability or payment to you. If you have any issues or concerns regarding this, please speak to a member of the reception team onsite to discuss further.
Fees and Charges
3.1 is the registration form submitted less than 14 days before the course starts, the whole amount of the course fees be paid upon submission of the registration form.
3.2 Firebrand is not required to keep a place free for a student at a particular course if the student has not paid yet after the time referred to in article 3.1.
3.3 all charges for the provision of the course are exclusive of VAT. If there is charged to a credit card handling fee will be charged.
3.4 Firebrand is competent the student or client immediately after completion of the course any fees or costs that are not part of the course fees (such as handling costs referred to in article 3.3 or distance rings in the hotel) in to account . In these cases, a payment period of 14 days.
3.5 Firebrand reserves the right to refuse admission to a particular course the student when not all course fees paid in full in accordance with these terms and conditions.
3.6 subject to exceptions, described in these terms and conditions is never refund of course fees paid. A sleep set-off by the student or client is excluded.
Rights in Course Materials
4.1 The property and any copyright or other intellectual property rights in any Course Materials shall belong to the Company, subject only to the right of the Student to use the Course Materials for the purposes of the Course and for the Student’s own personal use and information.
4.2 The Student shall not be entitled to copy the Course Materials or any part thereof without the express permission of the Company.
4.3 Unauthorised training material. Students should be aware that any unauthorised training material including practice exam questions should not be used during the course. Students may be asked to leave should the instructor find continued use of or distribution of unauthorised practice exams has taken place, in particular practice exam questions which have not been approved by the test vendor.
5.1 The accommodation for the student during the course is included in the course fee. The accommodation includes lodging at the hotel and/or Conference Resort, accommodation, meals, offered drink, coffee and tea. Other costs are to be paid by the student.
5.2 Students are required to comply with the House rules of the accommodation and to the rules laid down by Firebrand. Firebrand reserves the right to deny further access to the course a student in case he/she may, on rules, endanger the security of persons and property or seriously disrupts the learning environment of other students, all or not – depending on the severity of the case – after a first warning. At any such interruption of the course, the student or the client is not entitled to refund of course fees and remain unpaid cost due.
Warranties and Liability
6.1 Firebrand guarantees that the course is in compliance with the registration form and the published literature and of the time or times referred to.
6.2 Firebrand guarantees that the course is structured for, and timely information, to reach specific standards or qualifications as described in the published literature (or as updated in accordance with article 2.5).
6.3 Firebrand does not warrant that the by exam bodies set the standards or qualifications attained by the student. The fact that Firebrand when registering the student tests whether sufficient basic knowledge and/or qualifications and/or experience to make a good chance on successful completion of the course, does not mean that Firebrand who successful conclusion guarantees, even if the student has sufficient in itself.
6.4 Firebrand is otherwise will not be liable to the student or client because of damage or loss of advantage in any form whatsoever for any failure to perform its obligations, because of only by Firebrand of tort concerned which enabled by Firebrand people, including teachers and persons working in the accommodation.
6.5 Any compensation is always limited to the amount paid to course costs.
6.6 Firebrand also will not be liable to the student and/or client when the delay in the execution or the failure of the course is due to force majeure.
Cancellation, Rescheduling and Refunds
7.1 Up to 14 days before the starting date of the course for which a student is registered, the student or client is entitled to shift the course free of charge to a future date (subject to availability). Then Firebrand charges 10% of the course costs - with a minimum of 350 Euro - as administration costs. The student or client is not authorized to shift the course to a date that is more than 12 months later than the starting date of the course that the student originally enrolled for.
7.2 If a student or client wishes to shift the course less than 14 days before the start, Firebrand is authorized to charge a fee of 25% of the course costs.
7.3 Up to 14 days before the start date of the course, the student or client is entitled to cancel the participation against payment of 25% of the course costs. If the course costs have already been paid, Firebrand will proceed to refund or set-off within 14 days.
7.4 If the student or client wishes to cancel the course less than 14 days before the start date, Firebrand is entitled to the full amount of the course costs; payments made will then not be refunded and the course costs that still have to be paid will be due in full.
7.5 Even if the student is unable to participate due to force majeure, and also after using the possibility of shifting of articles 7.1 or 7.2 Firebrand is entitled to full payment of the course costs. In that case, the client or student is authorized to register another student and to take part, provided that at the latest when the situation of force majeure is reported, the replacement student is registered at least one day before the start of the course.
7.6 The student or the client is entitled to cancel the course, if after enrollment due to a change in the requirements determined by the examining body, there is an up-grading of the qualification that makes the course unsuitable for the student - including: not feasible - is unnecessarily high training for the fulfillment of his duties with the client. The student or client must make this plausible.
7.7 Firebrand reserves the right to oppose or cancel a course if Firebrand has reasonable grounds or if the number of students enrolled in a particular course makes it economically irresponsible to give the course. In that case, Firebrand will inform the student and / or client of the opposition or cancellation as soon as possible. In that case Firebrand is only obliged to refund the already paid course costs, unless the course is still given within a maximum of six months. Firebrand can deduct a maximum of 10% for materials already delivered on the amount to be refunded. Article 6.4 also applies here.
7.8 When a course is canceled on the day of arrival of the student or during the course itself, respectively. is interrupted - for example due to illness of a lecturer - article 7.6 applies mutatis mutandis and Firebrand will reimburse the extra travel expenses of the student.
8.1 If the student does not succeed in obtaining the relevant certification by the end of the course, they are able to take the exam again as many times as necessary within the 12 months of taking the course - depending on availability. In this case, the student will cover the costs as defined in article 5.1, for the accommodation, exam fee and updated course material if applicable.
8.2 Firebrand reserves the right to new students to give priority in allocation of places and no more than two participants guaranteed students per course. When as a result, a student can repeat the course within 12 months, the period extended by six months, unless he previously refused an offered place.
8.3 Firebrand reserves the right to refuse certification to guarantee the student acts or has acted in breach of these terms and conditions, including the rules referred to in article 5.2-or when the failure of achieving certification is located on lack of participation and/or lack of dedication of the student.
9.1 These Conditions (together with the terms, if any, set out in the Registration Form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
9.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
9.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
9.5 Dutch law shall apply to the Contract, even if the course is actually given outside the Netherlands. The parties agree to submit to the exclusive jurisdiction of the Dutch courts.
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