General Terms and Conditions
General Terms & Condition for Consumers
General Terms & Conditions for Businesses
1. Definitions
a. Fast Lane Benelux BV / Fast Lane Nederland BV (hereafter referred to as: Fast Lane) is an education
service provider, and as such specializes in the organization and facilitation of IT training.
b. The Customer: the natural or legal entity for whom the (IT) training is organized and/or facilitated and for whom the terms and conditions stated are applicable.
c. Assignment: Under an assignment is understood the formal agreement between Fast
Lane and the customer with all the thereto applicable documents and attachments.
d. Order Confirmation: a document stating the description of the delivery activities and services as agreed upon by Fast Lane and the customer.
2. General terms
a. The general terms will apply to all offers, activities, proposals and agreements for courses, training and education (hereafter referred to as courses) between Fast Lane and the customer, or his/her legal representative.
b. Acceptance of an assignment
Fast Lane will only accept those assignments for which it is qualified. Those, participating on behalf of Fast Lane in the implementation of the assignment, must be able to carry out the assignment in a purposeful manner through their knowledge, experience and personal attributes. In consultation with Fast Lane the customer may request other staff than those engaged at the beginning of the assignment, as long as this does not affect the quality and continuity of the assignment.
c. Fast Lane must ensure that all personnel at the customers site who are to be involved
in the assignment know exactly what this involvement entails.
d. Realizing the assignment
Before accepting the assignment Fast Lane must be ensured that it will be able to gather all the necessary information that can be reasonably required for a successful fulfillment of the assignment. The customer is expected to have supplied all the information required, to the best of his knowledge, for setting-up and implementing the assignment.
e. The customer and Fast Lane are thus able to establish a concept of the proposed training as well as the scope of the training project and the foreseeable results. Should the preliminary survey involve costs, then this will have to be agreed upon up front between Fast Lane and the customer.
3. Facilities
a. Fast Lane states that on commencement of the assignment it will have all the necessary facilities at its disposal to ensure a smooth implementation of the assignment. In the event courses are delivered at the customer’s location, Fast Lane and the customer will agree on the requirements the facilities have to comply with.
b. Should it be apparent upon delivery of the course that the agreed conditions or requirements were not met and that the quality of the course is compromised, then Fast Lane reserves the right to waiver delivery of the course or to discontinue it.
4. Indemnification
Liability for damages caused by or in connection with the implementation of the assignment is limited to the amount that would be covered by the relevant liability insurance of Fast Lane in this specific case.
5. Premature termination of the assignment
Fast Lane reserves the right to withdraw from an assignment if circumstances outside its span of control should interfere with the successful implementation of the assignment. Should Fast Lane be compelled to induce a premature termination, then Fast Lane is entitled to claim compensation for costs incurred, for foreseeable damages and established occupancy loss. Fast Lane will not pay any form of compensation.
6. Cancellation by the customer
a. The customer may cancel the participation of one or more of the course delegates, or
the engagement of a trainer or the rental of a training facility up to and including 16
working days prior to the start of the course. If cancellation takes place between 15 and 6 working days prior to the start of the course 50% of the course fee will be invoiced. The full course amount will be invoiced if cancellation takes place within 5 working days.
before commencement of the course.
b. Cancellation by the customer does not automatically entitle the customer to a reassignment to another course or, the booking of alternate training facilities or the reengagement of a trainer. Rescheduling the assignment is regarded as a cancellation of the current assignment. Cancellation by the customer must always be in writing.
7. Cancellation by Fast Lane
Fast Lane is committed to fulfilling a planned course. If through unforeseen circumstances, including insufficient participants, a course needs to be cancelled or rescheduled Fast Lane is not bound to compensate for any possible damage.
8. Confidentiality
Fast Lane will observe strict confidentiality with regard to classified information that has been provided or which may have occurred during the engagement.
9. Adjustment of rates
Long term assignments may be subject to rate adjustments due to fluctuations in the levels of various relevant costs including wage costs. Fast Lane will pass these cost changes on to the customer. Cost changes are on par with the latest CBS index and will apply for the remaining part of the service.
10. Employment of each other’s personnel
During the span of the assignment or within 1 year after the termination of the assignment none of the parties concerned may employ or negotiate employment with the staff of the other party except in consultation with the other party. A breach of this stipulation entitles the aggrieved party to reclaim incurred damages from the other party.
11. Intellectual property
Models, techniques, instruments and course materials, including software used in conjunction with the delivery of the assignment and incorporated in the course, are and remain the property of Fast Lane. Disclosure may only take place after written permission has been obtained from Fast Lane. It is forbidden to reproduce, edit or modify in total or in part, models, techniques, instruments and course material including software without written consent from Fast Lane.
12. Authors ownership
All materials used in the course (including software) are protected by copyright and may therefore not be reproduced in any form without the explicit approval of the author(s). Committing part or all material to third parties for educational purposes in whatever form is forbidden.
13. Payment terms and conditions
Fast Lane extends, unless otherwise agreed upon in the order confirmation, a 30 day term of payment as per date of invoice. Should the customer fail to comply or in any other way be in default concerning one or more obligations, then all just costs incurred in obtaining these dues will be at the expense of the customer, be they of judicial or extrajudicial nature.
14. Settlement of disagreements
Disagreements between the customer and Fast Lane will be settled by the Court of law in Utrecht, or by a qualified and by law empowered judge. All agreements with Fast lane will be subject to, and only to Dutch law.