Article 1 – Applicability.
1. These Terms and Conditions apply to all agreements entered into between Excellus Academy, located at Neerlandia 2, 1841 JK Stompetoren and you as a participant, institution and/or attendee regarding an “educational service.
These conditions relate to frontal/classical education as well as non-formal education (e.g.. electronic (learning) environment) what the Excellus Academy offers “by default. Different conditions may apply to a customized service and are therefore not set forth in this document.
Article 2 – Offer
1. The Excellus Academy releases the standard education(s)/training(s) offerings digitally and/or in writing;
2. The offer contains a complete and accurate description of the training and of the teaching materials that are part thereof. The offer also indicates whether use of these teaching materials is mandatory;
3. Each training offered on the website shall refer to this document (General Terms and Conditions) and contain such information that it is clear to you what your rights and obligations attached to the training in question are. Each training and offering shall include at least the following information in a clear and understandable manner;
When the training(s) start(s);
The conditions under which the training may not proceed;
as applicable: the admission requirements to participate in the training (target group);
the price including all additional costs and taxes;
the method of payment;
any accreditation points awarded by a recognized professional association, for example, the Nurses & Caregivers Association (V&VN);
The duration of the training and any electronic (learning) environment to which you will have access;
Whether you will receive a certificate of participation or possibly a certificate of competency with a certain period of validity;
4. These terms and conditions will be expressly made known to you prior to the agreement (confirmation via email and/or letter) and are an integral part of the Excellus Academy’s general information provision which can be found on the website;
5. The Excellus Academy may make the delivery of a training course and/or acceptance of an assignment conditional upon you providing personal data and, if and to the extent required and/or permitted by government regulations, a copy of a valid passport or identity card. This could be the case, for example, in an official exam. You must then be able to identify yourself prior to the (practical) exam;
6. Without prejudice to the provisions of paragraphs 1 to 5, in the case of a remote agreement, the training shall also include the following information:
a. Excellus Academy, located at Neerlandia 2, 1841 JK Stompetoren. firstname.lastname@example.org,(072) 721 0707:
b. your right to rescind the agreement within fourteen days of notification. After the statutory 14 days, reference is made to Article 4 of these General Terms and Conditions;
c. if additional fees are charged for contacting the Excellus Academy via telephone or Internet: the amount of the applicable rate;
d. the period of validity of the offer;
e. If it is a physical examination for which a certificate of competence
is issued the examination regulations or a reference thereto on the website;
Article 3 – Agreement
1. The agreement is established only by your acceptance of the offer and after payment of the course fee. After the conclusion of the agreement, you will receive a confirmation of this in writing and/or electronically.
2. In case of electronic assignment, the Excellus Academy sends an electronic confirmation to the participant; until the receipt of an electronically accepted assignment is confirmed by the Excellus Academy, you may cancel the assignment.
3. After a remote agreement is established, the information referred to in Article 2 paragraph 3 and paragraph 6 shall be provided in writing. With a certain validity period or issue date.
Article 4 – Cancellation & (interim) termination of the agreement1.
You may cancel and terminate a fixed-term contract at any time. The Excellus Academy will send you a confirmation of this. If there is a contact education agreement with a fixed start date, the following cancellation and mid-term termination policy applies*. You must pay:
Cancel up to 2 months in advance
10% of the agreed price less study materials not yet received
Cancel between 2
20% of the agreed price less
Of study materials not yet received
months and 1 month before commencement
Cancel between 1 month and 2 weeks prior to commencement
50% of the agreed price less study materials not yet received
Cancel less than 2 weeks prior to commencement
100% of the agreed price less study materials not yet received
2.If an institution enters into an agreement for an in-company or group course, a quotation will be made based on the number of participants. The above rates then apply to the entire agreement. The institution itself is responsible for replacing any dropped participants. The number of participants – and therefore the agreement – can be changed up to 3 months before the start of the course.
Cancellation before the contact teaching and/or any electronic (learning) environment – to which you will have access – has begun will be in writing or electronically. In accordance with the cooling-off period, you can cancel your registration free of charge up to 14 days from the registration date at email@example.com. Grace period does not apply to in-company and group courses. After these 14 days, the rates in the table in Article One apply. If the course begins within 14 days of registration, you agree to waive the cooling-off period. The date of sending the e-mail or the stamp on the stamp is leading regarding the cooling-off period. A colleague may substitute for you at any time. The invoice will
100% of the agreed price less study materials not yet received
Interim terminations will be sent to the previously registered participant.
3. If there is an agreement concerning only a (partial) examination, the following cancellation policy applies:
(a) cancellation prior to commencement shall be in writing or electronically.
Again, the date the e-mail was sent or the stamp on the stamp is leading regarding the date of unsubscription;
b) in case of cancellation up to six weeks before the start, you will owe the administration fee with a maximum of € 50, -. If an electronic (learning) environment is used, these costs must be paid in full*. These fees are in addition to any administration fees;
c) in case of subsequent cancellation, you will be liable for the full, agreed price.
4. If you purchase (only) an electronic (learning) environment (e-learning), cancellation is not possible – after the login details have been provided. If payment has been made, but login details have not yet been provided, the participant may waive the relevant electronic (learning) environment, and in this case the legal standard as described under point 2 applies.
5. In the case of a distance contract that relates primarily to the purchase of teaching materials, you have a period of fourteen days in which you may dissolve the contract without giving reasons. This period begins on the day following the day of receipt of the teaching materials. However, if the course materials are delivered periodically, as in the case of regular additions of Syllabi every (half) year, then the cooling-off period ends fourteen days from the first day after receipt of the first course material. The above at point 5 applies to teaching materials already developed by the Excellus Academy. If tailor-made educational materials are made, a separate agreement will be made between Excellus Academy and you regarding delivery, payment and cancellation.
6. The Excellus Academy will make available to you a (digital) form for said dissolution of the agreement. You are not required to use this form to do so.
7. In the event of dissolution in accordance with paragraphs 5 and 6, you must return any course materials to be received from the Excellus Academy to the Academy as soon as possible. We are entitled to charge you for the direct cost of return shipping. Return shipping is at your risk. Course materials presented on an electronic data carrier (USB flash drive or otherwise) with the seal of the packaging broken cannot be returned and their price must be paid in full by you to Excellus Academy. This will also be in the offer.
8. The Excellus Academy has the right to cancel a training/(re)exam or other service without giving reasons. In case of cancellation in this case, you are entitled to the full amount you paid. The participant/participant has no claim for compensation. Excellus Academy is entitled to change the date, start time, times and location of a training course at any time. If the Excellus Academy finds that you cannot reasonably be asked to attend the in-service training under the changed conditions, the Excellus Academy may decide whether or not to refund (in part) the amount agreed for the assignment.
* If an electronic (learning) environment is used for a training course and you have received the login information for this after payment, then
you must pay the cost of e.g. the e-learning module(s) at all times.
Thus, these fees – unlike contact education – cannot be cancelled. This is because the login information is provided once and cannot be passed on to other participants. Regarding the electronic (learning) environment, the Excellus Academy has a partnership with DocZero.
Article 6 – Copyrights
1. The course materials offered (e-learning or distributed PowerPoint presentations or otherwise) are for personal use only. All items provided by the Excellus Academy, such as books, (mock) exams, readers and software are subject to copyrights of the Academy or third parties. The matters referred to in this article may not be reproduced, disclosed and/or otherwise brought to the attention of third parties or provided to third parties without the express prior consent of Excellus Academy, both during the term of the training and thereafter. It is also not permitted to disclose the material in modified form or use it under one’s own name without written permission from Excellus Academy. The copyright/property rights to the course rests entirely with Excellus Academy.
Article 7 – Price (changes).
1. If a price change occurs within three months of the conclusion of the agreement but before the educational service begins, it will not affect the agreed price.
2. You are entitled to dissolve the agreement if after three months from the conclusion of the agreement, but before the educational service begins, the price is increased.
3. Paragraphs 1 and 2 do not apply to price changes resulting from the law.
4. Prices are listed on the Excellus Academy website. These prices are binding unless a different price was agreed upon at the time of the offer referred to in Article 2.
5. Quoted prices are in euros and are exempt from VAT, unless explicitly stated otherwise or agreed upon in writing.
Article 8 – Delivery/Examination
1. Teaching Materials
a. The Excellus Academy will deliver any (digital) teaching materials to you in a timely manner.
Timely delivery includes providing timely access to course materials provided electronically. This will usually be done within 5 days of payment of the full course fee.
b. When purchasing standard teaching materials without tuition, the maximum delivery time is 30 days, unless otherwise agreed upon. If this delivery time is exceeded, you may rescind the agreement without further notice. If customized education is involved, individual arrangements will be made with the participant and recorded in the offer.
c. Wrong or damaged (standard) course materials will be replaced immediately and within one week by Excellus Academy at no cost to you.
(Exam) assignments 2.
a. You will be informed in the offer of the time period within which
submitted/made assignments or tests are corrected.
b. The timing of receiving back corrections should be in reasonable proportion
stand until the time of commencement of further education respectively
of any retake. This will appear in the offer.
c. If it is only a physical exam without prior training at the Excellus
Academy, you are entitled to a one-time retake at no cost. Depending on the results, the retake may take place immediately after the exam. If you failed the exam on too many points, a decision may be made to schedule another date. The date of the retake will be determined with you. The Excellus Academy will make its best efforts to have this retake within 6, but in any case within 8 weeks. A different examiner will administer the exam to you in this case. Full information regarding (practical) exams and possible retakes are on the website and will also be included in the offer.
d. E-learning. The Excellus Academy uses DocZero’s e-learning modules. We have no influence on the content or examination of this digital test.
Article 9 – Conformity and non-performance of the contract
1.The training and any (digital) learning materials provided meet your reasonable expectations. However, always read carefully the information on the website belonging to the training and/or the offer and – if everything is not clear
– inform well. For possible additional information about an (educational) service and/or exam, which in your opinion are not clearly described on the website or the offer, the Excellus Academy refers you to: firstname.lastname@example.org,(072) 240 0200. If you fail to fulfill your obligations, Excellus Academy is authorized to
suspend its obligations. If Excellus Academy fails to fulfill its obligations, you may suspend your obligations. In case of partial or unsatisfactory fulfillment, suspension is permitted only to the extent justified by the failure.
2. The Excellus Academy has the right of withholding (retention) if you fail to meet a due and payable obligation, unless the failure does not justify such withholding.
3. If one of the parties is in default in fulfilling the contract, the other party is entitled to dissolve the contract, unless the default does not justify dissolution in view of its minor significance.
Article 10 – Payment
1. Payment shall be made by crediting the amount due to a bank account designated by Excellus Academy, indicated on the agreement, at the time of purchase or delivery, or payment by forms of electronic payment recognized by banks. Paying in cash is also possible in some situations and only after consultation.
2. If payment by installments has been agreed upon, you must – subject to the provisions of paragraph 3 – pay according to the installments and percentages, as set forth in the agreement.
3. Payment for the educational service is made before the training/exam or (physical) service starts. The Excellus Academy may require you to pay the full amount no later than 10 days before the day of commencement of the educational service, as referred to in Article 2(3).
4. When purchasing teaching materials without tuition, payment must be made no later than the time and place of delivery. You may be required by Excellus Academy to pay up to half of the purchase price in advance. This will then be in the agreement.
Article 11 – Late payment
You are in default from the expiration of the payment date. Excellus Academy will send a free payment reminder after that date has passed and will give you the opportunity to pay within 14 days, after receipt of this payment reminder.
a) If you do not meet your payment obligation(s) on time, the Excellus Academy will send you a reminder. You will still have 14 days to pay.
b) If you have not paid after the expiration of this period, the Excellus Academy is entitled to charge statutory interest and extrajudicial collection costs on the amount still due.
c) These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40.
Article 12 – Suspension
While a complaint or dispute is pending, Excellus Academy will suspend charging interest and collection fees.
Article 13 – Exclusion.
The Excellus Academy has the right, in exceptional cases and without giving reasons, to exclude a participant before the start of participation in a training course. The student is then not entitled to a refund of the full amount paid by the student to Excellus Academy. The Excellus Academy reserves the right to deny access to the training to any participant who arrives more than 15 minutes late, the student is not entitled to any refund.
The Excellus Academy reserves the right to remove a student who misbehaves from the training, if, in the opinion of the Excellus Academy, the misbehavior has a disruptive effect on the training The student will not then be entitled to any refund.
Article 14 – Liability and indemnities of the Excellus Academy
Participation in the training is entirely at your own risk. The participant is personally liable for all damages caused to himself or third parties during the training. The Excellus Academy can only be held liable for damages suffered by the participant for which the Excellus Academy is insured or should have been insured and which are directly and exclusively the result of a deliberate recklessness, shortcoming or intentional act or omission attributable to the Excellus Academy. The Excellus Academy is not liable for any business or consequential damage, direct and/or indirect, due to the actions of hired helpers, except to the extent that such damage is caused by intentional or deliberate recklessness attributable to the Excellus Academy. The Excellus Academy is not liable for damage to property of participant, participant(s) and third parties, nor for stagnation or consequential damages. Furthermore, the Excellus Academy can never be held liable for results not obtained during a (re)exam or exam via e-learning.
Article 15 – Confidentiality
Services are subject to our terms and conditions of the KVK Part of Excellus Group.
The Excellus Academy respects the privacy of its participants and handles your personal data with care and confidentiality. In doing so, the Academy complies with the requirements of the General Data Protection Regulation (AVG). Information provided by you will be kept confidential by Excellus Academy, its staff and/or persons working for us. The Excellus Academy conforms to applicable privacy laws.
Article 16 – Communication
For substantive questions and/or comments regarding class material, training, etc., the Excellus Academy refers you to: email@example.com.
For other questions, the Excellus Academy refers you to: firstname.lastname@example.org(072) 240 0200.
The Excellus Academy strives to respond substantively to your communication within 3 days. If your communication is a complaint, other deadlines apply. For this we refer you to our complaints procedure.