Marieke Language Education (hereinafter: Marieke Taalonderwijs) is registered with the Chamber of Commerce under number 91344786 and is located at Rietveld 195 (2611LK) in Delft.

Article 1 – Definitions

1. In these general terms and conditions, the following terms are used in the following sense unless expressly stated otherwise.
2. Offer: any offer or quotation to Principal to perform Services by Marieke Language Education.
3. Company: the natural or legal person acting in the course of a profession or business.
4. Consumer: the natural person not acting in the exercise of his profession or business.
5. Participant: the natural person who attends the education, training or course on his own initiative or is registered by the Client being a Company.
6. Services: the service provided by Marieke Taalonderwijs provides is the provision of education / study / training / course, workshop or other training activity related to language education (English-Dutch).
7. Service Provider: provides services to Client.
8. Educational Materials: the materials related to the Assignment such as course, lecture or instructional materials in any form, provided prior to, during or at the conclusion of the relevant course.
9. Client: the natural or legal person acting in the exercise of profession or business who Marieke Taalonderwijs has appointed, projects to Marieke Taalonderwijs has granted projects to Marieke Taalonderwijs for Services delivered by Marieke Taalonderwijs are performed, or to which Marieke Taalonderwijs has made a proposal under an Agreement.
10. Agreement: any Agreement and other obligations between Client and Marieke Language Educationas well as proposals of Marieke Taalonderwijs for Services to be provided by Marieke Taalonderwijs provided to Principal and accepted by Principal and have been accepted and performed by Marieke Taalonderwijs.

Article 2 – Applicability

1. These general terms and conditions apply to any Offer of Marieke Language Educationany Agreement between Marieke Taalonderwijs and Customer and to any service offered by Marieke Taalonderwijs offered.

Before an agreement is concluded, Client will be provided with these general terms and conditions. If this is not reasonably possible, Marieke Taalonderwijs indicate to the Customer in what way the Customer can inspect the general terms and conditions.

1. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions may be deviated from insofar as this is explicitly agreed upon in writing with Marieke Taalonderwijs is agreed upon in writing with Marieke Taalonderwijs.
2. These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
3. The general terms and conditions of the Client are excluded.
4. If one or more provisions of these general terms and conditions are partially or entirely void or nullified, the remaining provisions of these general terms and conditions shall remain in force, and the void / nullified provision(s) shall be replaced by a provision with the same purport as the original provision.
5. Uncertainties regarding the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained in the spirit of these general terms and conditions.
6. The applicability of Sections 7:404 and 7:407 (2) of the Civil Code is explicitly excluded.
7. Where reference is made in these General Terms and Conditions to she / he / him, this shall also be construed as a reference to he / him / his, if and to the extent applicable.

Article 3 – The offer

1. All by Marieke Taalonderwijs are without obligation, unless explicitly indicated otherwise in writing. If the Offer is valid under limited or specific conditions, this shall be expressly stated in the Offer.
2. Marieke Taalonderwijs is only bound to an Offer if it is confirmed by the Client in writing. Nevertheless Marieke Taalonderwijs has the right to enter into an Agreement with a (potential) Principal at a time that is convenient for Marieke Taalonderwijs. Marieke Taalonderwijs Marieke Taalonderwijs.
3. The offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the offer. Any details in the offer are only indicative and cannot be grounds for any compensation or dissolution of the Agreement.
4. Offers or quotations do not automatically apply to follow-up orders.
5. Delivery times in the supply of Marieke Taalonderwijs are in principle indicative and, if exceeded, shall not entitle the Customer to dissolution or damages, unless explicitly agreed upon otherwise.
6. The minimum age of the Client must be 18 years, unless the minor of 5 years or older has obtained explicit and written consent from his / her parent(s) and / or legal guardian and proves this through the consent form provided by Marieke Taalonderwijs.

Article 4 – Establishment of the agreement

1. The agreement is concluded the moment the Principal receives an Offer or Agreement from Marieke Language Education by sending a signed copy (scanned or original) to Marieke Taalonderwijs or explicitly and unambiguously agrees to the Offer by e-mail.
2. Marieke Taalonderwijs has the right to revoke the Agreement up to 5 working days before the start of the relevant Service.
3. Marieke Taalonderwijs is not bound to an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from such mistake or clerical error.
4. If the Agreement is entered into by more than one Principal, each Principal shall be individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.

Article 5 – Duration of the agreement

1. The Agreement is entered into for the duration of the assignment, unless otherwise agreed upon.
2. Both Client and Marieke Taalonderwijs may terminate the agreement on the grounds of an attributable failure in the fulfillment of the agreement if the other party has been given notice of default in writing and a reasonable term to fulfill its obligations and it still fails to properly fulfill its obligations. This also includes the Client’s payment and cooperation obligations.
3. The dissolution of the agreement shall not affect Principal’s payment obligations insofar as Marieke Taalonderwijs has already performed work or delivered performances at the time of dissolution. Client shall pay the agreed remuneration.
4. Both Client and Marieke Taalonderwijs may terminate the agreement in whole or in part in writing with immediate effect without further notice of default in case one of the parties is in suspension of payment, bankruptcy is applied for or the company concerned ends by liquidation. If a situation as mentioned above occurs Marieke Language Education never be held to restitution of monies already received and / or damages.
5. The purchased Services must be fully used within 1 year after purchase otherwise the Service will expire.

Article 6 – Cancellation

1. Prior to the commencement of the Service, Customer being a Consumer has the right to cancel the Agreement no later than 14 days after entering into the Agreement. In case of a premature termination of the Agreement, the Customer shall owe the actual costs incurred up to that time of Marieke Language Education.
2. The Agreement is not terminable in the interim.
3. The applicability of Article 7:408 (1) of the Civil Code is explicitly excluded.
4. Before commencement of the Service, the Customer must make an advance payment. In principle, monies already paid shall not be refunded in case of premature termination, unless the Agreement is terminated due to compelling interests of the Customer and with the written approval of Marieke Taalonderwijs is terminated. If Principal terminates the Agreement before the Service is completed or the time for which the Agreement was entered into has expired, the outstanding costs of the Service, insofar as they are not already covered by the advance payment, shall be charged to Principal. In determining this, account shall be taken, inter alia, of the costs already incurred by Marieke Taalonderwijs performed, the benefit enjoyed by the Customer thereof and the ground on which the Agreement was terminated.
5. Without prejudice to the preceding paragraph, Principal shall pay the full cost of the Service to Marieke Taalonderwijs if the end of the Agreement is attributable to the Customer and payment of the full costs is reasonable given the circumstances of the case. Such is in any case the case if the Customer stops the Service of his own accord due to, but not limited to: reduced motivation, lack of time, finding another job, starting another course, or any other reason for which the Customer himself terminates the Agreement prematurely, and Marieke Language Education cannot reasonably be blamed.
6. Costs relating to Teaching Materials already delivered or otherwise made available to the Client will never be eligible for refund and will be charged to the Client upon premature termination of the Agreement.

Article 7 – Performance of services

1. Marieke Taalonderwijs shall make every effort to perform the agreed service with the utmost care as may be expected of a good service provider. Marieke Taalonderwijs guarantees professional and independent service. All services shall be performed on the basis of an obligation to perform to the best of one’s ability, unless a result has been explicitly agreed upon in writing and described in detail.
2. Marieke Taalonderwijs guarantees that all information required for participation in the Service concerned will be provided to the Customer in time, or at the latest 14 days prior to commencement of the Service, unless the Customer has not yet fulfilled his / her payment obligation.
3. The Agreement under which Marieke Language Education performs the Services is leading for the scope and extent of the Services.
4. The information and data provided by the Principal are the basis on which the information and data provided by Marieke Taalonderwijs services offered and prices are based on. Marieke Taalonderwijs has the right to adjust its services and its prices if the information provided turns out to be incorrect and / or incomplete.
5. In performing the Services Marieke Taalonderwijs not obliged or required to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the directions result in further work for Marieke Taalonderwijs, Customer shall be obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
6. Marieke Taalonderwijs is entitled to engage third parties to perform the Service at its own discretion.
7. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may affect the performance of the Assignment. At no time is Marieke Taalonderwijs liable for adjusting the planning or content of the Service.
8. If the commencement, progress or delivery of the Services is delayed because, for example, Client has not provided all requested information or has not provided it on time, or not in the desired format, does not cooperate sufficiently, any advance payment has not been received on time by Marieke Taalonderwijs or due to other circumstances for the account and risk of the Principal, there is a delay. Marieke Taalonderwijs has the right to a reasonable extension of the delivery period. All damage and additional costs resulting from delay due to a cause as mentioned above shall be at the expense and risk of the Principal.

Article 8 – Educational materials

1. Marieke Language Education shall make the Teaching Materials required for participation in the training available to the Participant in time, or at the latest 14 days before the start of the training, unless the Participant has not yet fulfilled her payment obligation.
2. All by Marieke Taalonderwijs delivery times used by Marieke Taalonderwijs are determined to the best of our ability based on the data from which Participant Marieke Taalonderwijs at the time of entering into the Agreement. Marieke Taalonderwijs is not liable for any exceeding of delivery times.

Article 9 – Obligations of principal

1. Client shall be obliged to pay all Marieke Taalonderwijs requested by Marieke Taalonderwijs as well as relevant appendices and related information and data (including the number of Participants with full names, date of birth and place of birth) in due time and / or before commencement of the Assignment and in the desired form for proper and efficient execution of the Agreement. Failing this, it is possible that Marieke Taalonderwijs is unable to realize a full execution of the Agreement. The consequences of such a situation shall at all times be at the expense and risk of the Principal.
2. Marieke Taalonderwijs is under no obligation to verify the accuracy and / or completeness of the information provided to it or to update Principal regarding the information if it has changed over time, nor is Marieke Taalonderwijsresponsible for the accuracy and completeness of the information provided by Marieke Taalonderwijs compiled for third parties and / or provided to third parties under the Agreement.
3. Marieke Language Education may, if necessary for the execution of the agreement, request additional information. Failing this Marieke Taalonderwijs entitled to suspend her work until the information has been received, without being obliged to compensate any damages on any account whatsoever towards the Principal.
4. Client or Participant is obliged to attend all (online) meetings. If Participant is unable to attend for any reason, Participant must make this known before the start of the day in question, stating valid reasons.

Article 10 – Content of the Service

1. If any advice or recommendations are given during the performance of the education, training and / or course, the contents thereof shall not be binding and of an advisory nature only, but shall be Marieke Taalonderwijs observe her duty of care. Client shall decide on his / her own responsibility whether to follow the advice.
2. The result of the Service is at all times dependent on the commitment of the individual Participant. Participants are expected to actively participate in the Service. If homework is given or otherwise requires some preparation, Participants must have completed it before the start.
3. If Participant is required to take care of certain items within the framework of the Service (books, laptop, etc.), the Marieke Language Education Inform Participant of this in a timely manner.
4. Participant will be Marieke Language Education in writing prior to the commencement of the Service all circumstances that are or may be relevant including any items and priorities for which Participant wishes attention.
5. In case of illness or late attendance of the Participant, the (late) absence must be communicated as soon as possible to Marieke Language Education. If this is not done or not done in time Marieke Taalonderwijs may charge extra costs or further affect the rights the Participant is entitled to under the Agreement. Illness or absence shall not affect Participant’s payment obligation. Under no circumstances will Participant be entitled to restitution of monies already paid or any form of compensation if she misses a class day or meeting prematurely.
6. If Participant appears more than 15 minutes later than the agreed upon starting time of a meeting, is Marieke Language Education (or the teacher concerned) is entitled to deny Participant access. The consequences of not being able to participate shall in such case be at the expense and risk of the late Participant, unless otherwise agreed upon.

Article 11 – Additional work and changes

If during the performance of the Agreement it appears that the Agreement needs to be adjusted, or at the request of the Client further work is necessary to achieve the desired result of the Client, the Client is obliged to pay for this additional work according to the agreed rate. Marieke Taalonderwijs shall not be obliged to comply with such request, and may require the Principal to enter into a separate Agreement for that purpose and / or refer to an authorized third party.

Article 12 – Prices and payment

1. All prices are in principle exclusive of sales tax (VAT), unless otherwise agreed.
2. The fee for the Service includes costs for Educational Materials, but excludes any costs related to additional workshops, meetings and items provided to Participant that have not been agreed upon in advance, as well as the cost of exams.
3. All by Marieke Language Education provided with respect to Teaching Materials shall remain the property of Marieke Taalonderwijs until Customer meets all following obligations from all agreements with Marieke Taalonderwijs concluded with Marieke Taalonderwijs have been fulfilled.
4. Marieke Language Education shall perform her Services in accordance with the agreed rate. Payment shall be made prior to commencement of the Service, at least prior to commencement of the education, course or training concerned, unless otherwise agreed upon. If a further term of payment has been agreed upon, the term of payment is 10 days after the invoice date. Customer shall pay these costs in one lump sum, without setoff or suspension, to the account number and details of Marieke Language Education.
5. Marieke Taalonderwijs reserves the right to deny a Participant access to a Service if Client has not fulfilled his payment obligations.
6. Client is obliged to fully reimburse the costs of third parties such as examination agencies unless expressly agreed otherwise.
7. The Client cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
8. Marieke Language Education is entitled to increase the applicable prices and rates annually in accordance with the prevailing inflation rates. Other price changes during the Agreement shall only be possible if and insofar as they are explicitly stipulated in the Agreement.
9. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or petition for payment against Client, payment and all other obligations of Client under the Agreement shall become immediately due and payable.

Article 13 – Collection policy

1. If Client fails to fulfill her payment obligation, and has not fulfilled her obligation within the payment period set for it, Client shall be in default by operation of law. Client being a Consumer shall first receive a written demand for payment with a term of 14 days after the date of receipt, to still fulfill her payment obligation with a specification of the extrajudicial costs if Client does not fulfill her obligations within that term, before she is in default.
2. As of the date that Principal is in default, Marieke Taalonderwijs shall Marieke Taalonderwijs be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs in conformity with article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
3. If Marieke Taalonderwijs incurred more or higher costs which are reasonably necessary, such costs shall be eligible for reimbursement. The integral judicial and execution costs incurred shall also be borne by the Principal.

Article 14 – Privacy, data processing and security

1. Personal data of Participants are collected in the performance of the Services. Marieke Language Education will handle the (personal) data of the Participants concerned with care and will only use them in conformity with the applicable standards. If so requested Marieke Taalonderwijs inform the person concerned.
2. Client shall be solely responsible for the processing of data that are processed using a service of Marieke Language Education are processed. Client also guarantees that the content of the data is not unlawful and does not infringe on any rights of third parties. In this respect, Client shall indemnify Marieke Taalonderwijs against any (legal) claim related to these data or the execution of the agreement.
3. If Marieke Taalonderwijs is required under the agreement to provide for security of information, such security shall comply with the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data, and the costs involved.

Article 15 – Suspension and dissolution

1. Marieke Taalonderwijs has the right to deny Participant access to the Course or to retain the Course Materials if the Customer has not yet (fully) fulfilled her payment obligations. This right shall remain in full force and effect if a for Marieke Taalonderwijs justified reason arises justifying suspension in that case.
2. Marieke Taalonderwijs is authorized to suspend the fulfillment of its obligations as soon as the Principal is in default of the fulfillment of any obligation ensuing from the agreement, including late payment of its invoices. The suspension shall immediately be confirmed to the Client in writing.
3. Marieke Taalonderwijs shall in such case not be liable for damages, on any grounds whatsoever, resulting from the suspension of her work.
4. The suspension (and / or dissolution) shall not affect the Customer’s payment obligations for work already performed. Moreover, Principal shall be obliged to Marieke Taalonderwijs compensate Marieke Taalonderwijs for any financial loss incurred by Marieke Taalonderwijs suffers as a result of the default of Principal.

Article 16 – Force majeure

1. Marieke Taalonderwijs is not liable if, as a result of a force majeure situation, it cannot fulfill its obligations under the agreement.
2. Force majeure on the part of Marieke Language Education shall in any case include, but not be limited to: (i) force majeure of suppliers of Marieke Taalonderwijs(ii) failure to properly fulfil obligations of suppliers assigned to Marieke Taalonderwijs by the Principal or his / her third parties. Marieke Taalonderwijs (iii) defectiveness of software or any third parties involved in rendering the service, (iv) government measures, (v) failure of electricity, Internet, data network and / or telecommunication facilities, (vi) illness of employees of Marieke Taalonderwijs Marieke Taalonderwijs or advisors engaged by her, and (vii) other situations which in the opinion of Marieke Taalonderwijs beyond its control that temporarily or permanently prevent fulfillment of its obligations.
3. In the event of force majeure, both Parties shall have the right to dissolve the Agreement in whole or in part. All costs incurred prior to the dissolution of the Agreement shall in that case be paid by the Client. Marieke Taalonderwijs shall not be obliged to compensate Principal for any losses caused by such rescission.

Article 17 – Limitation of liability

1. If any result stipulated in the Agreement is not achieved, a shortcoming of Marieke Taalonderwijs be deemed to exist only if Marieke Taalonderwijs expressly promised this result when accepting the Agreement.
2. If the performance of services by Marieke Language Education leads to liability of Marieke TaalonderwijsThat liability shall be limited to the total amount invoiced within the framework of the Agreement, but only with respect to direct damage suffered by the Principal, unless the damage is the result of intent or recklessness bordering on intent on the part of Marieke Taalonderwijs. Marieke Language Education. Direct damage shall mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability and the manner of repair.
3. For personal or bodily injury, the liability of Marieke Taalonderwijs is further limited to a maximum of the amount to be paid by the insurance company per event, per year, increased by the amount of the costs borne by Marieke Taalonderwijs. Marieke Taalonderwijs deductible. All this subject to intent or recklessness bordering on intent on the part of Marieke Taalonderwijs.
4. Marieke Language Education expressly excludes all liability for consequential damages. Marieke Taalonderwijs shall not be liable for consequential damage, indirect damage, trading loss, loss of profits and / or losses suffered, missed savings, damage due to business stagnation, capital losses, delay damage, interest damage and immaterial damage.
5. Client shall indemnify Marieke Taalonderwijs for all third-party claims resulting from a defect as a consequence of a service provided by the Principal to a third party and partly consisting of services provided by Marieke Taalonderwijs delivered, unless Principal can prove that the damage was exclusively caused by the service of Marieke Taalonderwijs.
6. Some by Marieke Taalonderwijs advice, based on incomplete and / or incorrect information provided by the Principal, shall never constitute ground for liability of Marieke Taalonderwijs. Marieke Taalonderwijs.
7. Participant’s successful completion of the training is not guaranteed. Participant is always responsible for successful completion of the training. On Marieke Language Education Marieke Taalonderwijs is obliged to do its utmost to guide Participant to the best of its ability within the framework of the Agreement. Any liability for damage Participant suffers as a result of not successfully completing the Service is excluded, expressly including consequential damage. All this except in the situation of intent or conscious recklessness of Marieke Language Education. However, even in that case the liability is limited as described in paragraph 2 of this article.
8. Marieke Language Education does not guarantee the correct and complete transmission of the content of and by / on behalf of Marieke Taalonderwijs sent by / on behalf of Marieke Taalonderwijs, nor for the timely receipt thereof.
9. All claims of Customer due to shortcomings on the part of Marieke Taalonderwijs lapse if they have not been reported in writing and motivated to Marieke Taalonderwijs within one year after the Principal was aware or could reasonably have been aware of the facts on which she bases her claims. One year after termination of the Agreement between the parties, the liability of Marieke Taalonderwijs.

Article 18 – Secrecy

Marieke Language Education and Client undertake to keep confidential all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected to be confidential information. Confidentiality shall not apply if the information concerned is already public / general knowledge, the information is not confidential and / or the information was not disclosed to the Principal during the Agreement. Marieke Taalonderwijs during the Agreement and / or was otherwise disclosed to Marieke Taalonderwijs by Marieke Taalonderwijs has otherwise been obtained by Marieke Taalonderwijs.

Article 19 – Intellectual Property Rights.

1. All IP rights and copyrights of Marieke Language Education including in any case, but not limited to, all presentations, designs, Teaching Materials, models, reports and advice are held exclusively by Marieke Taalonderwijs and shall not be transferred to the Client unless expressly agreed otherwise.
2. The Client shall be prohibited from using all documents and software to which the IP rights and copyrights of Marieke Taalonderwijs rest outside the scope of the Agreement and / or to disclose and / or reproduce, modify or make them available to third parties (including use for commercial purposes) without the express prior written consent of Marieke TaalonderwijsIf the Customer wishes to make amendments to the work delivered by Marieke Taalonderwijs Delivered by Marieke Taalonderwijs, the Marieke Taalonderwijs explicitly approve the intended changes.
3. The Client is prohibited from using the items and documents to which the intellectual property rights of Marieke Taalonderwijs otherwise than as agreed in the Agreement.
4. The parties will inform each other and take joint measures if an IP rights infringement occurs.

Article 20 – Indemnification and accuracy of information

1. The client is himself responsible for the accuracy, reliability and completeness of all data, information, documents and / or records, in whatever form they are submitted to Marieke Taalonderwijs within the framework of an Agreement, as well as for the data obtained from third parties and submitted to Marieke Taalonderwijs. Marieke Taalonderwijs have been provided to Marieke Taalonderwijs for the purpose of performing the Service.
2. Client shall indemnify Marieke Taalonderwijs from any liability as a result of the failure to fulfill the obligations regarding the timely provision of all correct, reliable and complete data, information, documents and / or records, as well as the timely attendance of Participant.
3. Client shall indemnify Marieke Taalonderwijs for all claims of the Client and third parties engaged by or working under her, as well as of clients of the Client, based on the failure to obtain any permissions required within the scope of the execution of the Agreement (in a timely manner).
4. Client shall indemnify Marieke Taalonderwijs for all claims of third parties arising from the work done for the Client, including but not limited to intellectual property rights on Teaching Materials.
5. If the Client sends electronic files, software or data carriers to Marieke Taalonderwijs Customer guarantees that they are free of viruses and defects.
6. Client shall indemnify Marieke Language Education from all claims arising from the unsuccessful completion of training, courses or other education under the Agreement by a Participant.

Article 21 – Complaints

1. If Client is not satisfied with the service of Marieke Taalonderwijs or otherwise has complaints about the execution of the Assignment, Principal is obliged to report these complaints as soon as possible, but no later than within 7 calendar days after the relevant occasion that led to the complaint. Complaints may be reported verbally or in writing with the subject line “Complaint”.
2. The complaint must be sufficiently substantiated and / or explained by the Client in order for Marieke Language Education be able to handle the complaint.
3. Marieke Taalonderwijs will respond to the complaint in substance as soon as possible, but at the latest within 7 calendar days after receipt of the complaint.
4. The parties will try to reach a solution jointly.

Article 22 – Applicable law

1. To the legal relationship between Marieke Taalonderwijs and Client shall be governed by Dutch law.
2. Marieke Taalonderwijs has the right to amend these general terms and conditions and shall notify Principal thereof.
3. In case of translations of these general terms and conditions, the Dutch version shall prevail.
4. All disputes arising out of or as a result of the agreement between Marieke Taalonderwijs and Principal, shall be settled by the competent court of the District Court of The Hague, location The Hague, unless provisions of mandatory law designate another competent court.

Delft, Jan. 27, 2024