SUSC Terms and Conditions

1. Definition of terms

1.1. General Terms and Conditions: these general terms and conditions of SUSC.

1.2. SUSC: SUSC B.V. (CoC no. 90373960) reachable via Wegastraat 29, 2516 AN Den Haag, phone number 06-11707458, website: www.susc.nl, email: info@SUSC.nl.

1.3. Consultancy: advisory programs within an organisation or for an individual.

1.4. Participant: the person participating in a training program of SUSC.

1.5. In-company program: a customized training program exclusively organized for one or more Clients by SUSC.

1.6. Client: the party (individual or organization) who wishes to conclude or has concluded a contract with SUSC.

1.7. Training: a training program in which participation is possible through open registration or in-company.

1.8. Offer: any offer by SUSC to conclude a contract, at a Client’s request or otherwise.

1.9. Contract: any contract between SUSC and a Client.

1.10. Distance contract: a contract as referred to in Article 6:230g under e of the Civil Code, which exclusively uses one or more means of remote communication up to and including the conclusion of the contract.

1.11. Parties: SUSC and the Client jointly.

1.12. In writing: by letter or by email.

Applicability

2.1. The General Terms and Conditions apply to every Offer and Contract.

2.2. Legally valid deviation from the General Terms and Conditions is only possible in writing.

2.3. Modified General Terms and Conditions are considered to (also) apply to the (issued) Offer and the (concluded) Contract if the Client has not protested to SUSC with regard to their application in writing within 30 calendar days after the modified General Terms and Conditions were sent.

Conclusion of the Contract

3.1. The Offers are without obligation and valid for 30 calendar days.

3.2. The Contract is concluded through written agreement from SUSC.

3.3. A Contract is exclusively concluded between SUSC and the Client. The operation of Articles 7:404 and 7:407 of the Civil Code is excluded.

3.4. Any agreements, commitments and/or modifications deviating from the offer after conclusion of the Contract are only binding for SUSC if they have been confirmed in writing by SUSC.

3.5. Participants, being consumers, who book the training (whether they pay for the training themselves or the employer/company pays for the training) have a cancellation period of 14 days. This does not apply if a company books the training.

Performance of the Contract

4.1. Contracts concluded with SUSC create a best efforts obligation on the part of SUSC, not an obligation of result. In carrying out its activities, SUSC shall observe the care befitting a good contractor as referred to in Article 7:401 of the Civil Code.

4.2. Time frames indicated by the Client or agreed between SUSC and the Client are considered to be target dates and are therefore not binding for SUSC.

4.3. SUSC has the right to have the Contract or parts thereof performed by or partially performed by third parties. If SUSC engages third parties for the performance of a contract concluded with SUSC, SUSC is obliged to select these third parties with care.

Confidentiality

5.1. SUSC, its staff and/or third parties engaged by SUSC shall treat the information provided by the Client as confidential.

Prices

6.1. All prices listed by SUSC are in euros, exclusive of VAT. Arrangement expenses and accommodation expenses are not included in the prices, unless explicitly stated otherwise. The most up-to-date prices are indicated on the website www.susc.nl.

6.2. SUSC may charge on to the Client cost-increasing factors (including, but not limited to, procurement prices, salaries and taxes) occurring in the interim and emerging after the conclusion of the contract.

6.3. If the Client is a private individual, and the cost-increasing factors referred to in paragraph 2 lead to a price change within three months following the conclusion of the contract, the Client has the right to terminate the Contract.

Invoicing and payment

7.1. SUSC sends invoices after the conclusion of the Contract.

7.2. Client shall pay the amounts owed to SUSC without set-off, suspension and/or discount within 30 calendar days after the invoice date, however always before the start of the training.

7.3. If the Client has not paid the full amount within the set term, the Client is in default without further notice being required. In this event, in addition to the legal commercial or other interest, the Client also owes collection charges amounting to 15% of the amount not paid on time.

Relocation, rescheduling or cancellation by SUSC

8.1. SUSC has the right to relocate or reschedule a trainings day (open enrollment or in-company training) to a different date and/or time of day without giving reasons. In the case of an open enrollment training the Client has the right to cancel the rescheduled trainings day at no cost. In this event, the Client has the right to repayment of the price paid to SUSC for the cancelled of the trainings day. The rescheduling of consultancy work or an in-company training within a 1 month-timeframe will not lead to Client’s right to cancel at no cost, both parties will agreed upon a new time schedule.

8.2. SUSC has the right to cancel a training or consultancy assignment, in which event the Client has the right to repayment of the price paid to SUSC for the cancelled a training or consultancy.

Cancellations trainings by Client

Cancellation of trainings

9.1. The Client has the right to cancel an open-enrollment training in writing (including a distance contract, meaning registration for a training via the website or email) without stating reasons. In the event of such cancellation, SUSC has the right to charge the following costs to the Client:

Cancellation is free of charge up to 6 weeks before the start of the first meeting.
If canceled between 6 weeks and 3 weeks before the start of the first meeting, the costs are 50% of the price.
If canceled within 3 weeks before the start of the first meeting, the costs are 100% of the price.
We consider absence on the first day as cancellation and the costs are 100% of the price.
SUSC accepts replacement colleagues for already registered participants, whereby the Client remains liable to pay the price to SUSC.

Cancellation of In-company training and consultancy

9.2. In-company training and consultancy can only be cancelled in writing and before commencement. In the event of such cancellation, SUSC has the right to charge the following costs to the Client: 50% of the price, as well as the expenses actually incurred by SUSC (to be specified by SUSC).

Early termination by the Client

10.1. If the Client terminates the Contract early after the services has commenced, the Client has no right to any repayment of the sum paid or still owed to SUSC by the Client.

10.2. If the Client terminates the Contract early after the services has commenced, SUSC may demand any claims it has against the Client immediately and in full.

Liability

11.1. In the event that the liability of SUSC is established, SUSC is only obliged to recompense direct damages, with observance of the limitations recorded in this Article.

11.2. SUSC is not liable for indirect damage (including, but not limited to, consequential damage, fines, lost sales, lost profits, lost savings, reduced goodwill, reputation damage and immaterial damage).

11.3. SUSC is not liable for direct damage that was caused or partially caused by SUSC’s use of incomplete or deficient information provided by or on behalf of the Client, or the failure of a participant to follow safety instructions or other instructions, in the context of the event on which the liability is based.

11.4. The scope of SUSC’s liability for direct damage is at all times limited to the price of the training or the fee for Consultancy as agreed in the Contract.

11.5. If the Client does not personally participate in an training program, the Client guarantees that the participants have accepted the aforementioned limitations of liability.

11.6. The limitations of liability in paragraphs 1 to 4 inclusive do not apply if the damage suffered by the Client is the result of intent or willful recklessness on the part of SUSC.

Intellectual property rights

12.1. To the extent that copyright, trademark right, design right, trade name right or other intellectual property rights apply to products and services provided by SUSC for the purposes of performance of the Contract, SUSC is and remains the holder (pursuant to third party licenses) or owner of these rights. Including, but not limited to The Business Case of Sustainability, the Strategic Sustainable Client Dialogue model and the Sustainable Change model (thinking values practices). The Client only receives a non-exclusive and non-transferrable right of use to the extent that this is necessary for the performance of the Contract.

12.2. The Client may use the material carriers of these rights exclusively for the purpose for which they were provided to the Client, and may not reproduce them or modify or remove indications of copyright, trademark, design, trade name or other indications.

Personal data

13.1. SUSC processes the personal data provided by the Client in accordance with its privacy statement.

13.2. The Client guarantees that the parties whose personal data are provided have been informed of the processing of their data by SUSC.

14 Applicable law

14.1. The Contract is exclusively subject to Dutch law.

14.2 The SUSC complaints and disputes policy applies to the contract between SUSC and the Client. The complaints and disputes policy is provided on the website www.susc.nl.