GENERAL TERMS & CONDITIONS GLOBAL NETWORK GROUP

GENERAL TERMS AND CONDITIONS
VERSION: MARCH 2016
PART A: GENERAL
1. ACCEPTANCE, APPLICABILITY AND ESTABLISHMENT
1.1. These General Terms and Conditions apply to all offers and agreements of Global Network Group, her subsidiaries, registered trade names and registered trade activities as well as all legal relations arising from such offers and agreements.
1.2. These General Terms and Conditions consist of several parts, viz:
  • Part A: General
  • Part B: Registration and certification
  • Part C: Continuing Professional Development (CPD) and activities
1.3. Any deviation from these General Terms and Conditions will only be valid if explicitly agreed upon in writing.
Global Network Group will not accept any General Terms and Conditions provided by the client and/or customer, unless otherwise agreed upon in writing.
1.4. All offers made by Global Network Group are free of obligations, unless explicitly stated otherwise.
Global Network Group will not accept any General Terms and Conditions provided by the client and/or customer, unless otherwise agreed upon in writing.
1.5. All offers made by Global Network Group are free of obligations, unless explicitly stated otherwise.
1.6. An agreement between Global Network Group and the client and/or customer will become effective through a written, verbal or internet assignment or application or enrolment or agreement by the client and/or customer and/or participant and acceptance thereof by Global Network Group.
1.7. An assignment, application, enrolment or agreement will be considered as accepted by Global Network Group upon receipt, unless the client and/or customer has been notified of the contrary in writing.
1.8. Registration of participants and applicants for services and activities provided by Global Network Group will take place in order of enrolment.
1.9. Global Network Group is entitled to immediately dissolve the agreement, registration or certification if the other party fails to fulfil its obligations, or if the other party files a petition in bankruptcy or applies for a moratorium or if the other party goes into liquidation or suspends its business activities.
1.10. At all times, Global Network Group is entitled to amend the General Terms and Conditions. Such an amendment will come into effect one calendar month after the date on which the amended General Terms and Conditions were sent to the other party. If the other party objects in writing to the amendment, and does so not later than the date on which the amended General Terms and Conditions will come into effect, the original General Terms and Conditions will remain applicable to the other party.
2. BUSINESS NAMES
2.1. Global Network Group is also active with registered subsidiaries, trade names and trade activities,including the corresponding logos and domain names.
2.2. These General Terms and Conditions will also apply to all activities Global Network Group carries out under the registered subsidiaries, trade names en trade activities.
2.3. Wherever in the assignment, application, agreement, regulation, rule, correspondence or any other document Global Network Group or its registered subsidiaries, trade names or trade activities is mentioned, they are understood to mean the legal entity in which the local branch of Global Network Group carries out its activities.
3. RATES
3.1. Unless staed otherwise all rates published by Global Network Group are stated in EUROs and exclusive of any other governmentally imposed taxes and levies. If and insofar as Global Network Group is subject to value added tax (VAT) , this will be charged to the client and/or customer.
3.2. Unless stated otherwise, all prices mentioned are per individual participant and include the specific mentioned materials and services provided by Global Network Group. Any living costs, materials and services that is not provided by Global Network Group are excluded.
3.3. Living costs include, among other things, hotel, travel and accommodation expenses, also including boat, train and air trips, location costs, honoraria and costs of persons or organizations setting up or carrying out arrangements for Global Network Group.
3.4. Arrangements include, among other things, overnight stays, meals, snacks, refreshments, trips and movements, office locations and accommodation.
3.5. Global Network Group reserves the right to adjust its rates prematurely, in compliance with a thirty day term. In case an announced increase in rate also applies to a current agreement, Global Network Group will be obliged to enter into a supplementary agreement with the client and/or customer, unless stated otherwise or additionally in the assignment or agreement.
4. PAYMENTS
4.1. Unless agreed upon otherwise, payment of invoices of Global Network Group must be made, without any deduction or discount, within seven days from the date of invoice and/or prior to provision of the log in codes for the service, registration or certification for which the participant or client has enrolled.
4.2. In the event that the due payment has not been received in time, the other party will be legally in default, without any notice of default being required. In addition, as of the date of invoice, without prejudice to the legal consequences of non-observance of agreements, the other party will owe an interest rate of 1.5% per calendar month, including part of a month.
4.3. Furthermore, Global Network Group is entitled to charge collection fees to the amount of 15% of the total amount owed, with a minimum of € 150.00, without prejudice to its right to claim the full collection fees.
4.4. In case it has been agreed that payment will take place in instalments, each instalment should be received on or before the expiry date. Should the other party fail to do so, he or she will be in default and the total amount owed will fall due immediately. All instalments are specified in calendar months. For each instalment, Global Network Group charges the client and/or customer a fee to cover the administrative costs and an interest rate of 1.5% per instalment for loss of income.
4.5. Each payment made by the other party will initially be deducted from the interest and collection fees due and, subsequently, from the longest outstanding invoices, even if the other party states that the payment relates to a later invoice. The other party is by no means allowed to balance an outstanding debt arising from this agreement with a claim he or she may have against Global Network Group.
4.6. Any costs of payment will always be at the expense of the client and/or customer. Costs include, among other things: banking costs, urgency costs, translation costs, costs of transfer, costs of international transactions, costs of credit card transactions, costs of internet transactions, costs of differences in exchange rates and currencies. In case these costs come to the notice of Global Network Group after receipt of (part of) a payment by or on behalf of the client and/or customer, he or she is obliged, upon first instruction by Global Network Group, to proceed to the additional payment and/or compensation.
4.7. Global Network Group reserves the right to ask for a payment guarantee or a (partial) advance payment and to postpone the fulfilment of its obligations until this payment guarantee or advance payment has been received.
5. LIABILITY
5.1. Except for cases of intent or gross culpability, Global Network Group is not liable for any loss or damage the other party or any third party may suffer as a result of any action or negligence on the part of Global Network Group or its subordinates or third parties called in by Global Network Group.
5.2. Under no circumstances will the total liability of Global Network Group per event or series of events, in whatever capacity, exceed the amount the other party owes Global Network Group for the execution of the agreement. Furthermore, in case of periodic payments this amount will not exceed the compensation for one month at the most.
5.3. Liability for any kind of consequential loss, including loss of profits, is explicitly excluded.
5.4. In case Global Network Group, due to force majeure or unforeseen circumstances, is prevented from carrying out an agreement, Global Network Group may choose to postpone the execution for the duration of the impediment or annul the agreement, without any obligation to compensate.
5.5. Force majeure also includes shortcomings, whether or not accountable, in the performance by third parties called in by Global Network Group.
5.6. Unforeseen circumstances also include situations in which Global Network Group decides that the number of enrolments for a activity, course, training session, workshop, registration or certification is insufficient.
5.7. Any complaint must be filed within eight fourteen following the day on which the complaint arose or was discovered. If this term is not met, we are under no obligation to handle the complaint and the other party is considered to have approved the execution of the agreement.
5.8. In case of any loss or damage, the other party should notify Global Network Group in writing and as soon as possible, but not later than thirty days following the day on which the loss or damage arose or was discovered. Any loss or damage that has not been claimed within this term will not qualify for compensation.
5.9. In any case, all legal actions taken by the other party against Global Network Group will lapse after the time limit of one calendar year, as from the day on which the relevant obligation arising from the agreement became due and payable and/or the event causing the loss or damage took place.
6. WARRANTY
6.1. The other party is entirely liable towards Global Network Group for any loss or damage Global Network Group or third parties called in by Global Network Group might suffer due to non-observance of the regulations stated in these General Terms and Conditions and/or the agreement by the other party or its employees or its subcontractors.
6.2. The other party indemnifies Global Network Group against all legal actions taken by third parties that relate to a violation of its obligations arising from the General Terms and Conditions and/or the agreement by the other party or third parties that come within its area of responsibility, such as employees and subcontractors.
6.3. Furthermore, the other party indemnifies Global Network Group and all people working on its behalf against all claims and demands made by third parties due to a violation (whether or not alleged) of the rights of third parties or due to conflict with any legal regulation or other relevant rule.
6.4. In that case, Global Network Group will be fully compensated by the other party for all costs, losses or damages, and interest payments that might arise for Global Network Group and the people working on its behalf, including full legal costs.
7. INTELLECTUAL PROPERTY
7.1. All intellectual property rights with respect to the publications issued and made available by Global Network Group, including copyrights, trademark rights and database rights, are exclusively vested in Global Network Group.
7.2. Without the explicit prior written consent of Global Network Group, no publications issued or made available by Global Network Group may be reproduced, filed in a computerized database or made public in any way, shape or form, either electronically, digitally, mechanically, by photocopying, recording or in any other way.
7.3. The other party is not allowed to remove or amend any indication with respect to the intellectual property rights from the publications made available by Global Network Group.
7.4. ‘Publications’ comprise, among other things: texts, syllabi, readers, books, documents, digital files, files and registrations in the examination and learning internet application of Global Network Group and all rules and regulations and instructions for certification & registration.
8. OTHER PROVISIONS PART A (GENERAL)
8.1. In case one or more provisions in the General Terms and Conditions will prove to be fully or partially invalid, the other provisions will remain in full force and the invalid provisions will be replaced with lawful provisions which will come as close as possible to the parties’ intentions.
8.2. In all cases not or not fully covered by these provisions, Global Network Group will have independent authority.
8.3. If, during a short or longer period of time, Global Network Group allows deviations from these General Terms and Conditions, whether explicitly or tacitly, Global Network Group is still entitled to demand direct and strict observance of the General Terms and Conditions.
8.4. Global Network Group is entitled to assign its rights and obligations arising from the General Terms and Conditions and the agreement to an affiliated legal entity, in which case Global Network Group will notify the other party in time.
8.5. Except for evidence of the contrary, the records of Global Network Group will be evidence of the assignments and payments received from the other party and of activities performed by Global Network Group.
8.6. Global Network Group and the other party both acknowledge that electronic communication, in particular e-mail messages and registrations in the examination and learning & the certification & registration internet application of Global Network Group may be used in evidence.
8.7. All legal relations arising from the General Terms and Conditions and agreement(s) entered into with the other party are exclusively governed by Dutch law.
8.8. In case of multilingualism the Dutch language is preferred. In cases of dispute or conflict, Global Network Group is not obliged to provide the other party with translations, whether or not sworn. Any translation assignments and translation costs will at all times be at the expense of the other party.
8.9. In case of disputes, arising from the General Terms and Conditions and/or the assignment or agreement or from elaborating agreements, parties will initially attempt to solve these through mediation.
8.10. In case of mediation, Global Network Group will exclusively acknowledge international certified mediators.
8.11. Any disputes between Global Network Group and the other party which cannot be settled amicably, will initially and exclusively be brought to the Rotterdam district court, without prejudice to the right of Global Network Group to bring the case to another competent court or authority.
PART B: REGISTRATION AND CERTIFICATION
9. ENROLMENT, ANNULMENT, CANCELLATION, TERMINATION, ALTERATION
9.1. Global Network Group may stipulate further conditions regarding, among other things, delivery, participation, (re)registration, (re)certification, (re)entry at the (prospective) client and/or customer and/ or agency.
9.2. At enrolment, the client and/or customer commits himself to following the entire registration and certification or the agency, as stated in the assignment, enrolment, agreement or registration in the internet application of Global Network Group.
9.3. Each network enrolment and participation, registration or certification is effected for at least the remaining period of the current calendar year and the next calendar year. Despite the moment of participation, registration or certification the entire annual costs of participation are due and no costs are to be paid back or refunded.
9.4. A application for an exam, knowledge test and/or skills test is always automatically an application for registration and certification in the applicable register.
9.5. Cancellation of the participation, registration or certification free of charge is possible until the receipt of the completed application form for the requested service(s). Any costs of participation paid in advance will be refunded.
9.6. Premature cancellation is impossible. A refund of participation costs, once-off costs and annual fees is ruled out.
9.7. Annulment, cancellation or termination should take place in writing.
9.8. Annulment, cancellation and termination should take place before the first working day of the next calendar year.
9.9. At all times, the agreement will be annulled immediately after demise of the participant. The mutual rights and obligations at demise as arising from this agreement will end as soon as annulment has taken place. .
9.10. Global Network Group reserves the right to fully or partially cancel a registration or certification scheme should the number of certificateholders be insufficient. Participants will be notified of this cancellation in time. Refunds are ruled out.
9.11. At all times, Global Network Group is entitled to replace advisers, supervisors, and supervising assistants responsible for implementation of the registration and certificationprocedures and processes prior to the start or during, with other advisers, supervisors, and supervising assistants.
9.12. Furthermore, Global Network Group is entitled to change registration and certification procedures, processes and titles, in which case participants will be notified as soon as possible.
9.13. If need be, Global Network Group may deviate from the information and services as stated in its brochures and on its website.
10. PAYMENTS
10.1. Payment has to be made one calendar month prior to the start of the registration of certification year or prior to the day and time on which the participant or the client and/or customer or a third party on behalf of the participant or the client and/or customer, logs on for the first time or opens “publications” in the internet application of Global Network Group.
10.2. Payments should exclusively be made by bank transfer, credit card (as far as the credit card concerned is used or accepted by Global Network Group) or internet payment. Payments in cash will not be accepted. Credit card payments are subject to a surcharge; the surcharge is made up of the costs charged to Global Network Group by the credit card company plus the administrative costs of Global Network Group.
10.3. In case of enrolment for registration or certification or in case of logging in on or in case of opening “publications” in the internet application of Global Network Group, the costs of participation must be paid in advance.
10.4. In case the full payment has not been received prior to the start of the registration or certification year Global Network Group is entitled to deny the participant in question access to the registration, certification and all related services , in which case, however, the participant’s obligation to pay remains in full force.
11. POSITION GLOBAL NETWORK GROUP
11.1. Global Network Group aims at forming a international network of and for people, companies and organizations. To this end, participants will pay the annual fees for registration and certification per calendar year.
11.2. Global Network Group is not a franchise organization.
11.3. Global Network Group is not responsible and/or liable for the activities of the participant.
11.4. Global Network Group distinguishes as services:
  • Providing its network participants with a private and protected title and the procedure requirements and related modeldocuments;
  • Realizing umbrella agreements and collective contracts for the benefit of its network participants;
  • Providing its network participants with general and technical support services and products;
  • Facilitating international cooperation between both the network participants themselves and their external environment.
12. POSITION CERTIFICATEHOLDER
12.1. The participant is no franchisee.
12.2. The participant is entirely independent, practises business activities out of his/her own independent legal entity and is as such registered at the chamber of commerce or is connected to such an independent legal entity.
12.3. All the participant’s activities are executed by the participant entirely at his/her own account and risk and are in no way related to Global Network Group.
12.4. As far as his/her own business activities are concerned, the participant enters an agreement with the client(s) and/or customer himself/herself. In this agreement(s), Global Network Group is no contracting party.
12.5. The participant is obliged to assess all specimen modeldocuments himself/herself and to transform them into his/her own company documents and the participant indemnifies Global Network Group of all liability and responsibility.
12.6. The participant indemnifies the network of all liability and responsibility regardingall of his/her own business activities.
12.7. The word ‘participant’ includes: the (candidate) certificateholder, the (candidate) registered individual or company, the (candidate) agent, the (candidate) agency, the examinee.
13. COMPLAINTS PROCEDURE
13.1. If a participant wishes to make a complaint about the quality of the network and/or is of the opinion that Global Network Group does not fulfil the obligations arising from the agreement, he/she may enlist in writing mediation by the CEO or the Advisory Board of Global Network Group. The address is: Global Network Group, P.O. Box 5530, NL 6802 EM Arnhem, Netherlands.
PART C: CONTINUING PROFESSIONAL DEVELOPMENT (CPD) AND ACTIVITIES
14. ENROLMENT, ANNULMENT, CANCELLATION, TERMINATION, ALTERATION
14.1. At enrolment, the client and/or customer commits himself to following the entire activity, CPD program, as stated in the assignment, enrolment, training agreement or registration in the examination and learning internet application of Global Network Group.
14.2. Cancellation of the activity, CPD program, training sessions or workshops free of charge is possible until one calendar month prior to the planned starting date. Any training costs paid in advance will be refunded.
14.3. In case of cancellation of the activity, CPD program, training sessions or workshops within one calendar month and not later than three calendar weeks prior to the planned starting date, 50% of the total training costs will be due. Any training costs paid in advance will be balanced with the cancellation costs due. Any surplus will be refunded to the client and/or customer. Any deficit will be immediately due and must be paid by the client and/or customer at once.
14.4. In case of cancellation of the activity, CPD program, training sessions or workshops within three calendar weeks prior to the planned starting date or after the planned starting date, the total training costs will be due.
14.5. Cancellation of the activity, CPD program, training sessions or workshops is not possible when the participant or client, or a third party on behalf of the participant or client, has logged in on and/or has opened the ‘publications (educational materials)’ of the activity, CPD program, training session or workshop for which he or she has enrolled in the examination and learning internet application of Global Network Group.
14.6. In case of the activity, CPD program, training sessions or workshops with living costs, the living costs cannot be cancelled, regardless of the term of notice, unless agreed upon otherwise. Under any circumstances, the client and/or customer will owe the full living costs.
14.7. In case the activity, CPD program, training sessions or workshops take place on a location not owned by Global Network Group and/or include obligations not being part of the products offered by Global Network Group, such as boat, train and air trips, overnight stays and catering, the client and/or participant has direct liability. The client and/or participant indemnifies Global Network Group. In case of a cancellation the client and/or participant himself will be responsible for cancellation of the arrangement, if possible. Therefore, acceptance by Global Network Group of a timely cancellation of a activity, CPD program, training session or workshop will not relieve the client and/or participant of his obligations with respect to the arrangement.
14.8. Staying away from a activity, CPD program, training session or workshop as well as not logging in on and/or not opening ‘publications (educational materials)’ in the examination and learning internet application of Global Network Group, will not be considered to be an annulment, cancellation or termination of the activity, CPD program, training session or workshop.
14.9. Annulment, cancellation or termination should take place in writing. Annulment, cancellation and termination should take place before the first working day of the next working week.
14.10. At all times, the agreement will be annulled immediately after demise of the participant. The mutual rights and obligations at demise as arising from this agreement will end as soon as annulment has taken place.
14.11. Global Network Group reserves the right to fully or partially cancel the activity, CPD program, training session or workshop should the number of participants be insufficient. In this case, cancellation should take place not later than five working days prior to the starting date, or on an even shorter notice in case of special circumstances. Participants will be notified of this cancellation in time. Training costs that have already been paid will be refunded as soon as possible, unless new training dates have been determined in consultation with the client and/or customer and/or participant.
14.12. At all times, Global Network Group is entitled to replace trainers responsible for implementation of the activity, CPD program with other trainers, prior to the starting date or during a activity, CPD program, training session or workshop.
14.13. Furthermore, Global Network Group is entitled to move a training or activity, CPD program to a different location, in which case participants will be notified as soon as possible. In case a participant has already made reservations at the initial location, Global Network Group will mediate between the participant and the organization concerned.
14.4. If need be, Global Network Group may deviate from the maximum group size and the number of supervising trainers as stated in its brochures and on its website.
14.5. All timetables, book lists and lists of literature have been offered under the explicit reservation that they are subject to alteration.
15. CHANGING DATES, POSTPONEMENT, REPLACEMENT
15.1. Upon request, but no later than one month prior to the starting date, it is possible for participants to change the dates of a activity, CPD program, training session or workshop free of charge and to attend the same activity, CPD program, training session or workshop at a later date.
15.2. In case such a request is made later than one calendar month prior to the starting date of the activity, CPD program, training session or workshop, administrative costs to the amount of € 150.00 will be charged.
15.3. A change of starting date referred to in the two previous clauses does not affect the participant’s original obligation to pay. Global Network Group will notify the participant in writing of its decision with respect to the request.
15.4. A participant who is unable to attend may put forward a replacement free of charge prior to the starting date of the activity, CPD program or training, on condition that in the opinion of Global Network Group he or she meets the admission requirements.
15.5. Replacement at or after the starting date of the activity, CPD program or training is not allowed.
15.6. In case of an option on participation in a activity, CPD program, training session or workshop, the client and/or customer and/or participant should turn this option into a final enrolment not later than one calendar month prior to the starting date. If he or she fails to do so, the option will expire, after which no rights can be derived from it.
16. PAYMENTS
16.1. Payment must be received not later than one calendar month prior to the starting date of the activity, CPD program, training session or workshop or prior to the date and time on which the participant or client or third party on behalf of the participant logs in for the first time on or opens the ‘publications (educational materials)’ in the examination and learning internet application of Global Network Group.
16.2. Payments should exclusively be made by bank transfer, credit card (as far as the credit card concerned is used or accepted by Global Network Group) or internet payment. Payments in cash will not be accepted. Credit card payments are subject to a surcharge; the surcharge is made up of the costs charged to Global Network Group by the credit card company plus the administrative costs of Global Network Group.
16.3. In case of enrolment within one calendar month prior to, or after the actual starting date of the activity, CPD program, training session or workshop, or in case of logging in on the examination and learning internet application of Global Network Group or in case ‘publications (educational materials)’ are opened in the examination and learning internet application of Global Network Group, the training costs must be paid immediately.
16.4. In case the full payment has not been received prior to the starting date of the activity, CPD program or training, Global Network Group is entitled to deny the participant in question access to the activity, CPD program or training, in which case, however, the participant's obligation to pay remains in full force.
17. OTHER PROVISIONS PART C (CPD & ACTIVITIES)
17.1. Living costs
17.1.1. Activity, CPD program fees and training costs are not the same as living costs. Living costs are always stated separately and charged extra to the client and/or customer.
17.2. National holidays and official days off
17.2.1. Whenever possible, we take national holidays and official days off into account. However, we must emphasize that this cannot be guaranteed. The holidays and days off referred to could be scheduled. No rights can be derived from such holidays and days off with respect to cancellation, termination and absence.
17.2.2. Whenever possible, accredited professional training institutes will take important dates for the sector or branch into account, such as dates of job fairs, exhibitions and the like. However, we cannot guarantee this. The dates referred to could be scheduled. No rights can be derived from such dates with respect to annulment, cancellation, termination and absence.
17.2.3. Both working days and weekends may be considered as training days.
17.3. Books
17.3.1. Book lists will be provided. Book lists indicate whether or not syllabi, books and readers are included in the training costs. In case a syllabus, book or reader is not prescribed and is not provided by Global Network Group, participants will be obliged to purchase the item in question in time and on their own account.
17.4 Exams
17.4.1. Examination fees and participation fees for exam training are not included in the training costs, unless stated otherwise. Examination fees may be collected by Global Network Group or the external examination office or the external examination organization.
17.4.2. A application for an exam, knowledge test and/or skills test is always automatically an application for registration and certification in the applicable register.
17.5 Exam certificate
17.5.1. If a participant has passed an exam, a digital exam certificate will be placed on his/her personal page in the examination and learning internet application of Global Network Group.
17.6 Missed lessons
17.6.1. In case participants have missed part of a activity, CPD program, training session or workshop, they may be expected to catch up on the missed lessons in order to receive a proof of participation from Global Network Group and/or be admitted to the exam.
17.6.2. If a activity, CPD program, training session or workshop consists of several parts, units or sessions, catching up on missed lessons in a different group is not possible.
17.6.3. In case a participant misses a unit, lesson or session, he or she may be denied admission to the next unit, lesson or session or may not be able to start the follow-up. In this case, the possibility to follow a different activity, CPD program or training will be considered in consulation with the participant. At all times, the cancellation regulations of Global Network Group stated in these General Terms and Conditions will remain in full force. Costs arising from compensation for missed lessons will be for the account of the participant.
17.7 Complaints procedure
17.7.1. If a participant wishes to make a complaint about the quality of the activity or the CPD Program and/or is of the opinion that Global Network Group does not fulfil the obligations arising from the agreement, he/she may enlist in writing mediation by the conciliation service of the CEO and/or the Advisory Board of Global Network Group. The address is: Global Network Group, P.O. Box 5530, 6802 EM Arnhem, Netherlands.
17.8 Certificate of participation
17.8.1. If a participant has attended at least 75% of the lessons, a digital certificate of participation will be placed on his/her personal page in the examination and learning internet application of Global Network Group.