Terms and Conditions
GENERAL TERMS AND CONDITIONS Invicta Tutoring
E-mail: info@tutorabilis.com
Website: tutorabilis.com
Definitions
1. Invicta Tutoring: Invicta Tutoring (also known as Tutorabilis) established in Rotterdam, Netherlands, Chamber of Commerce no. 91996155.
2. Customer: the party which Invicta Tutoring has entered into an agreement with.
3. Parties: Invicta Tutoring and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Invicta Tutoring.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
1. All prices used by Invicta Tutoring are in British pounds, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, unless expressly stated otherwise or agreed otherwise.
2. Invicta Tutoring is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The price with regard to services is determined by Invicta Tutoring on the basis of the actual working hours.
4. The price is calculated according to the usual hourly rates of Invicta Tutoring, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
5. If the parties have agreed on a total price for a service provided by Invicta Tutoring, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
6. Invicta Tutoring is entitled to deviate up to 10% of the target price.
7. If the target price exceeds 10%, Invicta Tutoring must let the customer know in due time why a higher price is justified.
8. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
9. Invicta Tutoring has the right to adjust prices annually.
10. Invicta Tutoring will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
11. The consumer has the right to terminate the contract with Invicta Tutoring if he does not agree with the price increase.
Payments and payment term
1. Invicta Tutoring may, at the conclusion of the agreement, require a down payment of up to 100% of the agreed amount to secure its services.
2. The customer must have paid the full amount within 1 month, following the first subscription payment, to secure the continuation of the services.
This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, the subscription will be interrupted, without Invicta Tutoring having to send the customer a reminder or to put him in default.
3. Invicta Tutoring reserves the right to offer its tutoring services conditional upon immediate payment or to require adequate security for the total amount of the services.
Consequences of late payment
1. If the customer does not pay within the agreed term or on time, Invicta Tutoring may suspend its obligations until the customer has met his payment obligation.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Invicta Tutoring.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Invicta Tutoring on the customer are immediately due and payable.
5. If the customer refuses to cooperate with the performance of the agreement by Invicta Tutoring, he is still obliged to pay the agreed price to Invicta Tutoring.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives his right to settle any debt to Invicta Tutoring with any claim on Invicta Tutoring.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Invicta Tutoring, not obligations of results.
Performance of the agreement
1. Invicta Tutoring executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Invicta Tutoring has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that Invicta Tutoring can start the implementation of the agreement on time.
5. If the customer has not ensured that Invicta Tutoring can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Client’s Responsibilities
a. The Client shall notify Invicta Tutoring immediately in the event of a lesson cancellation within 24 hours prior to the scheduled lesson time. In this case the Client may be billed for the scheduled lesson, or have the relevant amount of credit deducted from their balance.
b. The Client shall conduct himself/herself in a manner that is appropriate to the nature of services provided by Invicta Tutoring.
Duration of the service agreement
1. The agreement between Invicta Tutoring and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Invicta Tutoring a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Cancellation of the contract for an indefinite period of time
1. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of .
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
Confidentiality
1. The client keeps any information he receives (in whatever form) from Invicta Tutoring confidential.
2. The same applies to all other information concerning Invicta Tutoring of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Invicta Tutoring.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:
• which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
• which is made public by the customer due to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
Liability
a. Invicta Tutoring does not accept any liability for any claims by the Client arising out of or related to the provision of tutoring services by the Tutor.
b. Invicta Tutoring does not exclude liability that is not permitted to be excluded by law, and in particular we do not exclude liability for death or personal injury arising from Invicta Tutoring own negligence.
c. The Client shall indemnify and keep indemnified Invicta Tutoring against any costs, claims or liabilities incurred by Invicta Tutoring arising out of any Assignment or as a result of any breach of these Terms by the Client.
d. Invicta Tutoring does not accept any liability for the consequences of tuition, including, but not limited to, exam results and assignments scores.
Indemnity
The customer indemnifies Invicta Tutoring against all third-party claims that are related to the products and/or services supplied by Invicta Tutoring.
Complaints
1. The customer must examine a product or service provided by Invicta Tutoring as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Invicta Tutoring of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Invicta Tutoring of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Invicta Tutoring is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Invicta Tutoring being forced to perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to Invicta Tutoring in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Invicta Tutoring (in time).
Joint and several Client liabilities
If Invicta Tutoring enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Invicta Tutoring under that agreement.
Liability of Invicta Tutoring
1. Invicta Tutoring is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Invicta Tutoring is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Invicta Tutoring is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Invicta Tutoring is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Invicta Tutoring shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
1. The customer has the right to dissolve the agreement if Invicta Tutoring imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Invicta Tutoring is not permanent or temporarily impossible, dissolution can only take place after Invicta Tutoring is in default.
3. Invicta Tutoring has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Invicta Tutoring good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Invicta Tutoring in the fulfillment of any obligation to the customer cannot be attributed to Invicta Tutoring in any situation independent of the will of Invicta Tutoring, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Invicta Tutoring .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Invicta Tutoring cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Invicta Tutoring can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Invicta Tutoring does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. Invicta Tutoring is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Invicta Tutoring with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with Invicta Tutoring to third parties without the prior written consent of Invicta Tutoring.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Invicta Tutoring had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Invicta Tutoring is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).
Drawn up on 01 januari 2024.