General Terms & Conditions

GENERAL TERMS AND CONDITIONS OF CONSUMERS FOR PRIVATE EDUCATION AND COURSES.

These General Terms and Conditions for Consumers of the Branchevereniging Nederlandse Raad voor Training en Opleiding (NRTO) have been drawn up in consultation with De Consumentenbond in November 2020 and will take effect no later than September 1, 2021.

ENTREPRENEUR IDENTITY:

Milo performance and Education B.V Wibautstraat 129
1091 GL Amsterdam

Chamber of Commerce: 81886934
VAT: NL862258029B01

Contents
Article 1 - Definitions
Article 2 - Applicability
Article 3 - Offer
Article 4 - Agreement
Article 5 - Cancellation & (interim) termination of the agreement
Article 6 - Examination
Article 7 - Copyright
Article 8 - Price changes
Article 9 - Delivery
Article 10 - Conformity and non-fulfillment of the agreement
Article 11 - Payment
Article 12 - Late payment
Article 13 - Suspension
Article 14 - Entrepreneur's liability
Article 15 - Confidentiality
Article 16 - Questions and complaints
Article 17 - Dispute resolution
Article 18 - Performance guarantee
Article 19 - Amendment

ARTICLE 1 - DEFINITIONS.

Subscription - An arrangement, whereby a one-time or periodic payment is made, which entitles one to unlimited use of a learning offering for a specified period of time.

Distance learning - Form of education in which instructor and you are not simultaneously present in person.

Contact education - Form of education with direct interaction between teacher or trainer and student or course participant.

Educational service - The provision of education, courses and/or training and/or the supply of teaching materials and/or the provision of (partial) examinations and/or an EVC pathway and/or another form of assessment.

EVC - Acquired competencies gained during previous work experience or training courses taken. EVCs are determined through assessments and can lead to shortened (accelerated) educational pathways.

Formal education - Education that is regulated by specific educational legislation and culminates in a formal diploma, being a legally recognized degree.

Non-formal education - Education not regulated by specific educational legislation. Education Education, training, course and/or training, whether distance education, contact education or subscription education.

Agreement - An agreement, as referred to in Article 2(1).

Distance contract - A contract concluded between the entrepreneur and you in the context of an organized system for distance selling of products, digital content and / or services, in which, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

Start-up costs - The costs incurred in advance by a trainer for the purpose of executing the study agreement. A trainer always incurs start-up costs for you. These costs are: administration costs, IT costs, marketing costs, personnel costs; renting the training location; sending and following up on the documents to be sent or delivered by the student, including the education agreement; if applicable, taking an intake test and/or conducting an intake interview; planning and putting together the group divisions lesson schedules and recruiting and planning the teachers; specific education/information provision; distributing information materials; administrative processing of enrollment; setting up student records; setting up and setting up the student account in the online learning environment; preparations for and implementation of any induction; related expenses such as postage, online license fees, costs for intake tests, information materials, etc.) Or other costs to the extent that an educator can demonstrate them.

You - Natural person not acting in the exercise of a profession or business who purchases an educational service from the entrepreneur.

ARTICLE 2 - APPLICABILITY.

These Terms and Conditions apply to all agreements between the entrepreneur and you regarding an educational service, both concerning formal education and non-formal education.
If the entrepreneur also uses other (industry-related) general conditions and those conditions have not been established in consultation with consumer organizations, then those conditions do not apply to the contract. This does not apply if they contain provisions about which nothing is regulated in these general terms and conditions. All documents are part of the agreement but there should be no conflict. For example, the provisions contained in the Education and Examination Regulations (TER), the education agreement or the registration form. In the event of a conflict, the provision that is most favorable to you applies. However, the entrepreneur may always deviate from the general terms and conditions in your favor. If only (partial) examinations, PAC pathways or other forms of assessment are offered, the provisions in articles 3 section 3 sub b, 5 section 1, 8 section 1, 8 section 2 sub b and 9 section 1 do not apply. If only (partial) examinations are offered, the provisions in article 5 paragraph 1 and paragraphs 3 through 7 do not apply.
The entrepreneur may also use other general terms and conditions which have been established in consultation with one or more consumer organizations. In that case, the Disputes Committee referred to in Article 16 determines which terms and conditions apply to the contract on the basis of what the parties agreed on when the contract was concluded.

ARTICLE 3 - OFFER

The entrepreneur makes the offer (preferably) in writing or electronically.
The offer contains a complete and accurate description of the educational service and/or the course materials that are part of the educational service. The offer also indicates whether use of these course materials is mandatory.
Each offer must contain such information that it is clear to you what rights and obligations are attached to the acceptance of the offer. The offer shall at least state the following information in a clear and comprehensible manner;

In the case of an agreement relating to an educational service:

the method of execution of the agreement;
When the educational service starts;
the conditions under which the educational service may not proceed;
where applicable, the admission requirements to participate in education;
the price including all additional costs and taxes;
the method of payment;
the duration of the agreement;

Or in the case of an agreement involving the purchase of teaching materials:

the price including all additional costs and taxes;
the method of payment, of delivery of course materials and/or of performance of the agreement;
the delivery time of teaching materials.

4. These general terms and conditions are expressly made known to you prior to the agreement and are an integral part of the general information provided by the entrepreneur.

5. The entrepreneur may attach the condition that you provide personal data and, if and insofar as government regulations so require and/or allow, a copy of a valid passport or identity card to the making of an offer and/or acceptance of an order.

6. Without prejudice to the provisions of paragraphs 1 to 5, the offer in the case of a distance contract shall also include the following information:

The identity and address of the entrepreneur, including the visiting address of the entrepreneur's office;
the right of you to rescind the agreement within fourteen days in accordance with Article 5 paragraphs 5 and 6;
if additional costs are charged for contacting the entrepreneur by telephone or Internet: the amount of the applicable rate;
the period of validity of the offer

ARTICLE 4 - AGREEMENT

The agreement is established by your acceptance of the offer. After the conclusion of the agreement you will receive a confirmation of this in writing or electronically.
In case of electronic assignment, the entrepreneur will send an electronic confirmation to you; until the receipt of an electronically accepted assignment is confirmed by the entrepreneur, you may cancel the assignment.
After a distance contract is concluded, the information referred to in Article 3 paragraph 3 and paragraph 6 will be provided in writing or on another durable data carrier available to you and accessible to you.

ARTICLE 5 - CANCELLATION & (INTERIM) TERMINATION OF THE AGREEMENT

You may cancel and terminate a fixed-term contract at any time. The entrepreneur will send you a confirmation of this. In the case of a contact education agreement with a fixed start date, the following cancellation and interim termination policy applies after the expiration of any reflection period. You will then pay a reasonable fee for the work already performed including the Start-up Fee. For the sake of clarity you will find below an overview of these costs as a percentage of the agreed price. These percentages represent the maximum fee to be paid. If the reasonable fee to be paid is lower, you will be charged a lower fee. The amount of the fee will be substantiated by the entrepreneur at your request:

Cancellation before tuition has begun or upon early termination shall be in writing or electronically;

2. In the case of an agreement concerning only a (partial) examination or an EVC pathway, the following cancellation policy will apply after the expiration of any cooling-off period:

cancellation prior to commencement shall be in writing or electronically;
in case of cancellation up to six weeks before the start, you will owe the administration fee with a maximum of € 50. For so-called computer-based exams, this period is two weeks prior to commencement;
in the event of subsequent cancellation, you will be liable for the full, agreed price. Unless the reasonable compensation for the work already performed is lower, in which case you will be charged this lower compensation. The amount of the fee will be substantiated by the entrepreneur at your request.

3. In the case of distance learning, once the agreement has been concluded and after the reflection period has expired, cancellation is possible but you remain obliged to pay the agreed price in full. Unless the reasonable compensation for the work already done is lower, in which case you will be charged this lower compensation. The amount of the fee will be substantiated by the entrepreneur at your request. Courses in subscription form can be cancelled free of charge after the agreed subscription period in the case of automatic renewal with a notice period of up to one month.

4. For fourteen days after the conclusion of a distance agreement relating to an educational service, you are entitled to dissolve the agreement without giving reasons. If the entrepreneur has not provided all legally required information, including that referred to in article 3 subsection 6, then this period is fourteen days after still providing it up to a maximum of twelve months after the conclusion of the agreement.

5. In the case of a distance contract that mainly relates to the purchase of course material, you have a period of fourteen days in which you may dissolve the contract without giving reasons. This period commences on the day following the day of receipt of the course material. However, if the course material is delivered periodically, as in the case of regular supplements of Syllabi or book packages per year or semester, the cooling-off period ends fourteen days from the first day after receipt of the first course material. If the entrepreneur has not provided all legally required information, including that referred to in article 3 paragraph 6, then these periods are fourteen days after the entrepreneur has provided this information up to a maximum of twelve months after receipt of the course material.

6. The entrepreneur will make available to you a form for the said dissolution of the agreement. You are not obliged to use this form for this purpose.

7. Subject to the provisions of paragraph 9, in the event of dissolution in accordance with paragraphs 5 and 6, you are entitled to a free refund of what you have already paid. The entrepreneur will refund as soon as possible and in any case within fourteen days after the dissolution.

8. In the event of dissolution in accordance with subsections 5 and 6, you must return any course material received from the entrepreneur to the entrepreneur as soon as possible. The entrepreneur is entitled to charge you for the direct costs of returning the material. The return is at your risk. Course material presented on an electronic data carrier whose packaging seal has been broken cannot be returned and its price must be paid in full by you to the entrepreneur.

9. If you invoke the termination option in paragraphs 5 and 6, any additional money loan agreement as a payment arrangement from the entrepreneur to you will be terminated by operation of law without penalty.

10. The educational service can only begin during the cooling-off period at your express request. In such cases, you retain the right to dissolve the agreement in accordance with paragraph 2. If in such a case you dissolve the agreement within the cooling-off period, you will owe the entrepreneur a proportional part of the price of the educational service.

11. If the educational service is overwhelmingly offered by means of an electronic (learning) environment, the right to terminate ends at the start of the educational service, provided that:

you have expressly agreed in advance that performance may begin before the end of the rescission period and that you waive your right to rescission, and
the entrepreneur has confirmed the statement referred to in sub a to you.

ARTICLE 6 - EXAMINATION

Following a Course, an Exam will be administered to Participant. If a Participant has not complied with the obligation of attendance as stipulated in Article 9.2, the right to a (consecutive) Exam will lapse.
Participant, if the original Exam is not passed, has the right to a retake within three months from the date of the Exam. The resit is free of charge.
You are entitled to 1 retake within the course.
Participation in the exam is allowed only if there is no arrears within the participant's installment payment plan, if any.
Catching up on an exam can be scheduled 1-on-1 with Milo and the fee charged for this is €150 ex. VAT. It is allowed to share a catch-up exam with other participants (up to max. 2 participants), the cost remains €150 ex. VAT.

ARTICLE 7. COPYRIGHTS

The course materials offered are intended for personal use only. All items provided by the entrepreneur, such as books, mock exams, readers and software are subject to copyright of the entrepreneur or third parties. The matters referred to in this article may not be reproduced, made public and/or otherwise brought to the attention of third parties or provided to third parties without the express prior permission of the entrepreneur, both during and after the course. It is also not permitted to publish the material in modified form or to use it under one's own name without the written permission of the entrepreneur. The copyright/property rights to the course belong entirely to the entrepreneur.

ARTICLE 8 - PRICE CHANGES

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.
You have the right to terminate the agreement if after three months from the conclusion of the agreement, but before the educational service begins, the price is increased.
Paragraphs 1 and 2 do not apply to price changes resulting from the law.

ARTICLE 9 - DELIVERY

1. Teaching Materials

The entrepreneur delivers the course materials to you in a timely manner. Timely delivery includes providing timely access to course materials provided electronically.
When buying teaching materials without education, 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.
Wrong or damaged course materials will be replaced immediately by the entrepreneur at no cost to you.

2. Correctional work

You will be informed of the deadline for correcting submitted assignments or tests.
The timing of receiving back corrections must be reasonably related to the timing of the commencement of the continuation of education or any retake, respectively.

ARTICLE 10 - CONFORMITY AND NON-PERFORMANCE OF THE CONTRACT

The educational service and materials provided must meet your reasonable expectations. If you fail to fulfill your obligations then the entrepreneur is authorized to suspend its obligations. If the entrepreneur fails to fulfill his obligations you may suspend your obligations. In case of partial or non-performance, suspension is only allowed to the extent justified by the failure.
The business owner has the right of withholding (retention) if you fail to satisfy a due and payable obligation, unless the failure does not justify such withholding.
If one of the parties defaults on 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 11 - PAYMENT

Payment is made by crediting the amount due to a bank account indicated by the entrepreneur at the time of purchase or delivery, or payment by means of forms of electronic payment recognized by banks. Cash payment is also possible by arrangement.
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.
Payment for the educational service takes place prior to the time the course starts. The entrepreneur may require you to pay the full amount no later than 10 working days before the day of commencement of the educational service, as referred to in article 3 section 3 subsection a.
When purchasing educational materials without tuition, payment must be made no later than the time and place of delivery. You may be required by the entrepreneur to pay up to half of the purchase price in advance.

ARTICLE 12 - LATE PAYMENT

You are in default from the expiration of the payment date. After that date has passed, the entrepreneur will send a reminder of payment, free of charge, and will give you the opportunity to pay within 14 days, after receipt of this reminder.

If you do not meet your payment obligation(s) on time, the business owner will send you a reminder. You will still have 14 days to pay.
If you have not paid after this period has expired, the entrepreneur is entitled to charge statutory interest and extrajudicial collection costs on the amount still due.
These collection costs amount to a maximum of: 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.
The entrepreneur may deviate from said amounts and percentages for your benefit.

ARTICLE 13 - SUSPENSION

During the handling of a complaint or dispute in accordance with the provisions of articles 15 and 16, the entrepreneur will suspend the charging of interest and collection costs.

ARTICLE 14 - LIABILITY OF THE ENTREPRENEUR

Insofar as the entrepreneur fails culpably and you suffer damage as a result, the entrepreneur's liability for damage not resulting from injury, death or property damage is limited to compensation for direct damage. The entrepreneur's liability for injury, death or property damage is not excluded or limited. The liability extends to persons employed by the entrepreneur or to persons appointed by him for the performance of the contract.

ARTICLE 15 - CONFIDENTIALITY

Information provided by you will be kept confidential by the entrepreneur, his staff and/or persons working for him. The entrepreneur conforms to the applicable privacy laws.

ARTICLE 16 - QUESTIONS AND COMPLAINTS

The entrepreneur intends to answer the question or complaint as soon as possible and to the complete satisfaction of the client. To deal with questions or complaints of an administrative nature or about the content of the training course, the entrepreneur can be reached by telephone and e-mail. These questions or complaints will be answered by the entrepreneur within ten working days from the date of receipt. Questions or complaints that require a longer processing time will be answered by the entrepreneur by return with a notice of receipt and an indication of when you can expect an answer.
The entrepreneur will treat the complaint confidentially.
After handling the complaint, the entrepreneur will keep it in a designated file for 1 year.
The entrepreneur will, of course, make every effort to avoid errors in your study package and its shipment. If, nevertheless, something is not right, please report it within ten days of receiving the package. A complaint must be submitted to the entrepreneur in a timely, complete and clearly described manner. Complaints that are not submitted within 2 months are not admissible. If the complaint cannot be resolved by mutual agreement, a dispute arises that qualifies for the dispute resolution procedure of Article 16.

ARTICLE 17 - DISPUTE RESOLUTION

The agreement is governed by Dutch law, unless the law of another country applies by mandatory law.
Disputes between you and the Entrepreneur regarding the conclusion or performance of agreements relating to services and items to be provided or delivered by this Entrepreneur may be brought by either you or the Entrepreneur before The Private Education Disputes Committee, more information can be found at:www.degeschillencommissie.nl.
The Disputes Committee will only consider a dispute if you have first submitted the complaint to the entrepreneur in accordance with the provisions of Article 15 and this has not resulted in a mutually satisfactory solution.
A dispute must be brought before The Disputes Committee within twelve months of the filing of the complaint in accordance with the provisions of Article 15.
A fee is payable for handling a dispute.
If you submit a dispute to The Dispute Commission, the entrepreneur is bound by this choice.
If the entrepreneur wishes to submit a dispute to The Dispute Commission, he must first ask you in writing to state within 5 weeks whether you agree. The entrepreneur must thereby announce that after the expiration of the aforementioned period he considers himself free to submit the dispute to the ordinary court.
The Disputes Committee shall rule in accordance with the provisions of the regulations applicable to it. The decision of The Disputes Committee shall take the form of a binding opinion.
In only those cases for which a binding legal dispute resolution is provided in formal education, such as those for examination of the student, the provisions of paragraphs 2 to 8 of this article do not apply.

ARTICLE 18 - COMPLIANCE GUARANTEE

The NRTO guarantees compliance by its members with the binding opinions of The Disputes Committee for Private Educational Institutions, unless the member submits the binding opinion to the court for annulment within two months of its dispatch.
The NRTO does not provide a compliance guarantee if, before the intake requirements (payment of complaint fee, receipt of completed and signed questionnaire and any deposit) have been met for the handling of the dispute by you, one of the following situations occurs:
‍
- the member has been granted suspension of payment, or
- the member has been declared bankrupt, or
- the business activities have been effectively terminated.

Decisive for the latter situation is the date on which the business termination was registered in the Trade Register or an earlier date, which the NRTO can plausibly demonstrate that the business activities have actually ended.

The guarantee provided by the NRTO is limited to € 5000 per binding opinion. The NRTO provides this guarantee under the condition that you invoke this guarantee, and that you transfer (assign) your claim on the basis of the binding decision to the NRTO up to a maximum of the amount paid out, simultaneously with the fulfillment of your invocation of the fulfillment guarantee.

For the excess, the NRTO has an obligation of effort to ensure that the member complies with the binding opinion.

ARTICLE 19 - MODIFICATION

The NRTO will only amend these Terms and Conditions in consultation with The Consumer Association.