1. Definitions
1.1. General Terms of Delivery : these general conditions of Yes Human Factor BV (further “YES”).
1.2. YES: YES Human Factors B.V., Dutch Chamber of Commerce nr. (KvK) 69061823, address: Meer en Boslaan 7, 2103VM Heemstede, email This email address is being protected from spambots. You need JavaScript enabled to view it..
1.3. Participant: the individual that has been indicated or appinted by the Customer to participate in a Training from YES.
1.4. In company Course: a tailor-made course, organized by YES exclusively for 1 or more Customer(s).
1.5. Customer: the party that enters into an agreement with YES.
1.6. YES and Customer also collectively referred to as “Parties” or individually as “Party”.
1.7. Training: a course or training for which participation is possible by an open sign-in or an In company Course or coaching, or any other form of training from YES. A course or training can consist of more than one training module (in case of Trainings or In company Course) or multiple coaching-meetings in case of coaching.
1.8. Quote: every offer made by YES to enter into an Agreement, with or without a formal request by the Customer.
1.9. Agreement: every agreement between YES and a Customer.
1.10. Written: per written letter or by email.
2. Applicability
2.1. These General Terms of Delivery are applicable to every Quote and Agreement.
2.2. Deviation of these General Terms of Delivery is only possible when agreed in writing by Parties.
2.3. Deviations of these General Terms of Delivery are also applicable when the Customer has not protested, in writing, to YES, within 30 calendar days after the date of sending the deviations by YES to Customer.
3. Conclusion of an Agreement
3.1. All Quotes and other expressions by YES are without obligation and valid for 30 calendar days, unless indicated otherwise in writing by YES.
3.2. An Agreement is comes into effect when the Customer provides a subscription or order to YES and YES accepts this subscription or order.
3.3. Deviations from an Agreement can only be made in writing and need to be accepted by both Parties.
3.4. A goal-setting conversation, also by phone, in which learning goals are discussed, can be part of a Training. This conversation is the seen as the start of the Training and is a precondition for participating in the Training concerned.
4. Execution of an Agreement
4.1. YES will execute an Agreement with care and the execution of an Agreement by YES shall be carried out on the basis of an obligation to perform to the best ability, not with a guaranteed result.
4.2. The dates agreed upon by parties are target dates, are not binding for YES and always have an indicative nature only.
4.3. YES may have parts of the Training performed by a third party. YES is responsible for selecting these third parties with care.
5. Confidentiality
5.1. YES, her co-workers and third parties hired by YES, will treat the information provided by Customer as confidential.
6. Prices
6.1. All prices stated by YES are in euros and the Customer should make all payments in euros. All prices are exclusive of VAT and other levies imposed or to be imposed by the authorities. Arrangement-, travel- and accommodation costs are not included in the prices unless explicitly mentioned otherwise. Most actual prices can be found on the website www.yeshumanfactors.nl.
6.2. YES is allowed to charge (interim) increases of costs (for example, but not limited to, purchase costs, wages, taxes) to the Customer, also when these increases of costs occur during or after the realisation of the Agreement.
7. Invoicing and payment
7.1. YES will charge the Customer when the subscription takes place or after realisation of the Agreement.
7.2. Customer will pay due invoices without settlement, suspension and/or discounts at the moment of the subscription or within 14 calendar days following the invoice date.
7.3. When the Customer has paid in full within the set payment term, the Customer will be in default without further notice and the outstanding payment will be raised with interest at the statutory rate and 15% collection costs.
8. Rescheduling or cancellation by YES.
8.1. YES is allowed, without notice , to relocate the Training to another training location or to another date and/or time. In this case the Customer has the right to cancel the revised Training without costs and the Customer has a right to a refund of the amounts already paid to YES for the cancelled Training.
8.2. YES is allowed to cancel a Training without notice , in which case the Customer has the right to a complete refund of the amounts already paid for this cancelled Training.
9. Cancellation by the Customer
Cancelling a Training
9.1. A Training can only be cancelled in writing and before the start of the Training. In case of a cancelation by the Customer, YES is entitled to the following cancellation fees, to be paid by the Customer:
- When cancelled more than 8 weeks (56 days) before, no costs are due;
- When cancellation occurs within 8 weeks (56 days) before, but
more than 4 weeks (28 days) before, 50% of the agreed fee is due;
- When cancellation occurs within 4 weeks (28 days) before, 100% of the agreed fee is due.
9.2. With regard to par 3.4 a Participant can have him-/herself be replaced by another trainee. When the replacement participates in the Training the Customer is still responsible for paying the related costs to YES.
9.3. When the Participant or his/hers replacement does not participate in the course/training without cancellation, this will be seen as cancellation within 4 weeks (28 days) and 100 % of the agreed fee is due.
9.4. Not participating in the Training where the Participant was scheduled for is seen as a cancellation, even when the Participant participates in the same Training on a later date.
Cancellation of an In company Course
9.5. An In company Course can only be cancelled in writing and before the start of the In company Course . In case of a cancellation by the Customer, YES is entitled to the following cancellation fees, to be paid by the Customer:
- When cancelled more than 8 weeks (56 days) before, no costs are due;
- When cancellation occurs within 8 weeks (56 days), but more than 4 weeks (28 days) before, 50% of the agreed fee is due;
- When cancellation occurs within 4 weeks (28 days) before, 100% of the agreed fee is due.
10. Interim Training termination by the Customer
10.1. When, after the start of the Training the Customer terminates the Training , the Customer has no right to a refund by YES to the Customer of amounts already paid.
10.2. When the Customer cancels the Agreement, directly after the start of the Training, all invoiced amounts are immediately due and payable.
11. Liability
11.1. In case of an attributable shortcoming in the fulfillment of the Agreement by YES and if liability of YES has been established, YES is only obliged to compensate the direct damage resulting from the shortcoming, with due observance of the restrictions contained in this article.
11.2. YES is not liable for indirect damage (such as, but not limited to, consequential damage, penalties, lost sales, lost profit, missed savings, diminished goodwill, reputational damage and intangible damage).
11.3. YES is not liable for direct damage that is (partly) caused by the fact that YES based itself on incomplete or defective information provided by or on behalf of the Customer. 11.4. The total liability of YES due to an attributable shortcoming in the fulfillment of the Agreement or for any other reason, expressly including any shortcoming in the fulfillment of a guarantee obligation agreed with the Customer, is limited to compensation for direct damage up to a maximum equal to the price stipulated for that Agreement (excluding VAT).
11.5. The Customer guarantees that all Participants will act in accordance with the Agreement.
11.6. The limitations of liability included in paragraphs 1 to 4 do not apply if the damage suffered by the Customer is the result of intent or gross negligence on the part of YES or its managers or subordinates.
12.Intellectual Property Rights
12.1. All copyrights, brands, models, trade names or other intellectual property on the products and services supplied by YES for the execution of the Agreement belong and remain with YES. The Customer only acquires a non-exclusive and non-transferable right of use insofar as this is necessary for the execution of the Agreement.
12.2. The Customer may only use the material carriers of these rights for the purpose for which they have been provided to the Customer and the Customer is not allowed to multiply the carriers and is not allowed to to change or remove authors, brands, models, trade names and other indications.
13 Personal Data
13.1. YES processes personal data, provided by Customer in accordance with the privacy statement of Yes.
13.2 The Customer guarantees that all Participants are informed about and have agreed with the processing of personal data by YES.
14 Employing YES staff
14.1. When the Customer employs staff, during the Agreement or within 12 months thereafter, that is or has been actively employed by YES for the execution of the Agreement, then Customer will pay YES a fee that is equal to 30% of the gross annual salary of the applicable co-worker(s).
15. Applicable law and Resolutions of Disputes
15.1. The Agreements between YES and the Customer are governed by Dutch law. Any disputes between Parties shall be brought before the competent court at Nijmegen, the Netherlands.
