General terms and conditions Safe Site BV
a. Safe Site BV: Safe Site BV (hereinafter referred to as Safe Site) residing in Alblasserdam, training centre for height safety.
b. Client: company, organization or person granting Safe Site the order to conduct a training / course.
c. Participant: person registered by client or themselves to participate in a training / course.
d. Trainer: qualified person designated by Safe Site to conduct training / course.
e. Registration: the (confirmed) e-mail from client stating the participation of a per person for a particular course on a particular date.
2.1 These general terms and conditions are applicable exclusively to all contracts between Safe Site and client regarding the participation for or order to conduct a training, course, workshop or any other form of instruction. Mutations of these terms and conditions are binding only when they are agreed upon and confirmed in writing by Safe Site.
2.2 By registration or by granting an order, application of these terms and conditions are accepted by participant and client. These terms and conditions shall supersede and exclude any others, therefore the application of clients’ terms and conditions, however mentioned, are hereby explicitly rejected.
The contract between Safe Site and participant or client is effective when this contract sent by Safe Site to client, is fully signed by both client and Safe Site. Client ensures that the contract is returned to Safe Site by e-mail, fax of regular mail.
4. Registration for a training / course
4.1 Registration is effective when client receives a confirmation stating a date and commencement time for participant(s).
4.2 Client is responsible for correctly completing the participants data. Safe Site is not liable for incorrect data stated on certificates as a result hereof.
4.3 After registration, client is obligated, to inform participant correctly about date and start time (viz. article 8.2).
4.4. Client is obligated to instruct participant regarding required outfit and personal protection equipment as well as the participants behavior during the course (viz. article 8.3).
5. Cancellation by client
Client is entitled to cancel participation to a course in writing via regular or e-mail (email@example.com). When cancelled 14 days prior to commencement there will be no costs charged. For cancellations between 7 and 14 days prior to commencement, we will charge 50% of the total amount. The full amount will be charged when canceling within 7 days prior to commencement.
6. Cancellation or alteration by Safe Site
6.1 Safe Site reserves the right to cancel a training / course for reasons beyond their control, such as illness, unavailability of location due to calamity, etc.
6.2 Due to the specific nature of Safe Site courses regarding practical exercises at height outside, Safe Site reserves the right to cancel a course, only the day prior to commencement, when weather forecasts are such that the safety of participants is at issue. Forecasts applicable are strong winds (above 6 Bft.), snow, heavy rain and temperatures below freezing point.
6.3 In all cases, Safe Site will reschedule a new course within three months.
All prices listed in offers and contracts exclude VAT, unless mentioned otherwise. All prices for courses are valid for one calendar year. Price increases for the coming calendar year are notified at the end of present calendar year via mail or e-mail.
8.1 Safe Site holds the right to expel, without stating reason, a participant to join the course. In that case the client is entitled to the restitution of the charged fee in total.
8.2 Safe Site holds the right to expel a participant, who is over 30 minutes late, when this effects the training activities negatively. In this case client is not entitled to the restitution of the charged fee.
8.3 Safe Site holds the right to expel a participant who’s behavior, according to Safe Site personnel, is dangerous or a negative influence to the training activities. In this case client is not entitled to the restitution of the charged fee.
When participant is unable to attend, client is entitled to replace the participant at no extra charges if replacement is notified prior to commencement. Replacement is not permitted once training has commenced. This article does not affect Safe Site’s right to expel a participant or to cancel a course.
10. Payment terms
10.1 In case client grants a first order to Safe Site and has never before made payment to Safe Site, the full amount charged should be effected prior to the commencement of training. In all other cases, a payment terms of 14 days is applicable, unless explicitly agreed upon otherwise with client.
10.2 In case payment is not received in full, client is infringed, without further investigation of infringement.
10.3 Client or participant is, undiminished of further obligations, indebted to the legal interest on the amount due, from the due date to the payment date.
10.4 All costs generated to collect the amount due will be recharged to client or participant. These costs amount at least 10% of the total amount due or a minimum of € 135,-.
10.5 Before and after effecting of the contract, Safe Site continuously holds the right to demand certainty of payment. This is effective, under postponement of the training by Safe Site, until certainty of payment is provided or (part of) the amount due is received by Safe Site.
11. Intellectual property
Copyright, database right, trademark, patents and all other rights of intellectual property regarding training / courses en all other related brochures, catalogues and folders are reserved exclusively to Safe Site or licensers. All rights to intellectual property of, and not only copyright, reports, reviews, proposals and other documents resulting from Safe Site activities of their agents, are reserved exclusively to Safe Site or licensers. All information and work materials obtained from of via Safe Site regarding training is for exclusive use of client or participant or their organization. Client or participant is prohibited to duplicate or publicize part of or the complete material or information obtained in any manor, unless agreed upon in writing with Safe Site. The contract with client or participant indicates no transfer of intellectual property whatsoever regarding information obtained by Safe Site regarding training, nor to licenses, unless explicitly agreed upon with Safe Site.
12.1 Safe Site is obligated to conduct the training / course to their best insight and ability. Safe Site cannot be held liable for damages due to any action or omittance through information from or obtained via Safe Site, unless damage is a result of purpose or gross negligence by Safe Site. Liability, if any, by Safe Site only applies to a single event and limits up to a maximum of the amount due for the training by client or participant to Safe Site. A series of events can only be held as one single event. In no way is Safe Site liable for collateral or consequential damage, such as loss of income.
12.2 During training the participant is deemed to respect and follow safety instructions and values. Upon refusal or neglect to follow trainers’ instructions, participant is fully liable for any results.
12.3 Safe Site accepts no liability for damage to personal property of client or participant.
13. Confidentiality and privacy
13.1 Safe Site is obligated to store all information provided by client safely. This information will not be publicized or shared with others, unless explicitly permitted by client. Information provided by client or participant is available for use by Safe Site for training activities, unless in writing agreed upon differently.
13.2 All personal information obtained within the context of the contract regarding client or participant will be kept strictly confidential, according to the valid privacy legislation.
14. Governing law
The agreement between Safe Site and client or participant shall be governed, construed and enforced in accordance with the Dutch law, without regard to its conflict of law rules. All disputes which may arise, will be brought before the Court of Dordrecht.