General Terms and Conditions

Welding Academy
Chamber of Commerce number: 60177713
E-mail: contact@weldingacademy.online

  1. Definitions
    In these general terms and conditions the following terms have the following meanings:
    1.1  Agreement: the agreement between Welding Academy and the Client.
    1.2  Business Owner: a customer who is a legal or natural person acting in the course of a profession or business.
    1.3  Client: a Business Owner or Consumer accepting these general terms and conditions, who is the counterparty of Welding Academy.
    1.4  Consumer: an individual who does not act in the course of a profession or business.
    1.5  Distance Contract: an agreement between Welding Academy and the Client, concluded remotely through the use of a system intended for this purpose.
    1.6  In writing: where these terms and conditions refer to ‘written’ or ‘in writing’, electronic communication such as email is meant as well, provided that the identity of the sender and the authenticity of the communication are sufficiently established.
    1.7  Master: a professional or expert who shares knowledge with persons who have entered into a Membership.
    1.8  Membership: the subscription that gives access to certain content, products and services on the Website.
    1.9  Offer: all offers and quotes from Welding Academy.
    1.10 Reflection Period: the period within which a consumer may exercise the right of termination.
    1.11 Right of Termination: the right of a consumer to decide within the specified reflection period not to go ahead with a distance contract.
    1.12 Services: the services provided by Welding Academy.
    1.13 Website: www.weldingacademy.online.
    1.14 Welding Academy: the user of these general terms and conditions and the Contractor.
  1. Application
    2.1  These general terms and conditions apply to all offers and agreements between Welding Academy and the Client.
    2.2  If a provision in these terms and conditions is wholly or partly in conflict with a legal provision or is void or annulled, then the remainder of these terms and conditions continue in full force. The Parties will jointly agree on a new provision that is in line with the purpose of the annulled or void provision. 
  1. Membership Offer
    3.1  Welding Academy offers various Memberships via the Website.
    3.2  There are different levels of Memberships, each with its own rate and associated access to a specific part or all of the content of the Website.
    3.3  The Client must give explicit approval to an offer by confirming this in writing.
    3.4  Welding Academy and the Client will agree on the price and the membership. Welding Academy will send a confirmation of this to the Client by email.
    3.5  The Client can ‘upgrade’ his Membership mid-term, to a Membership in which information and services are offered once again. The Client must in that case pay Welding Academy the difference in price for the duration of the Membership.
    3.6  In the event that the Client makes a purchase via the Website, the Contractor will immediately acknowledge receipt of the acceptance of the offer. The Client can dissolve the agreement until this confirmation has been sent.
    3.7  If the Client does not explicitly agree to the offer, but does agree to the execution of the work, or at least gives the impression of consent, the offer is considered accepted.
    3.8  Welding Academy reserves the right to refuse to perform the services if new information becomes available after acceptance, which makes it unacceptable for Welding Academy to perform the services.
    3.9  After agreement on the offer, the offer and these general terms and conditions constitute the agreement between the Client and Welding Academy. The agreement can then be amended only if the Parties agree to this in writing. In that case Welding Academy can adjust the fee for the services.
    3.10 Memberships are not tacitly renewed. 
  1. Execution of the Assignment and Content of the Membership
    4.1  Welding Academy makes every effort to perform its work carefully and independently. In addition, Welding Academy will represent the interests of the Client to the best of its knowledge and Welding Academy will act as can and may be expected from a reasonably and professionally acting party.
    4.2  The Membership and the online learning community are designed on the basis of the knowledge and experience of Welding Academy and the Masters. With the Services and Membership, Welding Academy wants to inform, teach members new skills and offer a community so that the Client can professionalise.
    4.3  Welding Academy does not guarantee the correctness of the information; moreover, there may be several opinions on certain subjects, not just one correct opinion. If the Client discovers a suspected error, Welding Academy will appreciate it if this is reported, so that Welding Academy can investigate this error and, where necessary, correct it.
    4.4. Welding Academy does not offer a warranty with its Services, Membership and community for any progress or improvement of knowledge and/or expertise of the Client, nor does Welding Academy offer any warranty on results. Results depend in part on the circumstances in which the Client finds itself and the efforts that the Client invests.
    4.5  Regardless of the information provided by Welding Academy, a Client must always consider all circumstances in the decision to perform certain actions in a certain way. The Client must always put his own security first. The circumstances of a specific situation may affect this safety, which means that a different method must be applied from the one about which Welding Academy has provided information. 
  1. Membership Registration and Account
    5.1  The Client can register and pay for a Membership via the Website.
    5.2  A registration is personal. Access to the Membership, its content, the online community, as well as account information or login information may not be shared with third parties.
    5.3  If there is a suspicion of sharing account data or access to the Membership with third parties, access to the Membership will be blocked indefinitely, without Welding Academy owing any compensation or payment to the Client.
    5.4  After the time of registration, the Consumer has a 14-days reflection period to exercise the right to terminate. Consumers have the right to dissolve a distance contract without giving any reason within this reflection period.
    5.5  If the Consumer wishes to exercise his right of termination, the Consumer must notify Welding Academy of this in writing within the reflection period. Welding Academy will send a confirmation of the request without delay.
    5.6  After dissolution, Welding Academy will reimburse the payments received from the Consumer within 14 days after the dissolution at the latest. The amount to be received by the Consumer depends on the time of dissolution and on to what extent the Consumer has already been able to use the Membership.
    5.7  After this reflection period it is no longer possible to cancel the registration. Early termination or dissolution is not possible.
    5.8  If a Consumer has exercised the right of termination as described above more than twice within 12 consecutive months, Welding Academy may refuse a subsequent registration.
    5.9  The reflection period and the right of termination described above do not apply to Business Owners.
    5.10 The Client must state his personal details, including email address, correctly when registering. The email address must be kept up to date. It is not permitted to use aliases or other data that does not represent reality.
    5.11 Welding Academy has no access to the password chosen by the Client. If the Client has forgotten the password or wants to change it, the Client can do this via the Website. 
  1. Access to the Membership
    6.1  The Membership and the online community are accessible via the Website and are thus delivered via the Website.
    6.2  The Client must at least have an email address and an Internet connection, web browser and suitable equipment to use the Membership.
    6.3  Access to the Membership is personal and may not be shared with third parties.
    6.4  The digital content can be accessed and viewed online, but may not be reproduced or made public. The digital content may not be shared with third parties in any way.
    6.5  Infographics that are also intended to be printed may be hung in public spaces, so that they are visible to third parties.
    6.6  Under no circumstances may any content provided by Welding Academy be made public or reproduced for commercial purposes, at least for a fee or for the Client’s own marketing purposes.
    6.7  Welding Academy cannot guarantee a certain uptime of the website. The digital content may therefore not be available for short periods. The Client is not entitled to compensation in the event of downtime of the Website or the Membership, if this downtime remains within reasonable proportions. In the event of downtime of the Membership or the Website, Welding Academy will make every effort but cannot guarantee that the Membership can be reached again within 48 hours.
    6.8. The Client bears responsibility for the activities that he carries out in the context of the lessons and information provided within the Membership.
    6.9  The Client must refrain from any use of the Membership that is unlawful or could be harmful to Welding Academy or third parties.
    6.10 If it is possible to leave comments or publish them on the Website, in the online community or otherwise within the Membership, the Client shall refrain from any punishable communication, such as offensive or discriminatory remarks, hateful or hatemongering communication, the use of abusive words or otherwise unfairly treating others. Everyone is free to express their opinion. Be respectful of each other’s opinions. If Welding Academy is of the opinion that a Client does not comply with this provision, Welding Academy may temporarily or permanently deny the Client access to the Membership, without being liable to pay any compensation to the Client for this.
    6.11 If the Client acts contrary to these general terms and conditions or otherwise acts unlawfully or causes damage or loss to Welding Academy, Welding Academy is entitled to deny access to the account and the community, without Welding Academy being liable for any compensation.
    6.12 Welding Academy will handle personal data with care. More information can be found in the privacy statement. The privacy statement can be found on the Website at all times.
  1. Intellectual Property
    7.1  Welding Academy is the owner of all works of intellectual property created by Welding Academy, including but not limited to works that are supplied by Welding Academy, or displayed, transmitted or offered for download or otherwise supplied or accessible via the Website as part of the Membership. The Client may therefore not publish or reproduce these works without the prior written permission of Welding Academy.
    7.2  To the extent that Welding Academy is not the owner of the works, Welding Academy has a valid licence for this. These works may not be reproduced or made public without the permission of the owner.
    7.3  The Client must respect the moral rights of the owner, as stated in Section 25 of the Dutch Copyright Act.
    7.4  All videos, emails, downloads, diagrams, infographics, modules and/or other materials are personal and may not be shared with third parties, nor made public or reproduced in any other way, including publishing or sharing any part or all of these materials on the Internet. In addition, unless otherwise agreed, the Client is not authorised to grant sublicences to third parties. The Client may not transfer the licence either. Obviously the Client may download, save and/or print the works for strictly personal use.
    7.5  Deviating arrangements are recorded in writing. 
  1. Fee
    8.1  If no fee has been agreed between the Parties, the fee usually charged by Welding Academy will apply. If it is not possible to speak of a usual fee, Welding Academy will charge a reasonable and fair fee for the delivered items.
    8.2  If the agreement is amended or supplemented, Welding Academy is entitled to adjust and increase the fee accordingly.
    8.3  If it is plausible that Welding Academy has incurred higher costs and/or has performed additional work that was reasonably necessary, Welding Academy may charge this on to the Client.
    8.4  All amounts stated by Welding Academy to a Consumer include VAT, unless agreed otherwise.
    8.5  All amounts stated by Welding Academy to a Business Owner are exclusive of VAT, unless agreed otherwise.
  1. Payments
    9.1  The Membership and other Services or products for which the Client registers or which he purchases via the Website must be settled directly and via the Website, unless agreed otherwise.
    9.2  For Services or products that are not purchased via the Website, Welding Academy will send a digital invoice for the agreed amount, unless otherwise agreed. Unless otherwise agreed, the payment term is 14 days after the invoice date.
    9.3  Welding Academy reserves the right to issue interim or partial invoices if it has not been agreed that the full amount will be paid in advance. In addition, Welding Academy may require the Client to make a down payment, for which Welding Academy will send a down payment invoice.
    9.4  The payment obligation also continues to apply if the Client does not wish to make use of the activities, Membership, Services or products that have been created or were to be created in the context of the agreement. The Client is not entitled to a discount or refund in such a case.
    9.5  If the Business Owner does not meet the payment obligation(s) in time, the Business Owner will owe interest of 2% per month on the outstanding amount, for which purposes part of a month counts as a whole month. Welding Academy is therefore entitled to charge the extrajudicial collection costs incurred by Welding Academy, amounting to 10% of the invoice amount, with a minimum of €150.
  1. Liability
    10.1  Welding Academy can only be liable where this liability is based on a statutory or contractual attributable shortcoming.
    10.2  The liability of Welding Academy towards the Business Owner is limited to a maximum of the fee that Welding Academy has received for the Services.
    10.3. Welding Academy is not liable for any information provided by third parties or for any damage or loss as a result of that information.
    10.4  Welding Academy is not liable for damage or loss of whatever nature caused by incorrect and/or incomplete data or information Welding Academy has based itself on or has provided.
    10.5  Welding Academy is not liable for shortcomings in the work caused by insufficient information provided by the Client.
    10.6  Welding Academy is never liable for direct or indirect damage or loss of the Business Owner, including stagnation in the regular course of affairs in the company, lost profit, missed savings and consequential loss, in any way related to or caused by the execution of the work by Welding Academy or caused by the application of or any failure to apply the information made available by Welding Academy.
    10.7  Welding Academy has the right at all times, to the extent possible, to undo or limit damage or loss.
    10.8  The limitations of liability included in these terms and conditions do not apply if the damage or loss is due to intent or gross negligence on the part of Welding Academy or any third parties it has engaged.
  1. Amendments of these General Terms and Conditions
    11.1. Welding Academy reserves the right to amend or supplement these general terms and conditions.
    11.2  Amendments will be communicated in time and in writing.
    11.3  If the Consumer does not want to accept a proposed amendment, he may terminate the agreement before and with effect from the date on which the new general terms and conditions enter into force. 
  1. Complaints and Disputes
    12.1  Complaints about the community or Services or products provided and/or objections to an invoice must be submitted by email as soon as possible after the complaints have arisen.
    12.2  Complaints about a live encounter should be reported on the day itself, so that Welding Academy can adjust the work wherever possible.
    12.3  Complaints or objections submitted do not suspend the payment obligation.
    12.4  Complaints submitted will be processed within 14 days, where Welding Academy will strive to achieve the best possible solution. If the complaint cannot be resolved within 14 days, Welding Academy will report this in a timely manner and will provide an indication of the period within which a solution may be expected.
    12.5  Consumers also have the right, if a complaint is not handled satisfactorily, to submit complaints about online purchases to the General Disputes Commission or by using ODR via https://webgate.ec.europa.eu/odr/.
  1. Miscellaneous
    13.1  These general terms and conditions and associated agreements are exclusively governed by Dutch law.
    13.2  Disputes with Business Owners will be submitted to the competent court in the Eastern Netherlands district, location Arnhem. 

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