Terms and Conditions - ICM opleidingen & trainingen

General terms and conditions of registration and payment

Article 1. Definitions

In these terms and conditions, the following terms are defined as stated below:

“Terms and Conditions”: general terms and conditions of ICM education & training
“ICM”: ICM opleidingen & trainingen B.V., established in Utrecht at (3533 AE) Joseph Haydnlaan 2a, listed in the Commercial Register of the Chamber of Commerce under number 57733376, or ICM Administratie B.V., established in Utrecht at (3533 AE) Joseph Haydnlaan 2a, listed in the Commercial Register of the Chamber of Commerce under number 57732728.
“Customer”: a legal entity or natural person (whether or not acting in the exercise of a profession or business) who wishes to purchase or has purchased a service and/or product from ICM and with whom an agreement is being or has been concluded, or to whom a quotation is being provided. ”Private customer”: a natural person who pays for the training or course themselves and/or indicates on the registration form that it concerns a private registration.

Article 2. General

These terms and conditions apply to every offer, quotation and agreement between ICM and the customer, unless the parties have expressly deviated from these terms and conditions in writing. These terms and conditions also apply to agreements with ICM, for the execution of which ICM must involve third parties.
The applicability of any purchasing or other conditions of the customer is explicitly rejected.
If one or more provisions of these terms and conditions are or become null and void at any time, in whole or in part, the remainder of these terms and conditions will remain fully applicable. In that case. ICM and the customer will enter into consultations in order to agree on new provisions, whereby the purpose and scope of the original provision(s) are taken into account as much as possible.
ICM not always requiring strict compliance with these terms and conditions does not mean that the provisions thereof do not apply, or that ICM in any way loses the right to require strict compliance with the provisions of these terms and conditions in other cases.

Article 3. Offer and agreement

ICM (prefers) to make its offers in writing (for example, but not exclusively, via the website).
The offer contains at least the following information:

A description of the training or course and any educational materials that form part of it;
The method of execution;
Start date of the training or course;
The general terms and conditions applicable to this offer;
The (possible) admission requirements;
The total investment;
The method of payment

The customer enters into an agreement with ICM by registering for a course or training. Registration can take place via the digital registration form on the website, by email or by telephone. By registering, the customer indicates that he is aware of and accepts ICM’s general terms and conditions. ICM sends an electronic confirmation to the customer. This confirmation serves as proof of the conclusion of the agreement.

Article 4. Price and payment

Unless otherwise agreed in writing, all prices are exclusive of VAT and stated in euros.
Payment must always be made within 14 days of the invoice date (this is, in principle, the start date of the training or course). If the customer fails to pay an invoice in time, he will be in default by operation of law. In that case, the customer will owe interest of 1% per month. The interest on the amount payable is calculated from the moment the customer is in default, until the moment the amount due is paid in full.
If the customer is in default in the (timely) fulfilment of his obligations, all reasonable collection costs, both judicial and extrajudicial, will be payable by the customer. The extrajudicial costs will be calculated on the basis of what is customary in the Dutch debt collection sector.

Article 5. Liability

ICM is only liable to the customer for damage that is the foreseeable and direct consequence of an attributable shortcoming on the part of ICM in fulfilling its obligations under the agreement between it and the customer. Any form of consequential or indirect damage or loss, including, but not limited to: direct trading losses, losses due to delays (other than statutory interest), losses due to depreciation, loss of enjoyment, loss of profit or other losses incurred, as well as damage to (goods of) third parties, cargo damage and personal or immaterial damage or losses are excluded from compensation.
Insofar as ICM is obliged to compensate for damage or loss under the provisions of paragraph 1 above, this only concerns damage or loss against which ICM is insured or against which ICM should reasonably have been insured, on the understanding that no amount exceeding the maximum insured amount will ever be eligible for compensation. Should ICM’s insurer, for whatever reason, decide against paying out in any given case, ICM’s liability will be limited to a maximum of the invoice value of the agreement.

Article 6. E-Learning

For the purpose of attending an E-learning course or training (= a course or training that is made available by ICM to the customer via the internet or other electronic means, involving the interactive use of a computer), ICM can grant the customer non-exclusive access to software programs.
The password(s) and/or user name(s) and/or other identification data provided by ICM to the customer are strictly personal. Sharing the aforesaid data with a third party is not permitted, unless expressly agreed otherwise with ICM.
The data referred to in paragraph 2 is exclusively intended for the purpose of an E-Learning course or training. The customer will handle the aforesaid data with the utmost care. The customer is liable for (the consequences of) careless and/or unlawful use of the data referred to in paragraph 2.

Article 7.1 Cancellation, rescheduling and interim termination

If the customer is a private customer and pays for the course or training himself, the customer has the right to a 14-calendar-day cooling-off period (right of withdrawal). Within this period, the customer has the right to cancel the agreement without giving reasons. If the private customer wishes to cancel the agreement during this period, he can do so by calling 030 – 29 19 888 or by sending an email to: info@icm.nl. This cooling-off period starts immediately from the moment your registration has been confirmed by ICM. The right expires once the intake form has been completed or a session of the relevant course has been attended.
The customer can cancel the agreed course or training (whether or not via E-Learning) by calling 030 – 29 19 888 or by sending an email to: info@icm.nl. before the start of the first course or training day.
In case of cancellation more than 60 days before the start of the first or originally agreed course or training day, 10% of the total training costs will be charged. In case of cancellation more than 30 days before the start of the first or originally agreed course or training day, 20% of the total training costs will be charged. In case of cancellation within 30 days before the start of the first or originally agreed course or training day, 30% of the total training costs will be charged, even if registration took place within this period.
At the customer’s request, it can be decided in consultation to attend the course or training at a later date. If the course is rescheduled within 30 days before the start of the first or originally agreed course or training day, an amount of €175 excluding VAT will be charged. If the customer has made use of this option and subsequently wishes to cancel, the cancellation costs (see Article 7, paragraph 3) will be calculated based on the time of requesting this rescheduling compared to the first or originally agreed course or training day.
In all cases, a replacement participant can be sent after permission from ICM.
These cancellation conditions apply in full to both the first choice of the specified preferred location and the second choice.
The customer is entitled to terminate the course or training that has already commenced with immediate effect. In that case, 50% of the course or training costs plus attendance to date will be charged, unless there are compelling circumstances, at the discretion of ICM.
ICM reserves the right to cancel the course or training agreed upon with the client without giving reasons. If ICM decides not to organise a course or training at the customer’s 1^st or 2^nd preferred location, the customer has the right to cancel or to be reassigned, free of charge. This right lapses for the customer if ICM is faced with force majeure (see Article 11, paragraph 4).
In case of cancellation of a registration for an event (listed on our events page), we will not issue a refund. Registration for an event is excluded from the right of withdrawal, as this concerns a time-bound product. We do offer you the option of sending a replacement participant to the event. For this, you can call us on 030 – 755 1890 or send an email to: events@icm.nl.

Article 7.2 Cancellation and rescheduling – In-company training programmes

If the customer cancels 30 days before the start of the course, an amount of 25% of the total investment will be charged. If the course is cancelled between 30 days and 14 days before the start, an amount of 50% of the total investment will be charged. If cancelling less than 14 days before the start of the programme, the total investment will be charged.
If the customer reschedules the session 30 days before the start, no fee will be charged. In the event of rescheduling between 30 days and 14 days before the start of the session, an amount of 25% of the session will be charged. In the event of rescheduling between 14 and 7 days before the start of the session, an amount of 50% of the session will be charged. In the event of rescheduling less than 7 days before the start of the session, the full amount will be charged.

Article 8. Intellectual property rights

ICM retains the intellectual property rights, including copyright, relating to all items provided by ICM and/or its partners (such as, but not limited to, books, practice exams, readers, and software). The matters referred to in this article may not be made public and/or otherwise brought to the attention of third parties without the express prior consent of ICM.

Article 9. Processing of (personal) data

The customer agrees that (personal) data that the customer provides to ICM, such as (work) address details, telephone numbers and email addresses, will be processed in a (partly) automated administration system of ICM. This information may be used for customer administration, invoicing, providing access to (online) course materials and (electronic) sending of information about (E-learning) courses or training plus related products and services of ICM. The customer has the right to digitally withdraw consent or part of the consent for the processing of (personal) data at any time. The customer can do this by sending an email to privacy@icm.nl. The client and ICM will adhere to the obligations that apply to each of the parties under the European Privacy Regulation. Please consult our privacy statement for more specific information about the processing of your personal data.

Article 10. Confidentiality

ICM, its employees and persons working for ICM must treat the information provided by the customer confidentially.

Article 11. Other rights of ICM

Due to changes in examination requirements (whether or not imposed by the government) or qualitative improvements, ICM reserves the right to change course or training programmes during the term of the agreement.
ICM reserves the right to change prices at any time. However, after confirmation of registration the price agreed upon at that time will remain valid. Printing and typographical errors and price changes resulting from the legislative amendments (including, but not limited to, VAT increases) are reserved.
ICM reserves the right to use (visual) material produced by the client during a course or training for the benefit of other courses or training offered by ICM.
ICM is entitled to suspend the fulfilment of obligations if it is temporarily prevented from doing so vis-à-vis the customer due to force majeure (all external causes beyond the company’s control). ICM cannot be held responsible for any failure to fulfil obligations if this failure is the result of force majeure. Once the force majeure situation has ceased, ICM will fulfil its obligations as soon as its planning permits. This means that, in the event that ICM is temporarily unable to fulfil its obligations, the customer cannot terminate the agreement free of charge. If the customer wishes to cancel the agreement, our regular cancellation conditions apply (see Article 7).

Article 12. Prescription and lapse of time

All claims against ICM, including claims for compensation, will expire and/or lapse after 1 year after the relevant claim or entitlement arose.

Article 13. Exams

Some of our courses and training programmes are concluded with an ICM exam and/or an external exam.

ICM exam: an exam administered by ICM that is part of the relevant course or training.
External exam: an exam for a course or training other than an ICM exam.

The offer (for example via the website) will state whether an exam is part of the relevant course or training. If an exam is part of the course or training, the offer will state whether it is an ICM exam or an external exam.
A course or training can be assessed by means of a written exam, a digital exam, an oral exam and/or a practical assignment.
In the case of an external exam, the customer is responsible for registering and meeting the conditions for the relevant external exam.
The exam and/or practical assignment and associated costs form an integral part of the course or training.
The General Examination Provisions apply to all ICM exams. Click here to consult the examination provisions.

Article 14. Applicable law, complaints and disputes

All legal relationships in which ICM is a party are governed exclusively by Dutch law, even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship resides there.
Delivering top quality is of paramount importance to ICM. We are committed to achieving exactly that in everything we do. However, sometimes a customer is dissatisfied with something. In that case, a customer can submit a complaint by telephone (030-29 19 888) or by email (service@icm.nl). We aim to respond as quickly as possible (within ten working days at the latest) and to find a solution that leads to complete satisfaction for all parties.
If the complaint cannot be resolved by mutual agreement, the customer or ICM can contact the Disputes Committee (https://www.degeschillencommissie.nl/ ). If ICM wishes to contact the Disputes Committee, it will consult the customer first. A dispute will only be accepted if the complaint has been submitted to ICM first and this has not led to a satisfactory solution. If the customer submits a dispute to the Disputes Committee, ICM will be bound by this choice. The decision of the Disputes Committee is a binding recommendation. Any dispute must be submitted to the Disputes Committee within twelve months of submitting the complaint to ICM.