Last changes: 27 December 2019
Article 1 Definitions
- Virtual Reality Lab is referred to as the service provider in these terms of service. The counterparty is referred to as the client.
- Parties are the service provider and the client together.
- The agreement refers to the service agreement between the parties. This agreement usually comes about because the client has accepted an offer from the service provider.
Article 2 Applicability of general terms of service
- These terms of service apply to all offers, work activities, agreements, and deliveries of services by or on behalf of the service provider.
- Deviation from these terms and conditions is only possible if the parties have explicitly agreed to it in writing.
- The service provider is obliged to make its best efforts. The service provider does not have an obligation of result.
Article 3 Access to the service
- The annual membership is valid from the date on which the service provider has created an account for the client up to the same date in the following year.
- Each account for the Virtual Reality Learning HUB is intended for 1 person. It is not allowed to share 1 account with several people.
- The Virtual Reality Learning HUB may occasionally be offline for maintenance or for some other reason.
Article 5 Manners
- In the Virtual Reality Learning HUB, we treat each other with respect. There is room for healthy discussion, but on the internet, you always have to be careful about how you interact. It is harder to judge whether someone is joking. Each member takes this into account by not insulting or intimidating others, not using abusive words and not making unkind comments.
- It is not allowed to post shocking, hateful and/or obscene content on the Virtual Reality Learning HUB.
- If a member fails to respect the Terms of service, a warning is issued from the service provider. If a member repeatedly fails to respect Terms of service, the service provider has the right to remove this person from the Virtual Reality Learning HUB. In that case, there is no entitlement to reimbursement of membership for that year.
Article 6 Incorrect information
- The service provider aims to give an accurate reflection of reality and to display correct prices on the website, in brochures, and in other communications. The client cannot assume that an agreement has been made with Virtual Reality Learning Lab based errors that are recognizable as programming or typing errors.
- The service provider strives for web pages, brochures, and other information resources that are as up-to-date as possible. If, despite these efforts, the content is incomplete or incorrect, the service provider cannot accept liability for this.
- The information and / or products on the website are offered without any form of guarantee and / or claim to correctness. The service provider has the right to change, remove or replace these materials without any notice.
Article 7 Payment
- Invoices have a payment term of 14 days unless the parties have made different arrangements or a different payment term is stated on the invoice. If the client does not pay on time, he is in default. If the client remains in default, the service provider is entitled to suspend the obligations until the client has fulfilled its payment obligation.
- If the client defaults, the service provider will proceed to recovery, after written and telephonic reminders. The costs with regard to that recovery will be borne by the client. If the client is in default, he will owe statutory (commercial) interest, extrajudicial collection costs and other damage to the service provider. The recovery costs are calculated on the basis of the Dutch Reimbursement decree for
extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
- In the event of liquidation, bankruptcy, seizure or suspension of payment of the client, the claims of the service provider on the client are immediately due and payable.
- If the client refuses cooperation in the execution of the assignment by the service provider, he is still obliged to pay the agreed price to the service provider.
Article 8 Execution of an assignment
- The service provider carries out the assignment to the best of its knowledge and abilities and in accordance with the requirements of good workmanship.
- The service provider has the right to have work performed by third parties.
- Implementation takes place in mutual consultation and after written agreement and payment of any agreed advance.
Article 9 Amendment of the agreement
- If, during the execution of the agreement, it appears that proper execution of the assignment needs a change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. The service provider will inform the client of this as soon as possible.
- If the amendment or supplement to the agreement has financial and / or qualitative consequences, the service provider will inform the client about this in writing in advance.
- If the parties have agreed on a fixed fee, the service provider will indicate to what extent the change or supplement to the agreement will result in this fee being exceeded.
- Contrary to the provisions of the third paragraph of this article, the service provider may not charge additional costs if the change or supplement is the result of circumstances caused by the
Article 10 Force majeure
- In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure on the part of the service provider to fulfill any obligation vis-à-vis the client cannot be attributed to the service provider in the event of circumstances independent of the choices and wishes of the service provider, as a result of which his obligations towards the client are wholly or partially prevented or as a result of which the fulfillment of the obligations cannot reasonably be expected from the service provider. These circumstances include non-performance by suppliers or other third parties, power failures, computer viruses, strikes, and work interruptions.
- If a situation as referred to above occurs as a result of which the service provider cannot meet its obligations towards the client, those obligations will be suspended for as long as the service provider cannot meet its obligations. If the situation referred to in the previous sentence has lasted 14 calendar days, the parties have the right to terminate the agreement in writing, in whole or in part.
- In the case as referred to in the second paragraph of this article, the service provider is not obliged to pay compensation for any damage, even if the service provider enjoys any advantage as a result of the force majeure situation.
Article 11 Transfer of rights
- The rights of one of the parties in an agreement cannot be transferred without the prior written consent of the other party. This provision counts as a clause with property law effect, as referred to in Section 3:83, subsection 2, of the Dutch Civil Code.
Article 12 Liability for damage
- The service provider is not liable for damage ensuing from this agreement unless the service provider caused the damage intentionally or with gross negligence.
- In the event that the service provider owes compensation to the client, the damage is no more than the fee.
Article 13 Intellectual Property
- Unless the parties have agreed otherwise in writing, the service provider retains all intellectual absolute rights (including copyright, trademark law, etc.) on all designs, drawings, writings, information on data carriers, offers, images, sketches, etc. This also applies for information shared on the service provider’s website.
- The aforementioned intellectual absolute rights may not be copied, shown to third parties and / or made available or used in any other way without written permission from the service provider.
Article 14 Complaints
- The service provider assumes that the client reports complaints about the work performed to the service provider. The service provider’s website (www.vrlearninglab.nl/klachtenprocedure) describes the manner in which the service provider will handle a complaint.
- If a complaint is justified, the service provider is still required to perform the work as agreed on by the parties.
Article 15 Dispute Resolution
- If a serious dispute should arise between the client and the service provider – in spite of the provisions of Article 12 regarding the handling of a complaint – such a dispute will be settled in accordance with the Arbitration Regulations of the Netherlands Arbitration Institute.
Article 16 Applicable law
- Dutch law applies exclusively to this agreement between service provider and client. The Dutch court has jurisdiction.
Article 17 Confidentiality
- All information provided by clients or participants, in particular business-sensitive information such as business situations, work processes, customer groups and strategies, is confidential for the service provider, its employees and teachers.