General Terms & Conditions

Article 1. Definition

In these terms and conditions the following terms shall have the following meanings:

1. SAC; SANKALPA AYURVEDA COLLEGE
2. Student: a natural person who participates in a Training, Module or Workshop;
3. Parties: designation of SAV and Student jointly;
4. Party: SAC or Student;
5. Agreement: the agreement concluded between SAC and the Student by confirmation from SAC after Registration;
6. Training: all Training Programs provided by SAC that last longer than 1 day.
7. Workshop; all training courses, training sessions or education provided by SAC that last 1 day or less.
8. Registration: the placing of a written or oral (telephone) order, registration and/or assignment with SAC and the acceptance of the order, registration and/or assignment by SAC.
9. Substitute: the substitute of the Student within the meaning of Article 5 of these general terms and conditions;
10. Teacher: the teacher;
11. Written: In these terms and conditions, wherever the form ‘written’ is used, the form ‘by e-mail’ may also be read;
12. Test: an examination to be administered by SAC or a third party following a Training or Workshop or a case presentation assessed by SAC or a third party or the combined total of all tests belonging to the relevant Training or Workshop.

Article 2. Applicability

1. These general terms and conditions apply to all offers, invoices, quotations, Agreements with Students, services provided to Students for the benefit of the Courses or Workshops, and to all other actions performed by SAC for the benefit of Courses or Workshops, unless the parties have expressly deviated from them in Writing.
2. SAC is entitled to engage third parties for the performance of the Agreement. When SAC engages or involves third parties for the performance of an Agreement, the present conditions apply.
3. When registering for a Course or Workshop on the website of SAC or an intermediary who processes the Registration on behalf of SAC, Student has declared to have taken note of these general terms and conditions and Student has agreed to these general terms and conditions. Also when registering on a website other than the SAC website for a Course or Workshop that is provided by SAC, the general terms and conditions of SAC will prevail.
4. If a Student expressly rejects the general terms and conditions in writing, SAC and Student will subsequently expressly agree on applicable terms and conditions.
5. In the event that one or more of the provisions in these general terms and conditions are null and void or are annulled, the other provisions will remain in force and fully applicable. Should one or more of the provisions of these general terms and conditions lapse, the parties will enter into consultation to replace the null and void or annulled provisions with new provisions. In doing so, the purpose and scope of the null and void or voidable provisions will be taken into account as much as possible.
6. The applicability of any conditions of Student is expressly rejected.

Article 3. Conclusion of the Agreement & Registration

1. The Agreement between SAC and the Student is concluded at the moment of confirmation by SAC:
   a. of Registration on the website of SAC; b. or of Registration (on the website of) an intermediary of SAC; c. or of Registration by letter.
2. SAC may refuse the Registration, as referred to in the previous article, of a Student without stating reasons. SAC will refuse the Registration in any case if the Student does not meet the registration conditions (complete registration form, complete payment details) for the Course or Workshop, unless an arrangement can be made. If the Participant does not meet the registration conditions of SAC, the Student must consult with SAC. By agreeing to these general conditions, the Student declares that he meets the registration conditions for the Course or Workshop.
3. The offers made by SAC are valid for the period that they are published on the website. 
4. In case of insufficient Enrollments, SAC reserves the right to cancel the Course or Workshop or to merge Course or Workshop groups. If SAC intends to cancel or merge, ACE will inform Student of the cancellation or merger as soon as possible.
5. Amendments to the originally concluded Agreement between Participant and SAC shall only be valid from the moment that these amendments have been accepted in writing by both parties by means of a supplementary or amended Agreement. SAC shall not be bound by an acceptance that deviates from the offer, unless SAC has expressly accepted this deviation in writing.

Article 4. Offers, invoices, quotations and prices

1. Invoices and quotations shall state:
   a. the main characteristics of the Training or Workshop; b. the full address details and contact details of SAC, including the telephone number and e-mail address; c. the total price of the Training or Workshop excluding VAT, the total amount of VAT and the total amount including VAT; d. if applicable, the costs of delivery; e. the method of payment; f. the VAT identification number of SAC; g. the Chamber of Commerce identification number of SAC; h. the invoice number; i. the invoice date; j. the name and address of the Student.
2. The prices stated in the offer, the Agreement or general terms and conditions are exclusive of VAT and other government levies, unless stated otherwise.
3. Student must pay the full amount of the Training or Workshop in one go, unless payment in installments has been agreed.
4. Student must transfer the SAC Invoice to SAC within 14 calendar days (10 working days) after the invoice date via the payment method selected during registration and in the currency in which it was declared. In the event of a ‘late Registration’ and the period until the start of the Course or Workshop is less than 14 calendar days (10 working days), the invoice must be paid before the start of the Course or Workshop. If the invoice amount is not paid in full within this period, Student will be in default by operation of law, unless otherwise agreed in Writing.
5. If Student does not pay the invoice amount within the term, SAC will send a written reminder. If SAC has to send another reminder after this reminder, SAC will charge reminder costs of € 25. If Student remains in default after the reminder, SAC is entitled to engage a legal service provider (for example a debt collection agency). At that time, Student also bears the costs for the legal services as well as the judicial and extrajudicial costs, as well as the statutory interest and as well as the (delay) damage caused by the default.
6. If a quotation or invoice contains an obvious error or mistake and the Student could reasonably understand this, SAC cannot be held to comply with the obvious error or mistake described in the quotation.
7. In the event of multiple Courses or Workshops being purchased, SAC is free to grant a discount. The prices on the SAC quotation are closely related. SAC is not obliged to perform a part of the quotation for a corresponding part of the stated price, unless expressly agreed otherwise.
8. In limited circumstances, SAC may change the price of the Training or Workshop. Price changes will in principle only apply to future Agreements, unless one or more of the situations mentioned in the following paragraph apply.
9. Price changes may occur:
   a. if SAC is obliged to change the content of the Training or Workshops based on requirements set for SAC to grant the diploma, certificate or qualification; b. in the event of a supplement to the Agreement; c. when Student requests an extension or renewal of the Training or Workshop agreement with SAC; d. when changes occur in legislation and regulations applicable to SAC after three months after the conclusion of the Agreement.

Article 5 Dissolution, (partial) cancellation, non-participation or replacement

1. The Training or Workshop can only be cancelled in writing.
2. In the event of cancellation, the Student must return any teaching materials sent unopened.
3. Participant may terminate the Agreement free of charge within 14 calendar days from the date on which the Agreement was concluded, provided that the Training or Workshop has not yet started. Student may terminate the Agreement by sending a written notice of termination to SAC within 14 calendar days from the date on which the Agreement was concluded.
4. In the event of termination of the Training or Workshop, the reasonable part of the salary due depends on the period until the start of the Training or Workshop. The costs that Student owes after termination depend on the time at which the Student informs SAC of the termination. Student remains liable to pay the following costs to SAC:
   • If Student cancels within a period of 14 calendar days from the date on which the Agreement is concluded (the invoice date), Participant will not owe any tuition fees to SAC.
   • If Student cancels earlier than 2 months before the first day of class, Student, except as provided under a of paragraph 4 of this article, owes ACE the amounts below. See table below with cancellation costs.

Cancellation costs
Time of cancellation (Training)	Costs Due (Training)
Up to 2 months in advance	10% of the tuition fee
From 2 months in advance	25% of the tuition fee
From 2 weeks in advance	50% of the tuition fee
From day 1 of class	100% of the tuition fee
Time of cancellation (Workshop)	Charges Due (Workshop)
Up to 2 months in advance	25% of the tuition fee
From 2 months in advance	25% of the tuition fee
From 1 month in advance	50% of the tuition fee
From 1 week in advance	75% of the tuition fee
From 3 days in advance	100% of the tuition fee

5. If the Student stops attending the Course during the Course, no refund will be made.
6. In the event of cancellation of part of a Course by the Student, the Student remains liable to pay SAC the full tuition fee for the Course. The costs already paid will be considered as compensation for the costs incurred for the location, the costs for the Teacher, the provision of the teaching materials, the unfilled Course place and the time invested by SAC and are therefore not reclaimable to the extent permitted by law.
7. In the event of prevention or non-participation in a Course or Workshop, the Student remains liable to pay SAC the full tuition fee.
8. In the event of serious force majeure or circumstances on the part of the Student, the Student may consult with SAC about rescheduling the Course. The Student and SAC may agree that the Student will follow the Course at a later date. When changing the Course or Workshop to a different start date, the following costs will be charged (see table below):

Change costs
Time of change (Training)	Costs Due (Training)
Up to 2 months in advance	€25 per outstanding lesson day
From 2 months in advance	€25 per outstanding lesson day
From 2 weeks in advance	€25 per outstanding lesson day
From day 1 of class	€25 per outstanding lesson day
Time of change (Workshop)	Charges Due (Workshop)
Up to 2 months in advance	€25
From 2 months in advance	€25
From 1 month in advance	€25
From 1 week in advance	€50
From 3 days in advance	€75

9. Failure to attend a Workshop without cancellation automatically means that the full costs will be charged. The Workshop can no longer be changed or moved. Should the Student wish to reschedule the Workshop, the Student must purchase a new Workshop.
10. If a Student is unable to attend a Course or Workshop, the Student is only authorised to have a Replacement attend in his/her place with the permission of SAC, provided that this is communicated at least 30 calendar days before the start of the Course or 1 week before the start of the Workshop and provided that the Replacement meets the registration conditions of the Course or Workshop. In connection with administration costs and replacement of certificates or diplomas, SAC may charge € 150,- excl. VAT if replacement takes place shortly before the start of the Course or Day Course. These costs cover the work of SAC, both administrative and substantive, such as reordering the diploma.
11. If the Course has started, replacement is not possible.
12. If the Student expressly agrees to an earlier start of the Course or Workshop by delivering the course material earlier, prior to sending the course material, SAC may, if SAC deems this possible and desirable, send the course material earlier.
13. SAC reserves the right to cancel the Course or Workshop in the event that a Course or Workshop receives fewer than the minimum number of Enrollments. In that case, SAC will offer an alternative class or terminate the Agreement. If the Student cannot or does not want to participate at another location, SAC will refund the tuition fee. Refunds will be made within a period of 14 working days.
14. The option to change the Course or Workshop at the last minute to a date in the future is financially more advantageous than immediate cancellation. In this way, SAC wants to help the student to be able to follow the course later at a later date against change costs, so without charging cancellation costs. If the Participant moves the Course or Workshop, but later decides to cancel the Course or Workshop, two types of cancellation costs apply:

a. The cancellation costs apply to the new start date of the Course or Workshop, provided that these cancellation costs are at least equal to the cancellation costs if the Course or Day Course had been cancelled immediately at the time of the change.
b. The new cancellation costs are lower than if the Student had cancelled immediately at the time of the initial change date of the Course or Workshop. In this case, SAC applies the cancellation costs that would have been applicable at the original change date.

Article 6 Obligations & rights SAC

1. SAC will endeavor to execute the Agreement carefully and to the best of its knowledge and ability. SAC will, where applicable, provide a suitable classroom, teaching materials and qualified Teachers.
2. Parties agree that article 7: 404 of the Civil Code is excluded. SAC has the right to have work carried out for a Training or Workshop by third parties. If the Agreement has been implemented with a specific person in mind, SAC is authorised to replace this person with a person with at least the same qualifications.
3. SAC stores administrative data for 7 (seven) years. SAC stores teaching materials, any submitted assignments, for 1 (one) year.
4. If Student wishes to be eligible for a Diploma, certificate or testimonial, Student must attend all class days, submit homework at the specified times and successfully complete the normative assessment of knowledge and skills. Only if Student has met all of these requirements is SAC required to award a diploma, certificate or testimonial.

Article 7 Obligations & rights of Student

1. Students must attend all class days and submit homework at designated times.
2. In case of absence during a Training lesson day without cancellation, an extra lesson day of €100,- will be charged. Student must cancel at least 12 hours in advance. 
3. If Student wants a Diploma, certificate or testimonial, Student must attend all class days, submit homework at specified times and successfully complete the normative assessment of knowledge and skills.
4. SAC requires data for the execution of the Agreement. Student is responsible for timely delivery of the data required by SAC, such as name and address details. If Student does not deliver the data on time, SAC has the right to suspend the Agreement. If additional costs have to be incurred due to the delay, SAC may recover these costs from Student.
5. In the event that the required data contains errors and that the errors lead to inaccuracies on printed and/or printed material or inaccuracies on a certificate, diploma or diploma, Student must bear the costs for the printing and/or printing costs. SAC will not charge for the work required to change the inaccuracies on printed and/or printed material.
6. Student is obliged to report changes to contact details in a timely manner. If Student fails to do so, SAC will make an effort to contact them. SAC is not liable for damages if teaching materials, timetables or other data do not reach Student because Student has left incorrect, incomplete or outdated contact details.
7. Student is required to behave properly during meetings and to follow the instructions of the Teacher. If Student fails to do so, this shall be considered a breach of the Agreement.
8. Student is required to behave properly during Tests and must follow the instructions of the Teacher during Tests. If Student fails to do so, this shall be considered a breach of the Agreement.
9. Student must submit homework digitally in the method provided by SAC. If Participant fails to do so, this shall be considered a breach of the Agreement.
10. Since the Training or Workshop must meet a number of requirements, the Student must attend the Training or Workshop and therefore also the Training Days or Workshops in order to qualify for the diploma and must submit homework within the period set by SAC in the manner set by SAC in order to qualify. If a Student has failed to do so, the Student may deny the Participant access to the lesson. In that case, SAC will offer the Student the opportunity to catch up on the lesson at a later time. If catching up in a parallel group is not possible, the Student may still catch up on the lesson in the next period in which the lessons are given.
11. Student must follow Student’s instructions for submitting homework. This includes the format of the document (e.g. .doc or .pdf) or the font.
12. If SAC sets deadlines for submitting homework, students must comply with these deadlines.
13. Submitting homework assignments may be a requirement for obtaining a certificate, diploma or degree. Failure to submit homework assignments (on time) may result in SAC not awarding the certificate, diploma or degree. The full tuition fee remains due in the event of failure to meet the degree requirements.
14. If SAC detects study fraud or irregularities, SAC will declare the test and the associated grade invalid. If Student wants to qualify for a certificate or diploma, Student can retake the test. The costs for a retake are € 100,- and serve as compensation for the organization of a new test. Study fraud or irregularities include:
    a. any form of obtaining information from a fellow student during the test, regardless of whether this is done with or without permission; b. having notes, literature or electronic devices within reach. The responsibility for the absence of such devices lies with the Participant; c. providing or eliciting information from fellow students; d. taking photos of tests or taking tests with them.

Article 8 Duration and termination of the Agreement

1. The Agreement will end upon completion of the Training or Workshop.
2. If Student successfully completes the Training or Workshop, the Agreement will end by awarding the associated diploma, certificate or testimonial.
3. SAC is authorized to terminate an Agreement if Participant fails to comply with the Agreement, including the general terms and conditions. Examples of non-compliance are non-compliance, improper compliance or incomplete compliance. Student is obliged to behave properly during meetings and to follow the instructions of the Teacher. If Student fails to do so, this shall be considered a failure to comply with the Agreement. SAC will always inform Participant when it intends to use this measure. The costs associated with the Training or Workshop and the obligation to pay shall continue to exist and the tuition fee shall therefore remain due.
4. In the event of bankruptcy of Student, SAC is entitled to terminate Student’s Training or Workshop and/or to terminate the Agreement, unless Student’s trustee provides security for SAC’s commercial prices.

Article 9 Delivery and delivery time

1. If SAC and Student agree on a term, this will never be considered a fatal term. If SAC gives a delivery indication of the teaching material, this will never be a fatal term. If SAC exceeds a (delivery) term, Student must first give SAC written notice of default and offer a reasonable term to implement the Agreement.
2. If the (delivery) term is exceeded, the Student’s obligation to purchase the Training or Workshop remains in effect. The Student can send the notice of default to SAC in writing.
3. If the Student expressly agrees to an earlier start of the Course or Workshop by earlier delivery of the teaching materials prior to sending the teaching materials, SAC may, if SAC deems this possible and desirable, send the teaching materials earlier. By agreeing to earlier delivery of the teaching materials, the Student also declares that the Student waives the right of cancellation.
4. Delivery occurs when SAC provides access to the delivered. This is done by an email with login details, unless more or less has been agreed.

Article 10 Liability and indemnity

1. If SAC is held liable, SAC shall only be liable to the extent provided for in this article, unless the damage is due to intent or gross negligence.
2. SAC is not liable for any damage resulting from incorrect or incomplete provision or concealment of data by Student.
3. SAC is never liable for products or services provided free of charge by SAC.
4. SAC and Student agree that SAC will provide the Training or Workshop to the best of its knowledge, but that SAC cannot be held liable for damage to a Student that is a direct or indirect result of the (content of the) Training or Workshop. SAC is not liable for damage resulting from application.
5. Student must indemnify and hold SAC harmless from any claims for damages from third parties.
6. If SAC could be held liable, this can only be for an amount of up to twice the invoice value of the assignment, unless it concerns liability for a part of the assignment. If SAC could be held liable for a part of an assignment, this can only be for an amount of up to twice the invoice value of the part of the assignment.
7. SAC is not liable for indirect damage, such as consequential damage, business damage, loss of profit, damage due to business stagnation and/or other forms of indirect damage, except in the case of intent or gross negligence. SAC is not liable for damage of or to third parties.
8. If SAC cannot influence developments at third parties, for example whose location SAC uses for the execution of the Agreement, such as a Training Location or Workshop Location, and if these developments by third parties lead to damage, SAC will not be liable.
9. SAC is, to the extent that SAC can be held liable, not liable for damage suffered by medical or psychosocial advice or advice of another nature from the Teacher. Advice given by the Teacher is not done on behalf of ACE, but from the Teacher himself. 
10. SAC is, to the extent that SAC can be held liable, only liable for direct damage. All damage that is not direct is indirect. Direct damage includes:

1. the costs of determining the damage;
2. the reasonable costs incurred by Student to ensure that SAC complies, unless these costs cannot be attributed to SAC;
3. and reasonable costs incurred by Student to prevent (higher) damage. Student must demonstrate that these costs have led to limitation of the damage.

Article 11 Intellectual property

1. All intellectual property rights pertaining to the Agreement and pertaining to the Training or Workshop belong to SAC and are and remain the property of SAC. This includes the intellectual property rights that arise from the teaching materials that SAC has developed, delivered or made available. This includes in any case the teaching materials, advice and any blogs on the SAC website.
2. Student obtains a non-transferable right to use the teaching material for the duration of the Agreement. The right to use includes use of the teaching material for private purposes.
3. SAC is entitled to use photo or video recordings of Participants for promotional purposes, provided that no strictly confidential information of the Student is disclosed, unless otherwise agreed in writing.
4. The Student is not permitted to develop or provide a similar Training or Workshop, either independently or in collaboration with third parties, based on the Training or Workshop provided by SAC, the curricula developed and the associated teaching materials, unless SAC has given written permission to do so.
5. The copyrights of these general terms and conditions belong to Thomas Vegting and may not be taken over, copied or distributed without his permission.

Article 12 Force majeure, suspension and termination due to force majeure

1. If a case of force majeure occurs, SAC is obliged to inform the Student as soon as possible. SAC will make every effort to continue and complete the Training or Workshop or to continue or complete the Training or Workshop at a later time.
2. In the event of force majeure, SAC is authorised to suspend or terminate the Agreement without judicial intervention and without liability for damages for a maximum of 6 months. If the force majeure lasts longer than 6 months, both parties are authorised to terminate the Agreement free of charge and without damages.
3. Force majeure is understood in these conditions, in addition to the legal interpretation and the interpretation in Dutch case law, as an external cause (foreseen or unforeseen) over which SAC has no influence and as a result of which compliance by SAC cannot reasonably be required. An example is a strike by third parties, the loss of a teaching location or physical incapacity of a Teacher.
4. SAC is entitled to invoke force majeure in the period in which SAC should already have fulfilled its obligation.
5. If it is not possible to continue or complete the Training or Workshop, either party may terminate the Agreement. Tuition fees already paid will be refunded in proportion to the number of lessons and registration fee. SAC may invoice the portion of the work performed at the time of termination in proportion to the agreed price.

Article 13 Applicable law, competent court & amendment of the general terms and conditions

1. If the parties disagree, they undertake to reach an agreement as soon as possible by talking to each other honestly, openly and in good faith, with a sense of fairness for all involved.
2. If the parties are unable to resolve a disagreement between themselves, their next option is to convene a mediation or a colleborative law process. 
3. Dutch law applies to all offers to Student and Agreements concluded between Student and SAC.
4. In the unlikely event that, after the execution of paragraph and 2 of this article, a dispute still exists with regard to an offer or Agreement, the competent court, including the interim relief judge in summary proceedings, in Midden-Nederland has jurisdiction to hear disputes arising from legal relationships between Student and SAC or from offers made by SAC.
5. SAC may amend these general terms and conditions. Announcement of new general terms and conditions will be made via display before logging in to the learning environment and must be accepted there. 

Article 14 Privacy provisions

1. SAC and Student are both required to handle confidential information that they have received from each other with care. Information is confidential when one of the parties indicates that it is confidential when providing that information or when confidentiality arises from the nature of the information.
2. SAC is entitled to engage third parties for the execution of the Agreement. SAC will provide third parties, such as Teachers, only with the data required for the execution of the Agreement or safety.
3. For the purpose of executing the Agreement, in particular in the context of exercising the Agreement, SAC will provide the contact details of Students to other Students in the same group for activities such as joint travel or studying.
4. After obtaining contact details of fellow Students, the Student undertakes to refrain from, among other things:
   a. distributing SPAM, including defamatory statements or texts; b. distributing material that is contrary to public order and morality, such as messages of a pornographic and/or racist nature; c. infringing the rights of third parties, including: i. copyrights; and ii. privacy of third parties; d. criminal conduct.
5. SAC is authorized to use Student data for sending teaching materials, the SAC newsletter, information about Courses or Workshops provided by SAC or other information about SAC activities. Participant can unsubscribe from any mailing at any time by sending an unsubscribe to SAC in writing.
6. A party shall not be liable to pay damages or compensation if a party provides confidential information to third parties without the consent of the other party under the law or a court order.
7. Any other provision of confidential information to third parties is only possible with the consent of the other party.
8. SAC uses Social Media for promotion and/or publicity. SAC has the right to place photos or videos of Courses or Workshops. Should the Student object to this, the Student can inform SAC of the objection in writing before and during the Course or Workshops. SAC will, if reasonable, remove the photo. In any case, it is unreasonable to demand removal of a photo in which SAC is not recognizable.

Article 15 Location and amendment of general terms and conditions

1. In addition to publishing these general terms and conditions on their website, SAC will be happy to provide them again if requested, for example in the event of loss.
2. The most recent version of the general terms and conditions applies to every legal act of SAC, unless these acts serve to implement an Agreement that has already been concluded.