General Terms & Conditions

1. Definitions

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

1. Client: the person or legal entity purchasing the Training.
2. In-Company Training: Training organised by Mahler TDD Solutions within the organisation of the Client.
3. Mahler TDD Solutions: Mahler TDD Solutions, established in Utrecht and registered with the Dutch Chamber of Commerce with registration number 86197851.
4. Open Registration Training: a form of training in which Participants from various organisations attend the same Training.
5. Participant: the person participating in the Training.
6. Registration Form: the electronic registration form for the Open Registration Training, which is accessible via https://mahlertdd.com/training/.
7. Terms: these terms and conditions, which apply to the Trainings provided by or via Mahler TDD Solutions.
8. Trainings: courses and/or trainings offered by or via Mahler TDD Solutions, including (but not limited to) Open Registration Trainings and In-Company Trainings.
9. Website: the website containing information about the Trainings and the Registration Form for the Trainings, accessible via https://mahlertdd.com/training/.

2. Applicability

These Terms apply to all proposals issued by Mahler TDD Solutions with regard to Trainings, unless otherwise agreed upon in writing.

By registering to a Training or accepting a proposal issued by Mahler TDD Solutions, the Client agrees to these Terms.

These Terms are available on the Website and can be sent to the Client upon request.

3. Proposals

All proposals for In-Company Trainings issued by Mahler TDD Solutions are non-binding and valid for one month.

4. The agreement

The agreement between the Client and Mahler TDD Solutions comes into effect when the Client submits the fully completed Registration Form on the Website or accepts the proposal issued by Mahler TDD Solutions and relating to a Training to be provided by or via Mahler TDD Solutions.

With regard to Open Registration Trainings: upon receipt of the registration of a participant, Mahler TDD Solutions will send a written confirmation of registration and an invoice to the Client.

With regard to In-Company Trainings: upon receipt of the signed proposal issued by Mahler TDD Solutions, it will send a written confirmation of the Training to the Client without undue delay and it will send an invoice to the Client after completion of the Training.

5. Prices

The prices apply as they are stated on the Website (with regard to Open Registration Trainings) or as included in the proposal provided by Mahler TDD Solutions to the Client (with regard to In-Company Trainings).

The following applies to Open Registration Trainings:

The price for the Open Registration Training includes the costs for the course material, lunch and coffee and/or tea.

The following applies to In-Company Trainings:

The price for the In-Company Training includes the costs for the course material.
If it is agreed between the Client and Mahler TDD Solutions that the Training will take place at the location of the Client’s company, the Client shall provide, at its expense, a suitable room as specified by Mahler TDD Solutions.
Lunch and accommodation costs (if any) for the Participants shall be at the Client’s expense, unless otherwise agreed upon in writing.

6. Cancellation or rescheduling by the Client

The following applies to the Open Registration Trainings:

Cancellation of the Training can be made free of charge up to four weeks prior to the start of the Training.
For cancellations that are made within four weeks prior to the start of the Training, the Client is obliged to pay 100% of the price of the Training.
The Client has the possibility to replace the initial registered Participant with another Participant.

The following applies to In-Company Trainings:

Cancellation of the Training can be made free of charge up to four weeks prior to the first day of the Training or, in case the Training does not consist of more than one day, the day of the Training.
For cancellations made within four weeks prior to the start of the Training, the Client is obliged to pay 100% of the price of the Training.
Up to four weeks prior to the start of the Training, the Client can request a change in the date of the Training free of charge. The new date of the Training shall be mutually agreed upon.

7. Cancellation, reschedulements and changes by Mahler TDD Solutions

The following applies to Open Registration Trainings:

Mahler TDD Solutions is entitled to cancel or reschedule an Open Registration Training up to two weeks before the start of such Training, for example (but not limited to) if there are not enough Participants for the Training. The minimum number of Participants is stated on the Website. In case of cancellation, the Client is entitled to receive a refund of the full amount paid to Mahler TDD Solutions.

The following applies to In-Company Trainings:

Mahler TDD Solutions can only cancel or reschedule an In-Company Training in consultation with the Client. If this does not lead to a suitable solution, the Client has the right to cancel the Training free of charge.

For both forms of Trainings, Mahler TDD Solutions reserves the right to unilaterally change the content of the Training.

8. Intellectual property rights

All documents, advice, books, etc. provided by Mahler TDD Solutions are exclusively intended to be used by the Participant and may not be disclosed or reproduced by the Client and/or the Participant without the prior written consent of Mahler TDD Solutions.

All intellectual property rights relating to training materials, software, supplementary documentation and all other documents, materials and information used and/or provided by Mahler TDD Solutions in connection with the Training are owned by Mahler TDD Solutions and/or its licensor(s).

9. Payments

The following applies to Open Registration Trainings:

After registration of the Participant, Mahler TDD Solutions will send an invoice to the Client that must be paid by the Client within 30 days after the date of the invoice.
If the registration of the participants takes place within four weeks before the start of the Training, the invoice must be paid within one week after the date of the invoice and in each case before the start of the Training.
If payment is not made within the applicable payment term, Mahler TDD Solutions is entitled to charge statutory interest to the Client commencing on the day after the due date of the invoice.

The following applies to In-Company Trainings:

Mahler TDD Solutions will invoice 50% of the price of the Training after the proposal has been accepted by the Client. The remaining 50% will be invoiced after the Training is completed.
The invoice must be paid within 30 days after the date of the invoice.
If payment is not made within the payment term, Mahler TDD Solutions is entitled to charge statutory interest to the Client commencing on the day after the due date of the invoice.

10. Liability

Mahler TDD Solutions is only liable for direct damages and only to the extent that such direct damages are covered by its liability insurance and to the extent that the insurer pays out in such cases.

The limitations of liability included in this article do not apply to damage caused by wilful misconduct (opzet) or gross negligence (bewuste roekeloosheid) on the part of Mahler TDD Solutions.