1.1 The underlying MIXTREE LANGUAGES General Terms and Conditions (“Terms”) apply to all Agreements between MIXTREE LANGUAGES, having its registered seat at Eerste Weteringplantsoen 2c, 1017 SJ Amsterdam (“MIXTREE LANGUAGES”) and any (legal) person (“Student”) purchasing course(s), training, classes, or similar services (“Courses”) for its own or its employee’s behalf.
2. TERM OF AGREEMENT
2.1 The Agreement starts of the date that the Student wishing to participate in a Course: (i) signs and submits a completed enrolment from to MIXTREE LANGUAGES; and (ii) is at least 18 years of age on the date of submission of aforementioned enrolment form; and (iii) the Student meets the entry level requirements as stated in section3.1 below; and; (iv) The Student has paid the Course Fees. The enrolment forms, together with these Terms, are hereinafter to be referred to as “Agreement”.
3.1 Courses provided by MIXTREE LANGUAGES are divided in proficiency levels which may require a Student to have reached an entry level before being admitted to such Course. Admittance to the Course (other than starting level) the Student has enrolled to, is conditional upon the Student passing the intake test based upon said entry level requirements to be assessed per MIXTREE LANGUAGES’s discretion.
3.2 In principal, Courses take place at Eerste Weteringplantsoen 2c, 1017 SJ Amsterdam, if there are no classrooms available at this location, MIXTREE LANGUAGES reserves the right to relocate its Courses to another facility within the city of Amsterdam.
3.3 Students may request to be transferred to a different proficiency level during the term of the Course the Student has enrolled to. MIXTREE LANGUAGES shall honour such request in case all of the following apply: (i) The second lesson of the current Course has not taken place yet; and; (ii) the Student has not requested for a transfer previously; and (iii) there’s capacity to fit the Student in the class for the proficiency level the Student has requested; and (iv) the Student has reached the entry level of the requested proficiency level. If a second transfer is requested a €50,- administration fee will be charged to the Student. Transfers later than the start of the second lesson are considered upon request. If such later transfer request is honoured by MIXTREE LANGUAGES, a minimum additional fee of €100 is charged to change to another (future) Course.
3.4 Students may request to be transferred to a later session during the term of the Course the Student has enrolled to for reasons within the student’s control, as opposed to reasons beyond the student’s control as stated in 5.3. These reasons can include but are not limited to: work schedule, travel, vacation, personal reasons. Before the start of the course this request will be granted free of charge. If this request is made after the first but before third lesson there is an additional fee of €100. If this request is made after the third but before the sixth lesson there is an additional fee of €120. After the sixth lesson there can be no transfer to a later session.
3.5 The Student’s inability to attend a class (or entire Course) is at risk of the Student and MIXTREE LANGUAGES shall have no obligation to refund any (part of) Course Fees.
3.6 Classes may take place on public holidays. All Course dates are communicated online prior to the Student enrolment and therefore the Students assumes responsibility for the selection of the Course including its Course dates.
4. PRICES AND PAYMENT CONDITIONS
4.1 Save for typographical mistakes (normal prices vary between € 300 and € 1.000), the prices listed on MIXTREE LANGUAGES’s website are the prices for said Courses (“Course Fee”). All prices stated on the website are in EURO and are inclusive of VAT.
4.2 All fees due to MIXTREE LANGUAGES, for Courses to be attended by the Student, must be paid prior to the start date, but no later than 30 days from the date of submission of the enrolment form, either in cash at MIXTREE LANGUAGES’s registered office or by wire transfer to MIXTREE LANGUAGES’s bank account NL78 ABNA 0409 4668 08 (to STICHTING MIXTREE).
4.3 The course fee can be paid in cash or transferred to the MIXTREE LANGUAGES bank account.
4.4 MIXTREE LANGUAGES shall provide invoices to Students representing a legal entity, any Student enrolling on a personal title shall receive a payment receipt upon confirmed payment as stated under 4.2.
5.1 The Student may cancel the Agreement with immediate effect up to fourteen (14) days from the date of submission of the enrolment form for convenience by submitting written (post or e-mail) notice to MIXTREE LANGUAGES of such termination. However, aforementioned termination right shall expire upon the moment the Student attends its first class under the Course.
5.2 The student may cancel the course up to 3 workdays before the start of the course and receive a full refund.
5.3 Notwithstanding the Student’s right under section 5.1 and 5.2 above, the Student may request cancellation of its subscription to a Course by submitting such request in writing (by post or e-mail) to MIXTREE LANGUAGES.
5.4 In the event of circumstances beyond the Student’s reasonable control (such as illness which permanently inhibits a student from participating in the Course, an accident or death) the Course Fee will be reimbursed, upon receipt of a written request for cancellation and the Student has provided valid evidence of such occurrence, on a pro rata basis and after payment of a €50 administration fee to cover the cost of cancellation incurred by MIXTREE LANGUAGES.
5.5 MIXTREE LANGUAGES reserves the right to cancel any scheduled Course up to 24 hours prior to the scheduled start of such Course in case the number of enrolled Students for such course falls below the threshold for such Course. In such case MIXTREE LANGUAGES shall give the Student the opportunity to select either a refund or or to enrol in another Course. MIXTREE LANGUAGES maintains the following thresholds: (i) Semi-intensive courses start with a minimum of five students; and (ii) intensive week courses start with a minimum of six students.
5.6 Save for MIXTREE LANGUAGES’s aforementioned right to cancellation, MIXTREE LANGUAGES may postpone the Course up to 24 hours prior to the scheduled start of the Course. In this case the Student will be given the opportunity to enrol in a different course or receive a full refund of the Course Fee. The refund will only be paid out after the enrolment period has ended, being one week after the scheduled start date of the Course.
5.6 Refunds are wire transferred from the MIXTREE LANGUAGES bank account within 5 workdays of receipt of communication and/ or proof concerning section 5.
6. COMMUNICATION AND SERVICE LEVEL
6.1 All notices, under the agreement, to MIXTREE LANGUAGES are to be made either by post addressed to MIXTREE LANGUAGES at Eerste Weteringplantsoen 2c, 1017 SJ Amsterdam or via e-mails to firstname.lastname@example.org.
6.2 MIXTREE LANGUAGES shall respond to all communication received either by post, e-mail or phone which requires response within 5 workdays from receipt of such communication.
6.3 MIXTREE LANGUAGES shall only use the Students personal information solely for the following purposes: (i) to carry out its obligations under the agreement (ii) commercial offerings from MIXTREE LANGUAGES (not from any other third party) and (iii) any other communications from MIXTREE LANGUAGES relevant for the Student.
6.4 Upon the Students written request, MIXTREE LANGUAGES shall cease to send the Student any other communication than strictly necessary to carry out its obligations under the agreement.
7.1 MIXTREE LANGUAGES reserves the right to dismiss any Student displaying unacceptable, including without limitation, discriminating, racist, sexual, aggressive or other inappropriate behaviour to the reasonable opinion of MIXTREE LANGUAGES, at any time, without the Student being entitled to any form of refund, compensation or damages.
8. LIMITATION OF LIABILITY
8.1 MIXTREE LANGUAGES shall not be liable under any agreement for any indirect, special, incidental, punitive or consequential damages, or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory). Further, MIXTREE LANGUAGES shall not be liable, in any way, for theft, damage or loss of the Student’s personal effects.
8.2 The Student assumes all responsibility for the selection of the Course necessary to achieve the Student’s intended results, and for the use and results of the Course. MIXTREE LANGUAGES makes no warranty for any Course to be fir for any intended purpose.
8.3 MIXTREE LANGUAGES’s total liability for any direct loss, cost, claim or damages of any kind related to the agreement shall not exceed the amount of the Course Fees paid or payable by the Student to MIXTREE LANGUAGES under such agreement during the 12 months prior to the event giving rise to such loss, cost, claim or damages. However, nothing in Section 8.3 shall have the effect of limiting a MIXTREE LANGUAGES’s liability for personal injury or death caused by the negligence of MIXTREE LANGUAGES and fraud.
9. IMAGE USE
9.1 MIXTREE LANGUAGES may take photos and videos of the Students for inclusion in promotional material (brochures, websites, catalogues, etc.) unless the Student has explicitly communicated an objection to this upon enrolment.
9.2 MIXTREE LANGUAGES, or its licensors own all intellectual property in any work published either on its website, hardcopy hand-outs and digital works shown or provided to the Students. The Students shall not be allowed, without the prior written consent of MIXTREE LANGUAGES to copy, distribute, or use the materials in any other way as strictly necessary for successful completion of the Course.
10.1 These Terms together with the enrolment form represents the entire agreement between the parties and supersedes any prior or current understandings, whether written or oral. If there is a conflict between these Terms and the enrolment form, the enrolment form will prevail.
10.2 The Agreement will be governed by the laws of The Netherlands. The parties consent to the jurisdiction by the courts of Amsterdam for any claim relating to this Agreement. Notwithstanding the parties’ right to submit a claim to the courts of Amsterdam, the Student shall omit to try to resolve any dispute under the Agreement by submitting a formal complaint in accordance with MIXTREE LANGUAGES’s formal complaint procedure which shall be provided to the Student upon the Student’s earliest request.