China Online Academy: the Website jointly operated by Splendid China, ChinaTalk and iibboo, as well as its legal successors under general or special title.
Client: any natural or legal person on behalf of whom China Online Academy provides services and/or performs work or with whom China Online Academy enters into an Agreement.
Agreement: every agreement for the provision of Services that is concluded between China Online Academy and the Client, any amendment or addition thereto, as well as all (legal) acts in preparation for and for the implementation of that agreement.
Services: All work, in whatever form and by whatever name (services, contracting work, etc.) that China Online Academy performs for or on behalf of the Client, including but not limited to knowledge transfer in the form of online courses.
Student: the natural person who purchases a Service on behalf of the Client.
Trainer: the natural persons who provide the Services on behalf of China Online Academy.
E-learning: all courses that the Student follows individually on the China Online Academy platform on the basis of pre-produced materials (video, documents, etc.), without the direct intervention of a trainer.
In-Company training courses: all courses, both online and offline, that are taken by the Client for a private event where the Client has control over the students and the Trainer carries out the course in person.
Classrooms: all group courses, both online and offline, in which the Student participates but the Client has no control over the other attendees and the Trainer carries out the course in person.
One-to-One Services: services that form part of an Agreement and are provided to one individual Student, including but not limited to an individual coaching conversation as part of an e-learning or after a Classroom training or individual training for one student.
- These general terms and conditions apply to all agreements between China Online Academy and the Client (or their legal successors, respectively) that have been concluded via the China Online Academy website.
- Deviation from these terms and conditions is only possible if agreed in writing.
- An Agreement is concluded when the Client has accepted a service offered by China Online Academy by ordering it on the China Online Academy website.
- Additional work at the request of the Client, which is not part of the Agreement, will be charged separately to the Client by China Online Academy. Additional work is understood to mean: all services that China Online Academy performs for the Client outside the scope of the Agreement.
3. Prices and payment
- All prices are exclusive of VAT and (if applicable) including travel costs of the Trainer within the Netherlands, unless stated otherwise.
- Payment is made via Ideal or credit card on the Website or billing by China Online Academy.
- Payment by invoice must be made within 14 days of the invoice date and at the latest on the day preceding the agreed date for the provision of the Service.
- If the Client does not pay or does not pay on time, the Client is in default by operation of law without further notice of default being required and China Online Academy is authorized to suspend fulfillment of its obligations under the Agreement or to dissolve the Agreement, without prejudice to the right of China Online Academy for compensation of the damage, collection and cancellation costs. These costs include all judicial and extrajudicial costs. The extrajudicial costs are set at a minimum of 15% of the amount to be claimed, with a minimum of €200.
4. Execution Agreement for In-Company services
- In an Agreement for the provision of an In-Company Training, agreements are made about the place and date (or dates) where and when the In-Company Training will take place, the subject of the In-Company Training, as well as the (minimum and) maximum number of participants.
- If the service is provided at a location provided by the Client, the Client will ensure that the location where China Online Academy’s services are performed is suitable for that purpose in all respects. The Client is liable for any damage suffered by the China Online Academy as a result of the unsuitability of the location.
- The number of persons stated in the Agreement who are present as participant/visitors during the provision of the service is binding. If this number is exceeded by more than 50%, China Online Academy has the right either to refuse the provision of the service in front of more persons than agreed, or to attach further conditions to the provision of the service.
5. Execution Agreement for Classroom Services
- Classrooms have a minimum number of participants which is stated in the description of the Service. If this minimum number of registrations is not met, China Online Academy reserves the right to unilaterally cancel the Service. China Online Academy will propose a new date for the performance of the service to the Client. If the Client does not accept the new date, China Online Academy will refund the amount paid for the Service.
- China Online Academy is not obliged to compensate the Client for damage that the Client will suffer as a result of cancellation or relocation of a Classroom.
6. Execution One-to-one Services
- One-to-one Services that are part of a Service must be requested by the Client within 3 months after ordering the Service on the Website.
- No refunds will be given for payments for One-to-One Services not requested within this term.
- Separate times for One-to-One Services can only be moved by the Student if the request for this is received in writing at least 72 hours before the appointment at firstname.lastname@example.org (statement of the name of the training and the order number).
- Requests to move One-to-One Services within 72 hours will be considered a cancellation. No refund of payments will be made for that One-to-One Service.
7. Cancellation policy
- E-learnings are made available on the Website immediately after payment. No refunds can therefore be given on payments for e-learning.
- The following applies to all other Services: the Client may terminate the agreement in whole or in part before or at the latest on the agreed date of performance, in which case it will owe the following cancellation costs:
- Up to 15 calendar days before or on the first day of performance of the agreement: 100% of the agreed fee;
- 16 to 30 calendar days before the first date of performance of the agreement: 75% of the agreed fee;
- 31 calendar days or longer before the first date of performance of the agreement: 50% of the agreed fee.
- In addition to the above cancellation costs, China Online Academy is entitled to charge all costs incurred up to that point in the event of cancellation by the Client.
- Relocation of In-Company Training at the request of the Client will be treated as cancellation of the original Agreement and conclusion of a new agreement. Cancellation charges may therefore apply.
- The Client is entitled to have Students who are unable to participate in a Classroom replaced.
- In the event of a ‘no-show’ by the Student in a Classroom or One-on-One Service, the Client is not entitled to a refund or replacement lesson.
- Termination of the Agreement, cancellations and replacements must be made in writing by sending an e-mail to email@example.com , stating the name of the training and the order number.
8. Inhibition of the trainer at Classrooms and In-Company Trainings
- If the Trainer is unable to show up due to illness, an emergency, an important obligation or professional responsibility or other unforeseen circumstances or impossibility, China Online Academy will:
- move the provision of the service to another date in consultation with the Client;
- if possible: arrange for a replacement person in consultation with the Client; or
- if China Online Academy and the Client do not reach an agreement, terminate the agreement with a refund of any amounts paid.
- If the Trainer arrives late at the event and still gives the lecture, no refund will be given.
- ChinaTalk is not obliged to compensate the Client for damage that the Client will suffer as a result of being unable to attend or the Trainer not being present or not being present on time.
9. Other provisions In-Company training courses
- All assignments for In-Company training courses can be mentioned with the name of the Client and the name of the Trainer on the China Online Academy, the China Online Academy newsletter and social media (Twitter, LinkedIn), unless the Client explicitly indicates not to want this. The Client’s logo can be added on the References page of the China Online Academy website, unless the Client explicitly states that it does not want this.
- China Online Academy can provide additional material (photos, press kit) upon request (if available) for the promotion of the event. The conditions under which will be agreed separately.
- Recordings (sound and/or film) of the Trainer’s contribution may only be made in consultation with China Online Academy.
- The name and photos of the Trainer may not be used for promotional purposes other than the event itself (for example to promote a product or service).
10. Intellectual property
- Unless explicitly agreed otherwise in writing, China Online Academy retains the intellectual property rights over all materials provided in the Service.
- Documents that form part of the Service (in PDF, Word or any other form) may only be downloaded from the Website and printed for the personal use of the Student. Video files may not be downloaded or duplicated unless expressly agreed otherwise.
- You may not distribute, exploit, disclose and/or reproduce materials that form part of the Service without the prior written consent of China Online Academy.
- The Student is not allowed to share details of user accounts (user name, password, etc) with others.
11. Termination agreement
- China Online Academy is entitled to terminate the Agreement with immediate effect if the Client:
- falls short in their obligations.
- files for bankruptcy or is declared bankrupt
- applies for a suspension of payments or is granted a suspension of payments
- sells or liquidates his company.
- China Online Academy reserves the right to refuse the provision of a Service to the Client and to refund the amounts paid for that Service if China Online Academy believes that the provision of the service may harm China Online Academy (e.g. if the Client or Student is a direct competitor).
- The Client must notify China Online Academy of defects in compliance with the agreement within a reasonable period of time after discovery by e-mail to firstname.lastname@example.org (statement of the name of the training and the order number), but in any case within 5 days after the scheduled date on which the relevant service would be provided.
- Making a complaint does not release the client from his payment obligation.
- China Online Academy does not accept any liability towards third parties for damage of any kind, regardless of the cause, except for damage that is due to intent or gross negligence on the part of China Online Academy. The Client indemnifies China Online Academy against claims from third parties in connection with the execution of the agreement.
- Any liability of China Online Academy is limited to the agreed amount.
- No rights can be derived from the content of the materials that form part of a Service (documents, videos, etc.).
- Dutch law applies to all agreements.
- All disputes arising from the agreements concluded between the parties, including the single collection of the amount owed, will be submitted exclusively to the court in Den Bosch, The Netherlands.