Version 1.0. Terms and Conditions NRTO Business to Business
d.d. 3 November 2011
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General Terms and Conditions Entrepreneurs and Companies
for
Training and Education
0. Definitions
Education/Training Education, course, training course, distance learning as well
as contact education.
Entrepreneur A company or institute who is a member of the NRTO and
provides educational services.
Client A company, irrespective of its legal form, who makes use of
the educational services supplied by the entrepreneur.
1. General
The entrepreneur who applies these terms and conditions is a member of the Dutch
Council of Training and Education (NRTO). The general terms and conditions apply to
all offers, activities, and contracts for training and education between the
entrepreneur and their legal successor(s) on the one hand, and client(s) and/or their
legal successor(s) on the other.
2. Rules of conduct
All business assignments concerning training and education are carried out with due
regard for the Code of Conduct for Entrepreneurs and Companies of the NRTO. This
Code of Conduct is available on request from the NRTO administrative office.
The client and the entrepreneur are in this way enabled to get a perception of the
case in hand, the extent of the project and its possible results. Should this lead to a
preliminary investigation, the terms and conditions of this preliminary investigation
are agreed on with the entrepreneur.
3. Assignment in conflict with the Code of Conduct
The entrepreneur will refuse an assignment or cease all further implementation, if the
assignment were to come into conflict with the NRTO Code of Conduct for
Entrepreneurs and Companies.
4. Acceptance of the assignment
The entrepreneur only agrees to take on those assignments for which he is qualified.
The employees who are involved in implementing the assignment must be able to
apply their knowledge, experience and personal qualities in an effective manner. Both
Version 1.0. Terms and Conditions NRTO Business to Business
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the clients and the entrepreneur may, in consultation, request employees other than
those initially charged with the implementation of the assignment, as long as quality
and continuity are not impaired.
The entrepreneur must create circumstances that all persons who are expected to
work on the implementation of the assignment are clearly informed of the work
involved.
5. Implementation of the assignment
The assignment is only accepted if complete consensus has been reached between
parties on the content and implementation of the assignment.
Consensus on the content of the assignment is reached when, on the one hand, the
entrepreneur has collected the necessary information in a sufficiently detailed
manner, and when, on the other hand, the client has supplied all the essential
information required for the set-up and implementation of the assignment to the best
of his knowledge.
6. Conditions of implementation
The consensus on the conditions of implementation may contain the following:
– definition of the target group;
– conditions of participation, such as voluntary attendance;
– definition of learning needs;
– training topic(s) to be handled;
– working method;
– materials and/or technical equipment to be used;
– realistic possibilities in view of the expectations of the training
– selection of the trainers, selected by the entrepreneur and the client and the
appointment of a possible project leader;
– role of the trainer(s)
– indication of the length of the training course and the possible use of various
stages
– manner of evaluation of the training course;
– possible debriefing;
– estimated costs;
– expenses of the course material;
– travel and accommodation expenses of the trainer;
– extra expenses of courses taken outside the standard working days;
– expenses of accommodation and food and drinks, etc., and the allocation of tasks
for the organisation of these things;
– charging for setting up the offer;
– payment and cancellation provisions;
– definitions concerning situations of force majeure;
– intellectual property and copyrights;
– desired, or necessary after-sales service.
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The above list is nonexhaustive. Matters which are not listed but are in line with this
subject may of course be arranged by the client and the entrepreneur by mutual
consent.
7. Changes to the assignment
If, during the implementation of the assignment, new facts or situations occur which
(could) impair the original consensus, the client and the entrepreneur will discuss the
matter(s) within reasonable time, in order to modify the agreements to suit the
altered situation.
8. Premature termination of the assignment (force majeure)
The entrepreneur has the right to withdraw from an assignment, if effective
implementation is impeded on the basis of changes which are beyond his control. If
the client decides to terminate the assignment prematurely, the entrepreneur is
entitled to compensation in connection with evident loss of work.
9. Involvement of third parties in the assignment
The entrepreneur may only involve or engage third parties in the assignment by
mutual consultation with the client.
10. Progress report
The entrepreneur will keep the client informed of the progress of his work. In doing
so, he offers insight to the client, on request, of the methods applied in the respective
stages of the training process.
11. Documentation of the assignment
The entrepreneur will keep documentation of all the assignments carried out by him
(in a manner determined by him), in part with a view to the possibility of having to
account for his actions afterwards. The entrepreneur will guard against any misuse of
archival items.
12. Confidentiality
The entrepreneur will handle the information he has received or become aware of
during the training relationship with due care, as is reasonably expected.
In general, information of a confidential nature or information which should be
considered confidential, will only be used if required in the interest of the
implementation of the assignment. Every effort will be made to ensure that the
information, when passed on, cannot be traced back to its source, should this entail
any negative consequences for the source. Details of information, gained in
confidence from employees of the client, will only be passed on to others, if the
supplier of the information has been notified in time of its use and has declared to
having no objection to the information being used.
13. Evaluation of the assignment
The implementation of the assignments with regards to training and education may
be evaluated, on a random basis, by the entrepreneur or by an independent, external
institute. As far as the latter is concerned, the external institute sends an evaluation
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form for the assignment, requesting completion and return of the form to the
institute, or arranges the evaluation by means of a questionnaire by telephone.
14. Fees
The entrepreneur will charge a fee which is in accordance with the services delivered
and the responsibilities he has accepted.
15. Employment of mutual staff
Parties will not employ staff from each other nor negotiate entry into employment
during the course of the assignment, except in mutual consultation.
16. Intellectual property
Modules, models, techniques, instruments, including computer software, which are
used for the implementation of the assignment, are and will remain the intellectual
property of the entrepreneur, unless agreed otherwise. Disclosure is only allowed
after consent obtained from the entrepreneur.
The client is of course entitled to copy material for use in his own organisation, as
long as it fits in with the aim of the assignment. If a preliminary termination of the
assignment occurs, the details as described above apply in the same way.
17. Dispute Settlement Rules
NRTO members must obey the Conduct of Code for Entrepreneurs and Companies.
Compliance with both these General Terms and Conditions and the Code of Conduct is
encouraged by the NRTO by investigating complaints and by taking measures if
breaches are identified. If the client believes that the NRTO member does not comply
with the rules of conduct listed above, the client may then lodge this complaint with
the NRTO Appeals Committee, whereby the dispute settlement rules apply. The client
may address his complaint in writing to the Appeals Committee for the attention of
the administrative office of the NRTO.