General Terms and Conditions

General Terms and Conditions - Academica University of Applied Sciences B.V. 

1. General

 
1.a These general terms and conditions apply to the formation, content, and fulfillment of all offers, sales, deliveries, services, and agreements of or between Academica University of Applied Sciences B.V. to, for the benefit of, or with the client. 

 
1.b General terms and conditions of the client only apply to the relevant agreement if the client expressly and in writing rejects these terms and conditions of Academica in whole or in part. 

 
1.c The (partial) exclusion of the general terms and conditions used by Academica University of Applied Sciences B.V. cannot be inferred from any situation where Academica University of Applied Sciences B.V. does not respond to a client’s statement that they do not accept these terms and conditions and declare their own conditions applicable. 

 
1.d Academica University of Applied Sciences B.V. hereby expressly rejects all terms and conditions of the client, making these terms and conditions unequivocally applicable to any agreements to be concluded. 

 
1.e In these terms and conditions, ‘the client’ refers to the natural or legal person, including their legal successors, who:  

- Assigns any type of task to Academica University of Applied Sciences B.V.;  

- Enters into, wishes to enter into, or considers entering into an agreement with Academica University of Applied Sciences B.V.;  

- Receives an offer or quotation from Academica University of Applied Sciences B.V.;  

- Receives any kind of performance from Academica University of Applied Sciences B.V. 

 
1.f The failure by Academica University of Applied Sciences B.V. to demand strict compliance with these general terms and conditions does not imply they are no longer applicable. Academica reserves the right to demand strict compliance at any time. If any provision is deemed inapplicable for any reason, the rest of the terms remain fully valid. 

 
1.g These general terms and conditions provide little to no information about examination and similar rules. For this, please refer to the examination regulations of Academica University of Applied Sciences B.V., available in the online environment accessible to all clients. 

2. Offers, Proposals, etc.
   

2.a All offers, proposals, quotations, and communications from Academica University of Applied Sciences B.V., in any form, are based on information provided by the client in the broadest sense. 

 
2.b An offer, proposal, quotation, or communication is only binding if it is made in writing directly by Academica University of Applied Sciences B.V. to the client and remains valid for 14 days from the date sent, unless otherwise stated. After this period, the offer expires and can no longer be accepted. Any payment made after the 14-day period does not revive the rights. 

2.c Academica University of Applied Sciences B.V. reserves the right to refuse assignments, services, orders, etc., without giving reasons, or to require advance payment. 

2.d The sending of documentation, information, or price estimates by Academica University of Applied Sciences B.V. does not constitute an offer and cannot be the basis of an agreement. 

2.e Enrolling in a complete course or program is generally more economical than taking separate modules. Therefore, prices quoted for a complete course/program are only valid if the entire course/program is followed and completed. 

3. Formation of Agreements, Acceptance of Assignments, and Execution

3.a Assignments are accepted and agreements are formed once Academica confirms them in writing or via email, or begins execution. An agreement also comes into effect when the client returns a signed quotation. The confirmation is deemed accurate unless the client objects in writing within 5 working days. 

3.b Enrollment forms submitted online for individual training, seminars, or similar activities are treated as confirmations, creating an agreement. A digital study agreement will then be issued. 

3.c For services where no confirmation is sent due to urgency or nature, the invoice also serves as confirmation and is deemed accurate. 

3.d Academica University of Applied Sciences B.V. may involve third parties in executing the assignment. 

3.e Academica will execute assignments to the best of its ability without guaranteeing a specific result unless explicitly agreed otherwise in writing. 

3.f Services will be carried out as per the agreed terms outlined in the study agreement, confirmation, proposal, or course guide. 

3.g If proper execution requires additional work not listed in the original offer, such work will be deemed part of the assignment and billed accordingly. Prior written client approval is required. 

3.h Academica reserves the right to cancel a program if there are insufficient enrollments, in which case clients may be moved to the next start date at no extra cost or receive a refund. 

3.i Academica is entitled to check the creditworthiness of a client applying for education and may terminate the agreement if results are negative. 

4. Changes to the Assignment

4.a The client accepts that the timeline of the assignment may be affected if the parties agree to modify the approach, method, or scope during the execution. 

4.b Additional or modified instructions during execution are only valid with the consent of Academica. 

4.c If the client initiates mid-course changes, Academica will make necessary adjustments if service quality requires it. These adjustments qualify as additional work and will be confirmed in writing. 

4.d Essential changes during execution will be discussed with the client, including any impact on the budget. 

4.e Academica may replace personnel (e.g. teachers, advisors) for availability or quality reasons. The client will be informed. 

4.f Academica may change the assignment location without client approval if necessary. Extra costs are borne by the client. 

4.g Extension of a study agreement may incur additional costs for items like extra lessons or teacher hours. This qualifies as additional work. 

5. Liability and Execution Rules

5.a Academica offers online e-learning. If these are temporarily unavailable due to external factors (e.g. internet issues, political restrictions), Academica is not liable for resulting consequences. Only if permanent unavailability occurs will a suitable solution be offered. 

5.b Article 5.a also applies to any courses/modules requiring online access. 

5.c As already stated under Article 4.e, Academica University of Applied Sciences B.V. is entitled to replace components within a program/module/course with a comparable component, including the instructors. In such cases, the client will be informed accordingly. Such a replacement does not constitute a valid reason for the client to terminate the agreement with Academica University of Applied Sciences B.V. 

5.d Academica may change the agreed location costs if the actual costs are higher. 

5.e Academica is not liable for:  

- Theft, loss, or damage of personal belongings on premises or during academic trips;  

- Missed income, missed turnover, immaterial damages, or any consequential damages. 

5.f The client indemnifies Academica from third-party claims (including co-participants) related to client’s actions or omissions. 

5.g Complaints about Academica’s performance or behavior must be submitted in writing within one year, or the right lapses. 

5.h If the client is not a Dutch national or the course includes foreign travel, the client is responsible for required documents (e.g. passport, visa, insurance). 

5.i Academica’s liability for damages is limited to the contract value or insurance coverage. 

6. Force Majeure

6.a Academica University of Applied Sciences B.V. is not obliged to fulfill any obligation under the agreement if and for as long as it is hindered from doing so by a circumstance that cannot be attributed to it pursuant to the law, a legal act, or generally accepted standards in society. Force majeure refers to any circumstance beyond the control of Academica University of Applied Sciences B.V. that prevents the normal execution of the agreement. This includes, but is not limited to: strikes, traffic, transport or business disruptions, civil unrest, acts of war, extreme weather conditions, and all other situations that, by law, constitute force majeure. 

6.b Academica may invoke force majeure even after performance was due. 

6.c If force majeure permanently prevents performance, both parties may terminate the agreement immediately.  

6.d If, at the onset of the force majeure situation, Academica University of Applied Sciences B.V. has already partially fulfilled its obligations, or is only able to partially fulfill its obligations, it shall—unless the part already performed or to be performed has no independent value—be entitled to invoice the executed or executable part of the agreement separately, as if it concerned an independent agreement. 

6.e Damages resulting from force majeure are never eligible for compensation. 

7. Suspension of Work

7.a The client is entitled to suspend the assignment in whole or in part. In that case, invoices already sent by Academica University of Applied Sciences B.V. must still be paid. In addition, the costs incurred and damages suffered by Academica University of Applied Sciences B.V. as a result must be compensated immediately—without any further notice of default. 

7.b If the suspension lasts longer than 14 days, Academica University of Applied Sciences B.V. may demand immediate settlement for the work already performed, notwithstanding  

any agreed payment terms to the contrary. 

7.c If the suspension of work lasts longer than 28 days, Academica University of Applied Sciences B.V. is entitled to terminate the assignment in its incomplete state, with the client being obliged to pay for the work already completed and compensate for all resulting additional costs and damages. 

8. Dissolution of a Distance Agreement

8.a A client who is a consumer under the Dutch Law and has entered into the agreement remotely has the right to dissolve/cancel the assignment in writing, free of charge and without stating reasons, within 14 calendar days after the assignment has been concluded. 

8.b If the client dissolves the agreement in accordance with Article 8.a of these general terms and conditions, the client must return any received educational materials to Academica as soon as possible via the designated return address. Return shipment is free of charge. Academica will refund all payments received from the client as soon as possible, but no later than 14 days after dissolution. 

8.c If the 14-day dissolution period falls after the start of the assignment, the client owes Academica University of Applied Sciences B.V. a proportionate compensation for the education already received. 

9. Termination of the Agreement

9.a The client may terminate the agreement at any time. However, costs will apply after the period referred to in Article 8. 

9.b In the case of written cancellation within 14 days after the agreement has been made and before the start of the assignment, Academica University of Applied Sciences B.V. is entitled to charge €400 in administrative fees. Additionally, during this period, Academica may charge a cancellation fee based on lost revenue as follows: 

- Cancellation up to two months before the start: 5% of the total value; 

- Between two months and one month before the start: 10% of the total value; 

- Between one month and two weeks before the start: 15% of the total value; 

- Less than two weeks before the start: 20% of the total value. 

9.c The right to cancel free of charge within 14 days does not apply to business clients once they have attended the first day of the course and/or logged in or accessed the MyAcademica online learning environment. 

9.d If the assignment has already started, the costs in case of cancellation depend on the situation. Common options but not limited: 

Assignments where (learning) materials are made available from the start (e.g., e-learning): 
This is often the case, but in any event applies to e-learning. If such assignments have commenced, the client shall at all times be liable for payment of the full amount of the total assignment to Academica University of Applied Sciences B.V. In such cases, all knowledge and expertise is transferred to the client in one go. At that point, Academica University of Applied Sciences B.V. has fulfilled its obligations. Furthermore, it is no longer possible for Academica University of Applied Sciences B.V. to verify whether the client has, for example, already copied all materials. 

Assignments involving a full education program (e.g., Master/MBA): 
A program is often structured in modules and/or courses. If a program has commenced and the client discontinues participation before its completion, the client shall in all cases be liable to pay for the modules/courses that have already started. The client should take into account that, since the full program was not completed, they will owe Academica University of Applied Sciences B.V. the individual module/course prices rather than a pro rata portion of the promotional price for the complete program. 

In addition, the client shall owe Academica University of Applied Sciences B.V. compensation for work already performed in relation to the modules and/or courses not attended, as well as the associated lost profits. This compensation shall in any case be estimated at 15% of the individual value of the modules and/or courses that were ordered but not attended. Academica University of Applied Sciences B.V. reserves the right to claim additional damages. 

9.e In case of absence, the client may send a substitute, subject to approval by Academica and, if applicable, subject to admission requirements. This is not possible for e-learning if access has already been granted, since e-learning access is per individual. 

9.f Academica University of Applied Sciences B.V. reserves the right to cancel any assignment at any time for its own reasons. In such a case, payments already made by the client will be refunded proportionately. Refunds will be processed within 14 days. Instead of a refund, the client may choose to attend the next edition of the canceled course or masterclass at the agreed price. 

10. Prices

10.a All prices and fees quoted by Academica are in euros and exclusive of VAT, unless otherwise stated. Additional international charges are fully borne by the client. 

10.b Third-party costs related to the assignment, explicitly listed in the quote or contract, must be paid directly by the client to the third party. If paid via Academica, a deposit may be required. 

10.c Academica is entitled to adjust prices if the client changes the original specifications. The client is bound to such changes and cannot dissolve the agreement for this reason. 

10.d Objections to invoices must be submitted in writing within 14 days of the invoice date. After that, objections are no longer valid. 

10.e All prices and rates are exclusive of value-added tax (if applicable due to knowledge transfer), other taxes, duties imposed or levied in connection with the delivery or performance, and other governmental charges, as well as any costs incurred under the agreement, including but not limited to travel and accommodation expenses, venue costs, shipping, and administrative fees, unless explicitly agreed otherwise in writing. These taxes, costs, and duties will be charged to the client. In the event of an increase in (tax) rates, Academica University of Applied Sciences B.V. is entitled to pass on such increases to the client. 

10.f The client will receive an invoice directly after registration or quote acceptance. Each invoice must be paid within 14 days.  

10.g The invoice referred to in Article 10.f constitutes a quotation applicable when the total amount is paid in full to Academica University of Applied Sciences B.V. prior to the commencement of the assignment. If the client wishes to pay the invoice in installments, this is only possible if prior written approval has been obtained from Academica University of Applied Sciences B.V. before enrollment or acceptance of the offer. 

For payment in installments, a higher total assignment price will be charged compared to payment in full prior to the start of the assignment. Installments must in all cases be at least equal to the price of one module or a proportional part thereof and must always be paid prior to the start of the respective module. 

10.h In the event of a periodically agreed payment obligation by the Client, Academica University of Applied Sciences B.V. shall be entitled to increase the prices and rates annually based on the service price index as determined and published by the Dutch Central Bureau of Statistics (CBS). The base year for the service price index is 2020 (2020=100). 

In addition, Academica University of Applied Sciences B.V. shall be entitled to adjust the applicable prices and rates annually (either simultaneously with the annual increase or separately). If the Client does not agree with a non-periodically agreed (interim) price adjustment, or if a price adjustment in the context of a periodic payment obligation results in a higher price/rate than what would follow from an adjustment based solely on the service price index, the Client shall have the right to terminate the agreement in writing within thirty (30) days after becoming aware or reasonably should have become aware of the price adjustment or the General Terms and Conditions. Termination shall take effect on the date the adjustment would become effective. 

Academica University of Applied Sciences B.V. shall under no circumstances be obliged to pay any form of compensation. 

10.i If an invoice issued by Academica University of Applied Sciences B.V. is not paid within the specified payment term of 14 days, the client shall be in default without any further notice of default being required. The client will subsequently receive a reminder including a notice of the statutory collection costs to be charged. 

The statutory collection costs that Academica University of Applied Sciences B.V. is entitled to charge amount to 15% of the invoice value concerned. In addition, statutory interest will start to accrue from the due date of the invoice. Academica University of Applied Sciences B.V. also reserves the right to claim additional damages. 

11. Intellectual Property Rights

11.a All provided materials and knowledge remain the property of Academica University of Applied Sciences B.V., and all intellectual property rights remain vested in Academica. 

11.b In case of violation, the client owes Academica a directly payable fine of €100,000. 

12. Applicable Law and Final Provisions

12.a Dutch law, including mandatory EU legislation, applies to all quotes, agreements, assignments, and offers. 

12.b If any provision of these general terms and conditions is found to be null and void or voidable, this shall not affect the validity of the remaining provisions. In place of the void or invalid provision, the provision that most closely reflects the intent of the parties and that is legally permissible shall be deemed to have been agreed upon, as if the parties had been aware of the nullity or voidability at the time of conclusion. 

12.c All disputes must be submitted to the competent court of the district Amsterdam (Rechtbank Amsterdam), unless mandatory law dictates otherwise or Academica designates another competent court. 

12.d Any dispute or legal claim must be initiated within one year of its emergence and Academica being made aware of it, without prejudice to earlier expiry or statutory limitation.