Terms and Conditions
I. General Provisions
Article 1 - Definitions.
In these general terms and conditions, the following definitions shall apply:
Customer: the person who has entered into an agreement with The Innovative Lawyer for participation in a course (including the participation of one of the customer's employees/colleagues) or for the purchase of an in-company course or customized assignment.
Student: the person who participates in a course offered by The Innovative Lawyer.
Course: a course provided by The Innovative Lawyer, which shall include a conference, seminar, workshop, study evening or afternoon, master class or case law meeting.
Incompany courses: all training products organized by The Innovative Lawyer exclusively for one or more clients.
Customized: any training product specifically developed and/or implemented by The Innovative Lawyer on behalf of one or more clients.
Customized assignment: the assignment to The Innovative Lawyer to develop and/or conduct a course specifically for the recipient of the customized assignment.
Online course: an online course is (1) a course that can be followed at any time by a student through our online environment. Upon registration, the course receives login information immediately or (2) a live webinar.
Client: the person who commissions The Innovative Lawyer to develop and/or conduct customized or in-company courses.
Open Enrollment: all courses of The Innovative Lawyer that can be participated in by open enrollment through the website, not being custom orders and/or in-company courses.
Training: a training course consists of a series of several meetings.
Training products: collective name for all of The Innovative Lawyer's open enrollment and customized assignments.
Written: this includes by e-mail.
Article 2 - Applicability.
These general terms and conditions apply to all agreements concluded between The Innovative Lawyer and clients and trainees.
Additional and/or deviating terms and conditions of the Purchaser shall not bind The Innovative Lawyer, unless expressly and unmistakably authorized by The Innovative Lawyer and furthermore recorded in writing.
Any agreement concluded shall be governed by the then most recent version of the General Terms and Conditions.
The general provisions of Section I shall apply in addition to the provisions of the Special Sections (Section II onwards), with the provisions of the Special Sections prevailing if and to the extent (also) applicable.
Article 3 - Offer and formation of the agreement
The agreement is established by written consent of The Innovative Lawyer, registration with or assignment to The Innovative Lawyer and acceptance of such registration or assignment by The Innovative Lawyer.
Article 4 - Prices
The Customer shall pay the price applicable at the time of entering into the agreement. Prices of courses can be found on The Innovative Lawyer's website.
The prices listed on the website always exclude 21% VAT.
The Innovative Lawyer reserves the right to change its prices.
Article 5 - Invoicing and payment
The Innovative Lawyer invoices the customer after the agreement has been concluded.
Payment by the buyer must be made within the payment term as stated on the invoice and prior to the training product for which an agreement has been made.
In case of late payment the customer shall also be in default without notice of default. In addition to statutory interest, the purchaser shall in that case also owe the extrajudicial costs, without prejudice to The Innovative Lawyer's right to charge the costs actually incurred by it.
In the event of non-payment or untimely payment, The Innovative Lawyer shall be entitled to dissolve the agreement out of court and to recover any damages resulting from such dissolution from the customer.
Article 6 - Force majeure
Force majeure means any failure in the performance of the agreement that cannot be attributed to the parties because it is not due to the fault of the parties, nor is it for the account of the parties by virtue of the law, legal act or generally accepted practice.
In the event of force majeure, The Innovative Lawyer shall not owe any compensation for possible damages to the customer and/or course participant, without prejudice to the provisions of article 6:78 of the Dutch Civil Code.
Article 7 - Intellectual property rights
All intellectual property rights - including but not limited to copyright and trademark rights - relating to the training products developed by The Innovative Lawyer shall belong exclusively to The Innovative Lawyer.
The customer or course participant is not permitted to reproduce, disclose or modify any material made available in the context of a developed training product without the permission of The Innovative Lawyer.
Based on the course provided by The Innovative Lawyer, the customer or course participant is not allowed to develop or provide a similar training or have a similar training provided by themselves or in cooperation with third parties without the prior written consent of The Innovative Lawyer.
Article 8 - Personal data.
The Innovative Lawyer uses the personal data it receives from customers and trainees to inform them of training products that are consistent with courses previously taken.
Purchasers and trainees shall comply with all obligations under privacy laws with respect to third-party personal data received by them from The Innovative Lawyer.
Article 9 - Liability
The Innovative Lawyer always takes the utmost care with respect to all its training products. However, in case of incorrect, incomplete information or other deficiencies, The Innovative Lawyer shall only be liable for direct damages. The amount of such damages shall not exceed the price paid by the customer.
Unless there is intent or gross negligence, The Innovative Lawyer is not liable for indirect damages such as consequential damages, lost profits or missed savings.
In the event of a defect on the part of The Innovative Lawyer, the customer shall not be entitled to suspend and/or set off his or her payment obligation.
If there is an attributable shortcoming, the customer must notify The Innovative Lawyer of this in writing as soon as possible.
Article 10 - Applicable law and disputes.
The agreement between The Innovative Lawyer and customer is exclusively governed by Dutch law.
Any disputes shall be submitted exclusively to the District Court of The Hague, unless otherwise required by law.
II. Open enrollments
Article 1 - Cancellation
The Innovative Lawyer may cancel or merge a course in the event of insufficient enrollment.
The Innovative Lawyer may cancel a course or merge course groups in the event of special unforeseen circumstances, such as the failure of one or more instructors or the unforeseen unavailability of a reserved course location.
Article 2 - Cancellation by course participant
The course participant or customer is authorized to cancel a registration for a (regular) course in writing up to 1 month prior to the course date. In that case he / she shall owe an administration fee of € 45.00 excl. VAT and the course fee shall be returned by The Innovative Lawyer minus these administration fees.
For cancellations within 1 month prior to the course date, the full course fee is due.
If it appears that course participant is unable to attend the course, he or she may have a substitute participate in the course, provided he or she fits into the target group of the course. The possibility of substitution may be excluded by The Innovative Lawyer.
In the event that a student or his/her substitute did not attend the course, The Innovative Lawyer will send any course materials distributed during the course to the student or his/her substitute upon request for reimbursement of the costs incurred by The Innovative Lawyer for this purpose.
It is not permitted to cancel online courses.
Participation in a course may be cancelled in writing up to 2 months prior to the start of the course (the first meeting of the course). In that case the course participant shall owe an administration fee of € 100,00 excl. VAT and the course fee will be returned by The Innovative Lawyer after deduction of these administration fees.
In case of cancellation within 2 months prior to the start of the course, the full course fee is due.
A substitute is permitted to attend training.
Article 3 - Reflection period
Are you a consumer (you are taking a course or training as a private person)? Then you have a reflection period of 14 days after registration. This means that you can cancel free of charge within that period. You will then not be subject to the EUR 45 cancellation fee.
Article 4 - Course program
The course schedule is published in writing, including on The Innovative Lawyer's website. The Innovative Lawyer reserves the right to make changes to the course schedule.
The Innovative Lawyer reserves the right to change the time, location and venue of the course and replace announced instructors.
If circumstances warrant, The Innovative Lawyer has the right to change the way the course is taught. That is, for example, a decision may be made to convert a physical course to a digitally held course, a hybrid course or a fully online course.
III. Customized and in-company courses
Article 1 - Prices
The rates, costs and payment arrangements and other agreements relating to custom assignments shall always be set forth in advance in writing between The Innovative Lawyer and client.
Article 2 - Cancellation and modification of appointments
If the client or The Innovative Lawyer is forced by unforeseen circumstances to change the agreed performance dates or of the activities, one shall notify the other immediately after the cause becomes known and the parties shall enter into consultation with each other to make new arrangements regarding the performance dates and what each will do to minimize the consequences of the delay.
Any additional costs incurred as a result of the postponement of activities shall be borne by the party on whose side the cause of the postponement lies.
If client cancels the assignment, he owes the following percentages of the agreed amount for the work: - within 3 months before starting date/date of first activity: 50% - within 2 months before starting date/date of first activity: 75% - within 1 month before starting date/date of first activity: 100% In case of cancellation before 3 months before starting date/date of first activity, client owes the direct and indirect costs incurred until then.
These terms and conditions were last updated on Sept. 28, 2024.