LaserCollege Terms and Conditions

ARTICLE 1 – DEFINITIONS

In the present general terms and conditions and the agreements to which they have been declared applicable, the following terms have the following meaning:

Student: The adult (legal) person who registers at LaserCollege for a professional training or receives a quote for it.
The (legal) person who follows a vocational training always has a professional goal in mind, namely to follow a vocational training in function of his/her career as an employee, self-employed person or service provider in the sharing economy. Minors can only be registered with written permission from the parents or the guardian.

Professional education: An education, training, retraining, (home) study, course, study or theme day, workshop, continuing education or any form of education provided by LaserCollege. All these courses have a professional goal in mind and prepare the Student for a profession or profession in employment or in the sharing economy or for the pursuit of an activity as a self-employed person in main or secondary occupation. The provisions with regard to consumers do not apply to these (professional) courses. This professional education is provided either for a period corresponding to a school or academic year or for a period that is necessary to effectively teach a profession or skill necessary to practice that particular profession. The duration of all courses is necessary to learn a trade or profession or to obtain an additional specialization or “updating” in connection with the profession. This type of instruction is also accessible to people who are not yet effectively practicing the profession. LaserCollege does not organize higher education or academic education and therefore does not issue bachelor’s or master’s degrees

Course material: training lesson or instructional material, documentation, teaching material, or any other (electronic) material in whatever form, that is used as part of the (Professional) Training. Immediately after payment of the tuition fee, the Student will have access to the electronic learning platform and / or Student profile where the electronic books and courses can be viewed.

Course fee: The total amount for training, that a Student pays; including registration fees and examination fees. Some courses require additional material that is not included in the course fee and that the Student must provide.

ARTICLE 2. APPLICABILITY

1) These terms and conditions apply to all offers and services from LaserCollege. These terms and conditions also form part of all agreements with the Student.
2) Deviating conditions apply only to the extent that they are expressly accepted in writing by LaserCollege and only apply to the relevant agreement (s).
3) Changes and additions to any provision in the agreement are only valid if they are recorded in writing (which also includes any form of electronic communication (such as e-mail) and are signed by both parties).
4) The agreement, including all applicable terms and conditions, gives the full content of the rights and obligations of the parties and replaces all prior written and oral agreements, statements and / or statements made by the parties.
5) By completing a registration form with regard to a (Vocational) Training, to which these general terms and conditions are attached, or by transferring a payment, the Student declares that he / she always has a professional goal in mind, ie following a professional training that leads to the start-up of a (future) self-employed activity or a (future) hiring as an employee, or working in the sharing economy. Even if the Student is not (yet) working in the relevant profession or profession, the Student accepts that he or she is acting for professional purposes.
6) The Student also agrees with the terms of use and disclaimer.

ARTICLE 3. QUOTATIONS

1) All quotations from LaserCollege are always without obligation, in terms of price, content, execution, delivery time and deliverability and are not binding as such. If an offer is accepted by the Student, an agreement is concluded between the Student and LaserCollege as stipulated in article 4 of these general terms and conditions.
2) LaserCollege issues the offer in writing or electronically.
3) The quotation contains a complete and accurate description of the course / training for which the Student wants to register. The quotation also specifies which Course Material must be purchased by the Student and which costs, including additional costs and taxes, are related to this. The quotation also states the method of payment, delivery and implementation of the agreement and the estimated delivery time of the Course Material.
4) The offers have a limited validity of 7 working days, unless stated otherwise in writing. If an offer is not accepted within this period, LaserCollege is entitled to change the conditions and the price as included in the offer.
5) When the Student completes the registration form and sends it to LaserCollege, the Student accepts these terms and conditions.

ARTICLE 4. CONCLUSION OF THE AGREEMENT

1) The Student enters into an Agreement with LaserCollege by registering for a Training. Enrollment for a Training takes place (i) via the registration form from the LaserCollege brochure, (ii) by telephone, (iii) by e-mail via the digital registration form provided by LaserCollege or (iv) via the registration form on the website (v) acceptance of the offer.
2) The agreement is only established by the written (which also includes an e-mail message or completion of the online student profile) acceptance by LaserCollege of this registration. The acceptance by LaserCollege also counts as proof of registration.
3) In the case of electronic assignment, LaserCollege sends an electronic confirmation to the Student; as long as the receipt of an electronically accepted assignment has not been confirmed by LaserCollege, the Student can cancel the assignment.
4) After an agreement has been concluded, the data referred to in Article 3, paragraphs 3 and 5, will be provided in writing or on another durable data carrier available to the Student and accessible to the Student.
5) The Student is not entitled to transfer the rights from the agreement to a third party without written permission from LaserCollege.

ARTICLE 5. IDENTIFICATION

1) When registering for a Course, the Student is obliged to send a copy of a valid proof of identification to the address of LaserCollege, if and insofar as regulations make this necessary and / or allow it.
2) The Student is required to have a valid proof of identification with him during the meetings of the Course and to show this at the request of one or more LaserCollege employees, if and insofar as regulations make this necessary and / or allow it.

ARTICLE 6. PAYMENT

1) The payment of the Course Fee must take place at the latest on the due date stated on the invoice.
2) Unless the parties have agreed otherwise in writing, the invoices from LaserCollege are payable no later than fifteen (15) days after the date of the invoice.
3) Unless otherwise stipulated in any separate agreement or special conditions, the invoicing of LaserCollege will take place as follows:
• Payment of the Course Fee takes place before the start of the course. LaserCollege may require the Student to pay the full amount no later than 10 working days before the start of the training / course, as referred to in Article 3, paragraph 3.
• The Student, unless otherwise agreed in writing, must first have paid the Course Fee in full before he is definitively assured of a place. The Student is furthermore not admitted to the relevant (Professional) Training, as long as the Course Fee has not been paid in full, except in the case of payment in installments.

4) Subject to written permission from LaserCollege, the Student is not permitted to invoke any discount, deduction or set-off. The Student is not entitled to suspend the payment obligation. The value date indicated on LaserCollege’s bank statements is regarded as the day of payment.
5) If the Student is an employee and the Student’s employer has (also) signed the Agreement, that employer is and remains, in addition to the Student, jointly and severally liable for all that the Student owes under the Agreement and will continue to do so in the future becomes due. This joint and several liability remains in full force in the event of termination of the employment relationship between the Student and the employer.
6) If explicitly recorded by LaserCollege, it is possible to pay for certain courses in installments. In this case, the advance payment or the first installment must be paid upon registration. Each subsequent installment amount is automatically debited from the Student every month until the full Course Fee has been paid.
7) LaserCollege also offers modular courses. A modular course consists of the number of modules / courses determined by LaserCollege for which the Course member receives the period set by LaserCollege to complete them. The study duration starts from the start date of the first module for which you register. After successfully completing the registered modules within the period, you will receive the additional modular diploma. If explicitly recorded by LaserCollege, it is possible to pay for modular courses in installments. In this case, the advance payment or the first installment must be paid upon registration. Every subsequent term must be paid exactly 1 month later until the full course fee has been paid. If the Student deregisters for a separate module, the same agreements with regard to deregistration apply as for a normal course.
8) For some (Professional) Training courses extra materials are needed that are not included in the Course Fee and which the Student must purchase. Each course page on the website states whether additional materials are needed or not. The Student declares to have sufficiently informed himself about the total price of the course, including any additional material costs or usage fees.

ARTICLE 7. LATE PAYMENT

1) If the Student has not met the obligations towards LaserCollege within the agreed payment term (see article 6.1), the Student will be in default by operation of law, without any notice of default being required. LaserCollege or its collection agency sends a payment reminder after that date and gives the Student the opportunity to pay within 14 days of receiving this payment reminder.
2) From the moment the Student is in default, up to the day of full payment, the Student owes default interest of 1% on the amount owed per month or part thereof, without prejudice to LaserCollege’s right to full compensation based on the law .
3) All costs for the collection of the judicial, as well as extrajudicial costs owed by the Student are for the account of the Student. This includes the costs of seizure, bankruptcy applications, collection costs, as well as the costs of lawyers, bailiffs and other experts to be engaged by LaserCollege. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. LaserCollege can deviate from the stated amounts and percentages for the benefit of the Student.
4) During the handling of a complaint or dispute in accordance with the provisions of these terms and conditions, LaserCollege will suspend the charging of interest and collection costs.

ARTICLE 8. PRICES

1) All prices are exclusive of VAT. Prices can be changed periodically.
2) If a price change occurs as a result of cost-increasing invoices within 3 months after the conclusion of the agreement but before the start of the (Professional) Training or the delivery of the Course Material, this will not affect the agreed price. LaserCollege does not charge interim cost-increasing factors (such as but not limited to: purchase prices, rates, wages, taxes, charges and freight).
3) Paragraph 2 does not apply to price changes resulting from the law.
4) Any discounts cannot be combined. The discounts must always be settled at registration. Repayment of discounts is therefore not possible.

ARTICLE 9. RIGHT OF WITHDRAWAL

1) Since all our courses are professional courses, intended for people with a professional purpose, no right of withdrawal is possible for these courses.

ARTICLE 10. CANCELLATION AND MODIFICATION WITH REGARD TO VOCATIONAL TRAINING

1) For Professional Vocational Training, the provisions regarding Consumers of the Economic Law Code do not apply and no right of withdrawal applies because these educational services are provided to (legal persons) with a professional purpose.
2) The Student must notify LaserCollege of the cancellation of the Course by registered letter In the first instance, LaserCollege will attempt to place the Student in the same Course that takes place at a later date. If that is not possible, the arrangement as set out in paragraph 1 of this provision applies.
3) In the event of dissolution in accordance with paragraph 1, the Student must return any teaching material received from LaserCollege as soon as possible to LaserCollege. LaserCollege is entitled to have the direct costs of sending back paid by the Student. The return takes place at the risk of the Student.
Teaching materials that are offered on an electronic data carrier and whose seal has been broken from the package cannot be returned and the price must be paid in full by the Student to LaserCollege.
4) Early termination by the Student – for whatever (medical) reason – does not lead to a refund of the Course Fee. Nor does the failure to attend the Training (s) on the Student’s side lead to a partial or full reimbursement of the Course Fee.
5) If, in LaserCollege’s opinion, the number of registrations for a particular Training is insufficient, LaserCollege is entitled to cancel or postpone it (in whole or in part) to a different time or location prior to the start of the relevant Training or the relevant training module. In that case, LaserCollege is free to agree with the Student that the relevant Training or the relevant Training Module will be followed at a different date, location and / or time. In the event of non-continuation, final cancellation without alternative dates or locations, of the course or training module, LaserCollege will refund the amount already paid by the Student for the canceled education or training module, but LaserCollege is not obliged to compensate any damage or costs incurred by the Student in connection with that cancellation.
6) LaserCollege reserves the right to make changes to the Course and / or the relevant Training Module, if this is necessary to make the Student pass the internal or external exam(s), for example when curricula or legislation change in the interim.

ARTICLE 11. DELIVERY TIMES, COURSE MATERIAL AND CLASSROOMS

1) LaserCollege supplies the course material to the Student before the start of the lessons. Timely delivery also includes providing timely access to teaching materials that are offered electronically.
2) The delivery times communicated by LaserCollege are purely indicative.
3) When determining the delivery and / or execution period, LaserCollege assumes that it can carry out the assignment under the circumstances known to it at that time.
4) The delivery time and / or execution period only starts when agreement has been reached on all commercial and technical details, all necessary data, etc. are in the possession of LaserCollege, the agreed payment has been received and the necessary conditions for the execution of the assignment has been fulfilled.
5) If there are circumstances other than those known to LaserCollege when it determined the delivery time and / or execution period, LaserCollege may extend the delivery time and / or execution period by the time required to carry out the assignment under these circumstances. If the activities cannot be fitted into the LaserCollege planning, they will be carried out as soon as the planning permits. If there is a suspension of obligations by LaserCollege, the delivery time and / or execution period will be extended by the duration of the suspension. If continuation of the work cannot fit into the planning of LaserCollege, the work will be carried out as soon as the planning permits.
6) Exceeding the agreed delivery and / or execution period will under no circumstances entitle you to compensation, unless this has been agreed in writing. LaserCollege can never be held liable for loss of income due to late or non-delivery of the educational services.
7) The Student is obliged to cooperate in the delivery, as well as to receive the Course Material.
8) Decrease is deemed to have been refused if the material Course material has been offered for delivery but delivery has proved impossible. The day on which acceptance is refused is considered the day of delivery.
9) The Training takes place in the locations / classrooms indicated by LaserCollege. LaserCollege will inform the Student of these locations / classrooms as much as possible before the start of the Training. If a change of location / classrooms takes place during the Training, LaserCollege will inform the Student of this. A change in the location / classrooms where the Training is given never gives rise to the cancellation of the agreement, nor to any liability for damages on the part of LaserCollege vis-à-vis the Student.
10) During the Training the Student is fully liable for the damage he or she inflicts on everything in the classroom (in the broadest sense of the word).
12) LaserCollege can never be held liable for actions that Students take outside of the lessons. Internships must be requested in advance and approved in writing by the internship location, the intern and the internship provider.

ARTICLE 12. CONFORMITY

1) The training must comply with the agreement and be carried out in an expert manner and using proper facilities.
2) The course material provided must comply with the agreement and must have properties that, considering all circumstances, are necessary for normal use, as well as for a special use where agreed.

ARTICLE 13. INTELLECTUAL PROPERTY RIGHTS

1) The Student is not permitted to remove or change any indication regarding copyrights, brands, trade names, patents or other rights from the delivered products. The Student is also not permitted to sell the Course Material.
2) LaserCollege (and / or its teachers) retains the copyrights and all intellectual property rights to the offers made, designs provided, teaching materials, homework assignments, exam papers, images, drawings, test models etc.
3) The rights to the data mentioned in the previous paragraph remain the property of LaserCollege regardless of whether costs have been charged to the Course for the production thereof. This data may not be copied, used or shown to third parties for professional purposes without LaserCollege’s prior written permission. The Student owes LaserCollege a penalty of € 25,000.00 per violation for this violation, without prejudice to LaserCollege’s right to claim full compensation.

ARTICLE 14. COMPLAINTS regarding COURSE MATERIAL and TEACHERS

1) The Student must inspect the Course Material as fully as possible immediately after delivery. Any complaints regarding the Course Material must be reported to LaserCollege in writing and with reasons within seven working days after delivery. Disruptions or defects that cannot reasonably be detected within the aforementioned period must be reported to LaserCollege in writing and with reasons immediately after discovery. In the absence of timely complaints, all possible claims of the Student with regard to malfunctions or defects will lapse.
2) If and to the extent that a complaint is found to be justified by LaserCollege, LaserCollege is solely obliged, at its option, to remedy the defect (s) or to replace the defective Course material, without the Student being able to assert any right to what compensation then. The complaint does not relieve the Student from its payment obligations towards LaserCollege.

3) Wrong or damaged course material is immediately replaced by LaserCollege at no cost to the Student.
4) Complaints with regard to class locations, secretarial staff or teachers must always be submitted in the first instance via the feedback form on the website. In a first phase, an administrative-friendly solution is always sought by an administrative employee. This can be a transfer to another course at a different time or location or a change in the training package or a (partial) reimbursement of the course fee in accordance with article. If no solution is found, the Student must address a registered letter to LaserCollege, after which a definitive answer will be sent to the Student by registered letter.
5) LaserCollege answers questions of an administrative nature and questions about the content of the training within a period of 10 working days from the date of receipt. LaserCollege will respond to letters that require a foreseeable longer processing time, with an acknowledgment of receipt and an indication when the Student can expect a more detailed answer.
6) Complaints about the implementation of the agreement must be submitted to LaserCollege in a timely, complete and clearly described manner, after the Student has discovered or was able to identify the defects. Complaining within the month is in any case timely. Failure to submit a complaint in time may result in the Student losing his or her rights in this regard.

7) LaserCollege is liable for any lack of conformity that exists at the delivery of the good and that manifests itself within a period of [7 days] from the aforementioned delivery. The Student must notify LaserCollege in writing of any lack of conformity within a period of [7 days] after it has been established. In the absence of such notification of the lack of LaserCollege within [7 days] after it has been established, the Student loses his right to file a claim for non-compliance against LaserCollege.

ARTICLE 15. DISCLAIMER

1) The Student is obliged to indemnify LaserCollege against all costs and damage in which LaserCollege may fall due to third parties bringing a claim against LaserCollege in respect of any fact, for which liability towards the Student is excluded in these general terms and conditions.
2) If LaserCollege could be sued by third parties on that basis, then the Student is obliged to assist LaserCollege both outside and in court and immediately do everything that may be expected of it in that case. If the Student fails to take adequate measures, LaserCollege is entitled to do so without notice of default. All costs and damage on the part of LaserCollege and third parties that arise as a result, are entirely for the account and risk of the Student.

ARTICLE 16. CHANGES

1) LaserCollege is entitled to change these terms and conditions. The Student is deemed to have accepted the relevant changes if LaserCollege has not received a written protest against this within 14 days after the written notification from LaserCollege. Changes are announced by personal notification or general publication on the LaserCollege website.
2) The English text of the general terms and conditions is always decisive for the interpretation thereof.

ARTICLE 17. LIABILITY

1) LaserCollege is only liable for direct damage, as a result of – gross Professional’s fault – to be demonstrated by Student in the performance of its obligations arising from the Agreement concluded between the parties. LaserCollege is not liable for company and / or consequential damage, which in any case means loss suffered and lost profit.
2) LaserCollege is not liable for damage to property of the Student or to the Student in a Training.
3) LaserCollege is in no way liable for the consequences of the inaccuracy of the information provided by or on behalf of Student. LaserCollege is also not liable for the Course material developed and / or compiled by LaserCollege, the brochure (s) or other work, arising from, or related to a Training. LaserCollege is, however, in no way liable for damage, of any nature whatsoever, that is the result of (any) incorrect information in the Course Material, the brochure (s) or any other work resulting from, or related to, a Training. LaserCollege is also not liable for the success or failure of the Student in any (government) exams. This agreement is an obligation of means and not an obligation of result with regard to the success or failure of a Student on the exam.

4) LaserCollege is not liable if a Student does not comply with the (safety) instructions.
5) LaserCollege’s liability is in any case limited to a maximum of the Course Fee paid by the Student.
6) LaserCollege is not liable for damage if the Student does not hold LaserCollege liable by registered letter for the damage within seven days after having taken cognizance of the damage and offers it the opportunity to investigate the damage.

7) This liability arrangement in the previous paragraphs of this article also applies to third parties that LaserCollege engages in the context of the implementation of the Agreement, as well as to persons for whom LaserCollege or such a third party is liable.
8) The liability of LaserCollege is in any case limited to a maximum of the Course Fee paid by the Student.

ARTICLE 18. FORCE MAJEURE

1) If LaserCollege is prevented by force majeure of a permanent or temporary nature from (further) executing the Professional Training Agreement, irrespective of whether the force majeure was foreseen, LaserCollege is entitled without any obligation to pay compensation, the Agreement by a fully or partially dissolve any communication without judicial intervention, without prejudice to LaserCollege’s right to payment by a Student for services already performed by LaserCollege before there was a force majeure situation, or to suspend the (further) execution of the Agreement in whole or in part. LaserCollege will inform Student as soon as possible of a situation of force majeure. In the event of suspension, LaserCollege will still be entitled to dissolve the Agreement in whole or in part.

2) Force majeure includes all circumstances that make LaserCollege temporarily or permanently unable to meet its obligations, such as the (temporary) dropout of the teacher due to illness and / or foreclosure, fire, strike or work exclusion, riot, war , governmental measures such as import or export restrictions, suppliers’ failure, transport problems, natural disasters, disruptions in LaserCollege’s or supplier’s business, power failures and furthermore all circumstances in which LaserCollege cannot reasonably be expected to fulfill its obligations to Student (further). Force majeure of LaserCollege’s suppliers is also deemed to be force majeure of LaserCollege.

ARTICLE 19. DISSOLUTION

LaserCollege has the right to terminate the agreement with the Student at any time, with immediate effect, without judicial authorization, without prior notice of default and without payment of any compensation, in the following cases: 1) The Student applies for her own bankruptcy, is declared bankrupt or requests suspension of payment; or
2) a decision is made and / or proceeds to liquidate the Student or terminate the business activities of the Student or to sell the business activities of the Student or the nature of the business activities of the Student changes substantially in the opinion of LaserCollege; or
3) The student does not or not fully comply with any obligations imposed on her by the law or contractual conditions towards LaserCollege; or
4) The student or fails to pay an invoice amount or part thereof within the stipulated period; or
5) a seizure is made of all or part of the Student‘s assets,
6) LaserCollege has well-founded reasons to doubt that the Student will meet its obligations to LaserCollege.
7) In the event of dissolution, LaserCollege also reserves the right to claim compensation for the costs, interest and damage that LaserCollege has suffered and all claims of LaserCollege on the Student become immediately due and payable.

ARTICLE 20. PERSONAL INFORMATION AND CONFIDENTIALITY

1) Under the Personal Data Protection Act, LaserCollege points out that all data provided by the Student will be included in LaserCollege’s automated administration. These will be processed internally and used for responsible customer management and responsible business operations, such as being able to send course material, conducting teacher guidance and sending information about courses and related information. LaserCollege will not provide this information to third parties without the explicit consent of the Student.
2) Both parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of the Agreement. Information is considered confidential if this is stated by a party or results from the nature of the information.
3) Information provided by the Student is treated confidentially by LaserCollege, its staff and / or persons working for it. LaserCollege conforms to the applicable privacy legislation.
4) The student gives LaserCollege permission that all audiovisual material made during a live LaserCollege session (bootcamp and / or other live event) in which the student may be visible or recognizable (consciously or unconsciously) can be used for marketing and / or training purposes.

ARTICLE 21. PERFORMANCE BY THIRD PARTIES

1) LaserCollege is entitled to engage third parties for the implementation of the Agreement.
2) All clauses concerning the exclusion or limitation of liability of LaserCollege and concerning the indemnification of LaserCollege against claims of third parties, are also stipulated for the benefit of those, both in the service of LaserCollege and third parties for whose actions LaserCollege can be liable.

ARTICLE 22. DIVISIBILITY

If any provision (or part thereof) of these general terms and conditions is unenforceable or contrary to a provision of mandatory law, this will not affect the validity and enforceability of the other provisions of these general terms and conditions, nor will it affect the validity and enforceability of that part of this the relevant provision that is not unenforceable or that conflicts with a provision of mandatory law. In such a case, the parties will negotiate in good faith to replace the unenforceable or conflicting provisions with an enforceable and legally valid provision that is as close as possible to the purpose and purport of the original provision.

ARTICLE 23. APPLICABLE LAW / COMPETENT COURT

1) All agreements to which these general terms and conditions apply, as well as all other agreements arising from them, are exclusively governed by South African law.
2) All disputes arising from or related to an agreement will in the first instance be submitted exclusively to the competent court in the Pretoria district, without prejudice to LaserCollege’s right to submit a dispute to the competent court within the area in which Students are established or reside. is.

ARTICLE 24: LOCATION OF SERVICE

1) The servers and IT infrastructure of the Organization are located in the Netherlands.
2) By registering, the student indicates that he / she is aware that the supervision takes place online (student platform, e-mail, etc.), by telephone, in writing, etc. from South African or Belgium.