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DesignThinkers B.V.
Terms and Conditions
Accepted Payment Types

Article 1: Applicability & Definitions

1. These Terms & Conditions are applicable on all Business to Customer (“B2C”) registrations, trainings and other forms of B2C-Services and Business to Business (“B2B”) offers, in-company projects, cooperations, consultancy and any other forms of Service.

2. The following terms will be frequently cited in this document and have the following meaning:

Client: The legal entity which purchases a Service from DesignThinkers, for example an in-company project, in the form of a Collaboration;
Collaboration: The project, in-company training or any other form of collaboration between DesignThinkers and Client;
DesignThinkers: The legal entity with limited liability, registered as “DesignThinkers B.V.” and the rightful owner of the following websites and trade names:

•     DesignThinkers Academy – www.designthinkersacademy.com
•     DesignThinkers Agency – www.designthinkersagency.com
•     DesignThinkers Group – www.designthinkersgroup.com
•     DesignThinking Conference – www.designthinkingconference.com

Participant: The natural person, who has signed up for a program by DesignThinkers;
Parties: DesignThinkers and Client for which DesignThinkers performs a Service;
Program: The workshop or event offered by DesignThinkers, which Participant has signed up for.
Service: A Service, which DesignThinkers performs on behalf of Client.

I. General Provisions

Article 2: Privacy Policy & General Data Protection Regulation (GDPR)

1. DesignThinkers prioritizes the privacy of Participants and Clients and strictly adheres to the provisions regarding privacy and the processing of personal data as regulated by the GDPR.

2. For the more specific provisions regarding the processing of personal data, please see the Privacy Policy of DesignThinkers B.V.

Article 3: Confidential Information

1. Information provided by the Participant or Client in the context of a Program or Collaboration is regarded as Confidential Information by DesignThinkers, its employees and involved third parties. This information will be handled with care at all times.

2. By agreeing to these Terms & Conditions, the Participant or Client shall treat information provided by DesignThinkers in a similar way.

3. The following information is not seen as Confidential Information. Information which:

• Was lawfully in possession of the receiver prior to agreeing to the Terms & Conditions;
• Is already in the public domain;
• Becomes generally available to the public after its disclosure other than through a breach by the receiver.

4. This provision shall continue to exist even after termination of the Program or Collaboration.

Article 4: Intellectual Property

1. All documents provided by DesignThinkers, such as reports, advice, designs, sketches, drawings, software, materials, etc. during the Program and Services are copyright protected by DesignThinkers B.V.
2. (Ex-)Participants or (ex-)Clients shall not acquire ownership rights to these materials and agree not to reproduce, modify or distribute the materials received or provided by DesignThinkers, unless agreed otherwise.
3. DesignThinkers reserves the right to use the know-how, increased by execution of Services for the Client.
4. Unless specifically licensed, the Trade Mark of DesignThinkers Academy shall not be used as identification or be publicly displayed in any manner.

Article 5: Third Parties

1. In order to execute a Program or Service, DesignThinkers is allowed to make use of Services provided by third parties. DesignThinkers will always carefully select the third parties.
2. DesignThinkers is responsible for any omissions caused by third parties, unless this is due to their willful intent or gross negligence.

Article 6: Disclaimer

1. DesignThinkers is careful with handling information. However, DesignThinkers cannot always guarantee that this is error-free and up-to-date. Therefore, no rights can be derived from the information provided by DesignThinkers via our website, email, telephone or otherwise.

Article 7: Force Majeure

1. DesignThinkers is not liable for any inability or delay in executing a Program or Service during a period in which the inability or delay is caused by influences beyond reasonable control.

Article 8: Complaints

1. DesignThinkers applies article 15 of the B2C- complaints procedure drawn up by NRTO, for B2C-Services.
2. DesignThinkers applies article 15 of the B2B-complaints procedure drawn up by NRTO, or B2B-Services.

Article 9: Applicable Law & Jurisdiction

1. The validity, interpretation and performance of the Program, the Collaboration and/or the Terms & Conditions shall be controlled by and construed under the laws of The Netherlands.
2. The Amsterdam Court shall have exclusive jurisdiction, unless stated otherwise by agreement or law.

II. B2C-Provisions regarding online registration by a natural person

Article 10: General Provisions

1. These Terms & Conditions apply once the registration of a natural person has been processed. The registration is binding.

Article 11: Payment

1. The invoice will be sent upon confirmation of the Program by DesignThinkers.
2. DesignThinkers charges 21% VAT to the following entities:

• Dutch-based companies and private persons;
• Private persons and companies without a VAT number outside the Netherlands, based in a Member State of the European Union.
• VAT will not be charged to private persons and companies when these persons or companies are based outside the European Union.

3. The payment term is 14 days upon receiving the invoice, unless the course is set to begin in less than 14 days: in that case, immediate payment is required.
4. DesignThinkers accepts the following payment methods: bank transfer, PayPal & Mollie Payments. DesignThinkers does not accept cheques or cash.
5. All reminder fees and extra costs for any additional legal proceedings shall be covered by the Participant in the event of a continuous non-fulfillment of the agreed-upon payment obligations. If applicable, the statutory interest rate can be added to the costs.
6. If a refund agreement has been made, all associated transaction costs shall be covered by the Participant.

Article 12: Cancellation by DesignThinkers

1. DesignThinkers reserves the right to cancel or change any session or course.
2. DesignThinkers will provide a voucher or an alternative session will be rescheduled.
3. The voucher will be valid for one year from the date of the original course or session and can be used for any equivalent course provided by DesignThinkers, in the same country for which the Participant formerly registered.

Article 13: Refund and cancellation policy

1. The registration can be canceled by the Participant free of charge within 14 days after registration. If the course is set to begin in less than 14 days, cancellation is not possible.
2. If the term of 14 days has passed and the Participant cancels after confirmation, the Participant shall pay the invoice. No refund of the money will be provided.
3. Tickets may be passed on to another person with written approval from DesignThinkers and the ticket will remain valid for one year. The new Participant is entitled to the similar course at the original location.
4. A voucher that is worth the equivalent of the original course can be provided to the Participant. This voucher is valid for one year and can be used for any equivalent course provided by DesignThinkers, in the same country for which the Participant has formerly registered.

Article 14: Liability

1. The Participant is both directly and indirectly liable for any damage caused by him/her to the goods, properties and/or buildings of both DesignThinkers as well as any third parties during all activities organized by DesignThinkers.
2. DesignThinkers is neither directly nor indirectly liable for any of the following: damage, loss or theft (of personal property or goods) as well as personal injuries of any kind during the activities.

III. B2B-Provisions regarding Services provided by DesignThinkers

Article 15: Execution of the Collaboration

1. DesignThinkers B.V. will carry out Services to the best of its knowledge and ability, as well as in accordance with market standards.
2. The Client shall ensure that all information which DesignThinkers indicates as being necessary or which the Client should in all reasonableness understand to be required for the execution of Services, is provided to DesignThinkers in reasonable time. If DesignThinkers is not provided with the information required for the execution of Services within reasonable time, DesignThinkers may suspend its execution.

Article 16: Offers

1. Offers for Services made by DesignThinkers will remain valid for a period of 60 days, unless stated otherwise. These offers are only binding for DesignThinkers if their acceptance has been confirmed by the Client in writing or by email within 60 days.
2. DesignThinkers applies the following payment conditions, unless agreed otherwise: 50% on accepting an offer, and 50% after delivery of the Service.

Article 17: Fee

1. The fee is determined by the time and materials spent performing Services and the costs incurred, or based on a commission or a fixed sum, according to what Parties have agreed.
2. DesignThinkers will provide the Client an actual overview of the costs and practical time spent upon request.

Article 18: Payment

1. Payment will be made upon an invoice sent by DesignThinkers. The invoices shall refer to the corresponding purchase order number of the Client, except as may be provided otherwise. The invoice further entails the amount to be paid, VAT (if applicable) and the bank details of DesignThinkers
2. DesignThinkers charges 21% VAT to the following entities:

• Dutch-based companies, all other legal entities and natural persons;
• Private persons and companies without a VAT number outside the Netherlands, based in a Member State of the European Union.
• VAT will not be charged to private persons and companies when these persons or companies are based outside the European Union.

3. The Client shall pay the invoices for Services within thirty (30) days, unless agreed otherwise. If the Client refrains from payment, DesignThinkers reserves the right to increase the payment fee with administrative costs which arise from sending out reminders and if applicable, add the statutory interest rate. Any costs arising from legal procedures will be covered by the Client.

Article 19: Conflict of Interest

1. Parties ensure that no circumstances arise during the Collaboration in which the performance of Services conflict or might conflict with the personal interests of Parties. In the event such conflict or potential conflict of interest arises, Parties shall immediately notify each other and where Services have already commenced, Parties shall engage in good faith discussions to find an amicable solution which may include termination of the Collaboration or other compensatory measures, as appropriate.
2. Parties shall notify each other of any contractual or personal relationships with employees (and if applicable with subcontractors) that may have effect on the independence of the Parties.

Article 20: Amendment of the Collaboration

1. If it appears during the Collaboration that proper execution requires changes or additions to Services to be performed, such amendment shall be mutually agreed in writing in reasonable time.
2. If Parties agree that the Collaboration is to be amended or supplemented, this may affect the completion date. DesignThinkers will notify the Client of this as soon as possible.
3. If the amendments or additions to the Collaboration have financial consequences or affect the quality of Services, DesignThinkers will notify the Client beforehand.

Article 21: Termination of The Collaboration

1. Parties may terminate the Collaboration with immediate effect by notice in writing, if:

• One of the Parties is in material breach of any of its obligations under the Collaboration and these Terms & Conditions (unless, such breach being capable of remedy within seven (7) days of being requested to do so);
• One of the Parties, or any of its employees assigned to perform Services, any subcontractor or any other person acting on behalf of the Party in the performance of Services has been engaged in conduct bringing the other Party into disrepute;
• One of the Parties is in a situation of conflict of interest, in accordance with Article 19, and/or if the continued execution of the Collaboration would result in a contravention of the laws, regulations, professional rules or guidelines or would in any other way prevent the other Party from complying with the applicable rules;
• One of the Parties has good grounds to believe that the other Party is neither able nor willing to comply with its obligations under the Collaboration and these Terms & Conditions:
• There is any corporate action, legal proceeding or other procedure taken against one of the Parties, in relation to:
  • The suspension of payments, a moratorium of any indebtedness, the winding-up, dissolution, administration or reorganization;
  • A composition, assignment or arrangement with any creditor of the Party;
  • The appointment of a liquidator, receiver, administrator, administrative receiver, regulatory official, compulsory manager or similar officer in respect of the Party;
  • A significant change occurs in the ownership of or control over the Party.

2. DesignThinkers may terminate the Collaboration upon written notice to the Client if the Client fails to pay an undisputed amount in accordance with Articles 17 and 18 of this Collaboration and the Client fails to cure such default within thirty (30) days of receipt of written notice sent by DesignThinkers identifying the default and requiring its remedy.
3. In case of termination of the Collaboration, the Client shall pay DesignThinkers the accrued Fees until the termination date.
4. Termination of the Collaboration for any reason whatsoever does not limit any rights or remedies to which a Party may be entitled under the Collaboration or by law and shall not affect any accrued rights or liabilities of either Party, nor the coming into force or the continuance in force of any provisions of the Collaboration which is expressly or implicitly intended to continue their effects after the termination occur.

Article 22: Liability

1. DesignThinkers shall not be liable to the Client for any losses, injuries or damages arising out of the performance (or non-performance) of Services, including for failing to provide Services within the agreed term, unless in the event of willful intent or gross negligence on the part of DesignThinkers.
2. In no event shall the liability of DesignThinkers to the Client arising out of the Collaboration exceed the greater of the total Fees as specified in the offer for a specific project.

Article 23: Insurance

Design Thinkers is insured by Nationale-Nederlanden NV. The total liability to the Client or Participant, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising out of or in connection with this Agreement shall be limited to an amount equivalent to what the Insurance of Design Thinkers covers in the specific case.

© 2024 DesignThinkers B.V.