Terms and conditions
Below you can read our terms and conditions.
Article 1 General, Applicable conditions
- In these General Terms and Conditions:
- Afstudeerwijzer: a service provider for thesis supervision and related matters, established and located in Den Bosch, registered in the Trade Register under the Chamber of Commerce number 69935866.
- Student: the natural person who has concluded an agreement with Afstudeerwijzer
- Parties: Afstudeerwijzer and Student.
- Agreement: the agreement agreed by the Parties in writing or by e-mail to the performance of the Assignment and the conditions under which the Assignment will be executed.
- Assignment: part of the agreement that applies between the Parties, including a task to be performed by Afstudeerwijzer for the benefit of the Student, including Online Thesis Guidance and Location Thesis Supervision.
- Online Thesis supervision: thesis supervision and related activities via e-mail, skype or telephone.
- Location Thesis supervision: thesis supervision and related activities through a physical appointment at a location in Den Bosch.
- Supervision time: a time unit of sixty minutes, in the form of Online Thesis Guidance, or in the form of Location Thesis supervision.
- Supervisor (s): the thesis supervisor assigned to the Student by Afstudeerwijzer.
- These General Terms and Conditions apply to all Agreements between Afstudeerwijzer and Student, all activities to be carried out by Afstudeerwijzer on behalf of the Student and on all Assignments of the Student to Afstudeerwijzer.
- The Student explicitly declares that these General Terms and Conditions have been handed to him or her prior to the Assignment. The Student also explicitly declares to have taken the content of the General Terms and Conditions and explicitly agrees with all provisions in these General Terms and Conditions.
- The Privacy Statement of Afstudeerwijzer forms an integral part of these General Terms and Conditions.
Article 2 Offers and tenders
- The offers and quotations made by Afstudeerwijzer are without obligation, unless expressly agreed otherwise, and valid for 30 days, unless stated otherwise.
- The first intake interview between Student and Afstudeerwijzer and / or Supervisor, provided by telephone or online, are free of obligation, unless explicitly stated otherwise in writing.
- All amounts stated in offers and quotations are in Euros.
- A composite quotation does not oblige Afstudeerwijzer to perform a part of the Assignment against a corresponding part of the stated price.
Article 3 Execution of the agreement
- An Agreement is concluded between the Parties at the moment that the Student agrees in writing or via e-mail to start counseling hours.
- Afstudeerwijzer will perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. There is a best efforts obligation on Afstudeerwijzer. Afstudeerwijzer never guarantees that a certain result will be booked with the service.
- Afstudeerwijzer ensures that the work is carried out by skilled supervisors.
- If Afstudeerwijzer deems this opportune, it may call in third parties for the performance of the work in the context of the Agreement.
- The dates and the way in which the activities will be carried out by Afstudeerwijzer for the benefit of the Student will be determined in consultation between the Student and the Supervisor and / or Afstudeerwijzer.
- The Student ensures that all data and documents, of which Afstudeerwijzer and / or the Supervisor indicates that they are necessary or of which the Student should reasonably understand that they are necessary for the execution of the Agreement, will be timely provided to Afstudeerwijzer and / or the Supervisor.
Article 4 Modification of the agreement
- If during the implementation of the Agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the Parties shall adjust the Agreement accordingly in a timely manner and in mutual consultation.
- If the Parties agree that the Agreement will be amended or supplemented, the time of completion of the Assignment may be affected. Afstudeerwijzer will inform the Student as soon as possible.
- If the amendment or supplement to the Agreement will have financial and / or qualitative consequences, Afstudeerwijzer will inform the Student in advance. The changes will take effect after 30 days from the day on which Afstudeerwijzer has informed the Student about the changes. In such a case, the Student has the right to dissolve the Agreement unilaterally.
Article 5 Right of withdrawal and exercise of the right of withdrawal
- The Student has the option to dissolve the Agreement without giving any reason during the period of 14 days. The period of 14 days starts on the day of entering into the Agreement.
- If the Student wishes to make use of his or her right of withdrawal, he or she will inform Afstudeerwijzer in an unambiguous (electronic) way within the period mentioned in paragraph 1 of this Article.
- After receiving the notification as referred to in paragraph 2 of this Article, Afstudeerwijzer will send an acknowledgment of receipt without delay.
- With the exception of situations as referred to in paragraphs 5 and 6 of this Article, Afstudeerwijzer will reimburse all payments received from the Student without delay, but within 14 days of the day on which the Student reports the revocation.
- If and insofar as Afstudeerwijzer has partly carried out the activities under the Assignment during the term mentioned in the first paragraph and the Student has agreed to commence the activities within this period, Afstudeerwijzer is never obliged to repay the amount that is equal to the part of the Assignment that it has performed to the Student. In such a case, Afstudeerwijzer only reimburses the part of the Assignment that has not been completed yet, which part is equal to one or more Accompanying hours or a unit thereof.
- If and insofar as Afstudeerwijzer has fully carried out the work under the Assignment during the period stated in the first paragraph, the right of cancellation described in this article will be completely canceled.
- In the event that a situation as referred to in paragraph 5 and / or paragraph 6 of this article occurs, the Student herewith declares entirely or partially to waive his or her right of withdrawal as described in this article.
- Afstudeerwijzer will use the same payment method that the Student has used for reimbursement in the context of this Article, unless the Student agrees to another method. The reimbursement is free of charge for the Student.
Article 6 Contract duration; execution time
- The Agreement between Afstudeerwijzer and a Student is entered into for a definite period of time, as agreed between both Parties, unless the nature of the Agreement dictates otherwise or the Parties expressly agree otherwise in writing.
- If a period has been agreed within the term of the Agreement for the completion of certain activities, then this never applies as a fatal term.
Article 7 Fee and execution of Online Thesis Guidance and Location Thesis Guidance
- At the conclusion of the Agreement, the parties always agree on a fixed fee per Guidance Hour.
- If no fixed rates have been agreed, Afstudeerwijzer will use the hourly rate as included in the offer.
- Location Thesis Guidance is at least one hour or longer per session.
- A purchased Guidance Hour or Guidance Hours is / are valid for a maximum of two years, calculated from the date of purchase of the Guidance Hour or Guidance Hours.
- Afstudeerwijzer will keep a detailed overview of the purchased and spent Guidance Hours of each Student. This can be viewed by the Student at any time via an Excel sheet. The overview of the Guidance Hours is as up-to-date as possible, however, the Student must take into account about 3 working days of the supervisors's processing time.
- If the Student does not use an already scheduled Guidance Hour or Guidance Hours without timely notice, 1 (one) Guidance Hour is nevertheless claimed. Timely communication means at least 48 hours before the start of the planned Guidance Hour or the Guidance Hours.
- Afstudeerwijzer reserves the right to change its rates from time to time. If Afstudeerwijzer intends to change its rates and / or the transaction costs, it will notify this one month before the effective date of the change (s). In such a case, the Student has the right to dissolve the Agreement in writing or via e-mail within 4 weeks after this announcement. The right to dissolution expires one month after the announcement of the new rates list.
Article 8 Payment and collection costs
- Payment must be made before the start of the work. Payment can only take place afterwards if both Parties have agreed to this, in a manner to be indicated by Afstudeerwijzer.
- Objections to the amount of the invoices do not suspend the payment obligation of the Student.
- If the Parties have agreed to a payment afterwards, this payment must be made within seven days after sending the invoice.
- If the Student fails to pay, the Student is legally in default. In that case, Afstudeerwijzer will suspend the work until the moment the Student has made payment.
- Is the Student in default or in default with the fulfillment of one or more of his or her payment obligations, the statutory interest and all reasonable costs incurred in obtaining payment will be borne by the Student, including the judicial and extrajudicial collection costs.
Article 9 Retention of title
- As long as no full payment has been received by Afstudeerwijzer with regard to the work delivered within the framework of the Agreement and the Assignment, the goods made available by the Student, as well as all delivered documents by Afstudeerwijzer, remain the property of Afstudeerwijzer until the moment of full payment.
Article 10 Complaints
- Complaints about the work performed must be reported in writing directly, but in any case within 7 days after the complaint has arisen, by the Student to Afstudeerwijzer by sending an e-mail to email@example.com. If the complaint arises after termination of the work under the Agreement, Student is obliged to report this within 7 days after the complaint has arisen. The written complaint must contain a detailed description of the possible shortcoming and proof of this, so that Afstudeerwijzer is able to respond adequately.
- If a complaint is justified, at the discretion of Afstudeerwijzer, Afstudeerwijzer will still carry out the activities under the Agreement, unless in the meantime this has become demonstrably useless for the Student. The latter must be made known in writing by the Student. Reimbursement of already used Guidance hours is never possible, unless there is a serious shortcoming in the work carried out by Afstudeerwijzer.
Article 11 Cancellation, suspension and dissolution
- Both Parties can terminate the Agreement in writing at any time.
- If the Student cancels the Agreement while Afstudeerwijzer has already commenced with the performance of the work, the Student is obliged to compensate all damage that Afstudeerwijzer suffers as a result of this cancellation. The damage included here includes, among other things, compensation for work already carried out and costs incurred, loss of occupancy, loss of profits and consequential damage. The preliminary results of the work carried out up to that date will be made available to the Student with reservation.
- If the Student has purchased Guidance Hours and the Student declares the Agreement before all Guidance Hours have been used, no reimbursement of these Guidance Hours will take place, unless there is a situation as referred to in Article 13 of these General Terms and Conditions.
- If the Agreement is prematurely terminated by Afstudeerwijzer, Afstudeerwijzer in consultation with the Student will ensure the transfer of work still to be performed to third parties, unless there are facts and circumstances underlying the termination that are attributable to the Student. If the transfer of the activities for Afstudeerwijzer entails extra costs, these will be charged to the client.
- Afstudeerwijzer is entitled to suspend the fulfillment of the obligations under the Agreement or to dissolve the Agreement if:
- The Student does not fulfill the obligations under the Agreement or does not fully fulfill the obligations under the Agreement;
- After the conclusion of the Agreement Afstudeerwijzer comes to the knowledge of circumstances giving good reason to fear that the Student will not fulfill the obligations from the Agreement. In case there is good reason to fear that the Student will only partially or improperly fulfill his obligations, the suspension is only permitted insofar as the shortcoming justifies it;
- In addition, Afstudeerwijzer is authorized to dissolve the Agreement if circumstances arise which are of such a nature that performance of the Agreement cannot possibly be demanded or to the standards of reasonableness and fairness.
- If the Agreement is dissolved, the claims of Afstudeerwijzer on the Student will be immediately due and payable. If Afstudeerwijzer suspends the fulfilment of the obligations, it retains its rights under the law and the Agreement.
- Afstudeerwijzer is never obliged to compensate any compensation as a result of dissolution of the Assignment or Agreement.
Article 12 Liability
- Afstudeerwijzer and Student enter into consultation with each other on the manner in which the Assignment is being carried out. Although the Assignment is executed to the best of its knowledge, ability and in accordance with the requirements of good workmanship by Afstudeerwijzer, Afstudeerwijzer cannot give any guarantees with regard to the results of the studies it has carried out and the advice provided within the framework of the Agreement. Afstudeerwijzer therefore does not accept any liability in connection with the assessment by the assessing educational institution of the quality (including the grade) of the thesis to be written by the Student himself or herself.
- With regard to the provisions of these General Terms and Conditions, Afstudeerwijzer is only liable for damage as a result of serious shortcomings in the performance of the Agreement, insofar as these are the result of non-observance of the care, expertise, and workmanship. which may reasonably be relied upon in the execution of the work within the framework of the Agreement.
- Afstudeerwijzer is never liable for indirect damage, including consequential damage, loss of profit, trading loss, missed savings and / or stagnation damage, which the Student may suffer due to defects in the performance of the Assignment.
- Afstudeerwijzer is not liable for damage caused by incompleteness or inaccuracy of the information provided by the Student to Afstudeerwijzer.
- If, notwithstanding the liability exclusions set out in paragraphs 1, 2, 3 and 4 of this article, Afstudeerwijzer should be held liable for any damage, then this liability is limited to a maximum of the fee paid by the Student to Afstudeerwijzer over the past 6 months.
Article 13 Force majeure
- The parties are not obliged to comply with any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and not under the law, a legal act or generally accepted for their account.
- Force majeure is understood in these General Terms and Conditions in addition to the relevant provisions in law and jurisprudence, all external causes for which Afstudeerwijzer and / or the Student cannot exert influence, but as a result of which Afstudeerwijzer and / or the Student is unable to meet his or her obligations. Under these circumstances, Afstudeerwijzer counts among other things, but not limited to: measures taken by any government agency, insufficient staffing in case of illness, machine defects (computers included), technical failures and force majeure when data is lost in the broadest sense of the word.
- Afstudeerwijzer also has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after Afstudeerwijzer should have fulfilled her obligations.
- During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the Parties is entitled to dissolve the Agreement, without any obligation to compensate the other Party for damage.
- Insofar as Afstudeerwijzer has already partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of force majeure, and independent value belongs to the part to be fulfilled or to be fulfilled, Afstudeerwijzer is entitled to declare the part already fulfilled or to be fulfilled separately. The Student is obliged to pay this invoice as if it were a separate agreement.
Article 14 Confidentiality
- Both Parties are obliged to keep confidential all confidential information that they have received from each other or from another source within the framework of the Agreement. Information is considered confidential if this has been communicated by the other Party or if this arises from the nature of the information.
- Further provisions regarding the confidentiality and the safeguarding of the privacy of the Student are included in the Privacy Statement of Afstudeerwijzer.
Article 15 Intellectual property and copyrights
- Without prejudice to the other provisions in these General Terms and Conditions, Afstudeerwijzer exclusively reserves the rights and powers that Afstudeerwijzer provides with regard to the services, Assignment and ensuing documents based on intellectual property. These intellectual property rights include: all copyrights, patent rights, trademark and design rights, trade name rights, database rights, domain names and other intellectual property rights in the broadest sense of the word.
- All documents provided by Afstudeerwijzer, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are exclusively intended for use by the Student and may not be reproduced by him or her, made public, or brought to the attention of third parties, without prior written permission from Afstudeerwijzer unless the nature of the documents provided dictates otherwise.
- Afstudeerwijzer reserves the right to use the knowledge gained through the execution of the work for other purposes, in so far no confidential information is brought to the knowledge of third parties.
Article 16 Applicable law, disputes
- Dutch law applies to every agreement between Afstudeerwijzer and the Student.
- Before turning to a judge, Parties will endeavor to arrive at a solution that is acceptable to both Parties
- The judge in the place of residence of Afstudeerwijzer is exclusively competent to take cognizance of disputes.
- Applicable is the last registered version of the General Terms and Conditions or the version of the General Terms and Conditions that applied at the time of the conclusion of the Agreement.
- If one or more of the provisions in these General Terms and Conditions are null and void or become void, the other provisions of these General Terms and Conditions will remain fully applicable.
- Afstudeerwijzer reserves the right to unilaterally change the provisions in these General Terms and Conditions.