Terms and conditions
These provisions apply to all legal relationships between Geniozz and its clients concerning work to be
carried out by Geniozz for the client including an offer made by Geniozz for the performance of work.
All offers and proposals are free of engagement and will only be made in writing. The approximate duration
of the work will be stated, unless a final date of delivery is explicitly agreed at client’s request.
The client can terminate the agreement if Geniozz does not deliver or not on time. In that case termination
takes place by registered letter and is only possible after Geniozz has been notified of default and given a
reasonable term to observe its obligations. The termination only applies for the part for which no (timely)
delivery has yet taken place. In that case client is required to pay for the work which was performed and if
the shortcoming in the delivery is not attributable to Geniozz, to pay the full order sum.
II. Invoice and payment
Client shall pay all invoices in accordance with the payment conditions stated in this article and on the
invoice, unless both parties have agreed on specific other terms for the relevant project. If specific
conditions are not stated, Client shall pay within thirty days of the invoice date. The order sum shall be paid
• If the order sum is less than €10,000, the order sum shall be paid in one payment after delivery has
taken place or the service has been performed;
• If the order sum is €10,000 or more, but less than €50,000, 50% of the order sum shall be paid when the
order is placed and 50% after delivery has taken place or the service has been performed;
• If the order sum is €50,000 or more, parties shall agree on a payment schedule, in which at least one
amount of €25,000 will be paid when the order is granted.
If an invoice is not paid within the agreed term, the client owes interest of 1% per month from the day on
which it defaults until the day of full payment of the invoice(s) to supplier. If the client still fails to pay the
amount owed including interest after notification of default, Geniozz is entitled to increase this amount
with collection costs, judicial and other recovery costs, including the costs of counsel and other incurred
III. Suspension of delivery
Geniozz is entitled to suspend the delivery or the performance of services to client until client has met its
payment obligations. The client waives all rights to invoke discount, debt comparison or compensation.
IV. Intellectual property
All intellectual or industrial property rights on all goods and services developed, made available or delivered
for the order rest exclusively with Geniozz or its licensors, unless explicitly agreed otherwise. The goods and
services may only be used for the purposes for which they are intended. Client shall not reproduce material
or make copies of it unless this has been explicitly agreed with Geniozz in writing. If information carriers are
used (including video tapes, DVDs, CD ROMS, drawings, etc) for the performance of an order, only the right
of use to these information carriers is acquired. The information carriers remain Geniozz’s property unless
explicitly agreed otherwise. If a client acts in violation of copyright it shall forfeit a fine per violation
equivalent to the value of the order plus an increase of 100% of that amount and this amount shall be
forfeited and shall have to be paid immediately without further notification of default, as referred to in the
above, all this without prejudice to our right to charge the actually suffered damages, increased by any
interest and costs. If materials of the client are used in an order, this material shall not be used for other
purposes except for its intended use and after use will be returned to the client at first request. If this
material is lost, however, the client has no right to damages, unless this can be attributed to intent or gross
negligence by us or by staff working at Geniozz.
Where applicable all information in any form shall be handled confidentially by Geniozz. All information
provided by Geniozz must be handled in the same manner.
V. Purchase conditions
Any purchase terms and conditions of purchasers, which contradict these delivery and payment terms and
conditions are explicitly rejected by Geniozz and do not apply unless agreed otherwise in writing.
VI. Legal relations
Without prejudice to these conditions “The New Rules 2005 Legal relationship client-architect, engineer and
consultant DNR 2005” from ONRI, the Dutch association of consulting engineers, apply to all legal relations
between Geniozz and its clients.
All disputes and collection measures about the agreements concluded with Geniozz, excluding all other
provisions, will be presented to the court having jurisdiction in the District of Alkmaar or in the place of
residence/registration of the client, such at Geniozz’s discretion.
VIII. Report disclaimer
Geniozz has taken much care in composing their reports and has conducted the investigation based on the
current techniques, knowledge and experiences. Reports from Geniozz are exclusively meant for and
directed to the ordering customer of Geniozz. Appendices added to their reports form an integral part of
the reports and cannot be used independently. Reports from Geniozz have been composed in such a way
that it renders the ordering customer optimal clarity and enables the customer to improve his business
processes. Findings in their reports are therefore not suitable for publication for third parties. Third parties
can therefore not derive rights from their reports nor the incorporated investigation results. The ordering
customer is responsible for the use of the information from their reports. Geniozz accepts no responsibility
and the ordering customer safeguards Geniozz against damage of any kind to the ordering customer and/or
third parties that can originate because of using their reports. The ordering customer shall not summon
Geniozz, her employees and third parties engaged by Geniozz as witnesses, experts or otherwise in
procedures related to the subject of their reports.
1. Client: a natural or legal person or identity with who it has been agreed upon to participate in
training to be performed by Geniozz.
2. Trainee: a natural person who is participating on behalf of the Client in a training course to be
performed by Geniozz.
3. Training: A training course, workshop, coaching‐route, counselling, assessment or any other
gathering with the objective of instructing participants to increase their knowledge and/or skills.
4. ‘Open training’: ‘Open training’ can be characterised by the participation of various trainees of
different companies and/or organisations.
5. ‘In-company’ training: ‘In-company’ training can be described as training for participants of the
same company and/or organisation.
6. Terms: the below mentioned general terms.
1. These general terms of payment and delivery are applicable to all tenders, general offers, legal
acts, agreements, quotations, etc. of Geniozz even when these tenders, general agreements, legal
actions, etc. are related to and/or are the result of offers already agreed upon.
2. Changes and/or replacements regarding the general terms should be confirmed explicitly and in
writing by the Client.
3. A registration as mentioned in article 3 part one or the acceptance of an agreement as mentioned
in article 4 part two, implies acceptance of the applicability of these terms.
4. The General terms of payment and delivery of the Client are not applicable as far as they conflict
with the terms of payment and delivery as laid down by Geniozz.
3. Registration for open training
1. The Client can register for open training as arranged by Geniozz in the following ways: by means of
registration through the website www.geniozz.com, by sending in the registration form fully
completed by post, by telephone notification, or by registration by e‐mail through the following
2. Geniozz always sends the Client a written confirmation of the registration as mentioned before, by
e‐mail, post or otherwise.
3. After the sending of this confirmation, the agreement regarding participation in the training has
been set. A confirmation can also been agreed upon by other means. This confirmation covers the
contents of the agreement unless proven otherwise.
4. A maximum number of trainees per training is applicable. Registrations will be accepted in the
sequence of receipt.
4. Agreement regarding ‘In-company training’
1. Regarding “In-company training”, the Client will request a tender from Geniozz.
2. This tender for participating in “In-company training” is agreed upon by mutual acceptance.
3. The content of the tender is treated as an agreement. A deviation in the acceptance of the
agreement will be a rejection of the original agreement as well as an invitation to draw up an
5. Prices of open training
1. By registering via a registration form or by telephone, training prices as mentioned in the most
recent training leaflets which are distributed by Geniozz apply, these prices also apply, should the
Client have been informed otherwise.
2. Prices as mentioned in a mailing apply, when registration for the training has been sent in by
means of a registration form, by mail.
3. Prices which are mentioned on the website www.geniozz.com apply for registration by means of a
registration form on the internet or by submission by e‐mail and/or electronic post at the time of
4. Training prices include the cost of training materials, unless mentioned otherwise.
5. Training prices include the cost of the training venue, lunch, as well as refreshments (coffee, tea,
water), unless mentioned otherwise.
6. Training prices do not include the cost of overnight accommodation, travel costs, as well as any
other costs incurred by the trainee, unless mentioned otherwise.
7. Obligatory accommodation can be part of the training. These additional costs are not included in
the training fee.
8. Should Geniozz handle the coordination of additional training costs, which are not included in the
training fee, these costs will be charged to the Client at cost plus a 5% administration fee.
9. Prices can be adjusted should unforeseen circumstances occur.
10. Prices will be adjusted accordingly should the VAT system or VAT amount change.
6. Prices of 'in-company' training
1. Training prices as mentioned in the agreement are only valid during the duration of the agreement.
2. Training prices as mentioned include the cost of training materials, unless mentioned otherwise.
3. Training prices as mentioned exclude the cost of the training venue, lunch and refreshments
(coffee, tea, water), unless mentioned otherwise.
4. Training prices as mentioned do not include the cost of overnight accommodation, travel costs, as
well as any other costs incurred by the trainee, unless mentioned otherwise.
5. Obligatory accommodation can be part of the training. These additional costs are not included in
the training fee.
6. Should Geniozz handle the coordination of additional training costs, which are not included in the
training fee, these costs will be charged to the Client at cost plus a 5% administration fee.
7. When VAT applies, mentioned prices are excluding VAT and will be charged including VAT.
8. Prices can be adjusted, should unforeseen circumstances occur.
9. Prices will be adjusted accordingly should the VAT system or VAT amount change.
1. After the training registration as mentioned in article 3 or after acceptance of the quotation as
mentioned in article 4, Geniozz will send an invoice about the training services to the Client.
2. Final payment by the Client will take place within 30 days after the date of invoice, but at least
before the start of the first training day without any right for discount or settlement, by means of
remitting the amount to a bank account number designated by Geniozz. For credit card payments
an additional amount of 5% is applicable as an administration fee.
3. Should the Client not have paid the total amount, as mentioned in part 2 of this article, before the
start of the training, the Client will be held responsible by law for the settlement of the invoice.
Without further notice, the Client is obliged from the maturity date of the invoice until the date of
the full settlement of the mentioned invoice to pay an interest fee of 1% per month of the total
outstanding amount, by which a part of a month will be treated as month.
4. Should the Client not fully pay the invoice, any costs involved for Geniozz will be charged to the
Client. These costs involve all legal and non-legal costs, e.g. costs for the collection of debt, legal
counselling and/or the cost of lawyers. The extrajudicial cost will consist of at least 15% of the total
5. Should the full amount of the invoice not have been received by Geniozz before the start of the
Training, the Trainee has no right to participate in the Training, regardless the Client is obligated to
pay the total Training fee plus extra additional cost, should these apply, without delay.
8. Change of training date of ‘In-company training’ by the Client
1. Through mutual consultation the training date or parts of the training dates, on which an ‘In-
company training’ takes place, can be changed without additional cost up until four weeks before
the actual start of the training or part of the training. 25% of the total training fee may be charged
should the training date be changed less than four weeks but more than two weeks before the
date planned. Should the training date be changed less than two weeks before the start of the
training 50% of the total training cost may be charged.
2. A request for a change of a training date should be sent to Geniozz by the Client in writing.
9. Cancellation of training by the Client
1. Up until four weeks before the start of the training, the Client can cancel participation free of
charge. Any amount that has already been paid will be returned to Client (full refund).
2. When cancellation takes place less than four weeks but more than two weeks before the planned
start date of the training, 50% of the total amount will be charged as a cancellation fee. 75% will be
charged when the cancellation takes place less than two weeks before the planned start date of
the training. In that case the Client has no right to a refund of any amount already paid.
3. After cancellation by the Client any additional costs, for which Geniozz handles the coordination,
will be fully charged to the Client upon the cancellation of the training, at cost plus a 5%
10. Cancellation by the Trainee
1. Should the trainee not be able to take part in the training, replacement by another trainee is
possible, provided the trainee is registered by Geniozz at least one week before the first training
day. For this replacement no extra cost will be charged.
2. On request a trainee who is not able to participate in the training can be booked on to the same
training on another date. For such a re‐booking made more than one week before the first training
day an administration fee of € 50.‐ ex VAT will be charged. For such a rebooking made less than
one week before the first training day an administration fee of 50% of the total training price will
be charged, with a minimum amount of € 50.‐ ex VAT.
3. Re‐booking of a trainee is only allowed once per trainee per training.
11. Cancellation of the training by Geniozz
Geniozz reserves the right to cancel the training at least three days before the first training day. The
Client will be informed immediately upon cancellation. Geniozz will restitute the amount already paid
by the Client for the cancelled training. If possible, Geniozz will offer an alternative training date.
Should the Client agree with this date, the training fee will not be restituted by Geniozz
1. Geniozz cannot be held responsible for any harm which occurs during or in relation with training
participation of a training offered by Geniozz or a cancellation of a training agreement by Geniozz
unless Geniozz can be charged with gross negligence.
2. Should Geniozz at any moment, despite the fact mentioned in article one, be responsible for any
damage, loss or harm, the cost of this damage, loss or harm will be limited to the maximum
amount of the training invoice sent to the Client.
3. Indirect loss, damage or harm will not be reimbursed.
13. Intellectual ownership
1. The Client will be the owner of the training manuals as supplied during the training by Geniozz. The
rights of the intellectual property as well as the training materials and/or other parts or products
regarding the training given will be reserved by Geniozz.
2. Without the prior written agreement of Geniozz the Client is not allowed to reveal, explore, or
copy the offered training materials or parts or summaries of the training manuals in any way.
14. Replacement of trainer or lecturer
Geniozz always has the right to replace a trainer or lecturer who is appointed by Geniozz to conduct
All trainees who have completed the training with success will be granted a certificate. A final
exam can be part of the training.
16. Applicable rights
1. In all agreements, general offers, legal acts, etc. of Geniozz, as well as agreements between
Geniozz and the Client, Dutch law is applicable. Dutch law also applies should an agreement be
performed partly or completely abroad, or should any legal party have a residence abroad.
2. All disputes between parties with reference to agreements or orders, general terms of payment,
etc. on which these conditions apply or with reference to agreements which are part thereof, will
be brought before a jurisdiction in Amsterdam, The Netherlands, unless the applicable law says
3. Parties will only take legal action after they have done the utmost to settle the disagreement with
17. Place and changes in general terms of payment and delivery
1. The terms as filed on the most recent date, are the terms applicable, as well as the version as
applicable during the time of the realisation of the legal relationship between Geniozz and the
2. The Dutch text of the legal terms of payment and delivery is always applicable regarding