These terms and conditions apply to all offers and agreements with Ehealthspecialists regarding courses from www.ehealthspecialists.com.
Article 1 – Definitions
In these conditions the following terms have the following meanings:
Ehealthspecialists: is located at (1017 BR) Amsterdam in Herengracht 437-A, registered in the trade register of the Chamber of Commerce under number 77882253, which offers under the trade name Ehealth specialists.
Course: an education, course or training of Ehealth specialists that is given via an electronic communication network (online), in the form of a webinar or video-on-demand.
Student: the natural person who has the right to follow a Course under the Agreement.
Customer: the natural or legal person, acting for purposes related to his trade, business, craft or profession, who concludes an Agreement with Ehealthspecialists.
Agreement: the agreement between Ehealthspecialists and Customer regarding a Course in any form and concluded in any way.
Conditions: these general conditions.
Article 2 – Identity of Ehealthspecialists
Name of user: Ehealthspecialists
Business address: Herengracht 437-A, 1017 BR Amsterdam
Telephone number: 00316-43548616
Accessibility: Monday to Friday from 9 am to 5 pm
Email address: firstname.lastname@example.org
Chamber of Commerce number: 77882253
VAT number: NL861183526B01
Article 3 – Applicability and amendment of Conditions
- The Terms and Conditions apply to all offers from Ehealthspecialists and all Agreements between Ehealthspecialists and the Client. The Conditions also apply to follow-up agreements, additional agreements and new agreements with the Client. The Terms and Conditions are easily accessible electronically on the website of Ehealthspecialists and will be sent free of charge upon request.
- Conditions applied by the Client or the Student are expressly rejected by Ehealthspecialists and are not part of the Agreement, unless Ehealthspecialists has expressly accepted these conditions in writing.
- Ehealthspecialists is entitled to change the Conditions. Changes to the Conditions also apply to existing Agreements. Ehealthspecialists will announce changes to the Conditions prior to entry into force via its website and newsletters. The amended Terms and Conditions will take effect two weeks after the announcement, or as much later as stipulated in the announcement.
Article 4 – Offers and conclusion of the Agreement
- Offers from Ehealthspecialists are an invitation to make an offer and can therefore not be accepted. In a legal sense, the Client makes the offer by submitting a registration in writing on the basis of an offer for a Course in one of the ways made available by Ehealthspecialists.
- The Agreement is concluded by written acceptance by Ehealthspecialists of the registration. Ehealthspecialists can impose requirements on the Student for admission, such as with regard to the previous education and / or experience. Ehealthspecialists have the right to refuse registration at any time.
- For the application of the Conditions, an electronic message is equated with a written message.
- Articles 6:227b paragraph 1 en 6:227c of the Dutch Civil Code are excluded from application.
Article 5 – Price, billing and payment
- Payment for the Course is made at the price stated at the time of the conclusion of the Agreement. All prices used by Ehealthspecialists are exclusive of VAT.
- Ehealthspecialists can change the prices. Changed prices are valid from the moment they are mentioned.
- Payment by the Client must be made to the bank and / or giro account designated by Ehealthspecialists, unless (advance) payment has been made via credit card, iDEAL or other method permitted by Ehealthspecialists.
- Exceeding a payment term by the Customer leads to default without the need for notice of default. Ehealthspecialists is entitled to charge default interest of 1% on the outstanding amount per month or part thereof if the payment term is exceeded, unless the statutory commercial interest is higher, in which case the statutory commercial interest is due. The Client is liable for all judicial and extrajudicial costs (including attorney’s costs) that Ehealthspecialists incur for the collection of invoices, with a minimum of 15% of the outstanding invoice amount including interest owed.
- The customer is not authorized to suspend his payment obligations. The Client is not permitted to set off any payment obligation towards Ehealthspecialists, for whatever reason, against a claim of the Client against Ehealthspecialists.
- Ehealthspecialists is entitled to suspend fulfillment of any obligation, including, but not limited to, granting a Student access to a Course, towards the Client as long as the Client does not fulfill all his (payment) obligations towards Ehealthspecialists, for whatever reason, has satisfied. Ehealthspecialists are not liable for damage resulting from the exercise of a right of suspension.
Article 6 – Cancellation and changes
- The Client can cancel a registration for a Course in writing up to 5 working days before the start of the Course, free of charge and without giving reasons, after which Ehealthspecialists will refund the paid course price to the Client within 14 days. If a registration is canceled within 5 working days before the start of the Course, the Client will owe the full price of the Course.
- The Customer is not entitled to a refund of the course price if a Participant is unable to participate in a Course. Ehealthspecialists do not discount the price of a Course if a Student only partially follows a Course.
- Ehealth specialists can specify a minimum number of participants when offering Courses. If this number is not reached, Ehealthspecialists is entitled to cancel the relevant Course no later than two working days before the start due to insufficient participation and to refund the paid course price to the Customer, without being obliged to pay any compensation to the Customer or the Student.
- Ehealthspecialists reserve the right to replace announced teachers and / or change the date or time of a Course. In such a case, Ehealthspecialists will inform the Client in a timely manner. The Client has the right to cancel the registration in writing free of charge if the teacher or the Course is changed to another date or time. In that case, Ehealthspecialists will refund the paid course price to the Client within 14 days.
- In the absence of a teacher or any other reason why a Course cannot proceed, Ehealthspecialists will cancel the Course and refund the course fee paid to the Client, without being obliged to pay any compensation to the Client or the Course Member.
Article 7 – Participation in a Course
- Taking a Course requires the use of an account at www.ehealthspecialists.com. The student is obliged to provide his own name when creating the account. The Participant is not allowed to have his account used by third parties or made available to third parties. The student will keep the password of his account secret. If the Student has the impression that someone else is using his account, he will immediately report this to Ehealthspecialists.
- The Participant will take care of the equipment, software, a properly working internet connection and adequate security and virus protection of his (computer) systems in time to be able to follow the Course via www.ehealthspecialists.com. The student will also ensure that the settings required to follow the course are used. The Ehealthspecialists website lists the settings required to take a Course.
- Ehealthspecialists do not guarantee that this software is error-free, will work without interruption or that defects in software will be corrected immediately. Ehealthspecialists will endeavor to provide Courses without interruption, but cannot guarantee that no technical failures will occur.
- Ehealthspecialists can in no way be held liable for a defective connection and other inconveniences when following a Course if the Participant does not comply with the provisions and / or technical instructions of employees of Ehealthspecialists that are not included in this article.
Article 8 – Use of Courses
- Courses given as a webinar are live and cannot be reviewed.
- Courses offered as video-on-demand are available for use in the Student’s account at www.ehealthspecialists.com for 4 weeks after enrollment. The Client is not entitled to a refund of the course price if the Student does not use the Course within this period.
- Course material is exclusively for personal use or use within the Client’s organization and will under no circumstances be used commercially. The Client and the Student are not permitted to reproduce, make public or change all or part of the course material supplied and / or made available for use without the prior written permission of Ehealthspecialists, unless and insofar as this is expressly based on the Agreement. , the Conditions or mandatory law is allowed.
- The Client and the Participant are not permitted to change or have any indications of the trade name of Ehealthspecialists and other indications of the origin of the course material of a Course changed or removed .
Article 9 – Complaints
- Complaints about the services of Ehealthspecialists can be submitted in writing via the contact form on www.ehealthspecialists.com.
- Ehealthspecialists will contact the Customer within five working days of receipt of a complaint to discuss the complaint, or arrange for a written substantive response.
- Ehealthspecialists strives to reach a joint solution at all times.
- Submitting a complaint does not suspend the Client’s payment obligation.
Article 10 – Privacy
Article 11 – Force majeure
- In accordance with the provisions of Section 6:75 of the Dutch Civil Code, a shortcoming cannot be attributed to Ehealthspecialists in the event of any circumstance independent of the will of Ehealthspecialists, including war, danger of war, mobilization, riot, (work) strikes or exclusions, fire, flood. , illness and / or accident of its personnel, computer failures, business interruptions and reduced production, a shortage of raw materials or packaging materials, transport delays, judicial intervention, import restrictions or other restrictions imposed by the government, as well as any other preventive circumstances that do not depend solely on the will of Ehealthspecialists, such as non-delivery or late delivery of goods and services from third parties engaged by Ehealthspecialists.
- In such a case, the obligations of Ehealthspecialists are suspended. Only after a period of six months has elapsed do Ehealthspecialists and the Client have the authority to dissolve the agreement in whole or in part. Suspension and dissolution do not lead to any obligation to pay compensation, even if Ehealthspecialists enjoy any advantage as a result.
Article 13 – Liability
- Although the utmost care is taken with regard to the content of Courses and course material, Ehealthspecialists cannot guarantee the absence of errors or the completeness of Courses and course material.
- Ehealthspecialists is not liable for consequential damage of the Client or Student, including, but not limited to, loss of profit, image damage and third-party claims.
- The liability of Ehealthspecialists is limited to direct damage of the Client or Student and to a maximum of the amount that will be paid in the relevant case under the insurance of Ehealthspecialists, increased by the deductible that, in accordance with the policy conditions of this insurance, is payable in the relevant case. Ehealth specialists are coming. The claim for payment of compensation from the Client is only due and payable after the insurance company of Ehealthspecialists has paid out.
- If no payment should take place under the insurance referred to in the previous paragraph, for whatever reason, the liability of Ehealthspecialists is limited to the total of the amounts invoiced to the Client in the past 3 months, with a maximum of € 1,000.
- The limitation of liability of Ehealthspecialists does not apply if there is intent or deliberate recklessness on the part of Ehealthspecialists.
Article 14 – Intellectual property rights
- All intellectual property rights, including, but not limited to, copyrights, design rights, database rights, trademark rights, trade name rights and patent rights, and other rights in and related to software and services of Ehealthspecialists, Courses, the course materials used in Courses and related know-how , are vested in Ehealthspecialists and its licensors.
- Ehealthspecialists grants the Participant a non-exclusive, non-transferable and non-sublicensable right to use his account on www.ehealthspecialists.com and the facilities provided for following Courses.
- Ehealth specialists or its licensor (s) may take technical measures to protect their intellectual property rights. The Client and the Student may not remove, evade or circumvent this protection. Ehealth specialists and its licensor (s) may, insofar as reasonably necessary for the enforcement of intellectual property rights, impose (temporary) restrictions on the scope of the right of use or the type of equipment on which a Course can be taken.
- It is not allowed to upload, hack or spam viruses or harmful codes, nor to send Ddos attacks.
- Nothing in the Agreement or the Terms can be interpreted as a transfer of intellectual property rights.
Article 15 – Termination of the Agreement
- Ehealthspecialists can dissolve the Agreement in whole or in part in writing without notice of default and without owing any compensation or payment, with immediate effect.
- The provisions of the previous paragraph do not affect the possibility of termination under the law.
- In the event of termination of the Agreement, all obligations of the Client to Ehealthspecialists are immediately due and payable.
- Ehealthspecialists is at all times entitled to terminate the Agreement with a notice period of one month, unless otherwise provided in the Agreement.
Article 16 – Applicable law and competent court
- Dutch law applies to the Agreement. Application of the Vienna Sales Convention is excluded.
- All disputes arising from or related to the Agreements will only be brought before the court of the Amsterdam District Court.
Article 17 – Other provisions
- If a provision of the Conditions is or becomes ineffective in whole or in part, the other provisions remain in full force. In that case, the non-binding provision is deemed to have been replaced by a provision that is binding and which deviates as little as possible from the content and purport of this provision.
- Ehealthspecialists is authorized to transfer its rights and / or obligations under the Agreement concluded with the Client to subsidiaries and / or group companies, or to successors in title, through which transfer Ehealthspecialists will be released from its obligations to the Client. The customer is obliged to provide all necessary cooperation for the transfer referred to at the first request of Ehealthspecialists.
- Client’s rights under the Agreement cannot be transferred without the prior written consent of Ehealthspecialists. This provision has property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.