General terms and conditions
1. We are committed to carrying out the programs in accordance with the objectives specified with our clients. The client and the consultant undertake to inform all participants and/or operational consultants of these objectives.
2. We are committed to train, coach and advise the participants personally, in accordance with their actual capabilities.
3. We are committed to using a practically oriented, demanding, stimulating, and motivating method for the participants.
4. We are committed to absolute discretion where both participants and clients are concerned.
5. We are committed to informing our clients of all circumstances which could impair the success of the program, in accordance with the discretionary statement under Clause 4.
6. Force majeure
We are committed to strict observance of the agreed dates, except in unforeseeable circumstances when replacement of the consultant is necessary.
7. Intellectual property
7.1.Krauthammer reserves all copyrights as well as all other intellectual property rights to all documentation and materials (including software) it provides to the client. The client obtains the non-exclusive right to use the documentation and materials within its organization and only by those participants who are subscribed for the training program at hand. Regarding materials for training courses and/or the results of services Krauthammer has developed at the client’s special request, Krauthammer may grant the client, by additional contract, an exclusive right of use to the materials and/or results.
7.2.The client may not reproduce, disclose, or modify (part of) the aforementioned documentation and materials without Krauthammer’s prior consent. Without Krauthammer’s prior consent, the client may not make visual or audio recordings of (part of) a program.
7.3.Krauthammer guarantees that the materials for training courses, the results of services it has produced, and/or the use thereof do not infringe on any intellectual property rights of third parties and that the use of these materials and/or results do not otherwise constitute a wrongful act towards thirds parties.
7.4.If Krauthammer has produced materials for training courses and/or the results of services after designs, drawings, and/or other instructions provided by the client, the client guarantees that using these designs, drawings or other instructions for the production of new materials and/or results does not infringe on the (intellectual property) rights of third parties.
8.1.Attendance on the first training day is mandatory in order to be able to follow the training program in the group in question. In the event of absence on the first training day, re-enrolment can take place in new/other groups. For open training courses, transfer/cancellation conditions will apply as per Clause 15/16.
8.2.The participant remains a member of the group in which he/she started. Changing between groups or catching up on missed days in another group is not permitted.
9.1.As proof of successful participation we can provide participants with a certificate, dependent on the type of training, under the following conditions:
9.1.1.for a training up to three days the participant shall attend all days
9.1.2.for a training of four or more days the participant may be absent for one training day
9.1.3. the participant has demonstrated concrete results in the form of oral/written reporting
9.1.4. the participant has participated positively and actively in the project/program
9.1.5. the participant has prepared for the training course in accordance with the assignments issued.
10. Disclaimer pricing
10.1.The fee for the program can change (increase) in the following circumstances:
10.1.1. if the appropriate resources (consultants) for the program are not available in the time frame requested by the client
10.1.2. if the client postpones a program and therefore the originally planned dates cannot be maintained
10.1.3. and if, as a consequence of the aforementioned circumstances, more senior resources need to be put on the program.
11.1 Payment is due on the first day of the program or on the first program activity. Due within 30 days of invoice date / 30 days net invoice date.
11.2 In case client requires a PO order reference, or more PO order references if the client would split the costs (for example splitting the costs for the training and travel expenses), for accepting the invoices from Krauthammer, the client is responsible for communicating all PO order references to Krauthammer within two (2) weeks after signing the agreement. In case the client fails to satisfy any requirements set forth in this clause, the client hereby undertakes to waive all rights from this condition of validation and to process and pay the invoice as provided by the normal payment terms set in article 11.1.
11.3 In the event that payment is made by a third party, the client will still be responsible for the final payment.
11.4 If (specific) local taxes are applicable, the client will inform Krauthammer upfront about the (specific) local tax rules.
12. Travel, accommodation, and special material costs
12.1.Travel costs, travel time, lodging, and meals occurred by our training consultants as well as special material costs will be invoiced separately.
12.1.1. Air travel and travel by high-speed trains: these expenses will be invoiced based on effective costs. If the total travel time for a single journey is within three (3) hours from the departing point, the journeys by airplane and by high-speed train are booked in economy or second class. If the total travel time for a single journey is between three (3) and six (6) hours from the departing point, the journeys by airplane are booked in the economy plus class or first class for high-speed trains. Longer journeys by airplane are booked in business class.
12.1.2. Taxis, trains, buses, car rental, mileage, accommodation, and meals: these expenses will be invoiced separately based on effective costs. Journeys by car will be charged per kilometer.
12.1.3. For the expenses of article 12.1.2 the travel time will be invoiced if the total return travel time exceeds 3 hours (return) per day.
13. Cancellation terms and conditions for all programs
13.1.In the event of cancellation of a program, in whole or in part, by the client the following fee is due:
13.1.1. between the date of signature of the contract and eight weeks before the start of the program: 20% of the fee, being the costs for planning, preparation, organization and administration
13.1.2. between eight and four weeks before the start of the program: 50% of the fee
13.1.3. later cancellation: the full fee.
14. Postponement terms and conditions internal programs (in whole or in part)
14.1.Our clients undertake to inform us at least four weeks in advance of any change in the agreed dates and times.
14.2.After this period, for every postponement, supplementary invoicing will take place equivalent to 50% of the fee of the activity.
14.3.Postponed days must take place within 60 days. Any postponed day not rescheduled will be viewed as cancellation and cancellation fees will be charged based on the initial postponement notification day.
14.4.Only one postponement is allowed per training day. After the first postponement, cancellation rules of article 13.1 will apply.
15. Transfer terms and conditions for open programs
15.1.An enrolment can be transferred by the client free of charge to another training course up to six weeks before the first training day, under the condition that the new training course for which enrolment is made starts within one year after the date of transfer.
15.2.In case of transfer within the period of six weeks before the first training day, 100% of the fee is charged for the training course for which enrolment initially took place. For enrolment for the new training course the following fee is charged:
15.2.1. when transferring between six weeks and one week before the start of the training: 50% of the fee of the new training course
15.2.2. when transferring later or in the event of absence on the first training day: 100% of the fee for the new training course.
16. Postponement or cancellation of open programs by Krauthammer
16.1.If the number of participants for open training courses is not enough to reach the minimum required number for a training group, Krauthammer undertakes to inform the client and to discuss the alternatives at the latest three weeks before the first training day, with one of the following options:
16.1.1. Postpone the start of the training by one or two training days and plan one or two new days at the end of the training.
16.1.2. Cancel the training. If possible an alternative training or different location will be offered. In case of cancellation by Krauthammer, any paid training fees will be paid back to the client.
16.1.3. No indemnification is due to the client for postponement or cancellation occurred as per this Clause 17.
17.1.In concluding an agreement for the performance of work, Krauthammer assumes a best endeavors obligation towards its client rather than an obligation to guarantee a certain result. Krauthammer will not be liable for any loss incurred as a result of incompleteness or inadequacy of any information provided by or on behalf of the client. Liability is accepted only for loss that is the direct result of a breach in the performance of the agreement for which Krauthammer is attributable, and only if and insofar as the loss could have been prevented by means of normal professional skills and normal attentiveness and professional conduct. Krauthammer’s maximum liability will be limited to the fee for the assignment in question, but will not exceed the amount insured under its corporate liability insurance.
17.2.Krauthammer can refuse her services without any liability when the client or the location for the service is part of sanctions imposed by the UN Security Council, the European Union (EU) or individual states, as well clients or locations who are part of a European Council Regulation for autonomous measures.
18. Governing law and competent court
18.1.All legal relationships between Krauthammer and the client are subject to the local law of the specific Krauthammer entity who is participating as a party in the agreement(s) or by the delivering party for the services/program.
18.2.Krauthammer and the client shall attempt to settle any dispute arising from, or in connection herewith, gently and amicably. Disputes between Krauthammer and the client are exclusively tried by the competent judge in Amsterdam (NL), Brussels (BE), Paris (FR), Zürich(CH), Shanghai (CN), or Hamburg (DE) depending on the requesting or involved Krauthammer entity, except if Krauthammer as a petitioner or petitioning party opts for the competent judge in the place of residence or business of the client.