Definitions
The following definitions apply in these terms:
Applicability
2.1 These terms apply to all offers, agreements, and deliveries by the Contractor, unless agreed otherwise in writing.
2.2 Any purchasing or other terms of the Client are expressly rejected.
2.3 Headings above the articles serve reference purposes only and do not form part of the content of these terms.
2.4 If a provision is void or conflicts with mandatory law, the remaining provisions remain fully in effect.
Offers and formation of the agreement
3.1 All offers are non-binding and valid for 30 days from the date of issue, unless stated otherwise in the offer.
3.2 An offer automatically lapses if the offered Service is no longer available, for example when a training is fully booked.
3.3 Stated prices exclude VAT, unless indicated otherwise.
3.4 An Agreement only comes into existence after written confirmation by the Contractor, including confirmation by email. Verbal agreements regarding changes, additions, or cancellations are only binding after written confirmation.
3.5 The Contractor may have work carried out by third parties, such as freelance trainers or consultants, without this affecting the quality of the Service.
Shipping, insurance, and import duties
4.1 This article does not apply when Services are delivered exclusively digitally, such as online course material or access to the learning environment.
4.2 If physical materials are shipped, for example course books, the following applies:
- shipping costs are borne by the Client, unless agreed otherwise;
- the risk of loss or damage during shipping transfers to the Client upon handover to the carrier;
- any import duties on shipments outside the EU are borne by the Client.
Delivery time and force majeure
5.1 Stated delivery times, such as a training start date or the delivery of a consultancy engagement, are indicative and do not constitute a strict deadline, unless expressly agreed otherwise.
5.2 In case of delay, the Contractor will consult with the Client; delay alone does not give rise to a right to compensation.
5.3 Force majeure means any circumstance beyond the Contractor's control that temporarily or permanently prevents performance, including illness of the trainer or consultant, hosting or other IT infrastructure outages, internet disruptions, government measures, and force majeure on the part of suppliers.
5.4 During force majeure, obligations are suspended. The Contractor will report the force majeure situation as soon as possible. If the force majeure lasts longer than 30 days, either party may dissolve the Agreement without liability for damages.
Additional work
6.1 Changes or additions to the Agreement at the request of the Client may result in additional work.
6.2 Additional work is confirmed in writing by the Contractor in advance, stating the extra costs and/or time, and is treated as an additional assignment to the original Agreement.
Payment
7.1 Payment is due within 14 days of the invoice date, unless agreed otherwise.
7.2 If the payment term is exceeded, the Client is in default by operation of law and statutory (commercial) interest is due from the due date.
7.3 If the Client fails to pay within the period stated in a reminder, the Contractor may charge extrajudicial collection costs in accordance with Dutch law (WIK), with a minimum of €40.
7.4 Payments received are first applied to interest and (collection) costs due, and then to the oldest outstanding invoice.
7.5 Before starting or continuing performance, the Contractor may require sufficient assurance of payment, for example an advance payment for larger consultancy engagements.
7.6 The Contractor may terminate or suspend the Agreement with immediate effect if the Client is declared bankrupt, applies for a suspension of payments, or repeatedly pays late.
7.7 For consultancy engagements, the Contractor may invoice per milestone, for example at the start, midway, and upon delivery.
Retention of title
8.1 Delivered physical goods remain the property of the Contractor until the Client has paid in full.
8.2 The same applies to digital Services: access to the learning environment, course material, certificates, and delivered consultancy documentation is only granted permanently after payment in full. In case of late payment, access may be suspended or revoked.
Warranty
9.1 The Contractor will make reasonable efforts to perform the Services with the necessary skill and care, in accordance with the standards of good workmanship.
9.2 No obligation of result applies to training, for example passing a certification exam, only an obligation of effort to deliver quality training.
9.3 Complaints about the performance of a Service must be reported in writing as soon as possible and no later than 14 days after discovery.
9.4 If a complaint is found to be justified, the Contractor will, at its own discretion, perform the Service again (in part) or offer suitable compensation, unless this has become pointless for the Client.
Intellectual property
10.1 All intellectual property rights to materials provided by the Contractor — course material, consultancy reports, documentation, and where applicable source code — rest with the Contractor or its licensors, unless agreed otherwise in writing.
10.2 The Client receives a non-exclusive, non-transferable right of use to the provided materials, solely for internal use and for the agreed purpose.
10.3 The Client is not permitted to reproduce, publish, or resell course material or consultancy documentation to third parties without the Contractor's prior written consent.
10.4 If source code or custom work is developed specifically for the Client within a consultancy engagement, the parties may make separate arrangements regarding ownership of the IP rights, to be recorded in writing.
Confidentiality
11.1 Both parties will keep confidential all confidential information they receive from each other in connection with the Agreement, including company data, source code, customer data, and internal working methods.
11.2 This confidentiality obligation remains in effect after the end of the Agreement.
11.3 Confidentiality does not apply to information that was already public, was lawfully obtained from a third party, or must be disclosed by law.
Assignment of the agreement
12.1 The Client may not transfer rights and/or obligations under the Agreement to a third party without the Contractor's prior written consent.
12.2 Cancellation of the Agreement by the Client is done in writing and is only possible after express written consent from both parties, without prejudice to the right of withdrawal for consumers under article 15.
Liability
13.1 The Contractor is only liable for direct damage that is the direct result of an attributable shortcoming, up to a maximum of the amount invoiced for the relevant Agreement or, in the case of ongoing agreements, the amount over the last 3 months.
13.2 The Contractor is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.
13.3 The Client indemnifies the Contractor against claims from third parties related to the Client's use of provided advice, code, or training material.
13.4 The limitation of liability does not apply in the event of intent or deliberate recklessness on the part of the Contractor.
13.5 Payment of compensation by the Contractor or its insurer constitutes full and final settlement of the relevant damage.
Disputes
14.1 The parties will first attempt to resolve disputes through mutual consultation.
14.2 If the parties fail to reach a solution, the dispute will be submitted to the competent court in the district where the Contractor is based, unless mandatory law provides otherwise.
14.3 Dutch law applies to all Agreements.
Right of withdrawal (consumers only)
15.1 This article only applies when the Client is a natural person not acting in the exercise of a profession or business ("Consumer").
15.2 The Consumer may withdraw from the Agreement without giving reasons within 14 days of concluding the Agreement (for services) or after receipt (for physical products).
15.3 To withdraw, the Consumer must notify us within that period via an unambiguous statement, for example by email to hello@laravel-academy.com. Use of a model withdrawal form is permitted but not required.
15.4 Exception — digital content and services already started. The right of withdrawal lapses if:
- performance of the Service, such as a training or consultancy engagement, has begun before the end of the withdrawal period with the Consumer's express prior consent, and the Consumer has declared that they thereby lose the right of withdrawal; or
- it concerns digital content not supplied on a tangible medium, such as direct access to online course material, where performance began with the express prior consent and acknowledgement of the Consumer.
15.5 In case of timely withdrawal, the Contractor will refund all payments received from the Consumer without delay, and in any case within 14 days of the withdrawal, using the same payment method the Consumer used, unless agreed otherwise.
15.6 If the Consumer expressly requested that performance begin before the end of the withdrawal period and subsequently withdraws, the Consumer owes an amount proportional to the part of the Service already delivered at that time.
Final provisions
16.1 If a provision of these terms is void, the remaining provisions remain fully in effect.
16.2 The Contractor may unilaterally amend these terms; amended terms will be published on the website.
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