1. Applicability

1.1 The THE DUTCH ONLINE ACADEMY General Terms and Conditions (“Terms”) apply to all Agreements between THE DUTCH ONLINE ACADEMY, having its registered seat at Omval 37, 1096 AA, Amsterdam (“The Dutch Online Academy”) and any (legal) person (“Student”) purchasing course(s), training, classes, or similar services (“courses” and “lessons”) for its own or its employee’s behalf. 2. Term of Agreement 2.1 The Agreement starts of the date that the Student wishes to participate in a Course or Lesson: (i) the Student meets the entry-level requirements as stated in section 3.1 (ii) receives the Terms and Conditions and (iii) pays the fee for a course or lesson to THE DUTCH ONLINE ACADEMY. The enrolment forms, together with these Terms, are hereinafter to be referred to as “Agreement”. 3. Courses 3.1 Courses provided by THE DUTCH ONLINE ACADEMY are divided into proficiency levels which may require a Student to have reached an entry-level before being admitted to such Course. Admittance to the Course (other than starting level) the Student has enrolled to, is conditional upon the Students insight of his or her level. A Student can always discuss his or her learning history with the teacher by email, before finishing the enrollment. 3.2 Language levels (A1, A2, B1, B2, C1) are universal. It is possible to, in consultation with THE DUTCH ONLINE ACADEMY switch between courses. THE DUTCH ONLINE ACADEMY shall honor such request in case all of the following apply: (i) The second lesson of the current Course has not taken place yet; and; (ii) the Student has not requested for a transfer previously; and (iii) there’s the capacity to fit the Student in the class for the proficiency level the Student has requested;(iv) the requested course has the same price (v) the Student has reached the entry-level of the requested proficiency level and (vi) the Student is able to adapt to the new schedule. If a second transfer is requested a €15,- administration fee will be charged to the Student. Transfers later than the start of the second lesson are considered upon request. 3.3 In principle, Courses take place via Zoom or Skype. The means of conversation will be communicated in the presentation of the course. 3.4 Students may request to be transferred to a later session during the term of the Course the Student has enrolled for reasons within the student’s control, as opposed to reasons beyond the student’s control as stated in 5.4. These reasons can include but are not limited to: work schedule, travel, vacation, personal reasons. Before the start of the course, this request will be granted free of charge. If this request is made after the first but before the third lesson, there is an additional fee of €15. If this request is made after the third session there can be no transfer to a later session. 3.5 The Student’s inability to attend a class (or entire Course) is at risk of the Student and THE DUTCH ONLINE ACADEMY shall have no obligation to refund any (part of) Course Fees. 3.6 Classes may take place on public holidays. All Course dates are communicated online prior to the Student enrollment and therefore the Students assume responsibility for the selection of the Course including its Course dates. 4. Prices and Payment conditions 4.1 Save for typographical mistakes (normal prices vary between € 20 and € 200 - except the Book Club which is less and paid per session), the prices listed on The Dutch Online Academy website are the prices for said Courses and Lessons (“Course Fee”). All prices stated on the website are in EURO and are inclusive of VAT. 4.2 All fees due to THE DUTCH ONLINE ACADEMY, for Courses to be attended by the Student, must be paid prior to the start date, but no later than 30 days from the date of submission of the enrollment form, by wire transfer to THE DUTCH ONLINE ACADEMY bank account (NL92ABNA0445910232) under the reference of THE DUTCH ONLINE ACADEMY. 4.3 THE DUTCH ONLINE ACADEMY shall provide invoices to Students representing a legal entity. 5. Cancellation 5.1 The student may cancel the course up to 7 days before the start of the course and receive a full refund. 5.2 Notwithstanding the Student’s right under section 5.1, the Student may request cancellation of its subscription to a Course by submitting such a request in writing (by post or e-mail) to THE DUTCH ONLINE ACADEMY. Acceptance of such a termination request shall be at THE DUTCH ONLINE ACADEMY sole discretion. 5.3 In the event of circumstances beyond the Student’s reasonable control (such as illness which permanently inhibits a student from participating in the Course, an accident or death) the Course Fee will be reimbursed, upon receipt of a written request for cancellation and the Student has provided valid evidence of such occurrence, on a pro-rata basis. 5.4 THE DUTCH ONLINE ACADEMY reserves the right to cancel any scheduled Course up to 24 hours prior to the scheduled start of such Course in case the number of enrolled Students for such course falls below the threshold for such Course. In such a case, THE DUTCH ONLINE ACADEMY shall give the Student the opportunity to select either a refund or to enroll in another Course. THE DUTCH ONLINE ACADEMY maintains the following thresholds: (i) Conversation courses start with a minimum of three students; and (ii) Book Club meetings with a minimum of four students. 5.6 Save for THE DUTCH ONLINE ACADEMY aforementioned right to cancellation, THE DUTCH ONLINE ACADEMY may postpone the Course up to 24 hours prior to the scheduled start of the Course. In this case, the Student will be given the opportunity to enroll in a different course or receive a full refund of the Course Fee. 5.7 Refunds are wire transferred from THE DUTCH ONLINE ACADEMY bank account within 5 workdays of receipt of communication and/ or proof concerning section 5. 6. Communication, Confidentiality and Service Level 6.1 All notices, under the agreement, to THE DUTCH ONLINE ACADEMY are to be made either by post addressed to THE DUTCH ONLINE ACADEMY at Omval 37, 1096 AA, Amsterdam or via e-mails to info@thedutchonlineacademy.nl. 6.2 THE DUTCH ONLINE ACADEMY shall respond to all communication received either by post, e-mail, or phone which requires a response within 5 workdays from receipt of such communication. 6.3 THE DUTCH ONLINE ACADEMY shall only use the Students personal information solely for the following purposes: (i) to carry out its obligations under the agreement (ii) commercial offerings from THE DUTCH ONLINE ACADEMY (not from any other third party) and (iii) any other communications from THE DUTCH ONLINE ACADEMY relevant for the Student. 6.4 Upon the Students written request, THE DUTCH ONLINE ACADEMY shall cease to send the Student any other communication than strictly necessary to carry out its obligations under the agreement. 6.5 THE DUTCH ONLINE ACADEMY shall never communicate information shared by the Student during the course (GROUP and/or PRIVATE) with any third party. 7. Conduct 7.1 THE DUTCH ONLINE ACADEMY reserves the right to dismiss any Student displaying unacceptable, including without limitation, discriminating, racist, sexual, aggressive, or other inappropriate behavior to the reasonable opinion of THE DUTCH ONLINE ACADEMY, at any time, without the Student being entitled to any form of a refund, compensation or damages. 8. Limitation of Liability 8.1 THE DUTCH ONLINE ACADEMY shall not be liable under any agreement for any indirect, special, incidental, punitive or consequential damages, or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory). Further, THE DUTCH ONLINE ACADEMY shall not be liable, in any way, for theft, damage, or loss of the Student’s personal effects. 8.2 The Student assumes all responsibility for the selection of the Course necessary to achieve the Student’s intended results, and for the use and results of the Course. THE DUTCH ONLINE ACADEMY makes no warranty for any Course to be fit for any intended purpose. 8.3 THE DUTCH ONLINE ACADEMY total liability for any direct loss, cost, claim or damages of any kind related to the agreement shall not exceed the amount of the Course Fees paid or payable by the Student to THE DUTCH ONLINE ACADEMY under such agreement during the 12 months prior to the event giving rise to such loss, cost, claim or damages. However, nothing in Section 8.3 shall have the effect of limiting THE DUTCH ONLINE ACADEMY liability for personal injury or death caused by the negligence of THE DUTCH ONLINE ACADEMY and fraud. 9. Image Use 9.1 THE DUTCH ONLINE ACADEMY may take photos and videos of the Students for inclusion in promotional material (brochures, websites, catalogs, etc.) provided that the Students have explicitly given their written permission for it. 9.2 THE DUTCH ONLINE ACADEMY, or its licensors own all intellectual property in any work published on its website and digital works shown or provided to the Students. The Students shall not be allowed, without the prior written consent of THE DUTCH ONLINE ACADEMY to copy, distribute, or use the materials in any other way as strictly necessary for successful completion of the Course. 10. Miscellaneous 10.1 These Terms together with the enrollment process represent the entire agreement between the parties and supersedes any prior or current understandings, whether written or oral. 10.2 The Agreement will be governed by the laws of The Netherlands. The parties consent to the jurisdiction by the courts of Amsterdam for any claim relating to this Agreement. Notwithstanding the parties’ right to submit a claim to the courts of Amsterdam, the Student shall omit to try to resolve any dispute under the Agreement by submitting a formal complaint in accordance with THE DUTCH ONLINE ACADEMY’S formal complaint procedure which shall be provided to the Student upon the Student’s earliest request.