Center for Responsible Gambling

Terms and Conditions

Article 1 Definitions

1. Center for Responsible Gambling : Center for Responsible Gambling BV, registered under Chamber of Commerce number; 80744931, hereinafter referred to as;  Contractor .
2. Client : The party that places an Order with the Contractor for the performance of a Service.
3. Parties : Contractor and Client together.
4. Service : The work to be carried out by the Contractor on the basis of an Assignment indicated by the Client.
5. Assignment : The total of Services that the Client requests to be performed by the Contractor, always confirmed by means of a written Agreement.
6. Agreement : Agreements made between the Parties, which must always be confirmed in writing.

Article 2 General

1. These general terms and conditions apply to all Agreements, quotations and Order Confirmations with the Contractor. These conditions apply to all Services offered.
2. Deviations from these conditions are only binding if and insofar as they have been confirmed in writing by the Contractor.
3. If there is any uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions.
4. If a situation arises between the Parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions.

Article 3 Conclusion of an Agreement

1. The quotations made by the Contractor are valid for a maximum of 30 days, unless otherwise stated.
2. The Agreement is concluded at the moment that the cooperation agreement, Agreement, declaration of intent or Order Confirmation signed by the Contractor and the Client is returned by the Contractor. The Agreement, confirmation or statement is deemed to accurately and completely reflect the Assignment.
3. The Contractor cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or part thereof, contain an obvious mistake or typo.
4. The Contractor is only bound to the quotation if it has been confirmed in writing by the Client within 30 days.

Article 4 Interim termination of the Assignment

1. Parties may terminate the Agreement prematurely if one of them is of the opinion that the Assignment can no longer be carried out in accordance with the confirmed quotation or Assignment Confirmation and any subsequent additional Assignment Specifications. This must be communicated to the other party with reasons and in writing.
2. Cancellation by the Client. The Client for a service has the right to cancel it without costs if this is done in writing 30 days before the start of the service. In case of cancellations within 30 days, the Contractor has the right to charge all costs of the service.
3. Cancellation by the Contractor. The Contractor reserves the right to suspend or cancel courses/trainings with open registration if there are too few participants, without the Client being able to claim any compensation, whereby the Contractor will inform the Client of this no later than three days before the start. .
4. In the event that one of the Parties becomes bankrupt, applies for a suspension of payments or ceases business operations, the other Party has the right to terminate the Assignment without observing a notice period, all this subject to rights.

Article 5 Execution of Service

1. The Contractor determines the manner in which and by which person(s) the assigned Assignment is carried out and takes into account the wishes expressed by the Client as much as possible.
2. The Client provides all necessary information in a timely manner and guarantees the accuracy, completeness and reliability necessary for the proper execution of the Assignment. The Client ensures compliance with the agreements agreed in the quotation or Order Confirmation regarding training space, audiovisual aids, number of participants, and the like. The Contractor reserves the right to suspend the execution of the Assignment if the Client has not complied with the agreed agreements. The additional costs and additional fees resulting from the delay in the execution of the Assignment, caused by failure to provide the required data and documents, not to do so on time or not to provide them properly, will be borne by the Client.
3. The Client makes available the employees of its own organization who are (will be) involved in the Contractor's work.
4. If the Client wishes to involve third parties in the execution of the Assignment, he will only do so after reaching agreement about this with the Contractor.
5. In consultation with the Client, it is possible to bind a person's certification to the Client's company. This means that the certification goes directly to the employer, in the name of the person, but the Client retains the certificate.
6. The Client must notify the Client no later than two weeks before the performance of a service if a service cannot take place at the agreed time and/or location, unless otherwise stated in the quotation.
7. The Contractor may only perform and charge the Client for more work than that for which the Order was issued if the Client has given prior permission to do so.
8. Questions of an administrative nature or regarding Education and E-learning Services will be answered within two weeks. In case letters require a longer processing time, this will be answered with a confirmation of receipt indicating the expected response time.
9. If a term has been agreed or specified for the execution of certain activities or for the delivery of certain items, this is never a fatal term. If a term is exceeded, the Client must therefore give the Contractor written notice of default. The Contractor must be offered a reasonable term to still execute the Agreement.
10. The Contractor shall not be obliged to fulfil any obligation if he is prevented from doing so as a result of force majeure. Force majeure shall mean circumstances that prevent or hinder fulfilment of the obligation and that cannot be attributed to the Contractor. This includes lack of raw materials, factory failure of any nature whatsoever, strike, exclusion of or lack of employees, quarantine, epidemics, pandemics, natural disasters, mobilisation, state of siege, state of war or war, traffic congestion on railways or lack of means of transport, traffic blockades, illness regardless of the reason or cause thereof or other unforeseen circumstances that were not known when entering into the Agreement.
11. During force majeure, obligations are suspended. If this lasts longer than two months, Parties are entitled to terminate the Agreement, without any obligation to pay damages.

Article 6 E-learning.

1. Centre for Responsible Gambling is the developer and owner of the E-learning modules.
2. The modules, without exclusive right of use, are made available for a limited period to users authorized by Contractor who are employed by Client. Each user has a non-transferable personal login account.
3. The modules may only be used for the purposes and target groups stated in the Agreement.

Article 7 Liability

1. The Contractor shall perform its work to the best of its ability and shall exercise the care and expertise that may be expected of the Contractor. If an error is made because the Client has provided incorrect or incomplete information, the Contractor shall not be liable for any resulting damage. This also applies to third parties engaged by the Contractor.
2. Liability for damage caused by shortcomings by the Contractor and third parties engaged by it is limited to the amount agreed in the order confirmation between the Contractor and the Client.
3. The Contractor is only liable for direct damage.
4. Direct damage is understood to mean exclusively the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to ensure that the Contractor's defective performance complies with the Agreement, insofar as these can be attributed to the Centre for Responsible Gabling and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
5. The Contractor shall never be liable for indirect damage.
6. The Client shall indemnify the Contractor against claims by third parties for damage caused by the Client providing the Contractor with incorrect or incomplete information, unless the Client demonstrates that the damage is not related to culpable acts or omissions on its part or was caused by intent or gross negligence on the part of the Contractor.

Article 8 Prices

1. Prices in the mentioned quotations are exclusive of VAT and travel expenses unless otherwise stated.
2. If a service offered is exempt from VAT, this will be stated in the quotation. Should the tax authorities still decide to impose a supplementary assessment of VAT, a supplementary assessment will be made to the Client for the VAT to be paid on the amount agreed in the Assignment.
3. Interim rate changes will not be passed on to signed existing Orders.

Article 9 Payment

1. Payment by Client must be made without deduction, discount or debt settlement within 30 days after the invoice date. Payment must be made in Euros by means of transfer to a bank account to be designated by Contractor.
2. Objections to the amount of the invoices submitted do not suspend the payment obligation.
3. The participant is never entitled to suspend the payment obligation.
4. If the Client has not paid within the period referred to under a), the Contractor shall be entitled, after having reminded the Client at least once to pay, without further notice of default and without prejudice to the other rights of the Contractor, to charge the Client the statutory interest from the due date until the date of full payment.
5. All reasonable judicial and extrajudicial (collection) costs incurred by the Contractor as a result of the Client's failure to meet its payment obligations shall be borne by the Client.
6. In the event of a refund, this amount will be settled within 14 days. 

Article 10 Complaints

1. Complaints regarding the work performed and/or the invoice amount must be made known to the Contractor in writing within 30 days after the date of dispatch of the documents or information about which the Client is complaining, or within 30 days after the discovery of the defect, if the Client demonstrates that he could not reasonably have discovered the defect earlier.
2. Complaints as referred to in the first paragraph do not suspend the Client's payment obligation.
3. In the event of a justified complaint, the Contractor may choose between adjusting the fee charged, improving or re-performing the rejected work free of charge, or not (any longer) performing the Assignment in whole or in part in return for a refund in proportion to the fee already paid by the Client.

Article 11 Intellectual property

1. The Contractor reserves all rights with regard to products which it uses and/or develops or has used and/or developed in the context of the execution of the Client's Order, insofar as these arise from the law.
2. The Client is expressly prohibited from reproducing, publishing or exploiting products, in the broadest sense of the word, with or without the involvement of third parties, unless these products are expressly (and recorded in writing) intended for reproducing, publishing and/or exploiting. Publication may therefore only take place after obtaining permission from the Contractor. The Client naturally has the right to reproduce the documents for use in its own organisation, insofar as this is appropriate within the purpose of the Assignment. All teaching materials used by the Contractor may not be used or alienated.
3. The copyright on the materials developed by the Contractor remains with the Contractor. Violation will result in an immediately claimable fine of € 10,000 (ten thousand euros). Any additional damages may be recovered from the Client at any time.

Article 12 Confidentiality

1. Stakeholders, trainers, actors, experts by experience and participants in training courses are mutually obliged to maintain confidentiality of the information that can be considered confidential and that they receive from each other insofar as it concerns training courses, consultancy and support for players and relatives.
2. Unless there is a legal or professional obligation to disclose, the Contractor is obliged to maintain confidentiality towards third parties.
3. The Contractor shall impose its obligations under this article on third parties engaged by it.
4. Unless the Contractor has given prior written permission to do so, the Client shall not disclose the contents of reports, advice or other written or oral statements from the Contractor that have not been drawn up or made with the intention of providing third parties with the information contained therein. The Client shall also ensure that third parties cannot take note of the contents referred to in the previous sentence.

Article 13 Complaints procedure

1. Client must describe complaints about defective services fully and clearly. This must then be submitted to Contractor within a reasonable time. This is after Client has discovered the defect or should reasonably have discovered it. Notification within one month is timely.
2. The Client must always give the Contractor the opportunity to take note of complaints and ensure that the defect is remedied and the complaint is resolved.
3. The assessment of the method and steps taken to resolve the complaint is always up to the Contractor. The Contractor will always ensure that the wishes of the Client are taken into consideration.
4. A complaint is considered to have been resolved if it has been resolved to the satisfaction of the Client or if the arbitration institute (if applicable) has made a ruling on the complaint or subsequent steps.

Article 14 GDPR

1. Center for Responsible Gambling is responsible for the processing of personal data as shown in this privacy statement.
2. Yvon Jansma is the Data Protection Officer and can be reached via  y.jansma@cvvgokken.org or 06 48204199.
3. Center for Responsible Gambling does not sell personal data to third parties and will only provide this if this is necessary for the execution of our Agreements with Clients or to comply with a legal obligation. Center for Responsible Gambling uses Avetica BV for Moodle as an E-learning web application and Innophase BV for Coachview as training administration and has concluded a processing agreement with them to ensure the same level of security and confidentiality of your data.
4. The Centre for Responsible Gambling processes the following personal data: first and last name, date of birth, place of birth, telephone number and e-mail address.
5. Center for Responsible Gambling does not store your personal data for longer than is strictly necessary to achieve the purposes for which your data is collected.
6. The Center for Responsible Gambling does not make decisions based on automated processing on matters that could have (significant) consequences for people. This concerns decisions that are made by computer programs or systems, without human intervention (for example, an employee of the Center for Responsible Gambling).
7. Center for Responsible Gambling takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. If you suspect that data is not properly secured or that there are indications of misuse, please contact  info@cvvgokken.org
8. Center for Responsible Gambling would also like to point out that it is possible to file a complaint with the national supervisory authority, the Dutch Data Protection Authority. This can be done via the following link:  https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons
9. For a complete overview of the data we process, please consult our  extensive privacy statement  .

Article 15 Applicable law and choice of forum

1. Dutch law applies to all Agreements between the Client and the Contractor to which these general terms and conditions apply.
2. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
3. All disputes relating to Agreements between the Client and the Contractor to which these terms and conditions apply will be settled by the competent court in the district in which the Contractor has its registered office.
4. Notwithstanding the provisions of paragraph 2, the Client and the Contractor are entitled to agree to submit disputes to a dispute board.

Article 16 Location and changes to general terms and conditions

1. These conditions have been filed with the Chamber of Commerce.
2. The most recently filed version or the version that applied at the time the legal relationship with the Contractor was established always applies.
3. The Dutch text of the general terms and conditions always determines their interpretation.

Do you have any questions or comments regarding our general terms and conditions? Please get in touch using the contact details below:

+31641622869

y.jansma@cvvgokken.org

or

info@c vvgokken.org