General conditions of Scienta version May 2018
Articlel 1 General
1.1 These general terms apply on all offers, activities and agreements concerning e-learning that are offered by SCT Adviesdiensten B.V. under the trade name “Scienta”, further to be called Scienta.
1.2 Conditions of our clients are, unless agreed upon in writing by Scienta, not applicable on the offers, activities and agreements as mentioned in article 1.1.
1.3 Under this conditions e-learning means: training, modules, workshops and other ways of education which are offered by Scienta by means of internet-application or other software modules.
1.4 The client will safeguard Scienta for any claims of third parties.
1.5 Between Scienta and the client it is defined, that, when once under relevance of these conditions is contracted, this terms also apply on coming offers and (oral) agreements
1.6 By difference between the deposited text of our conditions and texts that otherwise are pressed, translated and/or spread, will exclusive the (deposited) Dutch text be valid.
1.7 If Scienta, in specific cases will not use these general conditions, such does not imply that Scienta has aborted the right to use these general conditions in other circumstances.
Article 2 Definitions
2.1 Participant: person that actually follows the training course.
2.2 Client: The one which is held responsible for payment of the training course
2.3 Cancellation: The (temporary) cancellation of the training by the participant or the client.
2.4 Course fee: The training course fee as mentioned on the Website of Scienta.
2.5 Agreement: The agreement between Scienta and the Client is established by the filled in application forms on Scienta’s website, a written order confirmation (posted or emailed), a written order confirmation from Scienta to the client after a verbal order confirmation or payment of the training course invoice by the client.
Article 3 Execution of the orders
3.1 Scienta is authorised to change the de e-learning programs during the courses, due to reasons of examination requirements of external examination bodies and/or for reason of quality improvements.
3.2 Scienta issues an identification number and access code per participant to the client. Scienta assures that the training will be accessible at least until 6 months after issuing the access code and identification number.
3.3 Scienta has established the e-learning environment at an external provider. Scienta will strive to do the utmost to enable website- and course access at all times. Scienta can however not held to continuous access to the website and e-learning courses. During maintenance of the website, maintenance of the training program, overload of the website and disruptions, the website and e-learning courses will not be accessible.
Article 4 Examination
4.1 Knowledge tests that are being developed by or on behalf of Scienta will not comprise a officially registered examination. These knowledge tests are included in the training courses.
4.2 In case official examinations have to be passed in order to obtain qualifications, this will be mentioned in the e-learning course information. The examinations are not included in the order and training course fee. The client has to register at the examination institute separately.
Article 5 Fees
5.1 The start date of fees are mentioned on Scienta’s website..
5.2 Training course fees are excluding VAT, unless explicitly otherwise mentioned. IN case of foreign clients the applicable VAT rules will be applied.
Article 6 Payment
6.1 All fees have to be paid before the start of the training. Payment has to be made before the due date mentioned on the invoice.
6.2 In case of nonpayment, all costs (including cost of collection, interest and such) will be charged and have to be paid by the client.
6.3 In case the client does not pay the invoice, no access code and identification number will be issued. Participation to the training will not be granted.
6.4 The agreement between the client and Scienta, becomes, in case of nonpayment, decomposed. In such cases, Scienta is authorised to charge the training course fee to the client and claim immediate payment.
Article 7 Cancellation
7.1 A training course can only be cancelled by means of a chained letter.
7.2 At cancellation, an administration fee of € 45,– excl. VAT will be charged
7.3 In case one or more participants, subject to the agreement, have already started with – or finished – the training course, cancellation is no longer possible. The client will not be reimbursed. In case the training has commenced but not finished within 180 days, the training file will be closed. Participants will have to re-enrol in a new training at the rate of the time or enrolment.
7.4 In case a participant will die during the training course or in case of exceptional circumstances, the client can request the reimbursement of the training fee in writing. Scienta is allowed to require evidence.
7.5 Cancellation costs have to be paid immediately.
7.6 In case of cancellation of a participant before the start date, the client is entitled to send another participant, without any charge.
Article 8 Intellectual property
8.1 All Scienta’s published material is the possession of Scienta and all rights remain to Scienta. It is not allowed to copy, store, publish any published or issued data without prior written approval of Scienta.
Article 9 Liability
9.1 Liability of Scienta, or individual staff members of Scienta, for consequential damage, capacity damage or other indirect damage is explicitly excluded.
9.2 Scienta is not responsible when the client has supplied incorrect, incomplete or insufficient information and because of this damage and/or costs have arisen.
9.3 Scienta is not responsible for the damage and/or costs which have arisen by (lack of) actions of subcontractors
9.4 Scienta is responsible for the shortcomings in the implementation of the task, insofar these are the consequence of lack of carefulness, expertise and the skills on which can be trusted. The liability for damage caused by the shortcomings is restricted to the amount of the fee which Scienta. has received for the activities within the framework of that task.
9.5 At tasks with a lead-time longer than three months, a further restriction applies from the here meant liability being restricted up to the claim amount concerning the last three months. Claims must have been submitted within 6 months after discovering damage. Claims submitted after 6 months will be rejected.
9.6 The implementation of the supplied tasks occurs exclusively for the client. Third parties can borrow no rights from the content of the performed activities.
Article 10 Registration of personal information
10.1 Name- and address information of clients and participants will be included in Scienta’s administrative system. This information will be used to inform participants concerning their training results and Scienta’s training programs.
10.2 Scienta is not responsible to maintain and keep a training- and test history. Scienta is not responsible for archiving training certificates after first issue to the participant.
Article 11 Confidentiality
11.1 Scienta is obliged to keep all information about clients and participants, received in relation to the order, strictly confidential. This obligation is no longer valid in case Scienta has to rely on third parties in case of claims issued by the client.
Article 12 Law and disputes
12.1 Disputes will be exclusively settled by the competent judge in the district where Scienta is established.
12.2 Dutch law applies on all agreements between Scienta and our clients.
Scienta offers mainly safety related e-learnings on a digital platform.
Scienta stores personal data of participants with the objective to monitor and report on training progress and completion.
Scienta offers the training progress status and training results to the participant as well as the participants’ employer, who pays for the training.
The primary aim is to report on training results and the confirmation of achieved competences of training participants.
Scienta supplies services in a business to business market. Persons with an age younger than 18 years are not authorised to use Scienta’ s services.
On behalf of the training progress and completion as well the examination results, Scienta stores personal data. This data, is limited to the first name, sur name, date of birth, email address, name employer, training and training/examination results.
The data is considered by Scienta as low risk personal data.
Scienta uses the personal data of the participants only for the purpose of keeping track on training progress and to publish training certificates after completion. Furthermore, it uses the training progress an training completion data for training progress and completion reporting purposes to the employer of the participants.
Based on training certificate identifiers displayed on the training certificates, third parties can check the validity of the certificates issued anonymously.
Both employer or training participant can be contacted for (re-)training offers by Scienta.
Scienta does explicitly not sell or distribute personal data to third parties for profiling, marketing purposes etc.
Archiving of personal data
Training results will be stored digitally after completion during 5 years after completion of the course. After 5 year data is actively removed from our database.
Personal data of participants that have not completed the course within the course timeframe, will be removed automatically after 1 year.
Request for information regarding or removing personal data
A participant can, at any time, ask Scienta to provide an overview on the kind of personal data that is recorded in our systems.
A participant can, at any time, ask Scienta to modify of delete the personal data from it’s systems. We will only do so if such is allowed within legal limits.
In case of training organised via the employer, the employer may manage and modify the training administration. In this case, the administrator of the employer has also access to the training data (progress and results). It is the responsibility of the employer to inform it’s employees to gain access to the training and personal data.
Access to training data by Scienta employees or data processing companies
Scienta uses an internal data access authorisation structure regarding participants personal data. Employees that might be given access to the personal data, are IT system-controllers, tutors and help desk employees. Access might be required for keeping the e-learning environment operational or to answer questions or fulfil the trainers role.
Employees have signed a confidentiality statement.
We have established data processing agreements eith external parties or verified if their prviacy statement comply to our standards.
Access to the training courses by participants
Participants can login in their training and training results with a combination of login name and password. The password is subject to minimum requirement. In case the employer enrols participants in the training, Scienta will provide temporarily passwords to the employer who will issue information to each participant. These temporary passwords have to be modified by the participant the first time the participant logs in. It is the responsibility of the participant to change the password.
Security of personal data
Scienta offers suitable efforts to secure and protect the data of the participants. Amongst our security mechanisms we have been implemented.
· Use of an ISO 27001 certified datacentre.
· Access authorisation for participants and Scienta employees with login name and password
· Limiting user rights by assigning roles to Scienta employees
· Daily back ups
· Software updates including security patches
· Use of website security certificates
· Using SSL email traffic
In case of data leaks we will notify the authorities if needed within 72 hours. Furthermore we will inform our clients and participants involved under the provision that we have email addresses available. We will furthermore, issue a general statement on our website.
Data security officer of Scienta
Scienta has assigned a data security officer. Questions can be sent to the data security officer at firstname.lastname@example.org.