For the purposes of these general terms and conditions, the following definitions shall apply:
- Finance4Learning: F4L-NL bv, a company having its registered office in the Netherlands at Strawinskylaan 4117 in (1077 ZX) Amsterdam and with Chamber of Commerce registration number 8601 7066, inter alia carrying on business under the name Finance4Learning.
- Client:
Each company, institution or person who has entered into negotiations with Finance4Learning for an Assignment, or who has given an Assignment to Finance4Learning.
- Assignment: Any assignment in the broadest sense of the word given to Finance4Learning by a Client to provide products and/or services in relation to inter alia Lending-as-a-Service, Outcomes Management and Other Services such as typically mentioned on Finance4Learning’s website(s).
- Order Confirmation:
The Assignment may be confirmed by way of a written Order Confirmation, which contains the main features of the Assignment and on foot of which an invoice will be compiled. Alternatively, the Order Confirmation may take place via an electronic subscription-oriented platform seeking a Mandate from the Client.
- Mandate: Finance4Learning may opt to use an electronic platform for collection of payments due. The platform currently in use is Netherlands-based Mollie in conjunction with eCurring. The platform will seek a Mandate to collect funds automatically from the Client’s bank account and/or credit card. Finance4Learning may from time to time opt to choose a different manner of collecting.
Finance4Learning may rescind the agreement with the Client by
means of a registered letter with immediate effect without legal
intervention and without liability to pay any compensation in that
respect, in the event that:
- The Client applies for a suspension of payments or files for
bankruptcy or is declared bankrupt or makes an offer of
composition, or if any part of its assets are subject to an
attachment;
- The Client discontinues its activities, fails to pursue the
objectives set out in its Articles of Association, goes into
liquidation, or loses its legal identity in any other way;
- The Client or Participant fails to fulfil one or more of its
obligations under the agreement or fails to fulfil them on time or
fully and fails to rectify any such omission within 30 days of
Finance4Learning pressing it to do so.
The above provision leaves Finance4Learning’s other legal rights such
as the right to claim performance and/or damages intact.
The Client shall refrain from approaching employees, outside
experts/subcontractors, providers such as those mentioned in
clause 10.2 or clients of Finance4Learning either independently
or through third parties for the purpose of organising activities
similar to the Assignments described in Section 1 during the lifetime of the Assignment and for a minimum period of two years after the completion of an
Assignment. In case the Client does approach employees,
outside experts/subcontractors, providers or clients of
Finance4Learning, then Client shall pay a penalty of €250,000
immediately to Finance4Learning, as well as a being liable for
all direct and indirect (im)material damages incurred by
Finance4Learning as a result of said approach.
All agreements entered into with Finance4Learning are subject to
Dutch law. All disputes shall to be tried by a competent judge in
Amsterdam in so far as the Client fails to express a wish to have the
dispute tried by a legally declared competent judge, within one month
of Finance4Learning having invoked this provision.