International Anti Crime Academy B.V. | www.anti-crime-academy.eu
Further referred to in these general terms and conditions as: IACA
All offers, tenders, assignments and agreements between IACA and its client are governed by these General Terms and Conditions of Supply and Payment. These terms and conditions therefore expressly apply to the offer and the acceptance thereof as well as to the agreement that thereby has come into effect. Other general terms and conditions or other provisions of the client are not accepted, unless this is agreed in writing between the client and IACA. These general terms and conditions of supply are set out on the website of IACA (www.anti-crime-academy.eu), and will be forwarded on first request free of charge.
The agreement between IACA and the client comes into effect by means of receipt of a signed (digital) registration form and the confirmation sent by IACA to the client through the internet.
IACA will be entitled;
To change the course programme in the interim, for reasons of re-programming exam requirements of external examination bodies and/or for reasons of qualitative improvement. To change the layout of the course concerning location and time. In the event of insufficient registrations to cancel the starting time, or to not accept new registrations for an existing course. To inform the registered participants of this in writing, following which their obligations will lapse. To reduce the number of meetings for a course, while the price remains the same, insofar as the number of meetings for the course will be reduced by a maximum of 25%. To increase the size of a group in exceptional cases. In addition, IACA will be entitled; to refuse to train a group, an entity, or a private individual, or as the case may be to exclude these from further participation.
Participants have the right, after consultation with IACA, to catch up on missed (theory) lessons with another group, if this is possible in the opinion of IACA. IACA will not be liable for this. Catching up on exams and practical training will not be possible, participants must register again for this.
5.Exams and certificates
IACA applies the basic exam regulations for its exams.
IACA also provides training for exams of third parties. The participants are personally responsible for registration for the exams in a timely manner. Exam fees can be changed 1 time per year, commencing in January, without the course participants/clients being informed of this in advance. Diplomas and certificates will be forwarded after the payment obligation has been fulfilled. The course participant will be personally responsible for the exam result achieved.
All prices referred to in the offers, brochures etc. are VAT free, unless expressly stated otherwise. The prices are applicable from 1 January up to and including 31 December of the current year, if price increases take place these will commence on 1 January of the course year. These new prices will also apply to course participants who are registered and assignments that are provided before 31 December of the previous year.
All amounts are owed and due and payable by means of advance payment. Payment must be made before or after the due date set out in the invoice, but always before the commencement of the training course. The client will not be entitled to deduct any amount from the amount set out in the invoice due to an alleged counterclaim. In the event that payment of a sent reminder invoice is not forthcoming in a timely manner, € 10 administrative costs will be charged after 30 days for each reminder from the due date of the invoice. After two payment reminders the invoice will be referred for debt collection to the collection agency and all judicial and extrajudicial collection costs as well as interest will be at the expense of the client. In the event of payment not being made in a timely manner the participants can be denied access to the lessons and exams of IACA. The financial obligation with regard to IACA will not lapse due to failure to attend of the lessons and the exams. In the event of default of payment IACA can unilaterally cancel an agreement with the client without the requirement of any notice of default. IACA will be entitled in that event to charge the original invoice amount to the client and to demand immediate payment thereof. In the event of the failure to fulfil, or fulfil in a timely manner, any obligation of the client ensuing from the agreement, and in the event that the client applies for moratorium, if the client is declared insolvent, or in the event of a decision for liquidation of the business of the client, or as the case may be if attachment is levied on the assets of the client, every claim of IACA against the client will be immediately due and payable in its entirety. In that event IACA will furthermore have the right to cancel the agreement, or agreements that are ongoing, insofar as not yet performed, without judicial intervention, and to claim back the delivered goods not yet paid for, without prejudice to its right to compensation.
8. Statutory cooling-off period for private individuals
The course participant has a statutory cooling-off period of 7 working days after registration for a course. The registration can be cancelled without any reason, or consequences ensuing therefrom, during this cooling-off period.
Delivered goods (course materials, textbooks and suchlike) remain the property of IACA until payment in full has taken place, always provided that the risk with regard to damage and loss of the goods and of any damage ensuing therefrom transfers to the client after delivery and acceptance of the goods. The client is not entitled, without permission from IACA, to transfer the ownership of goods that are not yet paid for in full, other than by the usual processing in accordance with their designated use to third parties, nor to provide, due to any agreement or action, a right of pledge or any other security interest on these goods to a third party, all this is in the broadest sense of the words. In the event of breach, the purchase price will be immediately due and payable in full, without prejudice to all further claims of IACA. If the client does not fulfil its obligations concerning payment in a timely manner, IACA will have the right, without any notice of default, to claim back the delivered goods that are not yet paid for.
IACA retains all rights to the materials provided by IACA, also including the OSINT database. Nothing from the edition(s) is permitted to be reproduced, saved in a computerised data file, or published in any form whatsoever, or in any manner whatsoever, either electronically, mechanically, by means of photocopying, recordings, or in any other manner. It is not permitted to make the (lesson) materials available to third parties. The course participant expressly will not use the information made known to him/her during the training course for providing training or for other training purposes, and the course participant will not provide anyone else with the opportunity to do this.
11. Authorisation I.A.C.A. Database
As soon as the course participant is authorised access to the very confidential OSINT database, or as the case may be participates in an OSINT training course of IACA, the course participant will immediately and automatically agree to the following articles:
The course participant agrees that he/she will be provided by IACA with confidential information (hereinafter referred to as: the Information) concerning:
Open Source Intelligence, OSINT tools, OSINT software, OSINT wizards
The purpose of providing this information is:
To be able to conduct (inter)national investigation in-house.
The course participant will treat all the aforesaid information that is provided, or that will be provided, to him/her by IACA as confidential information, which he/she will therefore keep strictly secret from third parties, and which he/she will exclusively use for justified purposes.
The course participant must keep the personal access code for the database strictly secret from third parties. Dissemination of login details is expressly not permitted. The course participant must immediately report to IACA if an unauthorised third party has the possession of his/her personal access details.
The course participant undertakes to in no manner whatsoever, in an altered or unaltered form, utilise the Information, or to apply the Information for any other purpose than that described above.
The course participant will not apply for any patent, or make any claim, anywhere in the world, with regard to the Information provided to him/her and he/she will not provide anyone with the opportunity to do this.
The course participant expressly will not use the information made known to him/her during the training course for providing training or for other training purposes and the course participant will not provide anyone else with the opportunity to do this.
If the course participant does not, or does not completely, fulfil the obligations in this agreement, the course participant will due to this mere fact owe per incident to IACA an immediately payable financial penalty which is not subject to judicial mitigation, to the amount of € 50,000, without prejudice to the right of IACA to compensation in full.
The law of the Netherlands applies to this agreement and any disputes regarding the performance thereof will be submitted to the court with competent jurisdiction in Breda.
12.Cancellation of the training course outside the Netherlands
The instructors of IACA travel abroad from the Netherlands to arrange a training course there. Cancellation of a training course, in-company training, or an individual course place abroad must take place by (registered) letter. The confirmation in writing from IACA will apply as proof of the cancellation. The client will continue to owe the full training costs. If the training costs have already been paid no refund will take place of the sum paid by the client.
13. (Digital) recordings, photos, sound recordings during the training course
The course participant is expressly prohibited from taking photos, or making film or sound recordings during the training course, without permission.
14. Cancellation of the training course within the Netherlands
Cancellation of a training course, in-company training, or an individual course place must take place by (registered) letter. The date of the post mark will apply as the notification period of the cancellation. The confirmation in writing from IACA will apply as proof of the cancellation. The diarised starting date of the course will apply as the starting point for dealing with the cancellation. The costs attached to the cancellation of a training course, in-company training, or an individual course place, amount to € 250 in the event of cancellation more than 4 weeks prior to the starting date, to 50% of the training costs in the event of cancellation up to 14 days prior to commencement, and to 100% of the training costs in the event of cancellation within 14 days prior to commencement or after commencement of the training course, in-company training, or individual course place. If IACA has incurred extra costs for the benefit of the course participant, these incurred costs will be claimed in addition to the cancellation charges described above. Refund of the course fee already paid will take place within 14 days. In the event that the course participant does not participate in the course the client will not have any right to any repayment. Reliance by the course participant(s), or his/her/their employer on force majeure (for example due to sickness, or being indispensable in the business) will not affect the obligation of fulfilment of the financial obligations by the course participant or the employer toward us. If the course participant dies, or if there are such exceptional circumstances that payment of the cancellation charges would be unacceptable according to criteria of reasonableness and fairness, a request stating reasons in writing for this can be submitted to IACA. IACA retains the right to request proof in writing. The cancellation charges will be immediately owed and due and payable.
15.Cancellation of the training course by IACA
IACA retains the right in circumstances of external force majeure, or as the case may be insufficient participation – at least 5 course participants are required – to reschedule and/or cancel the training course. In the event of entire cancellation of the course the course fee already paid will be refunded within 14 days. IACA will notify of the cancellation at least 14 days prior to the commencement of the course.
16.Liability of IACA with regard to the course taking place
IACA excludes any form of liability insofar as this is not arranged by the Law. If IACA, as a consequence of force majeure, or of insufficient participation, must derogate from the stated course dates, or must cancel this entirely, IACA will not be liable for any damage ensuing therefrom, such as for example hours not worked. Force majeure also includes: Each circumstance beyond our control, or unforeseen circumstance, as a result of which we deem ourselves compelled to derogate from the stated course dates, such as sickness of the teacher or trainer.
17. Liability of the course participant
IACA retains the right to recover all tangible/intangible loss, which has arisen during a training course due to an unlawful act on the part of the course participant, personally from the course participant.
18. Mutual confidentiality
IACA is obliged to maintain confidentiality vis-a-vis third parties of all that which comes to the knowledge of IACA and/or its employees during the registration, screening and during the attendance of the course, regarding the course participant.
In addition, the course participant is obliged to maintain confidentiality vis-a-vis third parties with regard to the working method and contents of the training course of IACA.
The course participant is not permitted to take commercial advantage of the acquired knowledge in the form of transfer of information: The course participant must refrain from providing training on a commercial basis to third parties.
If the course participant does not, or does not completely, fulfil these obligations the course participant will due to this mere fact owe to La Vérité Group B.V. an immediately payable financial penalty which is not subject to judicial mitigation, to the amount of € 50,000, without prejudice to the right of IACA to compensation in full.
The law of the Netherlands exclusively applies to all our offers, agreements and the performance thereof.
All disputes, including disputes that are only regarded to be a dispute as such by one party, ensuing from or related to the agreement which these terms and conditions apply to, or the terms and conditions concerned themselves and their interpretation or execution, of a factual as well as legal nature, will be adjudicated by the civil court, unless the subdistrict court has jurisdiction.