General Conditions

For the General Terms and Conditions applicable to Belgium, please click here.

 

SkillsTown B.V. is a private limited liability company (besloten vennootschap) duly incorporated and existing under the laws of the Netherlands, having its statutory seat and registered office in Eindhoven (5612 LX), the Netherlands, registered with the Dutch Chamber of Commerce under number 62780506 and VAT number NL854954363B01.

Code of Conduct
SkillsTown is a member of the Dutch Council for Training and Education (NRTO) and adheres to its Code of Conduct.

Complaints Procedure
Click here to view the SkillsTown complaints procedure.

Article 1. Definitions

In these General Terms and Conditions, the following capitalised terms shall have the meanings set out below:

A. Client Any party entering into an Agreement with SkillsTown or requesting a quotation from SkillsTown.
B. SkillsTown The private limited liability company “SkillsTown B.V.”
C. Parties / Party The Client and/or User and/or SkillsTown.
D. User A natural person employed by the Client or acting as Client, who pursuant to the Agreement is entitled to access and use the Content made available by SkillsTown.
E. SkillsTown eLearning Service The provision and maintenance of the agreed Online Learning Solutions for use by a User via the SkillsTown eLearning Portal.
F. SkillsTown eLearning Portal The SkillsTown website through which Users access the Online Learning Solutions via Login credentials.
G. Online Learning Solutions The portfolio of online learning solutions offered by SkillsTown, including but not limited to individual courses, course packages, webinars, scans and assessable materials.
H. Infringement An infringement of SkillsTown’s intellectual property rights.
I. Agreement Any agreement and/or legal relationship between the Parties relating to the provision of Services, including amendments, supplements and all acts performed in execution thereof.
J. Login Access credentials to the Online Learning Solutions.
K. Fees The fees payable by the Client for the Services provided by SkillsTown.
L. Virus Any software, code, file or program that interferes with, disrupts or negatively affects the operation of software, hardware, networks or services, including worms, trojan horses and similar harmful components.
M. Content The content or output made available to the Client/User as part of the Services.
N. IP Rights All intellectual property rights and related rights, including copyrights, trademark rights and database rights.
O. Services All services offered by SkillsTown.
P. Webshop The SkillsTown webshop, accessible via shop.skillstown.nl, through which Services may be purchased.
Q. Data Controller The legal entity qualifying as controller within the meaning of the GDPR that determines the purposes and means of the processing of personal data.

Article 2. Applicability

  1. These General Terms and Conditions apply to and form an integral part of all offers, quotations, orders, Agreements and performance thereof.
  2. These Terms shall prevail over any general terms and conditions of the Client or User.
  3. If these Terms have applied once to a legal relationship between SkillsTown and the Client, they shall be deemed accepted for future Agreements.
  4. Use of the Services constitutes acceptance of these Terms.
  5. Upon termination of an Agreement, these Terms shall continue to govern the Parties insofar as required for settlement or by their nature.

Article 3. Formation of Agreement

  1. An Agreement shall only be concluded by written acceptance by SkillsTown, signature by both Parties, or webshop order confirmation by email.
  2. All offers are revocable and valid for 30 days unless otherwise specified.
  3. Amendments require written agreement. SkillsTown may modify, reduce or remove functionalities where necessary and shall inform the Client of substantial changes.

Article 4. Pricing and Payment

  1. Prices are stated in euros, excluding VAT and other applicable taxes unless otherwise stated.
  2. Webshop purchases require immediate payment. Other purchases are invoiced.
  3. Login credentials will only be provided after full payment has been received.
  4. Invoices must be paid within fourteen (14) days of invoice date.
  5. Failure to pay after reminder results in default.
  6. Statutory interest and collection costs will apply to late payments.
  7. No suspension or set-off is permitted by the Client.
  8. SkillsTown may annually index Fees upon 30 days’ written notice.

Article 5. Term and Termination

  1. The Agreement commences as agreed between Parties.
  2. The eLearning Service commences upon provision of Logins.
  3. Unless otherwise agreed, the term is one (1) year and renews automatically for successive one-year periods.
  4. Termination requires at least one month’s notice prior to renewal date. Early termination does not release payment obligations for the current contract year.

Article 6. Use of Login and Services

  1. Use of Login constitutes acceptance of these Terms.
  2. SkillsTown does not guarantee uninterrupted or error-free Services but shall use reasonable efforts in accordance with the SLA.
  3. The Client receives a non-exclusive, non-transferable, non-sublicensable right to use the Portal and Content for internal business purposes only.
  4. Logins may only be provided to employees of the Client and must be kept confidential.
  5. The Client is liable for all use under its Logins.
  6. Use for unlawful purposes or IP infringement is strictly prohibited.
  7. Misuse entitles SkillsTown to recover damages.

Article 7. Maintenance

SkillsTown may temporarily suspend access for maintenance, updates or security reasons and shall notify the Client where reasonably possible.

Article 8. Added Content

Clients and Users may upload content at their own responsibility. SkillsTown is not liable for third-party claims arising from such content and may remove content at its discretion.

Article 9. Additional Orders

Additional orders for Users, extensions or Online Learning Solutions may be placed during the term and are subject to acceptance by SkillsTown.

Article 10. Delivery Periods

Delivery dates are indicative only and not strict deadlines.

Article 11. Performance of Services

Services are provided on a best-efforts basis. Additional work is chargeable.

Article 12. Personal Data

Personal data shall be processed in accordance with the GDPR and the SkillsTown Privacy Statement.

Article 13. Liability

Liability is limited to direct damages and capped at the Fees paid in the current contract year. Indirect damages are excluded. This limitation does not apply in cases of wilful misconduct or gross negligence.

Article 14. Intellectual Property

All IP Rights remain with SkillsTown or its licensors. The Client shall not remove IP notices or initiate infringement actions independently.

Article 15. Force Majeure

SkillsTown shall not be liable for failure to perform due to force majeure. Obligations are suspended during such events.

Article 16. Termination

Immediate termination is permitted in cases of insolvency or material breach after notice. Accrued payment obligations remain due.

Article 17. Confidentiality

All confidential information exchanged under the Agreement shall remain confidential during and after termination.

Article 18. Miscellaneous

Dutch law applies exclusively. The competent court is the District Court of Oost-Brabant.