Terms & Conditions Unlimited Potential Program
Article 1: Definitions
1.1 In the following, “UP” means Unlimited Power BV with its registered office in Eindhoven under Chamber of Commerce 88027589.
1.2 "Client" is understood to mean any person who enters into an agreement with UP to give courses and / or training and / or personal advice, or to provide other services including online services on the www.unlimitedpotentialprogram.com or metro websites https://metro.mentes.me or https://igrow-note.mentes.me.
Article 2: Applicability
2.1 These general terms and conditions apply to all our quotes, offers and all agreements concluded by us, whatever their name.
2.2 We explicitly exclude the applicability of the General Terms and Conditions used by the client. A reference by the client to its General Terms and Conditions is not accepted by us.
2.3 By accepting our offers, offers, or by concluding an agreement with us, the client expressly waives its terms and conditions and accepts our terms and conditions as described here.
2.4 A deviation from our General Terms and Conditions only applies if this deviation has been explicitly and in so many words confirmed in writing by one of our board members and only applies to the agreement for which this explicit deviation has been agreed.
2.5 A client who has previously contracted with us under the conditions of the present General Terms and Conditions is deemed to have tacitly agreed to the application of the present terms and conditions in a subsequent oral, telephone or other agreement.
Article 3: Offers and quotations
3.1 All our offers are without obligation. Promises from and agreements with our employees, not belonging to the management, are only binding for us if and insofar as they have been confirmed in writing by our management.
3.2 If a client has not objected to the contents of our order confirmation immediately after receipt by registered letter, our order confirmation will be deemed to reflect the agreement correctly.
3.3 Any additional agreements or changes made later, as well as agreements and/or promises by our staff, only bind us if these have been expressly confirmed or implemented by our management.
3.4 Telephone orders are only accepted by us at the risk of the client. Any inaccuracies resulting therefrom are at the expense and risk of the client.
Article 4: Force majeure
4.1 We are also without any obligation to pay any compensation whatsoever, ever entitled to our choice to suspend the execution of the agreement or to dissolve the agreement in whole or in part in all cases of force majeure.
4.2 If the execution of an assignment cannot take place at the agreed time, the client is obliged to take the relevant course and/or training and/or other services from us at a specific time to be determined in mutual consultation. The client cannot derive from this the right to cancel the assignment or assert any right to compensation.
Article 5: Liability
5.1 We are never liable for any damage whatsoever caused by the services provided by us to the person and / or property of the client or to the person and / or property of third parties.
5.2 Client explicitly indemnifies us against claims from third parties due to any damage caused by the services provided by us to persons and / or property of third parties and compensates us for all damage and costs that are the result of a claim as referred to in this article.
Article 6: Cancellation or postponement by the client
6.1 If the performance of our services is cancelled by the client, the client will still owe the following percentages of the agreed fee:
- upon cancellation at a time after 14 days before the start date; 100%
- upon cancellation at a time prior to 14 days before the start date; 75%
- upon cancellation at a time prior to 30 days before the start date; 50%
- upon cancellation at a time prior to 60 days before the start date; 25%
6.2 The date of notification of the cancellation is determined based on the date of dispatch of the registered letter in which the client confirms this cancellation or the date of dispatch of the letter in which we confirm the cancellation.
6.3 If the client wishes to postpone the agreed date for the courses and/or other services until a further date, a new date will be set in mutual consultation, provided that the request for postponement no later than 14 days before the starting date received by us. If then, in addition to the already agreed costs, the client owes an additional fee in accordance with the following percentages:
- in the case of a request for deferment for 14 days before the start date 33,3%
- in the case of a request for deferment for 30 days before the start date 25%
- in the case of a request for deferment for 60 days before the start date 10%
6.4 The date of notification of the delay is determined on the basis of the date of dispatch of the registered letter in which the client confirms this notification or the date of dispatch of the letter in which we confirm the cancellation.
6.5 The client will at all times, both in the event of cancellation and postponement, owe the agreed accommodation and accommodation costs.
Article 7: Payment terms
7.1 We will never be able to demand payment of the costs of those services, including accommodation and accommodation costs, prior to the performance of the agreed services.
7.2 The client must pay all our invoices no later than 14 days after the invoice date without any right of discount or compensation unless explicitly agreed in writing with one of our board members.
7.3 If and as soon as the client exceeds the payment term referred to in paragraph 2, he will be deemed to be in default without further notice of default and / or demand being required.
7.4 If and as soon as the client, as referred to in paragraph 3 above, is in default, he will owe a contractual interest amounting to 1% per month calculated on the total invoice amount, including VAT, for each month or part of the month that the client fails to pay.
7.5 If and as soon as the client as referred to in paragraph 3 above is in default, we have the right to hand over the collection of the overdue invoice amounts to third parties without further notice. The associated extrajudicial collection costs are at the expense of the client. These costs amount to 15% of the amount to be collected, plus the applicable VAT, but at least € 750,00 without prejudice to our right to charge the client for any multiple extra-judicial collection costs actually incurred.
7.6 We are entitled at all times to suspend the delivery of our services as long as the client has not provided sufficient security to meet all his obligations under the agreement concluded with us.
Article 8: Reproduction right Authors
8.1 The client is prohibited from duplicating or multiplying course material, manuals and other documents provided by us unless our management has given written permission for this. We expressly reserve the copyright and reproduction rights of said documents at all times. This also applies to all online content within the Metro Mentoring Platform, Social Styles app, and iGROW Note from our partner MentesMe.
8.2 The client is also prohibited from using the course material, including the registered terms Unlimited Potential Program, iGROW, iAID and Metro Mentoring Platform, without written permission, to provide activities in line with the content. This money for internal and external use. This article does not apply to organizations licensed by UP, for which a separately signed agreement is leading.
Article 9: Disputes
9.1 All disputes between us and the client, which are related to the agreement between the parties and the implementation of that agreement, will be settled by the competent court in Amsterdam.
9.2 Dutch law will always apply to all agreements between us and the client.
