Terms & Conditions Start Digital Academy
Article 1 Definitions
1. StartDigital.Academy is part of StartDigital.io and thereby part of Keizer Consulting Limited, established in Hong Kong, under Business Registration number 71725463 and is in these general terms and conditions referred to as StartDigital.Academy.
2 The involving party is referred to as ‘the client’ in these general terms and conditions.
3. The agreement refers to the quote and agreement of the assignment of which StartDigital.Academy carries out work for the client against a project fee, hourly rate and/or additional costs, whereby the general terms and conditions apply.
Article 2 Applicability of the general terms and conditions
1. These terms and conditions apply to all quotations, works, agreements and the delivery of services and goods by and/or on behalf of StartDigital.Academy to which these terms and conditions were applied unless there has been agreed in writing otherwise by StartDigital.Academy and the client.
2. The conditions also apply to actions of third parties engaged by StartDigital.Academy in the context of the assignment.
3. The most recently sent version of these general terms and conditions always applies.
4. The general terms and conditions of the client are explicitly rejected as the general terms and conditions by StartDigital.Academy apply unless there has been agreed in writing otherwise StartDigital.Academy and the client.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the other provisions in these general terms and conditions will remain fully applicable.
6. StartDigital.Academy is entitled to change these conditions unilaterally if it deems this necessary.
Article 3 Quotations
1. If no acceptance period is specified in the quotation, the quotation will expire after 14 calendar days.
2. StartDigital.Academy cannot be held to its quotation if the client could reasonably understand that the quotation, or any part of the quotation, contains an obvious mistake or a typing error.
3. Quotations do not automatically apply to follow-up quotations.
Article 4 Rates and payments
1. The agreement applies for a definite period, unless the nature of the agreement dictates otherwise or if the parties explicitly agree otherwise in writing.
2. All prices are quoted in Euros are inclusive of any governmental fees unless specified.
3. The package price for the chosen service is stated in the quotation. Additional costs, such as fees for licenses, maintenance or travel costs, are stated separately in the quotation.
4. If no fixed price has been agreed on, the hourly rate will be determined based on the nature of work and the hours completed. The quotation will include an estimate of the required needed. This estimate is based on experiences with similar projects. No rights can be derived from this estimate. If it appears that more hours are required, this will be clearly communicated to the client beforehand. The final project fee is calculated according to the hourly rates of StartDigital.Academy based on the hours actually required.
5. By the acceptance of the quote, the obligation to pay established. StartDigital.Academy has the right to request a deposit. Unless otherwise agreed by the parties, the remaining part of the payment before going live or access to the functionality of the created content will be paid. If the payment is later than 4 weeks of the agreed date, after payment of the first invoice, StartDigital.Academy is entitled to require the second part of the payment after 4 weeks. Ownership of the content will never be transferred until full payment has been made.
6. By accepting this agreement the rates are agreed on when entering into the agreement and are based on the price level applied at that time. StartDigital.Academy has the right to adjust the fees annually. StartDigital.Academy also has the right to adjust the fees at any time if the circumstances require it. Adjusted rates will be communicated to the client as soon as possible.
7. If appropriate, the client can receive an invoice for costs that involved additional work caused by changed wishes or circumstances. Additional work will be communicated to the client by StartDigital.Academy beforehand and will only be carried out after approval.
8. Additional work may arise from things such as revisions that take place outside the standard agreed revision rounds and for minor adjustments and corrections after the the clients changed its wishes.
9. Invoices must be paid within 7 calendar days of the invoice date unless the parties have agreed otherwise in writing or different payment term are stated on the invoice.
10. If the client fails to pay an invoice on time, it will be in default by operation of law and owe statutory interest. The interest on the due amount will be calculated from the moment the client is in default until the moment of payment of the full amount due.
11, If the client is in default or omission in the fulfilment of his obligations, all reasonable costs incurred in obtaining a settlement out of court will be borne by the client.
12. In the event of liquidation, bankruptcy, seizure or suspension of payment of the client, StartDigital.Academy’s claims are immediately due and payable.
Article 5 Provision of information to the client
1. The client will make all information relevant to the execution of the assignment available to StartDigital.Academy in a timely manner.
2. The client guarantees the correctness, completeness and reliability of the information made available, even if it originates from third parties. StartDigital.Academy will treat the data confidentially.
3. The client indemnifies StartDigital.Academy against any damage resulting from failure to comply with the provisions of this article.
4. If the client does not or not timely make the required information available and the execution of the order is delayed as a result, the resulting additional costs will be borne by the client.
4. Projects and assignments only started when all information has been provided by the client. If the content has not been delivered in full after 4 weeks, StartDigital.Academy is entitled to charge the final invoice.
Article 6 Execution of the agreement
1. StartDigital.Academy executes the agreement to the best of its knowledge and ability. It is not liable for failure to achieve the result that the client intended.
2. Because the services of StartDigital.Academy are delivered online, it cannot guarantee that its services are available at any time at any location.
Article 7 Changes and cancellation
- In the event of unforeseen circumstances, StartDigital.Academy has the option of suspending, postponing or ending the activities. Unforeseen circumstances include, among other things such as illness or circumstances that arise with regard to materials that are necessary for the proper performance of the agreement. StartDigital.Academy will notify the client of a change as referred to in this paragraph as soon as possible.
- If during the execution of the agreement it appears that it is necessary for proper execution to change or supplement work, the parties will adjust the agreement in good time and in consultation.
- Cancellation by the client of an agreement is only possible in writing per email to nina@StartDigital.Academy Cancellation after acceptance of the quotation, but before the start of the work, will result in payment of 50% of the quoted costs; cancellation after commencement of the work results in the obligation to pay 70% of the quoted amount. When working on the basis of an hourly rate, the hours worked so far are immediately due and payable in the event of cancellation. The client is never entitled to use the work, including but not limited to designs unless the fully quoted work is completed and paid for.
- For services purchased from third parties, including hosting, domain names and licenses, terms of the third provider apply, which are subject to possible changes. These services will be extended if the client does not cancel at least one calendar month in advance.
- It is not possible to exchange and/or return purchased digital products, including an e-book or an online course. By ordering and paying for digital products, the client gains access to his purchase. Thereby, the clients agreed to waive the right to make use of the reflection period and the right to withdraw from the agreement.
- StartDigital.Academy reserves the right to make changes to the dates and location of a workshop. In case the location or dates are changed, the client has the right to cancel within 72 hours after notification of the change or to register free of charge for a workshop at a later time. Any refund of the amount already paid by the client will take place within 10 working days after the change.
- If the client is unexpectedly unable to attend a workshop, the following cancellation conditions apply: the client is entitled to transfer the proof of purchase to another, as long as this other person meets the same participation conditions and the new data is passed on to StartDigital.Academy. The client is not entitled to a refund of the purchase amount.
- Contrary to what is stated in the previous paragraph of this article, deviating conditions of an event platform such as “Eventbrite” may apply to the purchase of tickets for a workshop.
- StartDigital.Academy reserves the right to change or discontinue some or all of the functionality of one or more parts of online programs at any time for a specified period or forever. This will be communicated to the client at all times.
- In the event of a change as referred to in the previous paragraph of this article, for whatever reason, the client is only entitled to a pro-rata refund of the amount already paid to StartDigital.Academy.
Article 8 Force Majeure
- In case of force majeure, StartDigital.Academy is entitled to interrupt, move or cancel the activities. Force majeure applies, among other things, if the performance of the work, whether or not temporarily, is prevented by circumstances over which StartDigital.Academy cannot reasonably influence, such as illness, accidents or fire.
- If a situation as described in the first paragraph of this article arises, the obligations of StartDigital.Academy towards the client will be suspended as long as it cannot meet its obligations. If this situation has lasted longer than 3 calendar months, both parties have the right to dissolve the agreement in writing. There is an immediate claim on the costs incurred up to that point.
Article 9 Liability for damage
- StartDigital.Academy is not liable for damage resulting from this agreement, unless the damage was caused intentionally or with gross negligence.
- StartDigital.Academy is not liable for damage that arises because it is based on incorrect or incomplete information provided by or on behalf of the client.
- Client remains responsible at all times for the application or execution of knowledge or actions as advised by StartDigital.Academy.
- The client is ultimately responsible for checking the quality of the work delivered and for making full backups on time, where applicable.
- StartDigital.Academy is not responsible for acts and actions, including delays, caused by suppliers.
- StartDigital.Academy cannot be held responsible for color deviations on non-calibrated screens and prints supplied by a person other than a designer.
- StartDigital.Academy is not liable for situations that are beyond its reach, including hacks, loss of data or inaccessibility of the website due to network outages.
- StartDigital.Academy is not liable for the consequences of any adjustment by the client or third parties.
- StartDigital.Academy is not liable for errors in supplied texts or incorrect use of copyright image when the client has given his approval for the concept or has been given the opportunity to do so and has not made use of it.
- StartDigital.Academy is not responsible for conducting research into the existence of rights of third parties. The client confirms that all documents delivered to StartDigital.Academy are the property of the client and hereby excludes liability.
- In the event that StartDigital.Academy owes compensation to the client, the damage will not exceed the amount paid out by the liability insurance or invoiced by StartDigital.Academy to the client.
- The client indemnifies StartDigital.Academy against all claims from third parties related to the services and goods it supplies.
Article 10 Special Provisions
- After delivery of a website by StartDigital.Academy, the client is responsible for its content, unless otherwise agreed.
- When a defect arises in the website due to the actions of the client, StartDigital.Academy can be engaged to repair this defect. These additional costs will be quoted and invoiced separately.
- It is not permitted to use services made available by StartDigital.Academy for acts and conduct that are contrary to the law, morality and public order. This includes, but is not limited to, spamming, the distribution of child pornography, sexual harassment, discrimination, threats and hacking.
- StartDigital.Academy is entitled to decommission the provided access to and use of the services if the client acts contrary to the provisions of the previous paragraphs. Claims will not lapse.
- A login is personal and its use is only for the client. The client is not permitted to let others use his login or to make it available to third parties without the prior, explicit permission of StartDigital.Academy. StartDigital.Academy is not responsible for consequences arising from login details provided to third parties.
- During an online course, participants can communicate with each other, for example by posting comments in the closed group on Facebook. The client declares not to send spam or otherwise unwanted communications. Acting in violation of these conditions can result in immediate denial of access and use of the services of StartDigital.Academy.
- StartDigital.Academy is at all times free to delete communication or other parts of the shared information without further notice, if the content of this communication and information justifies its removal.
- StartDigital.Academy reserves the right to exclude participants whose behavior hinders or complicates the course of a workshop from further participation in the relevant workshop or future workshops. Exclusion does not affect the obligation to pay the costs for the workshop concerned.
Article 11 Special provisions for the purchase of digital products
- The purchase of a digital product provides direct access. These purchases are therefore excluded from the right of withdrawal.
- Purchases of online courses provide access within 24 hours. These purchases are refundable if only the product has not been used, meaning the clients haven’t opened up any of the course materials, modules and lessons
- Purchases that have been used for more than 20% are not refundable. This means that no more 20% of the total steps of each course have been completed. The button below each lesson ‘Mark as complete’ means you have completed the lesson.
- StartDigital.Academy reserves the right to exclude refund requests if the client has taken the course and completed more than 20% of the lessons.
- A purchase may only be used for 1 person only. Access to an online product is personal and may not be passed on to a third party. Access to online courses of StartDigital.Academy grand access to the client for 365 days from the date of purchase.
Article 12 Intellectual property
- The intellectual property rights to the content, materials, goods, services, programs, codes and advice made available to the client by StartDigital.Academy rest with StartDigital.Academy. The client is expressly not permitted to reproduce, publish or make available the delivered goods to third parties without prior permission.
- StartDigital.Academy remains the owner of the content, source code and software, unless stated otherwise. Client only has a right of use.
- If the client makes changes to the content supplied by StartDigital.Academy, the warranty on the work will lapse.
- StartDigital.Academy has the right to publish the content, or to release the website, after full payment of the amount due.
- StartDigital.Academy is entitled to state its name in the footer of the website when it is responsible for its design. If the client makes changes to the website, it will be determined in mutual consultation who the copyright of the entire website will be held by these changes and whether attribution is still desired.
- By entering into the agreement, the client gives StartDigital.Academy permission to use visual material for its portfolio, unless explicitly objected in advance.
- Client is responsible for the content of the website and the continuous permission thereof. The Client must respect the intellectual property of third parties and indemnify StartDigital.Academy against any claims by third parties. An investigation into the existence of such rights is not part of any agreement that StartDigital.Academy enters into.
- When image recordings are made during a workshop by the client, this must at all times be made known to StartDigital.Academy and it is expressly prohibited to use these recordings for purposes other than personal use. When other participants appear on this image material, their permission is also required.
- StartDigital.Academy grants the client a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use the online course for personal purposes.
- Upon termination of the online program, the right of the client to log in expires. The information and services provided during the term of the agreement remain the property of StartDigital.Academy. It is the client’s own responsibility to store the material, where the option is given.
Article 13 Confidentiality
Both parties are bound to secrecy of all confidential information obtained in the context of their agreement. Client is referred to the privacy statement for more information.
Article 14 Delivery
- StartDigital.Academy makes every effort to deliver the desired content as soon as possible. The estimated delivery time must be taken into account, unless otherwise agreed by the parties.
- Designs are delivered with different proposals, unless otherwise agreed. After first delivery, a maximum agreed number of revision rounds will take place. Adjusted wishes of the client, or revisions that fall outside the agreed rounds or lap time, can yield an additional price.
- Content is delivered digitally, unless otherwise agreed.
- The shipping address is the address provided by the client. StartDigital.Academy is not liable for errors in the provision of this delivery information.
Article 15 Complaints and revisions
- The client is obliged to submit complaints about quotations, invoices and / or the services or goods provided to StartDigital.Academy in writing and with reasons within 7 calendar days after the complaint arose. It strives to handle complaints substantively within 14 working days.
- If a defect is reported later, or if feedback is not provided at the agreed times, the client no longer has an absolute right to repair, replacement or compensation within the current agreement. Revisions will be processed outside the agreed rounds on the basis of the hourly rate of StartDigital.Academy.
- Submitting a complaint does not suspend the payment obligation.
- If the client makes changes to the content delivered by StartDigital.Academy, the warranty on the work delivered will expire completely.
Article 15 Dispute settlement governed by
- These general terms and conditions areHong Kong law.
- The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
- All disputes will be settled by the competent court in the district in which StartDigital.Academy is located.
- Contrary to the statutory limitation periods, the limitation period for all claims and defenses against StartDigital.Academy and third parties involved is 12 months.
Clients can contact StartDigital.Academy via email only to firstname.lastname@example.org with a response time of 5 business days.