In this section, you will find the terms and conditions of SUE | Behavioural Design and SUE | Behavioural Design Academy. Our ultimate goal is to make you extremely excited and happy with our services, so don’t hesitate to contact us if you’ve any further questions.
The Terms and Conditions.
Terms and Conditions
SUE Behavioural Design, is a trade name of SUE Amsterdam BV, registered in the Chamber of Commerce under registration no. 54111757.
a. These conditions apply to quotations, offers and agreements relating to the business services of SUE Amsterdam B.V., trading under the name of SUE Behavioural Design, hereinafter referred to as SUE BD, and the resulting activities and deliveries by or on behalf of SUE BD.
b. Deviations from these terms and conditions are only valid if agreed upon in writing between the parties.
c. Applicability of the client’s terms and conditions, however designated, is expressly excluded.
2. Quotations and Offers
a. Offers are without obligation. Offers have a validity of 30 days. Prices are excluding VAT.
b. Terms mentioned in offers and quotations are always indicative and only take effect from the moment that the client has supplied all requested information and materials correctly, completely, and usefully.
a. The client is bound by and with effect from the issue of the order. The contract come into effect after written confirmation of the order by SUE BD.
b. SUE BD will not start the execution of the assignment until it has received an agreement on the budget and a PO number if applicable.
c. SUE BD is remunerated in accordance with the agreements laid down in the order or budget.
d. SUE BD is entitled to engage third parties to carry out the assignment.
e. Changes to the order, after it has been issued, and/or changes to the planning are only binding if they have been agreed upon on time and in writing.
f. Changes to the order and/or the planning and/or the late delivery of information and materials by the client may result in the previously agreed timeframes / turnaround times not being achievable.
g. The additional costs resulting from changes and/or late delivery shall be borne by the client. SUE BD shall inform the client as soon as possible of the financial and/or qualitative consequences.
h. In the event of withdrawal of the order, before its completion, the client shall owe SUE BD the already invested hours and incurred costs.
4. Client’s obligations
a. The client shall provide SUE BD with all information and materials relevant to the proper and qualitative execution of the assignment, in a timely manner and in the desired form and manner.
b. The client guarantees the accuracy, completeness and reliability of this information and materials.
c. The client makes every effort to ensure the active participation of the persons participating for or on behalf of him in sprints and/or training courses in order to promote the successful completion of the assignment.
d. The client shall ensure that persons taking part in sprints and/or training courses are bound to the the articles of these terms and conditions that are relevant to them (article 7 liability, article 8 intellectual property and article 10 privacy).
5. SUE BD’s obligations
a. SUE BD provides a best-efforts obligation and performs the contract in accordance with the assignment to the best of its understanding and ability and in accordance with the requirements of good craftsmanship.
b. SUE BD will employ qualified supervisors and instructors in sprint trainings and in company trainings respectively and is committed to the successful completion of the assignment.
c. SUE BD shall treat as confidential the information and materials received from the client in the context of the assignment and, if so desired, return them to the client at the end of the assignment and/or destroy them.
6. Billing and Payment
a. SUE BD invoices 75% of the amounts agreed in the approved budget prior to the sprint or training and 25% afterwards.
b. SUE BD applies a payment term of 15 days on the understanding that the first instalment of 75% must be received on the specified IBAN account number before the start of the sprint or training. Objection to (part of) an invoice and/or the execution does not affect the obligation to pay the invoice on time and in full.
c. In the event of non-payment, late, or incomplete fulfilment of the payment obligation, the client shall be in default by operation of law without a reminder being required. From the moment of default, the client shall owe the statutory commercial interest on the principal sum. From that moment, SUE BD shall be entitled to suspend its obligations until the client has fulfilled its obligations in full.
d. In the event of default by the client, SUE BD shall proceed to collection and all reasonable collection costs shall be for the client’s account, with a minimum of €250.
a. Any liability on the part of SUE BD and any (legal) person engaged in the conclusion and/or execution of the contract (hereinafter to be referred to as SUE BD plus) shall at all times be limited direct damage and to the agreed price of the order.
b. SUE BD plus is not liable for the malfunctioning of any equipment, software, data files or other items used in the execution of the order, with no exceptions.
c. SUE BD plus shall not be liable for damage to or loss of property of persons taking part in sprints and/or training courses for or on behalf of the client.
d. SUE BD plus is not liable for errors of any kind in the documents and materials used by its supervisors and instructors, as referred to in Article 8.a below, and/or in the information and advice given orally by them, nor for any consequential damage resulting therefrom.
e. Liability on the part of SUE BD plus for damage resulting from intent or deliberate recklessness is not excluded.
8. Confidentiality and Secrecy
a. The client and SUE BD (hereinafter referred to as: the parties) shall reciprocally be liable for the confidential treatment and confidentiality of the data, information, assignments, work and materials made available by them, including offers, ideas, advice, concepts and other documents and materials originating from SUE, such as but not limited to syllabi, publications, templates, models, systems, strategies, structures, tools, logos and pay-offs (hereinafter referred to as: “data”), which by their nature are confidential and/or protected by any intellectual property right or the right of protection of trade secrets.
b. Parties shall only use ‘these data’ in the context of the acquisition and/or execution of the assignment and shall not share it, without prior written permission, with third parties other than those persons participating in sprints and/or training courses for or on behalf of the client or contributing to its execution for or on behalf of SUE BD without permission.
c. Any further use or exploitation of ‘these data’ constitutes a breach of this provision.
d. The parties undertake to require both the persons referred to in the previous paragraph and third parties to treat ‘these data’ with the same degree of confidentiality and secrecy.
9. Intellectual property rights
a. The intellectual property rights, such as copyrights, model rights, trademark rights, and trade name rights, on the graphical interface of SUE BD’s website and on its the texts and images, and the materials provided by SUE BD to the client in the context of the agreement and to the persons taking part in sprints and/or training courses for or on behalf of the client, such as but not limited to syllabi, publications, templates, models, systems, strategies, structures, tools, logos and pay-offs, belong exclusively to SUE BD and/or third parties with whom SUE BD has licensing agreements.
b. SUE | Influence Framework, SUE | Behavioural Design Canvas, SUE | Behavioural Design Method and SUE | Behavioural Ideation Model are trade names of SUE Amsterdam BV. SUE is a registered trademark of SUE BD.
c. The materials provided by SUE BD are intended exclusively for the client’s own use and may only be used by the client in the framework of the order, and by third parties with whom the client has shared them and persons taking part in sprints and/or training courses within the framework thereof.
d. Any further use or exploitation of these materials shall constitute an infringement and thus a violation of this provision by the client.
a. The data provided by the client will be used by SUE BD exclusively for administrative and communication purposes relating to the sprint or training and its execution.
b. Photographs of participants may be taken during or at the conclusion of the sprint or training for the purpose of SUE BD’s sprint and training related publicity via internet and social media. Permission will be requested prior to taking photographs. This permission may be revoked at any time.
c. SUE BD acts in accordance with the General Data Protection Regulation (GDPR/AVG). See the privacy statement of SUE Amsterdam BV on the website.
a. Sprints are planned as much as possible to take place on consecutive days to increase efficiency and learning effect.
b. If it has been agreed that the sprint will take place at the client’s premises, the client must provide its own catering, beamer, flipchart, markers, post-its and any other required materials and provisions, unless otherwise explicitly agreed upon in writing. SUE BD will also charge additional travel, parking and accommodation costs for instructors and on-site supervision.
12. In-Company Training
a. If the in-company training does not take place at SUE BD, the budget does not include external location and catering costs and remaining necessary provisions, and the parties must explicitly agree in writing on the location, catering and presence of the necessary presentation materials such as beamer, flipchart, pens and post-its and remaining necessary provisions and the incurred costs, that are at the expense of the client.
b. All costs mentioned on the budget are included, additional costs or extra deliveries will always be discussed with the client first.
a. Cancellation of the assignment by the client shall only be possible prior to the start date of the sprint or in company training. It shall be subject to the following cancellation costs (% of the agreed order or budget), which may then be charged by SUE BD:
i. Up to two months before: 20%
ii. Between two months and one month before: 25%
iii. Between one month and two weeks before: 50%
vi. Less than 2 weeks before: 100%
14. Force majeure
a. In the event that the parties are prevented by force majeure from carrying out the agreed assignment in full and/or on time, after two months have elapsed since the force majeure occurred, they shall be entitled to suspend performance or to dissolve the agreement in full or in part by means of a written statement, without being obliged to pay .compensation. In that case, client will reimburse the costs of the part of the assignment already performed
b. In addition to the provisions of Article 6:75 Civil Code (BW) such circumstances of force majeure include expropriation or confiscation of facilities; war, hostilities, rebellion, terrorist activities, local, regional or national emergencies, sabotage or riots; earthquake, flooding or other extreme consequences of unusually severe weather conditions; fire, explosions or other disasters; epidemics, pandemics, quarantine measures; power failure, computer virus, computer hack, telecommunication infrastructure failure; government measures; strikes and work stoppages; breach of contract by suppliers or other third parties and in general all external unforeseeable causes and circumstances beyond the parties’ control.
15. Fines and Disputes
a. If the client infringes the provisions of article 8 (confidentiality and secrecy) and/or article 9 (intellectual property), regardless of whether the infringement is attributable to him, the client shall forfeit to SUE BD, without prior notice of default or legal proceedings, an immediately payable penalty of €50,000 (fifty thousand euros) per infringement and an amount of €5,000 (five thousand euros) per day that the infringement continues, without prejudice to the right to claim damages.
b. These general conditions and the agreement concluded with SUE BD is governed by Dutch law.
c. Disputes regarding these general conditions and the agreement concluded with SUE BD shall exclusively be submitted to the competent court in Amsterdam.
SUE Behavioural Design Academy is a trade name of SUE Amsterdam BV, registered in the Chamber of Commerce under registration no. 54111757
Terms and Conditions for Consumers (Private Education and Training)
For consumers the Terms and Conditions for Consumers of the Dutch Council for Training and Education (NRTO) are leading. You can find them here: https://www.nrto.nl/kwaliteit/algemene-voorwaarden/
Terms and condition for business clients.
Article 1 – Definitions
a. Subscription: An arrangement whereby a one-off or periodic payment gives right to unrestricted use of a study offer for a certain period of time.
b. Education: Education, study programme, course and/or training, distance education as well as face-to-face instruction.
c. Distance education: A form of education whereby the teacher and you will not be simultaneously present in person.
d. Face-to-face instruction: Form of education with direct interaction between the teacher and the student or the course participant.
e. APL: Acquired competences, obtained during earlier work experience or courses attended. APLs are determined by means of assessments and can result in shortened (expedited) training courses.
f. Formal education: Education that is regulated by specific educational legislation and that is concluded with a formal diploma, being a diploma recognised by law.
g. Informal education: Education that is not regulated by specific educational legislation.
h. Educational service: Providing education, study programmes and/or training and/or the provision of teaching materials and/or offering (modular) examinations and/or an APL course and/or another form of assessment.
i. Agreement Distance contract: An agreement as referred to in article 2 subclause 1. An agreement that is concluded between the entrepreneur and you in the context of an organised system for the distance-selling of products, digital content and/or services, whereby up to and including the concluding of the agreement exclusive use is made of one or more means of distance communication
j. Entrepreneur: A natural person or legal entity who/which is a member of the NRTO and provides an educational service.
k. Start-up costs: The costs a trainer has incurred in advance for the performance of the study agreement. A trainer always incurs start-up costs for you. These costs include: administration costs, IT costs, marketing costs, personnel costs; hiring a training location; sending and following up on the documents to be sent or to be submitted by the student, including the education agreement; if applicable, taking an intake test and/or conducting an intake interview; planning and compiling the groups, timetables and recruiting and scheduling the instructors; specific information/information provision; distribution of information material; administrative processing of registration; creating the student file; creating and configuring the student account in the online learning environment; preparations for and implementation of any introduction; related expenses such as postage, online licence fees, costs for intake tests, information material, etc.) Or other costs to the extent that a trainer can demonstrate these.
l. You: The natural person who does not act in the exercise of an occupation or company and who purchases an educational service from the entrepreneur.
Article 2 – Applicability
1. These General Terms and Conditions apply to all agreements concluded between the entrepreneur and you with regard to an educational service concerning formal education as well as informal education.
2. If the entrepreneur also uses other (sector-related) general terms and conditions and these terms and conditions have not come into effect in consultation with consumer organisations, these terms and conditions will not apply to the agreement.
This will not be the case if provisions are included regarding which nothing has been arranged in these general terms and conditions. All documents form part of the agreement, but there may not be any inconsistency. For example, the provisions of the Education and Examination Regulations (EER), the education agreement or the registration form. In the event of inconsistency, the provision that is most favourable for you will apply. However, the entrepreneur is always permitted to derogate, including from the general terms and conditions, to your advantage. If exclusively (modular) examinations, APL courses, or other forms of assessment are offered, the provisions of articles 3 subclause 3 under b, 5 subclause 1, 8 subclause 1, 8 subclause 2 under b, and 9 subclause 1 will not apply. If exclusively (modular) examinations are offered, the provisions of article 5 subclause 1 and subclauses 3 up to and including 7 will not apply.
3. The entrepreneur can also use other general terms and conditions that have come into effect in consultation with one or more consumer organisations. In that case, the disputes committee referred to in article 16 will determine which terms and conditions apply to the agreement on the basis of that which parties have agreed to regarding this at the coming into effect the agreement.
Article 3 – Offer
1. The entrepreneur will issue the offer (preferably) in writing, or as the case may be by electronic means.
2. The offer will contain a complete and precise description of the educational service and/or of the teaching materials that form part of the educational service. The offer will also set out whether the use of these teaching materials is mandatory.
3. Every offer must contain such information, that it is clear to you what the rights and obligations are which are attached to the acceptance of the offer. The offer will in any event set out the following details in a clear and comprehensible manner;
a. in the event of an agreement related to an educational service;
- the manner of performance of the agreement;
- when the educational service starts;
- the terms and conditions under which the educational service might be cancelled;
- insofar as applicable: the admission requirements to be permitted to participate in the education;
- the price, including all additional costs and taxes;
- the payment method;
- the duration of the agreement,
b. or in the event of an agreement related to the purchase of teaching materials:
- the price, including all additional costs and taxes;
- the payment method, the manner of delivery of the teaching materials and/or the performance of the agreement;
- the delivery period of the teaching materials.
4. You will be expressly informed of these general terms and conditions prior to entering into the agreement, and these will form an integral part of the general information provided by the entrepreneur.
5. The entrepreneur is permitted to attach the condition to issuing an offer and/or the acceptance of an assignment that you provide your personal data and, insofar as the regulations of authorities necessitate this and/or permit this, that you submit a copy of a valid passport or a valid identity card.
6. Without prejudice to the provisions of subclause 1 up to and including 5, the offer of a distance agreement will furthermore contain the following details:
a. the identity and the address of the entrepreneur, including the address of the business location of the entrepreneur;
b. your right to terminate the agreement within fourteen days in accordance with article 5 subclauses 5 and 6;
c. if additional costs will be charged for contact with the entrepreneur by telephone or via the internet: the amount of the applicable rate;
d. the validity period of the offer.
Article 4 – Agreement
1. The agreement comes into effect by means of your acceptance of the offer. After the coming into effect of the agreement you will receive confirmation of this in writing or by electronic means.
2. In the event of your providing an assignment by electronic means, the entrepreneur will send a confirmation by electronic means to you; as long as the receipt of an electronically accepted assignment has not been confirmed by the entrepreneur, you can cancel the assignment.
3. After a distance agreement has come into effect, the details referred to in article 3 subclause 3 and subclause 6 will be provided to you in writing, or in another data carrier available to you and permanently accessible for you.
Article 5 – Cancellation and (early) termination of the agreement
1. You can at any time cancel and terminate an agreement concluded for a specific duration. The entrepreneur will provide you with confirmation of this. If there is an agreement concerning face-to-face instruction with a recorded starting date, the following cancellation provisions and early termination arrangement will apply after the end of any cooling-off period. In that case, you pay: a reasonable fee for the work already performed, including the Start-up costs. For the sake of clarity, below you will find a summary of these costs as a percentage of the agreed price. These percentages relate to the maximum fee to be paid. If the reasonable fee to be paid is lower, you will be charged a lower fee. Upon request, the amount of the fee will be substantiated by the entrepreneur.
a. The customer can cancel his registration before the start of the education/training. In doing so, the customer shall owe the following percentages of the course fee until the commencement date of the course:
- Up until two weeks before: 25%
- Between two and one week before: 50%
- Between one week and 3 days before: 75%
- Less than 3 days before: 100%
2. Cancellation prior to the commencement of the face-to-face instruction, or early termination, will take place in writing, or as the case may be by electronic means;
3. If there is only an agreement concerning a (modular) examination or an APL course, the following cancellation provisions will apply after the expiry of any cooling-off period:
a. cancellation prior to commencement will take place in writing, or as the case may be by electronic means;
b. in the event of cancellation until six weeks prior to commencement you will owe the administrative costs with a maximum of € 50. In the event of ‘computer-based examinations’ this period will be two weeks prior to commencement;
c. in the event of later cancellation you will owe the full agreed price. Unless the reasonable fee for the work already performed is lower, in case you will be charged this lower fee. Upon request, the amount of the fee will be substantiated by the entrepreneur.
4. In the event of distance education, cancellation after the agreement has come into effect and after the cooling-off period will be possible, but you will still be obliged to pay the agreed price in full. Unless the reasonable fee for the work already performed is lower, in which case you will be charged this lower fee. Upon request, the amount of the fee will be substantiated by the entrepreneur. Subscription courses may be cancelled free of charge after the agreed subscription period in the case of automatic renewal, with due observance of a maximum notice period of one month.
Article 6 – Copyright
The offered course materials are exclusively intended for personal use. All the items provided by the entrepreneur, such as books, mock examinations, readers and software are protected by copyright vested in the entrepreneur or third parties. Without the express permission from the entrepreneur, the items referred to in this article may not be reproduced, disclosed and/or otherwise brought to the knowledge of third parties or provided to third parties, during the term of the course as well as thereafter, nor is it permitted to disclose the materials in an altered form, or to use these in one’s own name without permission in writing from the entrepreneur. The copyright/ownership rights to the course are fully vested in the entrepreneur.
Article 7 – Price changes
1. If, within three months after the concluding of the agreement but still prior to the commencement of the educational service, a price change occurs, this will not have any impact on the agreed price.
2. You will have the right to terminate the agreement if, after three months from the concluding of the agreement but prior to the commencement of the educational service, the price is increased.
3. Subclauses 1 and 2 do not apply to price changes ensuing from the law.
Article 8 – Delivery
1. Teaching materials
a. The entrepreneur will deliver the teaching materials to you in a timely manner. Delivery in a timely manner is also taken to mean providing access to the teaching materials that are offered by electronic means in a timely manner.
b.For the purchase of teaching materials without education, the maximum delivery period is 30 days, unless agreed otherwise. If this delivery period is exceeded, you can terminate the agreement without further notice of default.
c. The entrepreneur will immediately replace incorrect or damaged teaching materials without any costs for you.
2. Correction work
a. You will be informed of the period within which the assignments or tests sent in will be corrected.
b. The time of receiving the corrections back must be in a reasonable proportion to the time of the commencement of the continuation of the education, or as the case may be of any resits.
Article 9 – Conformity and failure to comply with the agreement
1. The educational service and the teachingmaterials provided must meet your reasonable expectations. If you do not fulfill your obligations, the entrepreneur will be entitled to suspend his obligations. If the entrepreneur does not fulfill his obligations, you will be permitted to suspend your obligations. In the event of partial or improper fulfillment, suspension will only be permitted insofar as the failure justifies this.
Article 10 – Payment
Article 11 – Payment not made in a timely manner
You will be in default from the expiry of the payment date. After the expiry of this date the entrepreneur will send a payment reminder without charge and provide you with the opportunity to still make the payment within 14 days after receipt of this payment reminder.
a. If you do not fulfil your payment obligation(s) in a timely manner, the entrepreneur will send a reminder to you. You will be given 14 days to make the payment.
b. If, after the expiry of this period, you have not paid, the entrepreneur will be entitled to charge the statutory interest over the amount still owed as well as the extrajudicial collection costs.
Article 12 – Suspension
The entrepreneur will suspend the charging of interest and collection costs during the period in which a complaint or a dispute is being dealt with in conformity with the provisions of articles 15 and 16.
Article 13 – Liability on the part of the entrepreneur
Insofar as the entrepreneur fails attributably and you suffer damage as a result, the liability on the part of the entrepreneur for damage, which is not the result of injury, death, or property damage, will be limited to the payment of direct damage. The liability on the part of the entrepreneur for injury, death, or property damage is not excluded or limited. The liability applies to persons employed by the entrepreneur, or as the case may be to persons who are engaged by the entrepreneur for the performance of the agreement.
Article 14 – Confidentiality
The information provided by you to the entrepreneur, his personnel and/or persons who work for him, will be treated with confidentiality. The entrepreneur complies with the applicable privacy legislation.
Article 15 – Questions and complaints
1. The entrepreneur has the intention to answer the question or complaint as soon as possible and to your full satisfaction. The entrepreneur can be reached by telephone and by email for dealing with questions or complaints of an administrative nature, or regarding the contents of the course. These questions or complaints will be answered by the entrepreneur within ten working days, to be calculated from the date of receipt. Questions or complaints that require a longer processing time will be answered by the entrepreneur by return of post with acknowledgement of receipt and an indication of when you can expect an answer.
2. The entrepreneur does of course everything possible to prevent errors in your study package and to prevent the dispatch thereof. If something is nevertheless not in order, you can report this within ten days after receipt of the package. Any complaint must be submitted to the entrepreneur in a timely manner and fully and clearly described. Complaints that are not submitted within 2 months will not be dealt with. If the complaint cannot be resolved in mutual consultation, a dispute will have arisen that will be eligible for the dispute settlement rules of article 16.
Article 16 – Dispute settlement rules
1. The agreement is governed by the law of the Netherlands, unless on the basis of mandatory legal provisions the law of another country applies.
2. Disputes between you and the entrepreneur regarding the coming into effect or the performance of agreements with regard to the services and items delivered or to be delivered by the entrepreneur, can be submitted by you as well as by the entrepreneur to the Disputes Committee for Private Educational Institutions; further information can be found at: www.degeschillencommissie.nl.
3. The Disputes Committee will only accept a dispute if you have submitted a complaint in accordance with the provisions of article 15 to the entrepreneur and this has not resulted in a solution that is satisfactory for both parties.
4. A dispute must be submitted to the Disputes Committee within twelve months after submitting the complaint in accordance with the provisions of article 15.
5. A payment will be owed for dealing with a dispute.
6. If you submit a dispute to the Disputes Committee, the entrepreneur will be bound by this choice.
7. If the entrepreneur wants to submit a dispute to the Disputes Committee, the entrepreneur must first request in writing that you state within 5 weeks whether you agree to this. The entrepreneur must thereby announce that he will consider himself to be free after the expiry of the aforesaid period to submit the dispute to the regular court.
8. The Disputes Committee will make a decision with due observance of the provisions of the regulations applicable to it. The decision of the Disputes Committee will take place by means of binding advice.
9. Exclusively in those cases of formal education for which binding legal dispute settlement rules have been provided, such as those for examination of the student, the provisions of subclauses 2 up to and including 8 of this article will not apply.
Article 17 – Performance bond
1. The NRTO guarantees compliance by its members with the binding decision of the Disputes Committee for Private Educational Institutions, unless the member submits the binding decision within two months after the sending thereof to the court for annulment.
2. The NRTO does not provide any performance bond if before you have met the acceptance requirements (payment of the complaint-filing fee, the receipt of the filled in and signed questionnaire and any deposit) for the purpose of dealing with the dispute, one of the following situations occurs:
- a moratorium is granted to the member, or
- the member is declared bankrupt, or
- the business activities have actually been terminated.
The determining factor for the latter situation is the date on which the business discontinuation was registered in the Commercial Register, or an earlier date, regarding which the NRTO can make it plausible that the business activities have actually been terminated.
3. The guarantee provided by the NRTO is limited to € 5,000 per binding decision. The NRTO provides this guarantee under the condition that you invoke this guarantee and that you transfer (assign) the claim on the basis of the binding decision to the NRTO up to a maximum of the paid amount simultaneously with the honouring of your reliance on the performance bond.
For the part exceeding this amount, the NRTO has an obligation to use best endeavours to ensure that the member complies with the binding advice.
Article 18 – Amendment
The NRTO will only amend these General terms and Conditions in consultation with the Dutch Consumers’ Association.
Code of Conduct
SUE Behavioral Design Academy holds the NRTO quality mark for quality and professionalism. SUE Behavioral Design Academy follows the guidelines of the NRTO when drawing up the general terms and conditions and the complaints procedure and conforms to the code of conduct of the NRTO. The code of conduct can be found here.
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