The Terms and Conditions of SUE | Behavioural Design

SUE Behavioural Design, is a trade name of SUE Amsterdam BV, registered in the Chamber of Commerce under registration no. 54111757.

1. Applicability

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.

3. Assignments

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.

7. Liability

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 BDA 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.

10. Privacy

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.

11. Sprints

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.

13. Cancellation

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.

1. Applicability

a. These terms and conditions apply to education and training courses offered and booked via the SUE Behavioural Design Academy website (https://suebehaviouraldesign.com/ ) (hereinafter referred to as SUE BDA).
b. Deviations from these terms and conditions are only valid if agreed upon in writing.
c. Applicability of the customer’s terms and conditions, however named, is expressly excluded.

2. Offer

a. The offer of education and training is always subject to availability and sufficient interest.
b. Customers may revoke their registration free of charge within 14 days after the conclusion of the contract by sending an email to info@behaviouraldesignacademy.com with notice of cancellation or revocation of the registration. Course materials already received must be returned simultaneously in their original packaging and undamaged.

3. Agreement

a. The agreement is concluded by SUE BDA’s written confirmation of registration for participation and is entered into for the duration of the education/training in question.
b. SUE BDA works according to the mission ‘to unlock the power of behavioural psychology to nudge people into making better choices in work, life, and play’. SUE BDA therefore reserves the right to refuse registration to persons working or involved in an organisation that promotes racism, sexism, the use of alcohol/drugs/tobacco, violates animal rights or promotes any other form of unhealthy or unethical behaviour.
c. SUE BDA makes an effort to provide quality education/training with qualified instructors and makes every effort to ensure that the client completes it with the intended results.
d. Customer makes an effort to participate in the education/training with full dedication and commitment in order to be able to complete it with the intended result.

4. Price and payment

a. Indicated prices include the costs for the course materials referred on the website, and are excluding VAT.
b. SUE BDA invoices the training/education price immediately after confirmation of registration.
c. SUE BDA operates under a payment term of 7 days, unless stated otherwise and on the understanding that the course fee must always be received by SUE BDA on the IBAN number provided, prior to the start of the training/education.
d. Payment in a maximum of 5 instalments is possible on the basis of direct debit, if requested upon registration and permitted.
e. In the event of non-performance, late performance or incomplete performance of the payment obligation, SUE BDA shall be entitled, after having declared the client in default, to exclude the client from (further) participation in the course without prejudice to the fulfilment of the full payment obligation. SUE BDA may also charge the reasonable costs incurred for collection, with a minimum of €250.

5. Cancellation

a. SUE BDA may, at its sole discretion, cancel a training/training course if circumstances give rise to it by offering a free choice to the client to participate on another date or by a voucher for or refund of the course fees (already) paid.
b. 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:

i. Up until two weeks before: 25%
ii. Between two and one week before: 50%
iii. Between one week and 3 days before: 75%
iv. Less than 3 days before: 100%

6. Liability

a. Any liability on the part of SUE BDA and any person or legal entity engaged in the conclusion and/or performance of the contract (hereinafter to be referred to jointly as SUE BDA plus) shall at all times be limited direct damage and to the price of the education/training concerned.
b. SUE BDA plus is not liable for any damage to or loss of property belonging to the client during the course.
c. SUE BDA plus shall not be liable for damage resulting from errors of any kind in the course material and/or in the information and advice given orally by the instructors, nor for any consequential damage resulting therefrom.
d. Liability on the part of SUE BDA plus for damage resulting from intent or wilful recklessness is not excluded.

7. 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 BDA’s website and on its the texts and images, as well as the materials provided by SUE BDA to the client under the contract, 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.
c. 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 BDA.
d. The customer is not allowed to use the intellectual property rights of SUE BDA, in the broadest sense of the word.
e. If the customer violates the preceding provisions, he/she shall forfeit, whether or not the violation is imputable to him/her and without prior notice of default or legal proceedings being required against SUE BDA, an immediately payable fine of €10,000 (ten thousand euros) for each violation and an amount of €1,000 (one thousand euros) for each day that the violation continues, without prejudice to the right to also claim damages.

8. Privacy

a. The data provided by the client at the time of notification will be used by SUE BDA exclusively for administrative and communication purposes related to the education/training and its implementation.
b. Pictures of the participants may be taken during or at the conclusion of the training/education for the purpose of publicity of SUE BDA related to the training/education via internet and social media. Permission will be requested prior to taking the photos. This permission may be revoked at any time.
c. SUE BDA acts in accordance with the General Data Protection Regulation (GDPR/AVG). See the privacy statement of SUE Amsterdam BV on the website.

9. Complaints procedure

a. Complaints should be sent to SUE BDA by email (info@behaviouraldesignacademy.com). SUE BDA will acknowledge receipt within 5 working days and strives to resolve the complaint within 2 weeks. If more time shall be required, the client will be informed within that time period, with explanations for the delay. An indication will be given as to when SUE BDA expects to be able to give a definitive answer.
b. If the client does not agree with SUE BDA’s proposal, he/she may contact Buro Blanchard, Pijnboomstraat 38, 2023 VS Haarlem, the Netherlands (http://blanchard.nl), hereinafter referred to as independent third party. Complaints can be sent by e-mail to frans@blanchard.nl
c. SUE BDA abides by the verdict of this independent third party. Any consequences will be dealt with promptly by BDA.
d. All correspondence relating to complaints will be kept by BDA for the duration of 1 calendar year.

10. Disputes

a. These general conditions and the agreement concluded with SUE BDA is governed by Dutch law.
b. Disputes will exclusively be submitted to the competent court in Amsterdam.