Terms and Conditions

Article 1 General provisions
In these general terms and conditions, the following definitions apply:
a. The organisation: Mathmind.
b. Client: The student or pupil who receives guidance, tutoring, training or a course. In the case of a minor, the client is the parent/supervisor or other person authorized by law for that student.
c. Activity: all activities as stated under registration number Chamber of Commerce that are offered and performed as a service by the organization.

Article 2 Applicability
These general terms and conditions apply to all activities of the organization. Deviations or additions to these general terms and conditions can be agreed upon by agreement.

Article 3 Establishment, duration and termination of the homework guidance/study guidance agreement
3.1 An agreement is never longer than the next agreed tutoring session, it is concluded by oral and written agreement.
3.2. Scheduled tutoring must be canceled at least 24 hours before the start, otherwise the tutoring may still be charged (exceptions are possible in cases of force majeure).
3.2.1. In the event that the teacher is unable to provide the tutoring, the tutoring will be rescheduled or cancelled. If possible, a replacement will be used.

3.3. group tutoring
3.3.1. Groups must be composed by the students/pupils themselves.
3.3.2. In the case of group tutoring, the prices are different than for individual tutoring. They depend on the group size: The larger the group, the lower the costs per individual.
3.3.3. In the event that one of the members of pre-arranged group tutoring does not show up, the members present are responsible for paying the amount that corresponds to the actual number of members during the group tutoring. In addition, members who do not show up are responsible for paying their share of the amount corresponding to the originally agreed group size.

Article 4 Compensation
4.1 The rates for the various services provided by Mathmind are determined each year on January 1 for the following calendar year.

Article 5 Payment terms
5.1 Each tutoring must be paid before the end of this tutoring: this can be done by transferring in advance, making a payment request, cash payment or pin at the tutoring institute itself.
5.2 In the event of late payment, the contracting party is in default. Over the period calculated from the date on which the payment term has expired, until the date of payment to the organisation, the contractor owes the statutory interest on the outstanding amount, as referred to in art. 6:120 CC. An administration fee of €7.50 will also be charged for sending a reminder.
5.3 Before a person has made all his/her arrears, he/she can no longer enjoy tutoring.

Article 6 Obligations of the student/pupil
6.1 The student is obliged to adhere to the general agreements. The organization reserves the right to change these at any time.

Article 7: Obligations not yet specified

Article 8 Obligations of the organization
8.1 The organization is obliged to observe strict confidentiality with regard to information received from and about the student/pupil and the contractor in accordance with the Personal Data Protection Act.
8.2 The organization has a best efforts obligation towards the student/pupil and the contractor.

Article 9 – Liability
9.1 Mathmind is not liable for damage resulting from form or printing errors and/or from the unlawful use of the study material.
9.2 Mathmind is not liable for any damage to the client if this damage has arisen as a result of the client providing incorrect information and/or faulty materials.
9.3 Mathmind excludes any liability towards the client, unless the client proves that any damage has arisen as a result of the non-execution or incorrect execution of the assignment, caused by intent and/or gross negligence on the part of Mathmind.

9.4 Mathmind does not accept any liability towards anyone other than the client.
9.5 Mathmind is never liable for school performance or results.
9.6 Any liability on the part of Mathmind is limited to the amount included in the agreement for the execution of its assignment.

Article 10 – Indemnification
10.1 The Client indemnifies Mathmind against any claims from third parties who suffer damage in connection with the execution of the agreement.
10.2 If Mathmind should be addressed by third parties, the client is obliged to assist Mathmind both in and out of court and to immediately do everything that may be expected of him in that case. Should the client fail to take adequate measures, Mathmind is entitled to do so itself without notice of default. All costs and damage on the part of Mathmind are entirely at the expense and risk of the client.

Article 11 – Intellectual Property and Copyright
11.1 Mathmind reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations.
11.2 Mathmind reserves the right to use the knowledge gained through the performance of the work for other purposes.

Article 12 – Complaints and limitation period
12.1 Complaints about Mathmind and the execution of the agreement must be made known to Mathmind in writing within seven days after discovery of the defect by registered post or by sending an e-mail with confirmation of receipt to a person indicated by Mathmind. e-mail address.
12.2 The client must always give Mathmind the opportunity to investigate a complaint or have it investigated and must provide its full cooperation in this regard.
12.3 If it is established that a complaint is unfounded, the costs that Mathmind has had to incur as a result, including the investigation costs, will be borne by the client.
12.4 Contrary to the statutory limitation periods, the limitation period for all claims and defenses against Mathmind and the third parties involved by Mathmind in the execution of an agreement is one year.

Article 13 – Use of Mathmind . name and/or logo
13.1 The name Mathmind and all other names/brands or logos associated with Mathmind or that can reasonably be associated with Mathmind may only be used in (advertising) expressions after written permission by the client.
13.2 All correspondence between Mathmind and the client is of a confidential nature and may not be published without permission

Article 14 – Applicable law and choice of forum
14.1 To the exclusion of any other legal system, Dutch law applies to all matters relating to these general terms and conditions, the agreement or the execution of the agreement.
14.2 Disputes arising from the agreement will be settled by the competent court associated with the Maastricht court.