General terms and conditions

1. Definitions

1.1.Period: There are three periods per school year for tutoring. A period runs parallel to the trimesters as they are assigned to the schools (start of the school year-November, December-March, April-June). Registration and participation in all kind of classes of You GOT IT is valid for an entire trimester or multiple thereof. 

1.2. Costs: The applicable costs for an agreement concluded with a student and/or contractor.

1.3. Conclusion of the agreement: By verbal agreement for services to be purchased and/or as soon as the signed registration form has been received.

 

2. Applicability:

2.1. These General Terms and Conditions apply to all agreements whereby You GOT It offers services to or agrees with the contractor.

 

3. Realization:

3.1. Agreement is concluded by the signed return of a registration form, or by an oral promise of agreement, in which case You GOT It will send a written confirmation. In the latter case, a registration form must be completed and signed as soon as possible. An agreement is also ratified by the purchase of lessons or any action that indicates the purchase of the services of You GOT It.

3.2. The contracting party undertakes to provide the correct information for invoicing and contact for invoicing and contact. The contracting party will notify You GOT It of any changes to the contact details in a timely manner, within 5 working days after the change has taken place.

3.3. Materials, etc. delivered by You GOT It remain intellectual property of You GOT It. Reproduction and distribution is only permitted with explicit permission and subject to conditions, provided that this does not serve any commercial interest.

3.4. You GOT It offers no guarantee for (study) results to be achieved and disclaims any liability in this regard.

3.5. The Agreement is entered into for an indefinite period of time, unless otherwise agreed. In the event of no notification, the agreement will be tacitly extended.

3.6. Minimum contract duration is 1 full period, unless otherwise agreed.

 

4. Registration and cancellation – interim changes and adjustments

4.1. You can register at any time.

4.2. There is a notice period of 1 month. You can unsubscribe in writing up to 1 month before the end of the period as stated in article 1.1.

4.3. Interim changes are possible with due observance of a period of 2 weeks from the date of written notification.

 

5. Rates and Payment

5.1.The rates of the various services of You GOT It can be changed in the interim, but not for a period that has already started.

5.2.The applicable rates are monthly payments. It has been taken into account that not every month contains the same number of working days, but the monthly amount is the same every month. During the holiday periods and on official holidays, the contracting party owes the regular compensation (these days are not deducted from the monthly amount, public holidays and holiday periods have already been taken into account when determining the monthly amount). 

5.3. Additional hours of supervision and/or training outside the agreed days will be charged separately.

5.4.Services are invoiced monthly in advance.

5.5.Payments must be credited no later than the 1st of each month by direct debit or transfer of the full amount to Arubabank bank account 252212 0190 in the name of Inge Beek. Bank charges are for the account of the contractor.

5.6. If payments are not received on time, the contracting party is deemed to be in default by operation of law. You GOT It will send a reminder to the contractor, after which the contractor has 5 working days to pay.

5.7.If the contracting party has not yet paid 5 working days after the reminder, the contracting party will be charged additional administration costs of Afl. 20 and You GOT It is forced to deny the student access to the lessons as long as payment has not been made.

5.8. If You GOT It hands over the claim for collection in the event of late payment, the contracting party will also owe all collection costs, including all costs related to collection, both judicial and extrajudicial.

5.9. Refunds of amounts already paid are not possible.

5.10. Suspended lessons, caused by late payment, do not entitle to any refund or compensation.

 

6. Liability

6.1.You GOT It is not liable for theft, loss, loss or damage to property of third parties, as well as injury to persons. You GOT It is also not liable for the completeness or correctness of information or advice provided before the agreement has been concluded, except in the case of intent or gross negligence on the part of You GOT It.

6.2. The contracting party indemnifies You GOT It against all third-party claims with regard to the damage referred to here.

6.3. Pupil and contracting party must be properly insured (legal liability insurance).

6.4 You GOT It is not liable for damage, of whatever nature, caused by You GOT It based on incorrect and/or incomplete information provided by the contracting party and/or student.

 

7. Force of numbers

7.1. Force of numbers is what is understood in law and jurisprudence.

7.2.You GOT It cannot be held to its obligations under the agreement if fulfillment has become impossible due by force of numbers.

7.3. In the event of force of numbers, You GOT It will always try to reasonably compensate for the lack. If this is not possible, the lessons will be cancelled. In any case, no refund will be made.

7.4. On the other hand, a situation of force of numbers can arise if no guarantee can be given for the quality of the lessons to be given. An example of this is unforeseen or temporary understaffing. In this case, a refund may be made depending on the nature of the situation.

7.5. In the event of force of numbers and other events of such a nature that compliance with the agreement cannot be demanded from You GOT It in reasonableness and fairness, You GOT It has the right to dissolve the agreement in whole or in part, without You GOT It compensation will be required.

 

8. Contact and behavior

8.1. The student shows calm behavior in which he or she does not hinder others in their learning, otherwise there may be suspension.

8.2. The student undertakes to comply with all reasonable instructions to promote a good course of supervision.

8.3. The student is responsible for the correctness of the homework and grades given, as well as the presence of the necessary teaching materials and aids.

8.4. The student is obliged to provide the organization with access to all information that is important for the supervision.

8.5. The student is obliged to have an honest and cooperative attitude.

8.6.The use of mobile telephones is prohibited, except with special permission and should preferably remain at home. You GOT It is not liable for damage to mobile phones.

8.7.Damage to You GOT It property will be recovered from the contractor.

 

9. Communication and Protocol

9.1.Communication preferably takes place via e-mail or whatsapp. You GOT It can also be reached by phone.

9.2. If the tasks and homework cannot be completed during class, work will have to continue at home. If relevant, this will be announced the same day by e-mail /whatsapp/telephone or personal message. Confirmation of receipt means to You GOT It that this has been followed.

 

10. Presence/Absence

10.1. In principle, students come to the agreed location on fixed days and times, in consultation with parents, with the exception of force of numbers.

10.2. Failure to attend class, for whatever reason, does not entitle you to a refund or suspension of obligations.

10.3. In the event of illness or other impediments of the student, this will be reported to You GOT It (if possible) 24 hours before the lesson by the contractor. Short-term illness (max. two weeks) does not give any reason for a refund or suspension of obligations.

10.4. In case of illness of the supervisor, he will be replaced in time, except in case of force of numbers. You GOT It reserves the right not to replace the supervisor for 1 week per period.

10.5.You GOT It follows the school holidays and public holidays in Aruba. You GOT It is in principle closed during this period.

 

11. Expulsion/Suspension

11.1. A student can be removed and/or suspended in the event of (continued) disruptive behavior. The student first receives a clear warning from the supervisor, with no immediate consequences (a note is made in the student's personal log). If repeated, the student will receive a second warning. The contractor will be notified. In the event of repetition (third occasion), the student will be suspended and removed immediately, the contractor will also be informed of this. A meeting with the contractor should show what the follow-up will be.

11.2. Immediate and definitive suspension follows:

a. if a student with alcohol or drugs is spotted in or near one of the locations of You GOT It.

b. in case of violation of the law. If serious offenses have been committed, a report is always made to the police.

11.3. In the event of suspension of the student, no refund will be made.

 

12.Applicable law

If a provision should conflict or come into conflict with any statutory provision, these terms and conditions will remain in full force and effect. With regard to the invalid provision, the parties are furthermore deemed to have agreed that which, legally permitted, comes closest to the purport of the provision that has been inoperative. If any stipulation has been agreed with You GOT It that deviates from a provision in these terms and conditions, the other provisions will continue to apply in full.

 

 

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