TERMS & CONDITIONS
Section I - Membership
Article 1: Definitions
1.1 ATC: Audio Visual Training Coalition, founded in 2007
1.2 Member: Someone who is part of, and contributes to, the ATC – based on an annual subscription fee.
Article 2: Applicability
2.1 ATC international membership is limited to independent training providers with a minimum of a 2-year proven track record in transnational professional training within the audiovisual industry.
2.2. Delegates to ATC meetings must be heads of organisations who are mandated and who hold decision-making power.
2.3 The heads of organisations may appoint another delegate within their own organisation to attend meetings in their place, as and when appropriate.
Article 3: Registration
3.1. New membership application must be accompanied by recommendation of at least one of the existing members.
3.2. If they wish to do so, candidate members can attend an initial ATC meeting prior to making a final decision on membership and paying the annual fee.
Article 4: Resignation
4.1. Members wishing to resign from ATC must inform ATC of this decision in written form.
4.2 Membership fees already paid cannot be refunded.
Article 5: Fee
5.1. Annual Fee: 500 Euro
5.2. The membership fees will be invoiced to each membership organisation at the end of March and must be paid before May 1st of that year. Failure to pay the membership fee by this date will result in loss of membership.
5.3. Expenses: Heads or organisations and/or other delegates to ATC meetings will cover their own travel, subsistence and other expenses.
Article 6: Decision making
6.1 Decisions made through ATC members are valid and apply to member organisations, unless overruled by their respective boards.
Section II - Training and events
Article 1: Definitions
1.1 Enroller: the person who enrols him/herself or another for an event or ATC training programme with the trainer.
1.2 Tuition fee: the training fee and/or event costs.
1.3 Participant: the person who has been enrolled for an ATC training programme with the trainer and/or participates in an event or training programme with the trainer.
1.4 Trainer: the organisation providing the training programme, either under licence or otherwise.
1.5 Agreement: a written or unwritten agreement between the trainer and the enroller in which the trainer undertakes to provide one or more training programmes to the enroller against payment
by the enroller of the applicable fee.
1.6 Training programme: a coherent system of organised didactic activities contained in training material and/or education. This may also be a training course, a workshop or a modular course.
1.7 Event: a planned gathering of ATC members and guests re ATC topics or concerns.
Article 2: Applicability
2.1 These general conditions will apply only to training programmes and events organised by and executed under the explicit, direct responsibility of the ATC. In all other cases – such as training programmes offered and organised by member-organisations – the general conditions of the member-organisations will apply.
2.2. These general conditions will apply to the agreement to be entered into between the trainer or ATC and the enroller, but will also apply to the participant in the training programme with the trainer and participation in ATC events.
2.3 Any derogation from these conditions will be valid only if expressly approved by the trainer or ATC board.
Article 3: Enrolment for participation in, or ordering of, training programme or event.
3.1 Enrolment for participation in a training programme, ordering of a training programme or participation in an event can be effected by application through the ATC website. Acceptance by the trainer of an enrolment/order will at all times be subject to contract and change. The ATC or trainer may at all times reject an enrolment.
3.2 Any enrolment/order/participation will be confirmed by an order confirmation to be sent by the trainer or ATC. Such order confirmation will state the name of the training programme or event, the number of participants, the agreed rates and the place and time of the training programme or event.
The training or event data provided will be subject to change.
3.3 As a result of the order confirmation an agreement will be formed between the enroller/participant and the trainer or ATC, which will be governed by these conditions.
3.4 Based on the order confirmation, the amount associated with the training programme or event will become due to the trainer or ATC.
3.5 If enrolment for a training programme or event is effected within 14 days prior to commencement of the training programme or event, the enrolment will be binding.
Article 4: Substance of a training programme or event
4.1 The substance of the event or training programmes will be in accordance with the outlines set forth in the order confirmation. The ATC or trainer will at all times be entitled to make changes to the substance of the event or training programme, provided that the outlines represented in the order confirmation will not be deviated from.
4.2 The ATC or trainer will make the materials required for the training programme or event available to the participant, except to the extent provided otherwise in the order confirmation.
4.3 If during the training programme or event it turns out that the enroller/ participant requires expansion of services, such expansion and the associated costs will be offered and/or confirmed to the enroller separately.
Article 5: Cancellation and suspension of events or training programmes
5.1 The ATC or trainer will at all times be entitled to change the event or training date; or to cancel the event or training programme. The ATC or trainer will notify the enroller thereof as soon as possible. To the extent possible,ATC the trainer will offer a new training programme or event. If this is not possible or if the enroller and/or the participant so prefer, the amounts already paid will be refunded by the trainer to the enroller.
5.2 Cancellation of the agreement or revocation of the enrolment by the enroller/participant will be possible only subject to the following provisions:
– Notice of cancellation is at all times to be given in writing;
– In the event of cancellation until 4 weeks prior to commencement of the training programme no fee will be due;
– In the event of cancellation until 14 days prior to commencement of the training programme 50% of the fee will be due;
– In the event of cancellation within 14 days prior to commencement of the training programme the full fee will be due by the enroller;
Any amounts already paid will, after deduction of the fee due in connection with the cancellation, be deducted from the cost of a new training programme or event, to the extent possible. If this is not possible or if the enroller and/or the participant so prefer, this amount will be refunded by the trainer or ATC to the enroller.
– In the event of cancellation of a digital programme 25%, subject to a minimum of EUR 75, will be due;
In the event of cancellation of a digital programme after provision of the login code to the enroller/participant, 100% of the fee will be due;
– In the event of cancellation or rescheduling of the event or training programme prior to commencement of the event or training course, an amount of EUR 25 in administrative charges will be invoiced.
5.3 In the event that a participant is prevented from participation, for any reason whatsoever, the enroller will be entitled to send a replacement, provided that such person satisfies the conditions for admission, if applicable.
5.4 In the event of misconduct by the participant or violation by the participant of the applicable order and safety measures, the ATC or trainer will be entitled to deny the participant access to the building and to remove the participant from the class and the building without being liable to refund any tuition fees.
Article 6: Payment conditions
6.1 Together with the order confirmation, the trainer will send the enroller an invoice for the training programme to be taken, unless agreed otherwise in writing.
6.2 The invoice is to be paid in advance before commencement or provision of event or the training programme and credited to the ATC or trainer’s bank account stated in the invoice, unless agreed otherwise in writing.
6.3 In the event of late payment, the ATC or trainer will be entitled to suspend its obligation to perform, decide not to admit the enroller/ participant to the programme, invoke rescission of the agreement and claim compensation of all costs incurred and profits lost by the ATC or trainer.
6.4 Without prejudice to the provisions of article 6, paragraph 2, above, the invoices sent by the trainer or ATC will be subject to a maximum payment period of 14 days.
6.5 In the event that the enroller is in default or fails to perform one or more of its obligations, the extrajudicial costs of collection will be fully payable by the enroller. If the enroller continues to be in default in respect of punctual payment of the tuition fee, it will in any event forfeit an immediately payable penalty equal to 15% of the outstanding amount, subject to a minimum of EUR 75.
6.6 Any higher costs incurred by the trainer or ATC that can be considered reasonably necessary will also be eligible for compensation.
6.7 The statutory commercial interest will be due by the enroller on the costs of collection incurred.
6.8 If, for any reason whatsoever, the participant does not, or does not fully, exercise the right to attend the classes forming part of the training programme for which he has been enrolled, there will not be any right to a refund of all or part of the tuition fee.
Article 7: Intellectual property and confidentiality
7.1 The ATC or trainer will at all times be the sole owner of the intellectual property rights in the items, materials and electronic or other information made available to the enroller and/or the participant, unless expressly indicated otherwise by the trainer.
7.2 The enroller and/or the participant will be granted a non-transferrable right of use in respect of the training programme or programmes indicated in the order confirmation only.
7.3 The enroller and/or the participant will not reproduce any of the items, materials and electronic or other information referred to in paragraph 1 nor disclose same to third parties. Third parties will be understood to include anyone who cannot be equated to the enroller.
7.4 In no event will the enroller and/or the participant be permitted to make any changes to the items, materials or electronic or other information referred to in paragraph 1, the security thereof, or the intellectual property rights notices associated therewith.
7.5 The enroller and/or the participant will at all times be under the obligation to keep confidential the items, materials and electronic or other information referred to in paragraph 1, and the contents thereof, and to use same solely for the purpose for which they have been granted a right of use.
Article 8: Non-competition
8.1 Without the express written consent of the trainer, the enroller and/or the participant will not be permitted, either alone or in cooperation with third parties, to develop or provide a similar event or programme based on the programme provided by the trainer or ATC, curriculums developed, or the training materials to be used therein.
Article 9: Liability
9.1 If, for any reason whatsoever, the ATC or trainer is unable to provide part of an event or training programme or training day, the ATC or trainer will, in consultation with the enroller or the participant or participants, still provide the relevant part at a later stage.
9.2 The ATC or trainer will not be liable in any way whatsoever for any costs and/or damage as a result of cancellation of a training programme and/or non-provision of part of a training programme or training day.
9.3 The ATC or trainer will not be liable for any damage that may be caused to the enroller and/or the participant as a result of, or in connection with, or based on, the contents of the training materials or classes, recommendations and/or instructions provided by the trainer. The enroller’s/participant’s use of the training materials and the enroller’s/participant’s application of instructions given and recommendations provided will be entirely at the enroller’s/participant’s own expense and risk.
Article 10: Final provisions
10.1 All agreements and disputes that may arise as a result of and/ or in connection with these general conditions and the agreements to which these general conditions apply, will be governed by the laws of the Netherlands.
10.2 The competent court in the district of The Hague will have exclusive jurisdiction to hear any disputes within the meaning of article 11, paragraph 1.