Terms and conditions Speechwell

General Terms and Conditions Speechwell

 

Article 1 General

1.1     These general terms and conditions apply to all offers, quotations, activities, and agreements between Speechwell and the user.

1.2     The user’s general terms and conditions are expressly excluded by Speechwell.

1.3     In the event that one or several of the provisions in these general terms and conditions were to turn out to be null and void or were nullified, the other provisions shall retain their full effect. Parties shall in that case enter into consultation with a view to agreeing substitute provisions, basing themselves on, insofar as possible, the objective and purport of the original provision.

 

Article 2 Website

2.1     The user shall create an account on Speechwell’s website. Once an account has been created, the user shall be able to purchase credits to be able to view pay-videos. Pay-per-view videos can be viewed over a fixed period/time span. Pay-videos and free videos shall remain the property of Speechwell and it is ilegal to download these videos.

2.2     An agreement shall only be formed after the user has created an account and purchased and paid for credits.

2.3     Prices of pay-per-view information (videos) are exclusive of VAT and other charges (including but not limited to government charges) for companies, and inclusive of VAT and other charges (including but not limited to government charges) for private customers, unless agreed otherwise in writing.

 

Article 3 Information provided by the user

 

3.1     The user guarantees that all information required for registration and payment is correct.

3.2     Speechwell is not responsible and cannot be held liable for the consequences of the user’s failure to provide correct information.

 

Article 4 Execution of the order

 

4.1     Speechwell has compiled the information (including but not limited to videos) to the best of its insight, expertise, and ability.

4.2     Speechwell is expressly not subject to the obligation to achieve a specific result, and can therefore not guarantee improvement of the user’s presentation skills.

 

Article 5 Payment

5.1     The user shall be required to pay for credits in advance and for Academy Programmes in advance or by transfering the money to the Speechwell bank account as will be instructed by e-mail after subscription. 

5.2     If a debit from the customer’s bank account is not possible (in full) or reversed by the customer, all credits relating to this reversal shall be blocked. Any credits that have already been used must be paid by the user.

5.3     Credits shall be added to the user’s account immediately after payment.

 

Article 6 Speechwell obligations

 

6.1     Speechwell shall grant the user access to its website – and also to the part that requires payment if the user has chosen that option.

6.2     Speechwell shall endeavour to prevent possible technical faults affecting access to its website. In case technical faults do occur, Speechwell shall repair these (or have these repaired) as soon as possible.

6.3     Speechwell reserves the right to temporarily shut down the website in order to be able to repair technical faults, without being liable for damages towards the user.

6.4     Speechwell can never be held liable for any losses on the part of the user resulting from full or partial loss of website service and/or loss of website service during the viewing of information (videos).

 

Article 7 Complaints

 

7.1     Any complaints must be lodged with Speechwell, stating reasons, within eight days after the moment the reasons behind the complaint came, or could have come, to the user’s attention, failing which the complaint shall not be accepted.

 

7.2     Exercising the right to complain shall not relieve the user of his payment obligation.

 

Article 8 Liability

8.1     Speechwell can only be held liable for losses insofar as these are covered by its liability insurance and up to the amount insured by that insurance, plus the excess, or in case of intent or gross negligence on the part of Speechwell or one of its managers.  

8.2     In case of intent or gross negligence on the part of Speechwell or its manager or in case the insurer refuses to pay out, while Speechwell can indeed be held liable, Speechwell’s liability will be limited to direct losses up to a maximum of the quoted amount.

8.3     All debt claims and other rights the user can exercise, on any grounds, towards Speechwell must be lodged with Speechwell within 12 months after the moment the reasons for the claim came, or could have come, to the customer’s attention, failing which these claims and rights shall lapse.

8.4     The user shall indemnify Speechwell against all third-party claims relating to the execution of the order, unless such claims concern a case of intent or gross negligence on the part of Speechwell. 

 

Article 9  Intellectual property

 

9.1     All intellectual property rights – including but not limited to copyrights and trademarks – relating to information (videos) developed by Speechwell shall exclusively fall to Speechwell.

9.2     The user is not allowed to copy, publish, and/or edit (or have a third party edit) the information (videos) without Speechwell’s express written consent.

9.3     The user is not allowed to independently, or in collaboration with third parties, develop (or have a third party develop) information (videos) similar to, and based on, the information (videos) developed by Speechwell, using or referring to the “Speechwell” brand name, without Speechwell’s express prior written consent.

 

 

Article 10 Applicable law and competent court


Any legal relationship between Speechwell and the user shall exclusively be governed by Dutch law. Only the court of Utrecht shall be competent to hear disputes between the parties.