Terms and Conditions
Article 1. Definitions
A. Offer: the offer, (oral or otherwise), which after your acceptance leads to an agreement (as referred to in Article 6:217 of the Civil Code).
B. Offer: any offer / quotation made by Cash Cow Class to the client, following a request to carry out an assignment.
C. Assignment: the service or product delivered by Cash Cow Class
D. Client: you are our client - the (legal) person - with whom Cash Cow Class concludes the agreement.
E. Cancellation: all forms of termination of the agreement.
F. Written: all communication between Client and Cash Cow Class that relates to the assignment both electronically, via social media or otherwise.
G. Agreement: the agreement or agreements, both oral and written, between Client and Cash Cow Class in which is described or verbally discussed, states what service Cash Cow Class will perform for what fee and under what conditions.
H. Force majeure: in addition to the definition of force majeure in the law and jurisprudence, force majeure is defined as all external causes, foreseen or unforeseen, over which Cash Cow Class has no control and which prevent Cash Cow Class from fulfilling its obligations.
I. Parties: Client and Cash Cow Class together.
J. Fee: the fee agreed upon for the assignment. This may include a fixed amount, hourly rate, consultancy fee, a license fee, whether or not related to the project sum or any other fee to be agreed between the parties.
K. Digital Content: data produced and delivered in digital form;
L. E-Learning: the service on the E-Learning from Cash Cow Class to the user, based on a concluded agreement between both parties, consisting of making available and offering a website on which content is posted.
M. IP Rights: All rights of intellectual property and related rights, such as copyrights, trademark rights, trade name rights, database rights and related rights, as well as know-how.
Article 2. General
1. Cash Cow Class focuses on supporting entrepreneurs (with or without a team) with the growth of their business by means of Everything in the broadest sense of the word. In addition, Cash Cow Class offers tools and/or courses to help entrepreneurs become visible and successful online.
2. These terms and conditions are applicable to any offer, quotation and agreement between Client and Cash Cow Class, to which Cash Cow Class has declared this agreement applicable.
3. These terms and conditions shall also apply to any subsequent assignments.
4. By signing an offer or agreement or by approving an assignment in writing or verbally with Cash Cow Class, the client declares that he is aware of the general terms and conditions and that he agrees with them. In case of an agreement entered into verbally, Cash Cow Class always refers to the location of these terms and conditions.
5. Any (general) terms and conditions of the Client shall not apply in advance.
6. The following articles are applicable to any offer, assignment or agreement made by or with Cash Cow Class, insofar as there is no written deviation therefrom between the parties.
7. If there is any uncertainty regarding the interpretation of one or more provisions of these terms and conditions, then the interpretation shall be in accordance with the spirit and intention of Cash Cow Class
8. If one or more provisions of these terms and conditions are declared null and void, become invalid or be destroyed, the remaining provisions of these terms and conditions will remain in full force and effect.
9. The parties will consult with each other to agree on new provisions to replace the null and void provisions. In doing so, the purpose and meaning of the original provisions will be followed as closely as possible.
Article 3. How an agreement (or assignment) comes about
1. The agreement is formed by the offer and acceptance, i.e. after the (oral or written) acceptance by the client of the Cash Cow Class offer. These general terms and conditions are applicable to each agreement. Until the date of conclusion of the agreement, you may not derive any rights from any statements, conversations, promises, etc. made by Cash Cow Class in the broadest sense of the word.
2. The offer of the assignment shall state as clearly as possible the scope and content of the assignment, its duration and the fee.
3. Cash Cow Class cannot be held to its tenders or offers if they contain an explicit mistake or clerical error.
4. All offers and quotations by Cash Cow Class are entirely without obligation, unless a deadline for acceptance has been set.
5. Likewise, Cash Cow Class always has the right to implement price changes.
6. The prices mentioned in the offer are exclusive of VAT, unless indicated otherwise.
7. If your acceptance deviates from the offer in any way, Cash Cow Class is not bound by it. The agreement will not be concluded unless Cash Cow Class explicitly indicates that the agreement will be concluded.
8. Offers and rates do not automatically apply to future assignments.
9. Offers are based on the information provided by the Client. The Client is therefore obliged to provide all the relevant information required for the realisation of the offer. Client is responsible for the accuracy and completeness of the information provided on which the offer is based, because if Cash Cow Class does not have all the information, Cash Cow Class has the right to withdraw the offer.
Article 4. The execution of the agreement
1. Cash Cow Class will endeavour to execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. Client is fully responsible for the timely and complete supply of information necessary to execute the assignment. This is done both at the client's own initiative and at the request of Cash Cow Class.
3. There is no guarantee of success. The coaching and/or course is in fact aimed at ensuring that the Client makes as much effort as possible to achieve the desired result. Cash Cow Class will give the Client the tools to achieve the desired result. Deviations of the (final) result from what was agreed upon are no reason for rejection, discount, compensation or dissolution of the agreement.
4. Cash Cow Class has the right at all times to adapt or change the implementation of the agreement. In doing so, the agreed assignment will be taken into account as much as possible. Think for example of the adaptation or modification of a program.
5. The duration of the agreement may vary. The term and duration will be indicated in advance and depends on the type of program or course that the Client would choose at Cash Cow Class. Exceeding deadlines does not entitle the Client to compensation or dissolution of the agreement.
Article 5. Coaching and your obligations
1. An essential part of the offer of Cash Cow Class concerns the (long-term) cooperation between parties through coaching and/or course, whereby 100% commitment of the Client is required for a good cooperation.
2. Only Cash Cow Class has the right to refuse you as a participant in the programme within 30 days from the confirmation of the assignment, if Cash Cow Academy B.V. feels that there is no good match and/or to safeguard the quality of the group, in the broadest sense of the word. Cash Cow Class retains the right to final approval.
3. If the situation under article 5 paragraph 2 arises, you are obliged to pay the deposit. If a larger part than the deposit or the entire invoice has already been paid, Cash Cow Class will credit the amount up to the deposit.
4. Cash Cow Class is authorized to suspend the fulfillment of the obligations of an assignment or to dissolve the agreement, if:
A. The Client does not comply with the obligations of the agreement, in full or in a timely manner (such as not showing up to an appointment or showing up late, paying invoices late, not showing commitment, repeatedly not completing reports or generally not being coachable). Refunds are not possible in this case;
B. After concluding the agreement Cash Cow Class learns that circumstances give good reason to fear that the Client will not comply with the agreement;
C. If Client was asked to provide security for the fulfillment of his obligations under the agreement at the conclusion of the agreement and this security is not provided or is insufficient;
D. Or if due to the delay on the part of Client it can no longer be required of Cash Cow Academy B.V. to fulfill the agreement under the originally agreed conditions;
E. Furthermore, Cash Cow Class is authorized to dissolve the agreement if circumstances arise which are of such a nature that compliance with the agreement is impossible or if other circumstances arise which are of such a nature that the unaltered maintenance of the agreement cannot reasonably be required of Cash Cow Class.
5. If a Client is entitled to periodic individual calls (such as by telephone, Skype, Zoom or any other medium), this must be made during the period in question. The Client's right to these calls expires within (read: one) month, if the failure of a call is attributable to the Client. The responsibility for this lies with the Client. Alternative arrangements are only possible by mutual agreement.
6. The additional costs and fees resulting from the delay in the execution of the assignment due to the failure to protect the Client (in a timely manner and/or properly).
7. The Client is expressly forbidden to share with third parties any documents obtained, for example files, training materials, login details for participation in an online course, and all materials and documents obtained in the broadest sense. Failure to comply with this may result in a fine being imposed on the Client and the Client may also be held liable for any (consequential) damage suffered.
8. In order to ensure the safety of all participants within a program, the Client is also expressly forbidden to use any information, ideas, concepts, concoctions, documents, content, etc., in the broadest sense of the word, which may or may not be shared confidentially between participants, in its own business operations.
9. Client must ensure that if the program uses online tools on which Client could be heard (such as an online Q&A), that these recordings remain available in Cash Cow Class online environment. Client hereby gives his consent and grants to Cash Cow Class unconditionally the right to make recordings of his/her presence and/or performance in the context of the program, as well as to keep these recordings and the (special) personal data processed therein in the learning environment, to reproduce, broadcast (or have them broadcast) and to repeat (or have them repeated), in any way known now or in the future without any limitation in territory, time or manner of exploitation.
10. To the extent that Client may assert any intellectual property rights, including copyrights and/or related rights, by virtue of his presence and/or performance in the Program, Client is deemed to fully and unconditionally transfer such rights to Cash Cow Class by accepting these terms and conditions. Client hereby also waives the rights mentioned in article 5 paragraph 1 sub a, b, c and article 45e sub a, b, and c Copyright Act.
11. If, after the term of the agreement, you are still entitled to a certain part / parts of a program, the Principal has 1 (read: one) month to claim this part / parts and to schedule (or have scheduled). If the Client indicates that he no longer wishes to make use of this or if the Client does not respond adequately or clearly, these rights will lapse.
Article 6. Engaging third parties
1. Cash Cow Academy B.V. has the right to have certain activities carried out by third parties (such as specialists, experts, trainers, advisors), especially if the proper execution of the agreement requires this. The applicability of sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.
2. If third parties are used which affect the execution of the assignment, Cash Cow Academy B.V. will communicate as necessary.
Article 7. Intellectual property rights
1. All intellectual property rights (including patent rights, trademark rights, drawing or model rights and copyright) on the results of the assignment, in the broadest sense of the word, will accrue to Cash Cow Class. Insofar as such a right can only be obtained through a deposit or registration, Cash Cow Class is exclusively authorized to do so.
2. Cash Cow Class has the right to mention or remove her name on, at or in publicity around the result of the assignment in the usual way. If you want to publish or reproduce a result without mentioning the name of Cash Cow Class, you will first need to ask permission of Cash Cow Class in writing.
3. The (originals of the) results obtained by Cash Cow Class within the framework of the assignment (such as designs, sketches, concepts, advice, illustrations, photographs, prototypes, (partial) products, films, (audio and video) presentations and other materials or (electronic) files, etc.) are the property of Cash Cow Class, regardless of whether they were made available to you or to third parties.
4. If Client participates in a program, training, workshop, podcast, event etc. 4. If Client participates in a program, training, workshop, podcast, event, etc. and Client in any other way learns about training, presentations, content and/or has access to the online learning environment, online environment, social media, website, etc. - this in the broadest sense of the word - Client will ensure that all information and works of Cash Cow Class are subject to intellectual property rights and are thus protected.
5. The sale, duplication, publication and/or multiplication, in the broadest sense of the word, to third parties of the information referred to in this article is prohibited to Client.
6. Cash Cow Class has the right to charge the Client for a reasonable compensation if the rights referred to in this article are violated. This does not affect the right to claim compensation.
7. Cash Cow Class retains the right to use knowledge gained during the execution of the work for other purposes. Cash Cow Class shall not disclose any confidential information to third parties.
Article 8. Additional provisions online content
1. Due to the use of a third party platform for the delivery of a course, Cash Cow Class cannot guarantee that the content will be available at all times and in all locations.
2. Cash Cow Class reserves the right to refuse participation at any time.
3. Cash Cow Class is entitled to expand, limit or modify the content of a course.
4. Participant acquires a limited and personal right to use the content of a course for personal purposes. The program is intended to inspire, not to copy.
5. Participant is allowed to share screenshots of the content on social media to a limited extent when such material is labeled with Cash Cow Class name. It is not permitted to share screen recordings.
6. Participant is not allowed to create a similar offering in the 12 months after access to the course has been provided. After this period, participant is still not allowed to copy or sell information from the course taken.
7. The information provided during the course remain the property of Cash Cow Class. It will indicate in a timely manner until when the content is available. It is the participant's own responsibility to review the material in a timely manner and to store it where given the opportunity.
8. If a community is connected to a course, the participant declares not to send spam or other unwanted messages. Acting in violation of these terms may result in immediate denial of access and use of Cash Cow Class services.
9. Cash Cow Class is free at all times to remove communications or other parts of the shared information without further notice, if the content of these communications and information justifies their removal.
10. Cash Cow Class reserves the right to exclude from further participation and, if necessary, from future participation, any participant whose behavior impedes or makes difficult the conduct of a course. Exclusion does not affect the obligation to pay the fees for the content in question.
8. After completion of the assignment both the client and Cash Cow Class have no obligation to retain the materials and data used.
Article 9. Use of the result
1. Client obtains the 'right of use' of the result of the assignment in accordance with the agreed use, provided that Client fulfills the obligations under the agreement with Cash Cow Class.
2. If no agreements have been made regarding the use, as referred to in paragraph 1, the right of use shall be limited to the use for which the assignment was clearly given. The right of use is exclusive and non-transferable, unless the nature of the agreement dictates otherwise or if agreed otherwise.
3. If the result also relates to works that are subject to third-party rights, the parties will make additional agreements about how the use of these works will be arranged.
4. Without written permission, the client does not have the right to adapt the result of the assignment, to use or reuse it more widely or in a different way than agreed, or to have third parties do so. Cash Cow Class may attach conditions to this permission, such as the payment of a reasonable fee.
5. In case of unlawful or other use, including modification, mutilation or impairment of the preliminary or final result, Cash Cow Class is entitled to compensation for infringement of its rights, of at least three times the agreed fee, or at least a fee that is reasonably in proportion to the infringement committed, without losing any other right.
6. Cash Cow Class has the freedom to use the results and property rights for its own publicity, acquisition of assignments, promotion, including competitions and exhibitions etc., and to obtain them on loan, if physical results are involved. In doing so, Cash Cow Class is expected to respect the interests of the Client in compliance with the General Data Protection Regulation.
7. Cash Cow Class has the right to mention Client as a reference on its website without disclosing the (personal) data. If the Client explicitly agrees, Cash Cow Class can mention the name of the Client on its website without disclosing other (personal) data that are not necessary for the publicity on the website.
Article 10. Terms of payment
1. Cash Cow Class maintains a payment term of up to 7 days from the date of invoice, without deduction, set-off or suspension, unless otherwise agreed and stated on the invoice.
2. Invoicing is always done in advance, unless parties agree otherwise.
3. By mutual agreement, it is possible to pay in installments. A minimum surcharge of 5% shall apply.
4. If the parties agree that the Client shall pay in instalments, the Client may still repay earlier without penalty.
5. There is a minimum down payment of €500,- ex VAT, if the Client wishes to pay in instalments.
6. Any costs incurred by Cash Cow Class in carrying out the assignment, such as materials, travel and accommodation costs, costs of prints, copies, (printing) proofs, and costs of third parties for advice, production and supervision, etc., are part of the total offer, unless the nature of the agreement dictates otherwise or is agreed otherwise.
7. If the term of payment is exceeded, Cash Cow Class will send a demand for payment (notice of default). If the client fails to fulfil his payment obligation within 14 days, the client will be in default and will owe the statutory interest plus extrajudicial collection costs over the outstanding amount. This is calculated according to the (graduated) collection rate recommended by the Netherlands Bar Association. Execution costs and all other additional costs will also be recovered from the Client.
8. If the term of payment is exceeded, Cash Cow Class has the right to suspend the execution of the assignment or delivery of its services and/or products. This means that Cash Cow Class will not grant Client access to the online environment, or access to an event, etc., until Client pays.
9. In the event of non-compliance with the above payment terms, then Cash Cow Class has the right to terminate the agreement, without court intervention. This does not directly entail a withholding of payment.
10. In case of non-compliance with the terms of payment, Cash Cow Class has the right to stop the assignment immediately. This does not release the Client from the obligation to pay.
11. Any objections to the amount of the invoice must be communicated to Cash Cow Class immediately, but at the latest within 7 days of the first invoice. These objections do not suspend the payment obligation.
12. With existing clients, Cash Cow Class may decide to deviate from the provisions of this article.
Article 11. Force majeure
1. Cash Cow Class is not obliged to comply with any obligation towards the Client if he is hindered to do so as a result of a circumstance that is not due to any fault, and for which he cannot be held accountable by virtue of the law, a legal act or generally accepted practice.
2. Cash Cow Class is also entitled to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after Cash Cow Class should have fulfilled its commitment.
3. Cash Cow Class may suspend the obligations under the agreement during the period of force majeure. If this period exceeds two months, either party is entitled to dissolve the agreement without any obligation to compensate the other party for damages.
4. Insofar as Cash Cow Class has partially fulfilled its obligations arising from the agreement or will be able to fulfil them during the period of force majeure and insofar as independent value can be attributed to the part already fulfilled or still to be fulfilled, Cash Cow Class is entitled to invoice the part already fulfilled or still to be fulfilled separately. The client is obliged to pay this invoice as if it were a separate agreement.
Article 12. Cancellation conditions and guarantee
1. Both Cash Cow Class and the Client have the right to immediately dissolve the agreement in whole or in part, with which all amounts owed will become immediately due and payable when with respect to the other party;
A. a petition for bankruptcy;
B. (provisional) suspension of payments; - or debt restructuring, is filed, without any obligation on the part of Cash Cow Class to pay any compensation or indemnification.
2. The Client also has the right to cancel the assignment only in writing or by email and in mutual consultation. Cancellation will be considered effective once Cash Cow Class has confirmed receipt of the cancellation. The date of postmark for cancellations by post or the date and time of receipt of the confirmation email will count as the moment of cancellation.
3. Cash Cow Class has the right to claim any damages and cancellation fees as stated in this article when cancelling.
4. The following specific cancellation conditions apply to following an (online) program/trajectory:
(Online) Program: when following a program, the following applies:
- The legal rules for online purchases of digital content on a non-material carrier apply. This means that the client does not have a cooling-off period/withdrawal right, because the digital service or product (in this case the online course or training), is delivered immediately after ordering via the Internet (it can be started immediately), which the client has agreed to. By doing so, the client waives her/his cooling-off period/right of withdrawal.
By agreeing to the general terms and conditions, the client declares to waive her/his right of withdrawal.
For the Cash Cow Class, the following exceptions apply to still claim the right of withdrawal:
- Participation in a program requires 100% commitment. Of course, it may happen that there is not a good combination between Client and Cash Cow Class, or that the program does not turn out to be appropriate. Therefore, despite waiving the cooling-off period / cancellation right, a warranty period up to and including 7 days after the start of the program applies.
- If you are not satisfied or decide in between to stop the cooperation, for whatever reason, you have to cancel in writing within 7 days after the conclusion of this agreement. After these 7 days you will not get your money back.
- Also, you will not get your money back if you have viewed more than the first 10% of the visual material from the main Cash Cow Class module (maximum the first 9 lessons that we make available. When you view a lesson more , the right to cancel expires. You may assume that the Cash Cow Class will make every effort to make this a successful course.
Article 13. Suspension and dissolution
1. Cash Cow Class is authorized to suspend the fulfilment of the obligations or to dissolve the agreement if the Client does not comply with the obligations of the agreement in full or in a timely manner, if after the conclusion of the agreement Cash Cow Class If, after entering into the agreement, Cash Cow Class learns of circumstances that give it good reason to fear that the Client will not meet its obligations, if the Client was asked to provide security for the fulfilment of its obligations under the agreement when the agreement was entered into and this security is not provided or is insufficient, or if the delay on the part of the Client means that Cash Cow Class can no longer be expected to meet the agreement under the terms originally agreed.
2. Furthermore, Cash Cow Class is authorized to dissolve the agreement if circumstances arise of such a nature that compliance with the agreement is impossible or if other circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be required of Cash Cow Class.
3. If the agreement is dissolved, the claims of Cash Cow Class against the client shall become immediately due and payable. If Cash Cow Class suspends fulfillment of the obligations, it shall retain its claims under the law and agreement.
4. If Cash Cow Class proceeds with suspension or dissolution, it is in no way obliged to compensate for damages and costs caused in any way whatsoever.
5. If the dissolution is attributable to the client, Cash Cow Class is entitled to compensation for damages, including costs, incurred directly and indirectly as a result.
Article 14. Complaints and advertising
1. In the event that there is a complaint about Cash Cow Class., the client must first submit this complaint in writing to Cash Cow Class within 7 days of its discovery.
2. Client also has the opportunity to report clearly described defects in the delivered (online) products to Cash Cow Class during 7 days after delivery. If the complaint is justified, Cash Cow Class will try to remedy this.
3. If no defects are reported to Cash Cow Class within the specified time period, any possibility of complaint shall cease to exist. Inaccurate information provided by the client which leads to defects in the delivered goods, is explicitly not considered as "defects".
4. Complaints do not give the Client the right to suspend or offset payments.
5. Complaints about delivered services (or products) can never be a reason for stipulating a discount, compensation or dissolution of the agreement.
Article 15. Secrecy and confidentiality
1. Parties are obliged to keep everything confidential that has been discussed during or in the context of the execution of the assignment.
2. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.
3. The obligation of confidentiality does not apply if:
- Cash Cow Class is obliged to disclose by law or by a binding decision of the court or government body;
- the information becomes public knowledge;
- Cash Cow Class acts for itself in a legal procedure whereby this information may be of importance.
4. Client is also obliged to ensure secrecy and confidentiality between participants.
5. Personal data provided to Cash Cow Class will be treated with care and confidentiality. Data will only be used for the specified purpose and basis. Cash Cow Class adheres to applicable privacy legislation, in particular the General Data Protection Regulation.
6. If the client fails to comply with the agreement and this failure justifies the dissolution, Cash Cow Class is entitled to terminate the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or indemnification, while the client, due to default, is obliged to pay compensation or indemnification.
7. If the agreement is terminated prematurely by Cash Cow Class, Cash Cow Class. will, in consultation with the Client, arrange for the transfer of work still to be carried out to third parties. This is unless the termination is attributable to the client. If the transfer of the work entails additional costs for Cash Cow Class, these will be charged to the Client. The Client is obliged to pay these costs within the specified period, unless Cash Cow Class Network indicates otherwise.
8. In case of liquidation, (application for) suspension of payments or bankruptcy, attachment - if and to the extent that the attachment has not been lifted within three months - at the expense of the Client, debt restructuring or any other circumstance preventing the Client from freely disposing of its assets, Cash Cow Class is free to terminate the agreement with immediate effect or to cancel the order or agreement without any obligation on its part to pay any compensation or indemnification. The claims of Cash Cow Class on the client are in such case immediately due and payable.
Article 16. Modification of terms and conditions and traceability
1. Cash Cow Class is entitled to amend or supplement these terms and conditions at any time.
2. The amended terms and conditions shall apply to new and existing agreements.
3. The most recent version of the terms and conditions can always be found on the website of Cash Cow Class.
Article 17. Liability clause and indemnification
Liability and indemnification
a. If Cash Cow Class should be liable, this will in any case not apply to: errors or shortcomings in the material or data/information provided by the Client;
b. misunderstandings, errors or shortcomings in the execution of the assignment if they have their origin or cause in actions of the Client. Examples are the failure to provide complete, sound and clear data/information on time or at all.
c. errors or shortcomings by third parties engaged by or on behalf of Cash Cow Class. The effect of article 6:76 of the Dutch Civil Code is excluded.
d. Force majeure situations.
2. In case of imputable failure to comply with the agreement, Cash Cow Class shall only be liable for compensatory damages up to the invoice amount.
3. Cash Cow Class is exclusively liable for direct damage. Direct damage is exclusively understood as the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to ensure that the defective performance of Cash Cow Class complies with the agreement, insofar as these can be attributed to Cash Cow Class, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs resulted in limiting direct damage as referred to in these general terms and conditions.
4. Cash Cow Class is never liable for indirect damage, including but not limited to consequential damage, loss of profit, capital loss, missed savings and damage due to business interruption.
5. Claims for compensation shall expire one year after the day on which the client became aware or could reasonably have become aware of the damage and the possible liability of Cash Cow Class for such damage.
6. Client shall indemnify Cash Cow Class, or any persons engaged by Cash Cow Class, against any claims from third parties arising from the applications or use of the results of the assignment. The effect of article 6:76 of the Dutch Civil Code (liability when using assistants) is excluded.
7. Should the Client fail to take adequate measures, Cash Cow Class (without notice of default) has the right to do so. All costs and damages incurred by Cash Cow Class and third parties as a result will be fully at the expense and risk of the client.
These general terms and conditions were last amended on: May 2 2022.