Terms and conditions Topscriptie B.V.

Article 1 Applicable Conditions
1. Topscriptie B.V., hereafter to be referred to as ‘user’, puts out tenders and signs agreements for the performance of thesis coaching and services, only on the basis of the following Terms and Conditions. The rates apply exclusively to students. User applies different rates for companies.
2. Should one or more provisions in these terms and conditions be invalid or declared null, the remaining terms and conditions will continue to be applicable regardless, unless adherence to the agreement is manifestly unreasonable.

Article 2 Offers and tenders
1. The offers made made by user, well as any price quotes, are valid for 30 days, unless otherwise indicated.
2. All prices are quoted in Euros.
3. A compound price estimate shall not oblige user to execute part of the assignment for a corresponding share of the quoted price.

Article 3 Implementation of the agreement
1. User gives thesis coaching to the best of its ability and in accordance with the requirements of good workmanship, based on the best available knowledge at that time. No rights or guarantees may be derived from this; student always remains responsible.
2. Insofar as is required for the implementation of the agreement, user has the right to let certain work be done by a third party.
3. Student shall ensure that all data which user claims to be necessary, or which student should reasonably understand to be necessary for the thesis coaching, will be provided to user.
4. User shall not be held liable or responsible for damages of any kind, when these are due to user having based himself on false, or incomplete information supplied to him by student, unless the falsity, or incompleteness of this information ought to have been knowable to user.
5. None of the offers, nor the first intake session, the latter only provided that it is conducted by phone or online with a consultant (who is not the eventual thesis coach of student in question), are binding unless expressly stated otherwise in writing. The agreement between user and student is established by signing an engagement letter, or through a confirmation by student using the Topscriptie Online Community.
6. The dates of the thesis coaching will be determined in consultation between the parties.
7. A thesis consulting hour as a unit of time is made up of sixty minutes.

Article 4 Amendment of Agreement
1. If, during the thesis coaching, it turns out that, for the proper implementation of the agreement, it is necessary to change the services that are to be delivered, user will do his best to implement the necessary changes as soon as possible. However, student should take into account that this can take some time.
2. If parties agree that the agreement is to be amended or supplemented, user shall inform student of this as soon as possible.
3. In case the amendment or supplement has financial and/or qualitative agreements consequences, user shall inform student thereof in advance.
4. In contravention of what is stated in paragraph 3, user may not charge extra costs, if the amendment or supplement is the result of circumstances that can be attributed to user.
5. Student is entitled to cancel a thesis coaching appointment or editing service. If cancelled up to five days before the scheduled start of the thesis coaching appointment, student will owe 10% of the offer price to user. In case of a cancellation between 24 and 48 hours beforehand 50% of the offer price will be owed. In case of a cancellation of an appointment by student less than 24 hours before the appointment, student owes 100% of the offer price. 
6. Topscriptie reserves the right to change its rates and the level of transaction costs from time to time. If Topscriptie intends to change its rates, it will announce this one month before the effective date of the change(s). In such a case the Student has the right to terminate the agreement in writing within 4 weeks after the announcement. The right of termination will expire one month after the publication of the new rates list and/or transaction costs.

Article 5 Duration of the Contract; execution time
1. The agreement is entered into between the user and student for a fixed term, as agreed between the parties, unless the nature of the agreement dictates otherwise, or if the parties expressly agree otherwise in writing. Thesis coaching hours do not expire.
2. Should user and student agree on a date and time for the completion of a certain service, the agreed time does not ever constitute a deadline. If user has not delivered the service by the agreed time, or if student has any other complaints regarding the service, student must write a proof of default within one month and email it to: info@topscriptie.nl

Article 6 Fees and implementing online thesis help
1. When the parties enter into an agreement they must agree on a fixed hourly fee. (Thesis coaches charge the coaching time by the minute.)
2. An online or telephone intake session with one of our consultants (not thesis coaches) is free of charge.
3. The fee for online thesis coaching is €75, – per hour, if student purchases up to four hours at a time.
4. The fee for online thesis coaching is €69, – per hour, if student purchases five hours.
5. The fee for online thesis coaching is €65, – per hour, if student purchases ten hours.  6. The fee for online thesis coaching is €59, – per hour, if student purchases twenty hours. 
7. A €3.99 transaction fee has to be paid for each transaction. An example of the calculation of the fee for online thesis coaching: Student buys five online hours in a single transaction for a rate of € 69, – per hour. Should he then want to buy another two hours separately, these two hours, which are bought separately, cost €75, – euro per hour.
8. User will keep an accurate record of the supervision hours for online thesis help (dates and time) and costs through the Topscriptie Online Community, which can be accessed at any time.

Article 7 Fee and implementation thesis help on location
1. When the parties enter into an agreement they must agree on a fixed hourly fee. (Thesis coaches charge the coaching by the minute.)
2. An online or telephone intake session with one of our consultants (not thesis coaches) is free of charge.
3. The fee for thesis coaching on location is €85, – per hour, if student purchases up to four hours at a time.
4. The fee for thesis coaching on location is €79, – per hour, if student purchases five hours.
5. The fee for thesis coaching on location is €75, – per hour, if student purchases ten hours.
6. The fee for thesis coaching on location is €69, – per hour, if student purchases twenty hours.
7. A € 3.99 transaction fee has to be paid for each transaction  An example of the calculation of the fee for thesis coaching on location: Student buys ten hours in a single transaction for a rate of € 75, – per hour. Should he then want to buy another two hours separately, these two separately bought hours cost €85, – euro per hour.
8. User will keep an accurate record of the supervision hours (dates and time) and costs through the Topscriptie Online Community, which can be accessed at any time.

Article 8 Payment and collection costs
1. Payment must be made before the start of the thesis coaching (using the secure webshop online community), or afterwards, if both parties have agreed to this. Payments are made according to user’s instructions and in the currency used in the declaration of expenses. Objections to the amount of the invoices do not suspend the obligation to pay .
2. Payment must be made within seven days after sending the invoice.
3. If student defaults in payment, then student is in default by right. In such a case user shall not perform any services until student has paid.
4. If student is in default, or fails to fulfil one or more of his obligations, then all reasonable costs for obtaining payment are borne by student.

Article 9 Retention of Title
1. All materials provided by user, including but not limited to designs, sketches, drawings, films, software, etc., remain the property of user, until student has fulfilled all of his obligations under all agreements entered into with user.
2. Student is not entitled to pawn the materials subject to retention of title. Nor is student entitled to mortgage said materials in any other way.
3. Materials provided by user, which are subject to retention of title by virtue of what has been specified in paragraph 1 of this article may only be resold within the context of normal business operations and may never be used as an instrument of payment.
4. In the event that user wishes to exercise his title specified in this article, the student hereby gives unconditional and irrevocable permission to user, or to third parties that are designated by user, to access all those places where the user’s materials are located and to take these materials back.

Article 10 Complaints
1. Complaints about thesis coaching or other services that have been provided by user should be reported immediately by student. If the complaint arises after the conclusion of the thesis coaching, the customer is obliged to report it within 7 days after this conclusion of the services. User should be notified of the complaint in writing within 7 days. The letter of complaint may be sent to info@topscriptie.nl. The complaint should give a description of the complaint that is as detailed as possible of the shortcoming and it should include proof of said shortcoming, so that user is able to respond adequately.
2. If a complaint is well-founded, user shall continue to perform the thesis coaching or services as agreed, unless this has become demonstrably useless for student. The latter must be made known in writing by student. Refunding of hours that have been used is not possible, unless there is clear evidence of a mistake by user.

Article 11 Termination, suspension and termination
1. Both parties may cancel the agreement at any time, but refunding of hours is not possible.
2. If the agreement is terminated prematurely by student, user shall be entitled to compensation of the thereby plausibly thereby resulting occupancy loss, unless there are facts and circumstances underlying the termination which can be attributed to user. Student shall furthermore be obliged to pay the invoices for the services that have been provided to date. The preliminary results from the work done to date will therefore be made available with reservation to student.
3. If the agreement is terminated prematurely by user, user shall, in consultation with student ensure transfer of additional work to third parties, unless there are facts and circumstances underlying the termination which can be attributed to student.
4. If, in transferring the work to third parties, additional costs are incurred, these costs will be charged to student.
5. User is authorized to suspend the fulfilment of the obligations, or to dissolve the agreement if:
– student does not, or does not fully comply with the obligations under the agreement;
– after the conclusion of the contract user learns of circumstances giving good
ground to fear that student will not fulfil his obligations. In case there are
compelling reasons to fear that student will only partially or improperly fulfil his obligations, suspension shall only be allowed in so far as this is justified by the shortcoming;
– User, at the conclusion of the agreement, has been requested to provide security for the fulfilment of his obligations under the agreement and this security is not provided or insufficient.
6. Furthermore, user is entitled to terminate the agreement if such circumstances
arise that fulfilment of the contract has become impossible or can no longer, according to standards of reasonableness and fairness, be demanded.
7. In case the agreement is dissolved the claims of user against customer are claimable immediately. If user suspends fulfilment of the obligations, he will retain his claims pursuant to the law and the agreement.
8. User shall always retain the right to claim damages.

Article 12 Liability
1. The contractor and student will enter into consultation about the way in which the thesis coaching and/or related services are to be provided. Although the services are provided by user to the best of his knowledge and ability, as well as in accordance with the requirements of good workmanship, user cannot thereby provide any guarantees to student regarding the academic results that are generated by the thesis coaching. Student, therefore, has no claim against user regarding the quality – more precisely, the final grade – awarded on the basis of the thesis that is to be written by student. The thesis coach has an obligation to give sound and helpful advice based on his knowledge and expertise to student, but he has no obligation to deliver a particular result, as measured by the the assessment of the thesis at the university/school.
2. If user is liable for direct damage, that liability will be limited to twice the invoice amount, at any rate, to that part of the assignment to which the liability relates.
3. In contravention of what has been stipulated in paragraph 2 of this article, for an assignment with a duration longer than six months, the liability is limited to the amount owed over the last six months of the assignment.
4. Direct damage is understood to mean:
– The reasonable costs of determining the cause and extent of the damage, to the extent that this determination relates to damage within the meaning of these terms and conditions;
– any reasonable cost incurred due to the poor performance of user
to attain agreement unless it cannot be attributed to user
be;
– reasonable costs, which have been incurred to prevent or limit the damage, to the extent that student demonstrates that these costs limited direct damage within the meaning of these terms and conditions.
5. User shall never be liable for indirect damage, including consequential loss, lost profits, missed savings and damage due to stagnation.
6. The limitations of liability included in these terms and conditions for direct
damages do not apply if the damage is due to intent or gross negligence of the user.

Article 13 Transfer of Risk
1. The risk of loss or damage to the materials which are subject of the agreement, shall be transferred to student at the moment they are supplied, legally and/or factually, to student and are thus brought into the control of student or of a third party designated by student.

Article 14 Force Majeure
1. Parties are not obliged to fulfil any obligation, if they are hampered in this fulfilment by a circumstance that is not due to their own fault, and which is not attributable to them under the law, nor by virtue of a legal action or a generally prevailing opinion.
2. In these terms and conditions ‘force majeure’ will be taken to mean in addition to its definition in law and legal precedent, all external causes which user which are outside of user’s control, yet which nevertheless prevent user is from meeting his obligations. Strikes in the user’s company are included in this definition.
3. User shall also be entitled to invoke force majeure, if the circumstance that prevents (further) fulfilment occurs after user should have fulfilled his obligations.
4. Parties may, during the period in which force majeure occurs, suspend the obligations arising from the agreement. If this period lasts longer than two months, either party may terminate the agreement without any obligation to cover damages incurred by the other party.
5. Insofar as user, at the time when force majeure takes effect, has partially fulfilled, or will be able to fulfil the obligations arising from the agreement, and if the part that has been fulfilled or is to be fulfilled has independent value, user is entitled to charge the part that has been fulfilled or is to be fulfilled separately. Student is obliged to pay this invoice as if it were a separate agreement.

Article 15 Confidentiality
1. Both parties are obliged not to disclose any confidential information obtained in the course of their agreement from each other or from another source. Information is to be considered confidential if such has been stated by the other party or if it follows from the nature of the information.
2. If, pursuant to a statutory provision or a court order, user is obliged to disclose confidential information to third parties designated by law or by the competent judge, and user cannot invoke a legal privilege or a privilege acknowledged or approved by the competent judge to excuse himself from this obligation, then user is not obliged to pay damages or indemnification and the other party will not be entitled to terminate the agreement due to any damage this has caused.

Article 16 Intellectual Property and Copyrights
1. Without prejudice to what has otherwise been stipulated in these terms and conditions, user shall reserve the rights and powers which accrue to user under the Copyright Act (Auteurswet).
2. All documents supplied by user, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are to be used exclusively by student and may not be reproduced, nor made public, nor disclosed to third parties, by him without the prior written consent of the user, unless the nature of the supplied documents dictates otherwise.
3. User reserves the right to use the knowledge acquired during the implementation of the activities for other purposes, provided that no confidential information is disclosed to third parties.

Article 17 Applicable law and disputes
1. Dutch law is applicable to any agreement between user and student.
2. The judge in the place of business of user has exclusive jurisdiction to take note of disputes between user and student, unless the district court (kantonrechter) has jurisdiction. Notwithstanding, user shall be entitled to submit the dispute to the legally competent court.
3. The last registered version will applicable, or the version valid at the time of the conclusion of the agreement, as the case may be.

Please don’t hesitate to contact us with any questions about our thesis help and possibilities.