General Conditions

Article 1 – Corporate Identity of Success Formula

Success Formula is a tutoring company for students organizing various sessions/courses for students to gain knowledge in various fields at university level. Success Formula also provides various resources in that respect, like summaries, instruction videos and review material.

Success Formula is a vennootschap onder Firma with Dutch law.

Success Formula is vested at Grote Gracht 64, 6211 SZ, Maastricht, The Netherlands

The visiting address is Grote Gracht 64, 6211 SZ, Maastricht, The Netherlands

Phone number: +31(0)622597170

E-mail: info@successformula.nl

Chamber of commerce number: 99148536

Article 2 – Relevance

1. These general conditions apply to any offer of Success Formula and to every finalized agreement between Success Formula and the customer.

2. Before the agreement is concluded, the text of these general conditions is being made available to the customer. If this is reasonably not possible before the agreement is concluded, it will be indicated that the general conditions can be viewed at Success Formula’s premises and on request of the customer these general conditions shall be sent to the customer as soon as possible without extra costs.

3. All communication, offers and agreements will be in English.

Article 3 – Offer

1. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the products/services by the customer. The images and words used by Success Formula are true representations of the products and services. Obvious mistakes and errors in an offer do not bind Success Formula.

2. Each offer contains such information that it is clear for the customer which rights and obligations are related to the offer when it is accepted by the customer. This concerns in particular: price inclusive taxes and any possible costs of delivery; the date(s) of the courses; the method of payment, delivery and performance of the contract; how the agreement after the conclusion is archived and if so how to consult it for the customer; the manner in which the customer, before concluding the agreement, can check and if necessary also restore the information provided by them under the agreement.

Article 4 – The Agreement

1. The agreement is finalized at the moment the customer accepts the offer and meets the conditions as set out in the offer.

2. If the customer has accepted the offer electronically, Success Formula will also electronically confirm that Success Formula has received the acceptance of the offer. As long as Success Formula has not confirmed the acceptance, the customer can terminate the agreement in writing or electronically without any reason.

3. If the agreement is concluded electronically, Success Formula will take appropriate technical and organizational measures to protect the electronic data transfer and a safe web environment. If the customer pays electronically, Success Formula will observe the necessary security measures. In that respect, Success Formula has entered into agreements with trustworthy payment companies.

4. Upon acceptance of an offer, the agreement can only be changed with the consent of Success Formula.

Article 5 – Change and cancellation of courses

1. In the event that in the opinion of Success Formula not enough customers registered for a certain course, Success Formula is free to choose a different date or time for the course and/or agree with the registered customer a new date or time. The customer, however, is than free to annul his registration and terminate the agreement without bearing any costs. Annulation must take place written or electronically.

2. Success Formula may also cancel a course written or electronically in the event that there are not enough customers and a change of time and/or date is not feasible. Cancellation must be done written or electronically and under clear mentioning of reasons of cancellation. Cancellation leads to annulment of the agreement with the customer and Success Formula must pay back already paid amounts within 7 days after date of cancellation.

Article 6 – Right of Withdrawal

Right of withdrawal in relation to products

1. The customer has the possibility to annul the agreement without giving reasons during 14 days after its conclusion. This so-called cooling off period starts on the day after the customer receives the product.

2. A designated form is made available on Success Formula’s website to make use of the right of withdrawal.

3. During the cooling off period the customer shall treat the product and the package carefully. The customer shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product.

4. If the customer wants to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to Success Formula, in accordance with the provided reasonable and clear instructions of Success Formula.

Right of withdrawal in relation to downloadable files

5. This paragraph applies only to digital downloadable files that are provided free of charge: the customer has the right of withdrawal only up to the moment the customer starts the actual downloading process. The paragraphs 2 until 4 of this article apply to this paragraph 5.

Right of withdrawal in relation to services

6. In case of an agreement to provide services, such as tutoring lessons, the cooling off period starts after the customer has received the confirmation of the agreement.

Article 7 – Withdrawal Costs

1. If the customer executes the right of withdrawal, he will have to pay no more than the costs of returning the product. There are no withdrawal costs related to the cancellation of downloadable files or services.

2. If the customer has made a payment, Success Formula shall pay back this amount as soon as possible but no later than within 14 days after the day on which Success Formula receives the withdrawal.

Article 8 – Payments

1. Unless otherwise agreed, the amounts due have to be met by the customer within 7 days after entering the cooling off period referred to article 6, paragraph 1.

2. In the event products and services are sold to customers, a maximum prepayment of 50% will be required, although Success Formula is free to agree a 100% downpayment with his customer. When a prepayment has been stipulated the customer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.

3. The customer has the duty to notify Success Formula about inaccuracies in the payment details.

4. In case of default by the customer Success Formula has, subject to legal restrictions, the right to charge the reasonable costs that are made known to the customer in advance.

Article 9 – Privacy

1. Success Formula will keep the information given by customers, such as name and email address in its administration and such information will be treated in accordance with the applicable privacy policy.

2. Success Formula, his owners and/or employees will treat personal data of its customers confidentially and in line with applicable Dutch privacy rules (Wet bescherming persoonsgegevens). Success Formula will not sell personal and privacy data to third parties.

3. In the event the customer objects to the usage of personal data, the customer may inform Success Formula written or electronically.

Article 10 – Intellectual property

1. All intellectual property, including the copyright on the (study)materials are the property of Success Formula.

2. Nothing may be copied or distributed to third parties without the explicit and written consent of Success Formula.

3. In case slides are shared and Success Formula can track the customer sharing the slides, the customer can face legal penalities in accordance with the applicable copyright laws.

Article 11 – Complaints

1. Complaints about the services of Success Formula must be sent written or electronically to Success Formula.

2. Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to Success Formula after the customer has observed the defects.

3. The complaints submitted to the Success Formula will be answered within a period of 14 days from the day of receipt. If a complaint has a forseeable longer processing time, Success Formula will answer within 14 days an acknowledgement and an indication when the customer will receive a more detailed answer.

4. Complaints will not suspend any payment obligation.

5. If a complaint is granted by Success Formula in relation to a single lesson, the customer will be repaid in full. If the customer did not pay the lesson(s) yet and the complaint is granted, the payment obligation no longer exists. If it concerns a series of lessons, there is only a possibility to get repaid after the first lesson upon a complaint has been granted.

6. If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.

Article 12 – Disputes

1. Any offer, agreement or any legal relationship between Success Formula and the customer shall be governed by, construed and enforced by Dutch law.

2. All disputes that can not be settled amically, will be brought before the competent court of Maastricht, the Netherlands.

Article 13 – Additional and Different Provisions

Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the customer and should be recorded in writing in such a manner that the customer can save these in an accessible way on a durable medium.

Article 14 – Account and access

1. The account of the customer is personal. It may only be used by the customer who created it. The customer may not share the login details with third parties or give third parties access to the account in any other way.

2. The customer may be signed in on several devices of his or her own. The learning environment may only be used on one device at a time. Success Formula may apply technical measures to that end, such as asking the customer to confirm on which device he or she wishes to continue, and showing the customer where the account is signed in.

3. Study materials that the customer views or downloads may be marked with details that identify the account, such as the name and e-mail address of the customer, so that materials passed on to third parties can be traced (see article 10).

4. If Success Formula has reason to believe that an account is used by more than one person, Success Formula will first notify the customer and ask the customer to stop. If the use by more than one person continues after that notice, Success Formula may, after reviewing the case, suspend the access of the account to the learning environment. In that case the customer is not entitled to a refund of amounts already paid. This does not affect the right of withdrawal of the customer (article 6 or article 16) or a repayment owed by Success Formula under article 5.

5. If the customer suspects that someone else has had access to the account, the customer changes the password and informs Success Formula without delay.

Article 15 – SF Family membership

1. SF Family is a membership for one person. Article 14 (account and access) applies to the membership.

2. While the membership is active, the customer has access to the Online Platforms of the study programme and study year that the customer has chosen in the profile. The access covers every period of the current academic year that has already started.

3. Courses with live sessions, such as Weekly Meetings and Crash Courses, are not included. Members book Weekly Meetings and Crash Courses at a member price that is 20% below the price a non-member pays at the time of booking. The member discount is applied first; a discount code is then applied to the reduced price. Members buy each Online Platform at a member price of EUR 0.01. A purchase at the member price is a separate purchase of that Online Platform; the access does not end with the membership.

4. The membership costs EUR 19.99 per month, inclusive of taxes. It is paid monthly in advance through the payment provider Mollie. If the membership is ordered on its own, the first payment is made when the order is placed and the later payments are collected automatically each month; a discount code used for that order applies to every monthly payment. If the membership is ordered together with a course or an Online Platform (“With SF Family”), the order pays for the course or the Online Platform, and the first monthly payment is collected automatically seven days after Success Formula receives that payment, the later ones each month after that; a discount code used for that order applies to the course or the Online Platform only.

5. Articles 6, 7 and 8 do not apply to the membership; article 16 applies instead.

6. The membership starts on the day on which Success Formula receives the first payment or, if it was ordered together with a course or an Online Platform, the payment for the course or the Online Platform. It has a minimum term of six months, counted from the start of the membership or, if it was ordered together with a course or an Online Platform, from the day of the first monthly payment. The last day of the minimum term is the day before the same day of the month six months later or, if that month has no such day, the day before the last day of that month. Example: if the membership starts on 13 September, the last day of the minimum term is 12 March; if it was ordered together with a course or an Online Platform on 13 September, the first monthly payment is on 20 September and the last day of the minimum term is 19 March. After the minimum term it continues for an indefinite period, month by month.

7. The customer may cancel the membership at any time, also during the minimum term: in the account, on the cancellation page of the website without signing in, or by e-mail to info@successformula.nl.

8. A cancellation during the minimum term takes effect at the end of the minimum term. A cancellation after the minimum term takes effect on the next monthly payment date. From that date no further payment is due and the access ends. The monthly payment date is the same day of the month as the start of the membership or, if it was ordered together with a course or an Online Platform, as the first monthly payment. If a month has no such day, it is the last day of that month.

9. Success Formula confirms the cancellation by e-mail and states the date on which the membership ends. While signed in, the customer can take back a cancellation before that date.

10. If a monthly payment fails or is reversed, the benefits of the membership are suspended until the open amount has been paid. The customer can pay the open amount and update the payment method in the account. The minimum term continues to run during a suspension. Courses that the customer bought separately are not affected.

11. Article 16 governs the right of withdrawal from the membership. A withdrawal ends the membership with immediate effect when Success Formula receives it.

Article 16 – Immediate start and right of withdrawal for paid products

1. This article applies to every paid product, both products without live sessions (such as the Online Platforms and the SF Family membership) and courses with live sessions (such as Weekly Meetings and Crash Courses). For these products this article applies instead of articles 6, 7 and 8.

2. The customer may withdraw from the agreement within 14 days after the day on which Success Formula receives the payment, without giving reasons. The customer can do so with the withdrawal function – the link “Withdraw from contract here” at the bottom of the pages of the website and in the account –, with the form referred to in article 6 paragraph 2, or with another clear statement, for example by e-mail to info@successformula.nl.

3. Access to a product without live sessions starts as soon as the payment has been received. A course with live sessions starts with its first session, which may fall within the withdrawal period. At checkout the customer expressly requests this start during the withdrawal period. The start does not end the right of withdrawal.

4. If the customer withdraws from a product without live sessions within the 14 days, the customer pays an amount in proportion to the time until Success Formula is informed of the withdrawal, compared with the full access period of the product. For the SF Family membership ordered on its own, the amount is the monthly price divided by the number of days of the current payment month, for each day until the withdrawal. If the membership was ordered together with a course or an Online Platform, no amount is due for the membership, and monthly payments already made are refunded in full.

5. If the customer withdraws from a course with live sessions within the 14 days, the customer pays, for each session that has taken place before Success Formula is informed of the withdrawal, the price paid for the course divided by the number of its sessions.

6. Success Formula repays all other payments to the payment method the customer used, without undue delay and in any event within 14 days after the day on which it receives the withdrawal. The agreement ends with immediate effect when Success Formula receives the withdrawal. If the customer withdraws from the SF Family membership while signed in, the access ends at that moment; otherwise Success Formula ends the access without undue delay.

7. The customer loses the right of withdrawal once Success Formula has fully performed the agreement; for a course with live sessions, once all of its sessions have taken place.