Terms of Service Studied

Chapter 1 - General

§1.1 Definitions and interpretations

Article 1 - Definitions.

1. ‍‍Studied= the company registered in the trade register of the Chamber of Commerce under Chamber of Commerce number 71.09.09.32.
2. Team Leader = the employee of Studied who is responsible for prospective, existing and former Clients of Studied.
3. Tutor = the employee of Studied who is responsible for the Tutoring of one or more Students of Studied.
4. Learner = the person who is supervised by a Tutor of Studied and as part of this, attends the Lessons implementing the Services of Studied.
5. Client = the person formally responsible for the Pupil in connection with the Guidance and related Services provided by Studied. For minor Learners this is always the parent and/or guardian concerned, unless otherwise agreed. An adult Pupil himself is considered to be a Client. However, Studied always offers an adult Pupil the possibility to designate a third person as Customer.
6. Web application = the digital environment for central administration and communication of Studied which is accessible via www.studied.app.
7. Request = when Studied receives a Request for Information and/or purchasing Services.
8. Intake Conversation = a Conversation between the Pupil and/or Client of an Application led by the Tutor and Team Leader involved that aims at getting acquainted, establishing a Plan of Action, making Appointments for Lessons, scheduling a Trial Lesson and providing information.
9. Plan of Action = the blueprint for implementing the Services for an Apprentice and/or Client.
10. Arrangements = the Arrangements for the performance of the Services for an Apprentice and/or Customer.
11. Subject Appointment = the part of the Appointments made that relates to only one subject or topic, including the minimum total class time.
12. No-show policy = the policy for late or no-show at Conversations as stipulated in Article 19, Article 32 and Article 34.
13. Cancellation Policy = the policy for Lessons that did not proceed on the agreed date and time as stipulated in Article 15 and Article 30.
14. Trial Lesson = a Lesson of a Subject Appointment to assess the (possible) bond between the Tutor and Learner as well as the Plan of Action and Appointments.
15. Enrollment Form = the most current form by which a Pupil and/or Customer registers with Studied for administration of Lessons taken.
16. Privacy Statement = the most recent Privacy Statement outlining Studied's policies and measures regarding the protection of data subjects' privacy.
17. Evaluation Conversation = a Conversation between the Pupil and / or Client led by the Tutor and Team Leader involved that aims to evaluate the implementation of the Plan of Approach and Agreements as well as decide whether to extend, modify or terminate them.
18. End of Year Interview = the last Evaluation Interview of a school year in Primary education, Secondary education and higher education, where, in addition to the content of an Evaluation Interview, attention is paid to the progress of the expiring and upcoming school year.
19. Exit interview = the conversation concluding the Guidance at Studied.
20. Interviews = Intake Interview, Evaluation Interview, End of Year Interview and/or Exit Interview.
21. Guidance = the entirety of the Conversations, the Plan of Action, the Agreements, the Lessons, the Guarantees and the Method of Work.
22. Services = the Services from Studied's offerings as described in Article 14.
23. Lessons = the performance of the Services.
24. Warranties = the Warranties from Studied's offer as described in Article 15.
25. Working Method = the Working Method from Studied's offer as described in Article 16.
26. Terms of Service = the Terms of Service of Studied as set forth in this document or the most current version thereof.
27. Agreement = the Agreement within the meaning of Article 6:217 of the Dutch Civil Code between Studied and a Customer consisting of the Registration Form, the Terms of Service and the Agreements.
28. Force Majeure = A situation in which performance of obligations under the Agreement is temporarily or permanently impossible due to circumstances beyond reasonable control. This includes, but is not limited to: natural disasters, government actions, wars, strikes, epidemics, pandemics, power supply disruptions, and other reasonably unforeseen events.

Article 2 - Scope

1. The Terms of Service shall apply to all offers, promotions, quotations and Agreements of Studied, unless otherwise expressly agreed in writing.
2. If any provision of the Terms of Service is found to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.

Article 3 - Explanations and additions

1. If the Terms of Service do not provide in a particular case, or if there is ambiguity regarding the interpretation of one or more provisions, the interpretation must take place in accordance with the letter and spirit of the Terms of Service.
2. In case of interpretation of the Terms of Service, the Dutch text shall always prevail.
3. All definitions in Article 1 apply in both singular and plural.

§1.2 Agreements

Article 4 - Agreements.

1. An Agreement is for an indefinite period of time unless otherwise stated.
2. Notwithstanding Article 4, paragraph 1, the term of the Agreements in the Agreement is determined by the term of the associated Professional Agreements. The term of a Schedule as shown in the Web Application is leading for the interpretation of this term.
3. The Customer with whom an Agreement has been concluded shall ensure payment of the payment obligations arising from the Agreement. These payment obligations in any case include the minimum total lesson time of a Course Appointment from the Agreements with the Customer. For clarification:
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   1. The minimum total class time is determined by a minimum number of hours per subject per week.
   2. The minimum total class time applies to all Services, with the exception of Loose Lessons.
   3. For a Complete Program, the minimum total class time refers to the full class time of all Lessons within that program.
   4. For the application of minimum total class time when billing, see Article 31.
4. Invoicing in connection with payment obligations arising from an Agreement shall be in accordance with Article 31.
5. There is no payment obligation for Lessons of Pupils taking Guidance based on the Agreement between Studied and Stichting Leergeld Maastricht & Heuvelland.

Article 5 - Execution by third parties

1. Studied has the right to have work related to an Agreement performed by a third party. The applicability of Sections 7:404, 7:407 (2) and 7:409 of the Dutch Civil Code is expressly excluded.

Article 6 - Suspension

1. Suspension of the Agreement must be in writing.
2. Studied has the right to suspend performance of the Agreement in the following cases:
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   1. If the Apprentice and/or Customer fails to perform the obligations under the Agreement or fails to do so in full or in a timely manner;
   2. If, after the conclusion of the Agreement, Studied discovers circumstances that give reasonable cause to fear that the Apprentice and/or Customer will not fulfill the obligations under the Agreement;
   3. If the Apprentice and / or Customer was requested at the conclusion of the Agreement to provide security for the fulfillment of the obligations under the Agreement and such security fails or is insufficient;
   4. If Studied can no longer be required to fulfill the Agreement under the terms originally agreed upon.
3. Upon suspension of an Agreement, Studied's claims under the law and the Agreement shall be preserved.
4. If a Customer suspends the Agreement before the start of the term of the Agreement, only an obligation to pay for the Trial Lesson arises from the Agreements with the Customer.

Article 7 - Dissolution

1. Notice of termination of the Agreement must be given in writing.
2. Studied has the right to terminate the Agreement in the following cases:
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   1. If the Apprentice and/or Customer fails to perform the obligations under the Agreement or fails to do so in full or in a timely manner;
   2. If, after the conclusion of the Agreement, Studied discovers circumstances that give reasonable cause to fear that the Apprentice and/or Customer will not fulfill the obligations under the Agreement;
   3. If the Apprentice and / or Customer was requested at the conclusion of the Agreement to provide security for the fulfillment of the obligations under the Agreement and such security fails or is insufficient;
   4. If Studied can no longer be required to fulfill the Agreement under the terms originally agreed upon.
3. Upon suspension of an Agreement, Studied's claims under the law and the Agreement shall be preserved.
4. If a Customer cancels the Agreement before the start of the term of the Agreement, only an obligation to pay for the Trial Lesson arises from the Agreements with the Customer.
5. Upon termination of the Agreement, all claims of Studied against the Customer shall become immediately due and payable.

Article 8 - Termination

1. Notice of termination of the Agreement must be given in writing.
2. If a Customer cancels the Agreement before the start of the term of the Agreement, only an obligation to pay for the Trial Lesson arises from the Agreements with the Customer.
3. During the term of the Agreement, a Customer may terminate this Agreement without notice. However, the payment obligation for the minimum number of Lessons from the Agreements with the Customer shall continue, unless Studied decides to deviate from this.

Article 9 - Force majeure

1. Studied cannot be held to fulfill the Agreement in case of Force Majeure. Even when a circumstance preventing fulfillment of the Agreement by Studied occurs after Studied should have fulfilled its commitment, Studied may invoke Force Majeure.
2. Studied may suspend performance of the Agreement during the period of the Force Majeure.
3. Both Studied and the Customer have the right to terminate an Agreement without obligation to pay damages to the other party when a Force Majeure situation continues for more than two months.
4. If Studied has fulfilled all or part of the Agreement before Force Majeure occurred, the Customer shall only have a payment obligation for the portion of the Agreement already fulfilled.
5. Studied and the Apprentice and/or Customer shall notify each other as soon as possible of a situation that may involve Force Majeure.

Article 10 - Interest

1. A Customer is legally in default if it fails to pay an invoice within 30 days. In that case, the Customer in question shall owe interest on the outstanding invoice amount at a rate of 1% per month, unless the legal interest rate is higher; in that case, the legal interest rate shall apply. Interest will be calculated from the date of default until the invoice amount due is paid in full. The 30-day period starts on the invoice date.
2. Studied may refuse full repayment of the invoice amount due if a Customer does not simultaneously pay the interest and extrajudicial costs due.

Article 11 - Extrajudicial costs

1. If the Customer defaults in the timely fulfillment of its obligations, all reasonable extrajudicial costs related to that Customer shall be borne by the Customer in question. These costs are calculated according to the usual Dutch collection practice.
2. If Studied has incurred higher collection costs which were reasonably necessary in connection with a Customer, such actual costs incurred shall be borne by the Customer in question.
3. Court costs and enforcement costs incurred by Studied in connection with a Customer shall be borne by the Customer in question.
4. The Customer shall owe interest on the extrajudicial costs due. The rate of interest is 1%, unless the legal interest rate is higher, in which case the legal interest rate applies. Interest shall be calculated from the date the extrajudicial costs were incurred.

Article 12 - Offsetting amounts due

1. A Customer shall not be entitled to set off any amounts owed by it to Studied against any claim it may have against Studied.

Article 13 - Suspension of payment obligation.

1. Objection to the amount of a payment obligation does not suspend the respective payment obligation.
2. Nor can a Customer suspend a payment obligation for other reasons.

§1.3 Offerings

Article 14 - Services

1. Studied offers homework help, tutoring, training, coaching, language classes and language courses.
2. The characteristic conditions of homework help are shown in Appendix 1.
3. The characteristic conditions of tutoring are shown in Appendix 2.
4. The characteristic conditions of training are shown in Appendix 3.
5. The characteristic conditions of coaching are shown in Appendix 4.
6. The characteristic conditions of language teaching are shown in Appendix 5.
7. The characteristic conditions of language courses are shown in Appendix 6.

Article 15 - Warranties

1. If a Pupil and/or Customer reports to the Team Leader concerned one month after the date on which a Plan of Action was drawn up that the Plan of Action made is not sufficiently personalized, Studied offers the possibility of scheduling a one-hour evaluation lesson free of charge with the aim of evaluating the Plan of Action and adjusting it if necessary. This Guarantee is referred to abbreviated as "Guarantee - Personalized Education".
2. If after the Trial Lesson the Tutor, Learner and / or Client evaluate the Plan of Action, the Agreements or the relationship between them negatively, this and the next Trial Lesson will be reimbursed by Studied. This Guarantee is further defined in Article 22. Further, this Guarantee is referred to abbreviated as "Guarantee - Trial Lessons".
3. Studied shows the Pupil and / or Customer at all times what they need to achieve the goal in the Plan of Action on the condition that the Pupil and / or Customer is committed to and actively participates in the Lessons, such as doing timely and proper homework, arriving on time and participating in the Lessons well prepared. This Guarantee is referred to in short as "Guarantee - Lifelong Learning".
4. Studied strives to achieve the best possible Guidance and results through consistent, clear scheduling of Lessons for a Learner and/or Client so that the Learner's and/or Client's concentration, stress levels and time commitment are optimized. This Guarantee shall be referred to in abbreviated form as "Guarantee - Power of Structure".
5. When a Student and / or Customer demonstrates that a test, exam or examination for which a Plan of Action and Agreements have been made has not been passed, Studied will, if requested by the Student and / or Customer, offer a one-hour Lesson to review the relevant material with the aim of identifying ambiguities and / or areas for improvement. If the Apprentice and/or Customer decides to extend or change the Appointments or make new Appointments, the Apprentice and/or Customer will receive this Lesson and a new Plan of Action at no cost. This Guarantee is referred to in short as "Guarantee - Falling and Rising".
6. As Studied understands that unforeseen circumstances may occur, it offers the Pupil and/or Customer the possibility of rescheduling Lessons and Conversations at no cost, provided this is made known to the Tutor and/or Team Leader before 08:30 (CET) on the day of the Lesson so that a suitable solution can be sought together. This Guarantee is referred to abbreviated as "Guarantee - Flexibility".

Article 16 - Method of operation‍.

1. In order to optimize the Guidance of the Pupil and/or Client of Studied, Studied has its own Working Method. The conditions for this Working Method are described in Chapter 2 in these Terms of Service.

Chapter 2 - From Application to Deregistration

§2.1 Applications

Article 17 - Applications

1. When Studied receives a Request, Studied will ensure that the information and/or Services are provided as soon as possible.
2. Studied has the right to request information from the Proposer of the Application prior to the execution of an Application.
3. Studied has the right to store and use the information received in an Application in accordance with its Privacy Statement.

§2.2 Intake interviews

Article 18 - Scheduling of intake interviews

1. An Intake Interview will be scheduled only when required by a Service of Studied. In any other case, an Intake Interview will take place only when Studied deems it necessary.
2. The Team Leader involved in an Application will request dates and times from the Tutor, Pupil and/or Client involved when an Intake Interview is scheduled.
3. The Team Leader involved in an Application will send an invitation to the Intake Interview as soon as sufficient dates and times have been received from the Tutor, Pupil and/or Client involved.
4. Response to the Intake Interview invitation must be made in writing to Studied.
5. When a suitable date and time for the Intake Interview has been found, the Team Leader concerned will confirm the date and time for the Intake Interview to the Tutor, Pupil and/or Client concerned as soon as possible.

Article 19 - Conducting intake interviews

1. Intake interviews are always conducted via Google Meet. There will be no deviation from this policy.
2. The Pupil and/or Customer of an Intake Interview must be present on time. A change in the date and / or time of an Intake Consultation by Pupil and / or Customer must be notified to the Team Leader before 08:30 AM (CET) on the day of the Intake Consultation so that a suitable solution can be sought together.
3. If the Pupil and/or Client is late or does not show up, Studied has the right to cancel the Interview. In that situation, Studied reserves the right to decide whether to schedule a new Intake Interview.
4. If the Team Leader and/or Tutor cannot attend the Intake Interview in time, this will be communicated to the Client and/or Pupil in a timely manner. In that situation, the Team Leader will propose a new date and time for the Intake Interview as soon as possible.
5. Studied has the right to request information in connection with the conduct of an Intake Interview. This information may be requested in advance, during and after an Intake Interview.‍
6. All information provided as part of the Intake Interview is covered by the Privacy Statement.
7. Based on the information provided, the Team Leader will prepare a Plan of Action for the Pupil and/or Client during the Intake Interview.
8. Based on the Action Plan, the Team Leader will make Agreements with the Pupil and/or Client during the Intake Interview.
9. Based on the Agreements, a Trial Lesson will be scheduled only when a Service of Studied requires it. In any other case, a Trial Lesson will take place only when Studied deems it necessary.
10. Following an Intake Interview, the Apprentice and/or Client will receive an overview of what was discussed, including additional information.
11. The Plan of Action, Appointments and/or Trial Lesson are recorded in the Web Application.

Article 20 - Cost of intake interview

1. There is no charge for an Intake Consultation.

§2.3 Trial lessons

Article 21 - Scheduling trial lesson

1. A Trial Lesson will be scheduled only when a Service of Studied requires it. In any other case, a Trial Lesson will take place only when Studied deems it necessary.

Article 22 - Trial lesson assessment

1. When a Trial Lesson is scheduled, the Team Leader concerned will contact the Tutor after the Trial Lesson to assess the (possible) connection between the Tutor and the Pupil as well as the Plan of Action and Agreements.
2. Following the contact with the Tutor about the Trial Lesson, the Team Leader contacts Pupil and/or Customer to assess the (possible) connection between the Tutor and the Pupil as well as the Plan of Action and Agreements.
3. If the assessment from Article 22 paragraph 2 is positive, the Trial Lesson will be treated as any other Lesson. This means, among other things, that this Lesson will be charged.
4. If the assessment from Article 22 paragraph 2 is negative, this and the next Trial Lesson will be at the expense of Studied. The Team Leader concerned will contact Student and/or Customer as soon as possible to coordinate for the next Trial Lesson.

Article 23 - Additional information after trial lesson

1. Studied has the right to request additional information from the Student and/or Client as a result of the Trial Lesson.

§2.4 Enrollment

Article 24 - Request for enrollment

1. The Team Leader will request an Apprentice and/or Customer to complete the Enrollment Form:
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   1. When the first Trial Lesson of the particular Apprentice and/or Customer is positively evaluated by the particular Apprentice and/or Customer, or
   2. Before the commencement of the first Lesson of the relevant Pupil and/or Customer in the event that the Service to which this Lesson belongs does not require a Trial Lesson.
2. As part of the request to complete the Enrollment Form, the Team Leader concerned will provide the Enrollment Form digitally to the Pupil and/or Customer.
3. At the request of the Pupil and/or Customer, instead of the digital version, a PDF version of the Enrollment Form may be provided which can be digitally completed, scanned or printed to be received by Studied.

Article 25 - Completion of registration form

1. Completion of the Enrollment Form by a Pupil and/or Client is necessary for the administration of the data of the relevant Pupil and/or Client in the records of Studied for the purpose of carrying out the Guidance.
2. When completion of the Enrollment Form is requested by a Team Leader, the Enrollment Form must be received, positively reviewed and processed by Student and/or Client prior to the next Lesson. Guidance will not start without the requested Enrollment Form being received, positively reviewed and processed by Studied. For clarification:
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   1. This means, among other things, that Classes cannot proceed after the Trial Class until the Registration Form is received, approved and processed by Studied.
   2. For Lessons of Services that do not require a Trial Lesson, the first Lesson will proceed only after the Registration Form has been received, approved and processed.
3. If an Apprentice and/or Customer refuses to cooperate in completing the Enrollment Form, Studied has the right to suspend or terminate the Agreement.

Article 26 - Assessment of registration form

1. When a Registration Form is received by Studied, the Team Leader concerned will confirm receipt thereof. Simultaneously or at least shortly thereafter, the Registration Form received will be reviewed by this Team Leader.
2. If the Enrollment Form is evaluated positively, the Team Leader will notify the Pupil and/or Client.
3. If the Enrollment Form is reviewed negatively, the Team Leader will notify the Student and/or Client and explain what information is needed to approve the enrollment.

Article 27 - Registration form processing

1. Team Leaders process positively assessed Enrollment Forms as soon as possible. Once a Registration Form has been processed, the respective Team Leader will inform the Pupil and/or Customer as soon as possible. From this moment on, the next Lesson can take place.
2. Once an Apprentice and/or Customer's Enrollment Form is processed, an email is sent by the Web Application activating their account.
3. The Registration Form will be processed in accordance with the Privacy Statement.

§2.5 During counseling

Article 28 - Role of Team Leader and Tutor

1. The Team Leader who has been involved in processing the Application, conducting the Intake Interview, assessing the Trial Class and handling the Registration Form is responsible for the formal relationship between Studied and the Pupil and/or Client.
2. The Tutor who has been involved in the preparation of the Plan of Action, the Agreements and/or the Trial Lesson is responsible for the implementation of the Agreements made under the supervision of the Team Leader concerned.
3. If a Team Leader or Tutor needs to be replaced, Studied will notify the Learner and/or Client in a timely manner and strive to facilitate a replacement Team Leader or Tutor in a timely manner.

Article 29 - Wishes, complaints and/or questions

1. When a Pupil and/or Customer has a wish, complaint and/or question about the Plan of Action or the Agreements, it should be submitted in writing to the Team Leader concerned as soon as possible, but no later than one month after the Pupil and/or Customer is or could have been aware of it.
2. When a Team Leader receives a desire, complaint or question from a Learner and/or Customer, it will be carefully considered as soon as possible, but within 14 days of receipt, and the Learner and/or Customer will be contacted.
3. The Pupil and/or Customer must provide all information that may affect the progress and quality of the Guidance in a timely manner to the Team Leader concerned.
4. Failure to provide information or to provide information in a timely manner that may affect the progress and quality of the Guidance may result in suspension or dissolution of the Agreement.

Article 30 - Lessons in the web application.

1. All Lessons are recorded in the Web application by the Tutor.
2. Lessons that have yet to be completed are marked as "Scheduled" in the Web application.
3. Executed Lessons are provided with a lesson report in the Web application; these Lessons are marked as 'Reported'.
4. Uncompleted Lessons are marked as "Absent" or "Cancelled.
5. A missed Lesson is considered as 'Cancelled' when it did not take place and will be charged. A non-executed Lesson will be charged when the Student and / or Customer makes known after 08.30 AM (CET) that this Lesson can not take place on the agreed date and time. Studied has the right to deviate from this at its own discretion in favor of Pupil and/or Customer.
6. A non-executed Lesson is considered "Cancelled" when it did not take place and is not charged. A non-executed Lesson will not be charged if the Pupil and/or Customer gives notice before 08.30 AM (CET) that such Lesson cannot take place on the agreed date and time. Studied has the right to deviate from this at its own discretion in favor of Learner and/or Customer.
7. If a Lesson cannot be conducted by the Tutor on the agreed date and time, it will be marked as "Cancelled" and rescheduled to another date and time as soon as possible.

Article 31 - Invoicing

1. Lessons taken will be invoiced at the earliest at the end of the month on the last day of that month or on the first day of the following month.
2. In principle, the invoice amount of an invoice is determined based on the actual lesson duration rounded to quarters multiplied by the applicable hourly rate of the Service of the Lesson in question. This invoice amount may be increased based on the payment obligation following §1.2. If the total Lesson duration of the Lessons of a Course Appointment marked as 'Reported' is less than the minimum total Lesson duration of this Course Appointment, this difference will be charged additionally. This will be done by multiplying the missing lesson time, rounded to quarter hours, by the applicable hourly rate of the Service of the Course Appointment and adding this amount to the invoice of the month in which the Evaluation Meeting takes place.
3. Trial classes that have been negatively rated, discounts and/or any other downward adjustments will be deducted from the invoice amount.
4. To the invoice amount shall be added Lessons taken that have not been previously billed, agreed-upon advance charges by Studied and/or any other upward corrections.
5. An invoice must be paid within 14 days. If payment is not received by this deadline, reminders will be sent before legal action is taken.
6. In principle, invoices are collected by direct debit. For this purpose, the Pupil and/or Customer is requested to provide an authorization in the Enrollment Form.
7. The invoices of the Apprentice and/or Customer who authorize Studied for automatic collection will be automatically collected on the fourteenth day after the invoice date.
8. Learner and/or Customer who wish to pay by manual transfer, may request Studied to pay invoices by this alternative method.

§2.6 Evaluation interviews

Article 32 - Evaluation interviews.

1. Part of the Appointments made during the Intake Interview involves an Evaluation Interview.
2. The scheduling of Evaluation Interviews shall proceed in the same manner as the scheduling of Intake Interviews; Article 18 shall apply accordingly.
3. The conduct of Evaluation Interviews shall proceed in the same manner as the conduct of Intake Interviews; Article 19 shall apply mutatis mutandis.
4. During the Evaluation Talks, the implementation of the Plan of Action and the Agreements are evaluated. They may be extended, modified or terminated.
5. When the Plan of Action and Agreements are renewed and/or modified, a new Evaluation Interview is scheduled.

Article 33 - Cost of evaluation interviews

1. There is no charge for an Evaluation Interview.

Article 34 - End-of-year interview

1. Studied offers an End of Year Interview at the end of a school year in Primary education, Secondary education or higher education.
2. An End of Year Interview is an expanded version of an Evaluation Interview; Article 32 and Article 33 apply.

§2.7 Deregistration

Article 35 - Deregistration

1. When a Pupil and/or Customer wishes to terminate the Appointments for Guidance, the Pupil and/or Customer will be automatically deregistered.
2. The deregistration is final when the Team Leader has sent confirmation of the deregistration to the Pupil and/or Customer.  
3. When the Apprentice and/or Customer is permanently deregistered, the Apprentice and/or Customer's account in the Web Application is no longer accessible.
4. A deregistered Pupil and/or Customer may temporarily regain access to the account in the Web Application if desired.
5. No deregistration is required for no longer receiving invoices.
6. The authorization for direct debit of invoices for the Guidance shall terminate by operation of law as soon as the Pupil and/or Client has been permanently deregistered and all outstanding payment obligations have been paid in full.

Article 36 - Resumption of counseling

1. When a deregistered Pupil and/or Client wishes to re-attend Counseling with Studied, Studied may, at its discretion, omit the required Enrollment Form.
2. If a deregistered Apprentice and/or Customer has a Plan of Action and Agreements for Guidance again, the Apprentice's and/or Customer's account in the Web Application will be made accessible again provided that no ten years have passed since deregistration for purposes of the Privacy Statement.

Article 37 - Exit interview

1. When a Pupil and/or Client wishes to deregister from Studied, the possibility is offered to schedule an Exit Interview or to combine this with the execution of an Evaluation Interview.
2. An Exit Interview is an expanded version of an Evaluation Interview; Article 32 and Article 33 apply.
3. If a Pupil and/or Client does not require an Exit interview, this can be indicated to the Team Leader concerned.
4. A Learner and/or Client who does not require an Exit Interview is kindly requested to answer some questions as part of the deregistration process.

Chapter 3 - In conclusion

§3.1 Liability

Article 38 - Liability

1. If Studied is liable, such liability shall be limited to the provisions of this Article.
2. Studied's liability shall never exceed the amount paid by its insurer in the relevant case.
3. Studied shall only be liable for direct damages, and such liability shall be limited to the invoice value of the month in which the damage occurred.
4. Studied shall not be liable for any damage resulting from incorrect and/or incomplete data provided by the Customer, regardless of the nature of the damage.

Article 39 - Indemnification

1. The Client shall indemnify Studied against any third party claims arising from or related to the performance of the Agreement. The Client agrees to fully assist Studied in the event of such claims.

§3.2 Property rights

Article 40 - Retention of title.

1. All items delivered by Studied within the framework of the Agreement shall remain the property of Studied until the Customer has fully complied with all payment obligations and other obligations under the Agreement(s) concluded with Studied.
2. The retention of title extends to any claim that Studied has against the Customer, including future claims resulting from the Customer's failure to perform the Agreement.
3. As long as ownership has not passed to the Customer, the latter may not resell, pledge or otherwise encumber the delivered goods without the prior written consent of Studied.

Article 41 - Loan

1. Items delivered to the Customer by Studied shall be provided to the Customer on loan for the duration of the Agreement.
2. Upon entering into and during the term of the Agreement, the Customer is obliged to treat the items provided on loan with care and to use them only in accordance with the purpose for which they were provided.
3. In case of damage, loss or other unauthorized use of the loan items, Studied shall be entitled to recover all related costs in full from the Customer.
4. The Client is obliged to return the loan items in their original condition upon Studied's first request, unless otherwise agreed.

Article 42 - Intellectual property

1. All intellectual property rights relating to the Guidance belong exclusively to Studied. Without the prior written consent of Studied, the Client and Learner are not permitted to copy, distribute or disclose any material in any form.
2. Studied reserves all rights and powers vested in it under the Copyright Act and other applicable intellectual property laws.
3. Studied has the right to use knowledge resulting from the performance of the Agreement for other purposes, provided that no confidential information of the Client or Apprentice is disclosed to third parties in the process.

§3.3 Others

Article 43 - Privacy

1. These Terms of Service are subject to the Privacy Statement.

Article 44 - Applicable law

1. Only Dutch law applies to an Agreement.

Article 45 - Disputes

1. Disputes arising out of or in connection with this an Agreement shall be submitted exclusively to the competent court in Maastricht, unless otherwise required by mandatory law.
2. Studied and Clients undertake, before legal action is taken, to first attempt to reach a solution by mutual agreement.

Article 46 - Changes

1. Studied reserves the right to modify or supplement the Terms of Service. For this purpose:
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   1. Studied may make changes of minor importance at any time without prior notice to the Customer.
   2. Studied shall give timely notice of changes of a substantial nature to the Customer.
2. If the Terms of Service are amended during the term of an Agreement, the amended Terms of Service will become part of the Agreement, unless otherwise expressly agreed with the Customer.

Appendix 1 - Homework help

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Appendix 2 - Tutoring

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Appendix 3 - Trainings

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Appendix 4 - Coaching

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Appendix 5 - Language class

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Appendix 6 - Language courses