Terms of Service Studied

Chapter 1 - General

§1.1 Definitions

Article 1 - Definitions

1. Studied: The company registered in the trade register of the Dutch Chamber of Commerce under registration number 71.09.09.32.
2. Team Leader: The employee of Studied responsible for prospective, current and former Clients of Studied.
3. Student-Tutor: The employee of Studied responsible for one or more Students enrolled with Studied.
4. Student: The individual receiving Support from a Student-Tutor of Studied and attending Lessons provided as part of Studied’s Services.
5. Client: The person formally responsible for the Student in relation to the Support and associated Services of Studied. For minor Students, this is always the parent and/or guardian unless agreed otherwise. An adult Student is regarded as the Client themselves. However, Studied always offers an adult Student the option to designate a third party as the Client.
6. Web Application: The digital platform for centralised administration and communication by Studied, accessible via www.studied.app.
7. Application: A request submitted to Studied for information and/or Services.
8. Intake Interview: An Interview between the Student and/or Client as part of an Application, led by the assigned Student-Tutor and Team Leader. The purpose is to introduce the parties, create an Action Plan, establish an Agreement for Lessons, schedule a Trial Lesson, and provide additional information.
9. Action Plan: The blueprint for the provision of Services to a Student and/or Client.
10. Agreements: The mutually agreed-upon terms for the provision of Services to a Student and/or Client.
11. Subject Agreement: A portion of the Agreements that pertains exclusively to one subject or topic, including the minimum total lesson duration.
12. No-Show Policy: The policy regarding tardiness or absence from Interviews, as outlined in Article 19, Article 34 and Article 32.
13. Cancellation Policy: The policy for Lessons that do not take place on the scheduled date and time, as detailed in Article 15 and Article 30.
14. Trial Lesson: A Lesson within a Subject Agreement to evaluate the potential rapport between the Student-Tutor and Student, as well as to assess the Action Plan and Agreements.
15. Registration Form: The most recent Form through which a Student and/or Client registers with Studied for the administration of Lessons received.
16. Privacy Statement: The latest document describing Studied’s policies and measures for protecting the privacy of stakeholders.
17. Evaluation Interview: An Interview between the Student and/or Client led by the assigned Student-Tutor and Team Leader, intended to evaluate the implementation of the Action Plan and Agreements, and decide whether these should be extended, modified, or terminated.
18. End-of-Year Interview: The final Evaluation Interview of an academic year (primary, secondary, or higher education), addressing not only the content of an Evaluation Interview but also reviewing the concluded academic year and discussing the upcoming one.
19. Exit Interview: An Interview conducted to conclude the Support provided by Studied.
20. Interviews: Intake Interviews, Evaluation Interviews, End-of-Year Interviews, and/or Exit Interviews.
21. Support: The comprehensive set of Interviews, the Action Plan, Agreements, Lessons, Guarantees, and Approach.
22. Services: The offerings from Studied as described in Article 14.
23. Lessons: The execution of the Services.
24. Guarantees: The Guarantees provided within the offerings of Studied, as described in Article 15.
25. Approach: The execution practices outlined in Studied’s offerings, as detailed in Article 16.
26. Terms of Service: The conditions governing Studied’s Services, as outlined in this document or its most recent version.
27. Contract: The contract as defined by Article 6:217 of the Dutch Civil Code, between Studied and a Client, comprising the Registration Form, the Terms of Service, and the Agreements.
28. Force Majeure: A situation where the fulfilment of obligations under the Contract 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, energy outages, and other reasonably unforeseeable events.

Article 2 - Scope of Application

1. These Terms of Service apply to all offers, promotions, quotations, and Contracts of Studied, unless explicitly agreed otherwise in writing.
2. If a provision of these Terms of Service is found to be invalid or unenforceable, the validity of the remaining provisions remains unaffected.

Article 3 - Interpretation and Supplementation

1. If these Terms of Service do not address a specific situation or if there is any ambiguity regarding the interpretation of one or more provisions, the explanation must align with the letter and spirit of the Terms of Service.
2. In cases of interpretation, the Dutch text shall always prevail.
3. All definitions in Article 1 apply to both singular and plural forms.

§1.2 Contracts

Article 4 - Contracts

1. A Contract is valid for an indefinite period unless stated otherwise.  
2. In deviation from paragraph 1 of Article 4, the duration of the Agreements within the Contract is determined by the duration of the associated Subject Agreements. The duration of a Subject Agreement, as displayed in the Web Application, is decisive for determining its term.  
3. The Client with whom a Contract is concluded is responsible for fulfilling the payment obligations arising from the Contract. These obligations include, at a minimum, the total minimum duration of Lessons for a Subject Agreement as outlined in the Agreements with the Client. To clarify:
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   1. The minimum total lesson duration is determined based on a minimum number of hours per subject per week.
   2. The minimum total lesson duration applies to all Services, except for Single Lessons.
   3. For a Complete Programme, the minimum total lesson duration encompasses the full duration of all lessons within that programme.
   4. For the application of the minimum total lesson duration in invoicing, see Article 31.
4. Invoicing related to the payment obligations arising from a Contract is carried out in accordance with Article 31.  
5. There are no payment obligations for Lessons provided to Students receiving Support under the Contract between Studied and Stichting Leergeld Maastricht & Heuvelland.

Article 5 - Execution by Third Parties

1. Studied reserves the right to outsource tasks related to a Contract to third parties. The applicability of Articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is explicitly excluded.

Article 6 - Suspension

1. Suspension of the Contract must be communicated in writing.  
2. Studied reserves the right to suspend the fulfilment of the Contract in the following cases:
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   1. If the Student and/or Client fails to meet, partially meets, or fails to meet the obligations arising from the Contract on time;  
   2. If, after entering into the Contract, Studied discovers circumstances providing reasonable grounds to fear that the Student and/or Client will not fulfil the obligations of the Contract;  
   3. If, at the time of entering into the Contract, the Student and/or Client was asked to provide security for the fulfilment of obligations under the Contract and this security is not provided or is insufficient;  
   4. If Studied can no longer reasonably be expected to fulfil the Contract under the originally agreed terms.  
3. In the event of suspension of a Contract, Studied's entitlements under the law and the Contract remain intact.  
4. If a Client suspends the Contract before the start of its term, only a payment obligation for the Trial Lesson from the Agreements with the Client arises.

Article 7 - Dissolution

1. Dissolution of the Contract must be communicated in writing.
2. Studied has the right to dissolve the Contract in the following cases:
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   1. If the Student and/or Client fails to fulfil, partially fulfils, or fails to fulfil the obligations of the Contract on time;  
   2. If, after entering into the Contract, Studied discovers circumstances providing reasonable grounds to fear that the Student and/or Client will not fulfil the obligations of the Contract;  
   3. If the Student and/or Client, at the time of entering into the Contract, was asked to provide security for fulfilling the obligations under the Contract and this security is not provided or is insufficient;  
   4. If Studied can no longer reasonably be expected to fulfil the Contract under the originally agreed terms.
3. In the event of dissolution of a Contract, Studied’s rights under the law and the Contract remain intact.  
4. If a Client dissolves the Contract before the start of its term, only a payment obligation for the Trial Lesson outlined in the Agreements with the Client arises.  
5. Upon dissolution of the Contract, all claims by Studied against the Client become immediately due and payable.

Article 8 - Termination

1. Termination of the Contract must be communicated in writing.
2. If a Client terminates the Contract before the start of its term, only a payment obligation for the Trial Lesson outlined in the Agreements with the Client arises.
3. During the term of the Contract, the Client may terminate the Contract without a notice period. However, the payment obligation for the minimum number of Lessons specified in the Agreements with the Client remains in effect, unless Studied decides otherwise.

Article 9 - Force Majeure

1. Studied cannot be held responsible for fulfilling the Contract in the event of Force Majeure. This also applies if a situation arises that prevents Studied from fulfilling the Contract after it was due to be performed.
2. Studied may suspend the fulfilment of the Contract for the duration of the Force Majeure.
3. Both Studied and the Client have the right to dissolve the Contract without obligation to compensate the other party if a situation of Force Majeure lasts longer than two months.
4. If Studied has partially or fully fulfilled the Contract before the occurrence of Force Majeure, the Client is only required to pay for the portion of the Contract that has been completed.
5. Studied and the Student and/or Client must inform each other as soon as possible if a situation of Force Majeure is likely to occur.

Article 10 - Interest

1. A Client is considered in default if an invoice is not paid within 30 days. In such a case, the Client is liable to pay interest on the outstanding invoice amount at a rate of 1% per month, unless the statutory interest rate is higher, in which case the statutory rate applies. The interest is calculated from the date the payment is overdue until the full payment of the outstanding invoice amount is made. The 30-day period starts on the invoice date.
2. Studied may refuse full repayment of the outstanding invoice if the Client does not pay the accrued interest and extrajudicial costs simultaneously.

Article 11 - Extrajudicial Costs

1. If the Client fails to meet their obligations on time, all reasonable extrajudicial costs incurred as a result are charged to the Client. These costs are calculated in accordance with standard Dutch debt collection practices.
2. If Studied incurs higher collection costs that were reasonably necessary in connection with the Client, these actual costs are also charged to the Client.
3. Judicial costs and enforcement costs incurred by Studied in relation to the Client are charged to the Client.
4. The Client is liable to pay interest on the extrajudicial costs incurred. The interest rate is 1%, unless the statutory interest rate is higher, in which case the statutory rate applies. The interest is calculated from the date the extrajudicial costs were incurred.

Article 12 - Offsetting of Amounts Owed

1. A Client is not entitled to offset amounts owed to Studied against any claim they may have against Studied.

Article 13 - Suspension of Payment Obligation

1. An objection to the amount of a payment obligation does not suspend the corresponding payment obligation.
2. A Client is also not entitled to suspend a payment obligation for any other reason.

§1.3 Offerings

Article 14 - Services

1. Studied offers homework support, tutoring, training programmes, coaching, language lessons, and language courses.
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   1. The specific conditions for homework support are detailed in Appendix 1.  
   2. The specific conditions for tutoring are detailed in Appendix 2.  
   3. The specific conditions for training programmes are detailed in Appendix 3.  
   4. The specific conditions for coaching are detailed in Appendix 4.  
   5. The specific conditions for language lessons are detailed in Appendix 5.  
   6. The specific conditions for language courses are detailed in Appendix 6.

Article 15 - Guarantees

1. If a Student and/or Client informs the assigned Team Leader within one month of the date the Action Plan was established that it is not sufficiently tailored, Studied offers the opportunity to schedule a one-hour evaluation lesson free of charge to review and, if necessary, adjust the Action Plan. This guarantee is hereinafter referred to as "Guarantee - Tailored Education”.
2. If, after the Trial Lesson, the Student-Tutor, Student, and/or Client negatively assess the Action Plan, the Agreements, or their mutual rapport, Studied will reimburse the cost of this and the subsequent Trial Lesson. This guarantee is further detailed in Article 22. This guarantee is hereinafter referred to as "Guarantee - Perfect Fit”.
3. Studied ensures that the Student and/or Client is always provided with the tools they need to achieve the goals outlined in the Action Plan, on the condition that the Student and/or Client commits to and actively participates in the Lessons, including completing homework on time and effectively, attending punctually, and being well-prepared for Lessons. This guarantee is hereinafter referred to as "Guarantee - Lifelong Learning."
4. Studied aims to deliver optimal Support and results through consistent and clear scheduling of Lessons for the Student and/or Client, thus improving concentration, reducing stress levels, and optimising time management for the Student and/or Client. This guarantee is hereinafter referred to as "Guarantee - Consistency is Key."
5. If a Student and/or Client demonstrates that they failed a test, exam, or assessment for which an Action Plan and Agreements were made, Studied will, upon request from the Student and/or Client, provide a one-hour Lesson to review the relevant material, identify unclear areas and improvement points. Should the Student and/or Client decide to extend or modify the Agreements or establish new Agreements, the Student and/or Client will receive this Lesson and a new Action Plan free of charge. This guarantee is hereinafter referred to as "Guarantee - Trial and Error."
6. Understanding that unforeseen circumstances may arise, Studied allows the Student and/or Client to reschedule Lessons and Interviews without incurring additional costs, provided notice is given before 8:30 AM (MET) on the day of the scheduled Lesson. This notice must be communicated to the Student-Tutor and/or Team Leader to find a suitable alternative arrangement. This guarantee is hereinafter referred to as "Guarantee - Flexibility."

Article 16 - Approach

1. To optimise the Support provided to the Student and/or Client, Studied employs its own Approach. The conditions for this Approach are described in Chapter 2 of these Terms of Service.

Chapter 2 - From Application to Deregistration

§2.1 Applications

Article 17 - Applications

1. When Studied receives an Application, Studied ensures that the information and/or Services are provided as quickly as possible.  
2. Studied reserves the right to request additional information from the applicant to process an Application.  
3. Studied has the right to store and use the information received in connection with an Application in accordance with its Privacy Statement.

§2.2 Intake Interviews

Article 18 - Scheduling Intake Interviews

1. An Intake Interview will only be scheduled if it is required for a Service provided by Studied. In other cases, an Intake Interview will take place only if Studied deems it necessary.  
2. The Team Leader involved in an Application will request dates and times from the relevant Student-Tutor, Student, and/or Client when scheduling an Intake Interview.  
3. The Team Leader involved in the Application will send an invitation for the Intake Interview once sufficient dates and times are received from the relevant Student-Tutor, Student, and/or Client.  
4. Responses to the invitation for the Intake Interview must be communicated to Studied in writing.  
5. Once a suitable date and time for the Intake Interview are determined, the Team Leader will confirm the date and time as soon as possible with the relevant Student-Tutor, Student, and/or Client.

Article 19 - Conducting Intake Interviews

1. Intake Interviews are always conducted via Google Meet. This policy is strictly adhered to.
2. The Student and/or Client must be on time for the Intake Interview. Any changes to the date and/or time of the Intake Interview by the Student and/or Client must be communicated to the Team Leader before 8:30 AM (MET) on the day of the scheduled Intake Interview to find a suitable alternative.
3. If the Student and/or Client is late or fails to attend, Studied reserves the right to cancel the Interview. In such a situation, Studied retains the right to decide whether to schedule a new Intake Interview.
4. If the Team Leader and/or Student-Tutor is unable to attend the Intake Interview on time, this will be communicated to the Client and/or Student promptly. In such a case, the Team Leader will propose a new date and time for the Intake Interview as soon as possible.  
5. Studied reserves the right to request information in relation to the Intake Interview. This information may be requested prior to, during, or after the Intake Interview.
6. All information provided during the Intake Interview is subject to the Privacy Statement.
7. Based on the provided information, the Team Leader will create an Action Plan for the Student and/or Client during the Intake Interview.
8. Based on the Action Plan, the Team Leader will establish Agreements with the Student and/or Client during the Intake Interview.  
9. A Trial Lesson will only be scheduled if it is required for a Service offered by Studied. In other cases, a Trial Lesson will only take place if Studied deems it necessary.  
10. Following an Intake Interview, the Student and/or Client will receive an overview of the Interview, including additional information.  
11. The Action Plan, Agreements, and/or Trial Lesson will be recorded in the Web Application.

Article 20 - Cost of Intake Interview

1. There are no costs associated with an Intake Interview.

§2.3 Trial Lessons

Article 21 - Scheduling Trial Lesson

1. A Trial Lesson will only be scheduled if it is required for a Service offered by Studied. In other cases, a Trial Lesson will only take place if Studied deems it necessary.

Article 22 - Evaluation of Trial Lesson

1. If a Trial Lesson is scheduled, the assigned Team Leader will contact the Student-Tutor after the lesson to evaluate the potential rapport between the Student-Tutor and the Student, as well as the Action Plan and the Agreements.  
2. Based on this feedback, the Team Leader will contact the Student and/or Client to evaluate the potential rapport between the Student-Tutor and the Student, as well as the Action Plan and the Agreements.  
3. If the evaluation in paragraph 2 of Article 22 is positive, the Trial Lesson will be treated as a regular Lesson, meaning it will be invoiced.
4. If the evaluation in paragraph 2 of Article 22 is negative, the costs for this and the next Trial Lesson will be covered by Studied. The Team Leader will promptly contact the Student and/or Client to arrange the next Trial Lesson.

Article 23 - Additional Information after Trial Lesson

1. Studied reserves the right to request additional information from the Student and/or Client following the Trial Lesson.

§2.4 Registration

Article 24 - Request for Registration

1. The Team Leader will request the Student and/or Client to complete the Registration Form:
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   1. When the first Trial Lesson of a Student and/or Client is positively assessed by the respective Student and/or Client, or
   2. Before the start of the first Lesson for the respective Student and/or Client, if the Service associated with this Lesson does not require a Trial Lesson.
2. As part of this request, the Team Leader will provide the Registration Form digitally to the Student and/or Client.  
3. At the request of the Student and/or Client, a PDF version of the Registration Form can be provided instead. This can be filled in digitally, scanned, or printed and submitted to Studied.

Article 25 - Completing the Registration Form

1. The completion of the Registration Form by a Student and/or Client is required to register their details in Studied's administration for the purpose of providing Support.
2. When a Team Leader requests the completion of the Registration Form, it must be received, approved, and processed before the next Lesson for the Student and/or Client. Services will not start unless the requested Registration Form has been received, approved, and processed by Studied. To clarify:
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   1. This means that Lessons following the Trial Lesson will only proceed once the Registration Form has been received, approved, and processed.
   2. For Lessons within Services that do not require a Trial Lesson, the first Lesson will only proceed once the Registration Form has been received, approved, and processed.
3. If a Student and/or Client refuses to cooperate in completing the Registration Form, Studied reserves the right to suspend or dissolve the Contract.

Article 26 - Assessment of the Registration Form

1. When a Registration Form is received by Studied, the Team Leader will confirm receipt. Shortly thereafter, the Team Leader will assess the Registration Form.  
2. If the Registration Form is approved, the Team Leader will inform the Student and/or Client of this.
3. If the Registration Form is not approved, the Team Leader will inform the Student and/or Client and explain what additional information is needed for a positive assessment of the Registration Form.

Article 27 - Processing of the Registration Form

1. Team Leaders will process approved Registration Forms as quickly as possible. Once a Registration Form is processed, the Team Leader will notify the Student and/or Client as soon as possible. At this point, the next Lesson can take place.  
2. Once the Registration Form of a Student and/or Client is processed, an email will be sent via the Web Application to activate their account.
3. The Registration Form will be processed in accordance with the Privacy Statement.

§2.5 During Support

Article 28 - Role of the Team Leader and Student-Tutor

1. The Team Leader involved in processing the Application, conducting the Intake Interview, evaluating the Trial Lesson, and handling the Registration Form is responsible for the formal relationship between Studied and the Student and/or Client.
2. The Student-Tutor involved in creating the Action Plan, Agreements, and/or Trial Lesson ensures the execution of the Agreements under the supervision of the assigned Team Leader.
3. If a Team Leader or Student-Tutor needs to be replaced, Studied will inform the Student and/or Client on time and strive to facilitate a replacement as soon as possible.

Article 29 - Requests, Complaints, and/or Questions

1. If a Student and/or Client has a request, complaint, or question regarding the Action Plan or the Agreements, they must submit it in writing to the relevant Team Leader as soon as possible, but no later than one month after they became or reasonably should have become aware of this issue.
2. When a Team Leader receives a request, complaint, or question from a Student and/or Client, it will be addressed as soon as possible, but no later than 14 days after receipt, and the Student and/or Client will be contacted.
3. The Student and/or Client is required to provide any information that may affect the progress and quality of the Support to the Team Leader.  
4. Failure to provide such information, or delays in doing so, may result in suspension or dissolution of the Contract.

Article 30 - Lessons in the Web Application

1. All Lessons are recorded in the Web Application by the Student-Tutor.  
2. Lessons that have not yet been conducted are marked as ‘Scheduled’ in the Web Application.  
3. Completed Lessons are accompanied by a lesson report in the Web Application and are marked as ‘Reported.’  
4. Lessons that were not conducted are marked as ‘Neglected’ or ‘Cancelled.’  
5. A Lesson is marked as ‘Neglected’ if it did not take place and is still invoiced. This applies if the Student and/or Client informs Studied after 8:30 AM (MET) on the day of the scheduled Lesson that it cannot take place. Studied reserves the right to waive this charge at its discretion in favour of the Student and/or Client.  
6. A Lesson is marked as ‘Cancelled’ if it did not take place and is not invoiced. This applies if the Student and/or Client informs Studied before 8:30 AM (MET) on the day of the scheduled Lesson that it cannot take place. Studied reserves the right to deviate from this at its discretion in favour of the Student and/or Client.  
7. If a Lesson cannot be conducted at the scheduled date and time due to the Student-Tutor, it will be marked as ‘Cancelled’ and rescheduled as soon as possible to another date and time.

Article 31 - Invoicing

1. Invoices for Lessons will be issued at the earliest at the end of the month, either on the last day of that month or on the first day of the following month.  
2. As a general rule, the invoice amount is calculated based on the actual duration of the Lessons, rounded to the nearest quarter-hour, and multiplied by the applicable hourly rate for the Service associated with the respective Lesson. This amount may be increased based on the payment obligation outlined in §1.2. If the total duration of the Lessons marked as ‘Reported’ for a Subject Agreement is less than the minimum total duration required for that Subject Agreement, the difference will be charged. This is calculated by multiplying the missing duration, rounded to the nearest quarter-hour, by the applicable hourly rate for the Service of the Subject Agreement, and adding this amount to the invoice for the month in which the Evaluation Interview takes place.
3. Negatively assessed Trial Lessons, discounts, and/or other downward adjustments are deducted from the invoice amount.
4. The invoice amount is increased by any previously unbilled Lessons, agreed-upon pre-financed costs by Studied, and/or any other upward corrections.  
5. Invoices must be paid within 14 days. If payment is not received within this period, reminders will be sent before legal action is taken.  
6. As a general rule, invoices are collected via direct debit. The Student and/or Client is requested to provide authorisation for this in the Registration Form.  
7. Invoices for Students and/or Clients who have authorised Studied for direct debit will be automatically collected on the 14th day after the invoice date.  
8. Students and/or Clients who prefer to pay via manual bank transfer can request Studied to arrange this alternative payment method.

§2.6 Evaluation Interviews

Article 32 - Evaluation Interviews

1. An Evaluation Interview is part of the Agreements established during the Intake Interview.  
2. The scheduling of Evaluation Interviews follows the same procedure as the scheduling of Intake Interviews; Article 18 applies accordingly.
3. The execution of Evaluation Interviews follows the same procedure as the execution of Intake Interviews; Article 19 applies accordingly.
4. During Evaluation Interviews, the implementation of the Action Plan and the Agreements is reviewed. These may be extended, modified, or terminated.  
5. If the Action Plan and Agreements are extended and/or modified, a new Evaluation Interview will be scheduled.

Article 33 - Costs of Evaluation Interview

1. There are no costs associated with an Evaluation Interview.

Article 34 - End-of-Year Interview

1. At the end of an academic year in primary, secondary, or higher education, Studied offers an End-of-Year Interview.  
2. An End-of-Year Interview is a more comprehensive version of an Evaluation Interview; Article 32 and Article 33 apply accordingly.

§2.7 Deregistration

Article 35 - Deregistration

1. When a Student and/or Client wishes to terminate the Agreements for Support, the Student and/or Client is automatically deregistered.  
2. Deregistration becomes final once the Team Leader sends confirmation of the deregistration to the Student and/or Client.  
3. Once deregistered, the Student and/or Client's account in the Web Application is no longer accessible.  
4. A deregistered Student and/or Client can, upon request, temporarily regain access to their account in the Web Application.  
5. Deregistration is not required to stop receiving invoices.  
6. The authorisation for direct debit of invoices related to Support ends automatically once the Student and/or Client is fully deregistered and all outstanding payment obligations have been fulfilled.

Article 36 - Resumption of Support

1. If a deregistered Student and/or Client wishes to resume Support with Studied, Studied may, at its discretion, waive the requirement to complete a Registration Form.  
2. If a deregistered Student and/or Client receives a new Action Plan and Agreements for Support, their account in the Web Application will be reactivated, provided that no more than ten years have passed since deregistration in accordance with the Privacy Statement.

Article 37 - Exit Interview

1. When a Student and/or Client wishes to deregister from Studied, they are offered the option to schedule an Exit Interview or combine it with an Evaluation Interview.  
2. An Exit Interview is a more detailed version of an Evaluation Interview; Article 32 and Article 33 apply accordingly.  
3. If a Student and/or Client does not wish to have an Exit Interview, they can inform the assigned Team Leader.
4. Students and/or Clients who decline an Exit Interview are kindly requested to answer a few questions regarding their deregistration.

Chapter 3 - Final Provisions

§3.1 Liability

Article 38 - Liability

1. If Studied is found to be liable, such liability is limited to what is specified in this article.  
2. Studied's liability will never exceed the amount paid out by its insurer in the respective case.  
3. Studied is only liable for direct damages, and this liability is limited to the invoice value of the month in which the damage occurred.  
4. Studied is not liable for damages arising from incorrect and/or incomplete information provided by the Client, regardless of the nature of the damage.

Article 39 - Indemnification

1. The Client indemnifies Studied against any claims from third parties arising from or related to the execution of the Contract. The Client is obliged to fully assist Studied in the event of such claims.

§3.2 Property Rights

Article 40 - Retention of Ownership 

1. All goods delivered by Studied under the Contract remain the property of Studied until the Client has fully met all payment obligations and other obligations under the Contract(s) concluded with Studied.
2. The retention of ownership extends to all claims Studied has against the Client, including future claims resulting from the Client's failure to comply with the Contract.  
3. As long as ownership has not been transferred to the Client, they are not permitted to sell, pledge, or otherwise encumber the delivered items without prior written consent from Studied.  

Article 41 - Loaned Goods

1. Goods provided by Studied to the Client are on loan for the duration of the Contract.  
2. The Client is required to handle the loaned goods with care throughout the term of the Contract and use them only for the intended purpose.  
3. In the event of damage, loss, or unauthorised use of the loaned goods, Studied reserves the right to recover all associated costs from the Client.  
4. The Client must return the loaned goods in their original condition upon first request from Studied unless otherwise agreed.

Article 42 - Intellectual Property 

1. All intellectual property rights related to the Support are exclusively owned by Studied. Without prior written consent from Studied, the Client and Student are not permitted to copy, distribute, or publish any materials in any form.
2. Studied reserves all rights and powers to which it is entitled under copyright law and other applicable intellectual property legislation.
3. Studied has the right to use the knowledge gained from the execution of the Contract for other purposes, provided that no confidential information of the Client or Student is disclosed to third parties.

§3.3 Miscellaneous

Article 43 - Privacy 

1. The Privacy Statement applies to these Terms of Service and Agreements.  

Article 44 - Governing Law 

1. Only Dutch law applies to these Terms of Service and Contracts.  

Article 45 - Disputes  

1. Disputes arising from or related to these Terms of Service and Contracts will be exclusively submitted to the competent court in Maastricht, unless mandatory legal provisions stipulate otherwise.  
2. Studied and the Client are obligated to make a sincere effort to resolve disputes amicably before initiating legal proceedings. 

Article 46 - Amendments

1. Studied reserves the right to modify or supplement the Terms of Service. The following applies:
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   1. Studied may implement minor changes without prior notice to the Client.  
   2. Substantial changes will be communicated to the Client in a timely manner.  
2. If the Service Conditions are amended during the term of a Contract, the amended Terms of Service will become part of the Contract unless explicitly agreed otherwise with the Client.

Appendix 1 - Homework support

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Appendix 2 - Tutoring

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Appendix 3 - Training programmes

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Appendix 4 - Coaching

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Appendix 5 - Language lessons

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Appendix 6 - Language courses