Terms & Conditions

Terms and Conditions

These terms and conditions apply to all sales of courses, conferences, memberships and books through MetierWestergaard’s website, www.metier.dk.

Terms and Conditions

These terms and conditions apply to MetierWestergaard A/S’s sale of courses, conferences, memberships, books, e-learning, corporate academies, advisory and consulting services, and other products and services. They apply whether the agreement is concluded through www.metier.dk, by email or by means of a specific quotation.www.metier.dk

Any special terms agreed in writing between the parties take precedence in the event of conflict with these terms and conditions. The version provided or made available to the customer when the agreement is concluded applies to the agreement.

A business purchase means a purchase made as part of commercial activity, including purchases by companies, public authorities and organisations. A consumer is a natural person acting mainly outside their trade or profession.

The agreement is governed by Danish law. These terms and conditions do not restrict consumers’ rights under mandatory legislation.

MetierWestergaard A/S
CVR no.: 15107294
Address: Folke Bernadottes Alle 45, 2100 Copenhagen Ø, Denmark
Telephone: +45 2556 1236
Email: [email protected][email protected]

Managing Director: Steen Sverker Nilsson, +45 2556 1236

Registration for Classroom Courses, Online Courses and E-learning

A registration or order placed through the website becomes binding when the customer has received MetierWestergaard’s order confirmation at the email address provided.

For purchases based on a specific quotation, the agreement becomes binding when the customer accepts the quotation in writing within its validity period, unless otherwise stated in the quotation.

The terms and conditions are made available before the agreement is concluded.

The customer is responsible for ensuring that contact, participant and invoicing details are correct. Any admission requirements for courses and examinations are stated in the course description or quotation before ordering and must be met by the participant.

Until the agreement has been concluded, courses and products remain subject to availability. Thereafter, cancellation and changes may only take place under the provisions below or by separate agreement.

Payment Terms

Courses, corporate academies, conferences, books, e-learning, memberships and other products are normally invoiced upon registration or ordering, with payment due 14 days from the invoice date, unless otherwise agreed in writing.

Advisory and consulting services are invoiced on a time-spent basis or at an agreed fixed price. Ongoing assignments are normally invoiced monthly with payment due 30 days from the invoice date, unless otherwise agreed in writing.

Prices for business customers exclude VAT unless otherwise stated. For consumer purchases, the total price including VAT, mandatory charges and known delivery costs is stated before ordering.

Travel, accommodation, freight and other expenses are invoiced separately where agreed. If costs cannot be calculated in advance, the basis of calculation is provided before the agreement is concluded.

Invoices are issued to the billing address provided by the customer. When ordering, the customer must provide any EAN number, purchase order number, cost centre and other required invoicing information.

If an invoice must be credited and reissued because a business customer supplied missing or incorrect information, an administration fee of DKK 250 excluding VAT may be charged. No fee is charged where the error is attributable to MetierWestergaard.

If invoicing information can only be supplied after ordering, this must be stated when the order is placed and the invoicing date agreed with MetierWestergaard.

Late-payment interest is charged in accordance with the Danish Interest Act. Where there are reasonable grounds for issuing a fee-bearing reminder, a fee of DKK 100 may be charged per reminder, up to three times for the same claim and at intervals of at least 10 days. Debt-collection costs are charged in accordance with applicable rules.

A three-month extension of e-learning access costs DKK 900 excluding VAT, equivalent to DKK 1,125 including VAT. Extension of a PeopleCert examination voucher costs DKK 500 excluding VAT, equivalent to DKK 625 including VAT, per voucher. Extensions are subject to the provider’s rules and must be agreed before the access or voucher expires.

Cancellation by the Customer

Unless otherwise agreed in writing, cancellation of classroom courses, scheduled online courses and conferences, and cancellation of corporate courses, is subject to the following terms:

• Cancellation more than 28 calendar days before the first course or event day: the full amount is credited.
• Cancellation from 28 through 14 calendar days before the first course or event day: 50% of the amount is payable.
• Cancellation less than 14 calendar days before the first course or event day: 100% of the amount is payable.

For corporate academies and other multi-module programmes, the cancellation terms are stated in the quotation or agreement. If no special terms have been agreed, the above deadlines apply by reference to the first teaching day.

On ordinary cancellation, materials, books and examination vouchers already supplied and which cannot be returned or cancelled will be charged at the separately stated amount or, if no amount was agreed, at the documented cost. No separate charge is made for costs already covered by the cancellation payment.

For business purchases, e-learning cannot be cancelled once the agreed access has been made available. This does not restrict the customer’s rights in the event of defects.

Cancellation must be submitted in writing to [email protected]. For ordinary cancellation, the time at which MetierWestergaard receives the notice determines the applicable deadline.[email protected]

No refund is made in the event of non-attendance.

For consumers, the above cancellation terms apply only to the extent that they do not conflict with mandatory legislation. Where a statutory right of withdrawal is exercised, the section on the right of withdrawal takes precedence.

Transfer to Another Classroom Course

Unless otherwise agreed in writing, requests to transfer a course registration or change the date of a corporate course are subject to the following terms:

• Transfer more than 28 calendar days before the first course day is free of charge.
• Transfer from 28 through 14 calendar days before the first course day is subject to an administration fee of DKK 2,500 excluding VAT, equivalent to DKK 3,125 including VAT.
• Transfer less than 14 calendar days before the first course day requires a separate agreement. Otherwise, the ordinary cancellation rules apply.

Transfers are subject to available capacity and written confirmation from MetierWestergaard. Any price differences and documented additional costs for materials, vouchers or external suppliers will be disclosed and agreed before the transfer.

If a transferred registration is later cancelled, the cancellation charge is calculated using the original or the new course date, whichever produces the higher charge. Any transfer fee already paid is not refunded upon ordinary cancellation. The same cost will not be charged twice.

Transfers of modules in a corporate academy are governed by the terms agreed for that programme.

If a participant is unable to attend, the place may generally be transferred to a colleague from the same organisation without a separate fee. The replacement participant must meet the admission requirements. Transfer of personal digital access, materials and examination vouchers is subject to the provider’s rules. Any additional costs will be disclosed and agreed in advance.

Requests for transfer or substitution must be sent to [email protected].[email protected]

A transfer does not affect a consumer’s statutory right of withdrawal or other mandatory rights.

Cancellation or Changes by MetierWestergaard

MetierWestergaard aims to deliver all scheduled courses and events. However, we may cancel or reschedule a course or event due to insufficient participant numbers, sudden instructor illness that cannot be remedied by a qualified substitute, or other material obstacles to delivery.

Cancellation due to insufficient participant numbers is notified no later than seven calendar days before the first course or event day. Cancellation may occur later in the event of acute illness or other unforeseen obstacles. The customer will be informed as soon as possible.

If MetierWestergaard cancels or reschedules, the customer may choose either an equivalent course or event on a new date or reimbursement of the amount paid for the cancelled service. The customer is not required to accept a credit note.

Reimbursement will be made without undue delay and no later than 14 days after the customer elects reimbursement.

For changes to corporate courses or academies, the parties will, where possible, agree an alternative date or solution. Payment for any agreed part that cannot be delivered will be refunded. If the failure materially undermines the purpose of the overall programme, the customer may exercise the remedies available for material breach.

MetierWestergaard may make minor programme changes and use another qualified instructor where this does not materially alter the agreed service. If a particular instructor was expressly agreed as an essential condition, replacement requires the customer’s approval.

Where MetierWestergaard cancels, no separate charge is made for materials or vouchers relating to the cancelled service unless the customer separately chooses to retain them at a price agreed in advance.

Any claim for damages is handled under the liability section and applicable law.

What Is Included in MetierWestergaard Courses?

The content included in the course price is stated in the relevant course description or quotation before ordering.

Certification courses normally include tuition, course materials and one examination or examination voucher per participant, unless otherwise stated. Resits, additional examination attempts and optional services are included only where expressly stated.

Course materials are sent or made available before the first course day. Any preparation requirements are stated in the course description or participant information.

For ITIL®, PRINCE2® and other PeopleCert courses, the course description or quotation states which books and digital materials are included. Where an advanced course requires the participant already to hold the relevant Foundation book, this is stated before ordering.

Access periods for e-learning, e-books and examination vouchers, and material technical requirements, are stated before the agreement is concluded, together with the date on which access begins.

Relevant licensing and examination terms of external providers are made available before ordering. They do not restrict the consumer’s mandatory rights against MetierWestergaard.

The customer and participant are responsible for using functioning access credentials and vouchers within the agreed periods. Printed books may be purchased separately where available.

Catering during teaching hours is included for open classroom courses unless otherwise stated. Premises, equipment and catering for corporate courses and academies are agreed separately.

Advisory and Consulting Services

The scope, deliverables, timetable, price and material assumptions are specified in the quotation or written agreement.

The customer must provide the agreed information, resources and access in a timely manner and ensure the necessary participation of relevant employees. If customer changes or delays affect the assignment, MetierWestergaard will notify the customer and the parties will agree the necessary timetable and price adjustments.

Changes to scope and additional services must be agreed in writing. Work outside the agreed scope is performed and invoiced under a separate agreement.

If the customer ordinarily cancels or terminates an assignment, the customer must pay for work already performed and documented unavoidable costs and binding external commitments entered into for the assignment. MetierWestergaard must seek to mitigate costs. Specific notice periods and payment for reserved consulting capacity must be agreed in advance.

This payment rule does not apply where the customer validly terminates due to MetierWestergaard’s material breach. Consumers’ statutory rights of withdrawal are unaffected.

MetierWestergaard performs the services with professional care and in accordance with the agreed scope. The customer remains responsible for its decisions and for implementing and applying the advice. This does not release MetierWestergaard from liability for errors or negligence in the advice delivered.

A particular financial, organisational or certification outcome is guaranteed only where expressly agreed.

Books and Other Physical Products

Product characteristics, price, delivery costs and expected delivery time are stated on the website or in the quotation before ordering.

For consumer purchases, MetierWestergaard bears the risk until the goods enter the consumer’s possession, subject to the exceptions under the Danish Sale of Goods Act.

In the event of errors, defects or incorrect delivery, the customer should contact [email protected], describing the issue and providing the order number.[email protected]

Consumers have a two-year right to complain under the Danish Sale of Goods Act. Complaints must be made within a reasonable time after discovery; a complaint within two months is always timely.

For a justified complaint, MetierWestergaard bears the necessary costs, including reasonable transport costs. Under the Danish Sale of Goods Act, the customer may be entitled to repair, replacement, a price reduction or termination.

Business customers must inspect deliveries and complain in accordance with the rules governing business purchases. Correctly delivered books and physical products are accepted for return only by separate agreement.

Right of Withdrawal for Consumer Purchases

Consumers generally have a 14-day right of withdrawal for purchases made through the website and other distance sales, and for agreements concluded away from MetierWestergaard’s business premises.

For physical goods, the period normally runs from the day on which the consumer or a nominated third party other than the carrier receives the goods. Where several goods in one order are delivered separately, it runs from receipt of the final item.

For services and digital content not supplied on a physical medium, the period runs from conclusion of the agreement.

Withdrawal must be notified before expiry of the period by an unequivocal statement, for example to [email protected]. It is sufficient that the notice is sent before the deadline. The consumer may use the standard form below but is not required to do so.[email protected]

For withdrawal from a purchase of goods, the goods must be returned no later than 14 days after the withdrawal notice.

The consumer pays the direct return costs and bears the risk of return shipment. The consumer is liable only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, where the statutory conditions are satisfied.

MetierWestergaard reimburses the payments received, including the standard delivery costs offered at purchase.

Reimbursement is made without undue delay and normally no later than 14 days after receipt of the withdrawal notice, using the same payment method unless expressly agreed otherwise, and without fees for the consumer.

For goods, reimbursement may be withheld until the goods are returned or the consumer provides evidence of return, whichever occurs first.

If the consumer expressly requests that teaching, advice or another service begin before expiry of the withdrawal period, the consumer may upon withdrawal be required to pay proportionately for the part already supplied, provided the legally required information was given and the other statutory conditions are met.

The right of withdrawal for a service expires upon full performance only where performance began with the consumer’s prior express consent and acknowledgement that the right ends upon full performance.

For digital content not supplied on a physical medium, such as e-books and recorded course content, the right may expire when delivery begins. This requires the consumer’s prior express consent and acknowledgement that the right is lost, and MetierWestergaard’s confirmation on a durable medium such as email.

For e-learning products comprising both digital content and teaching or other services, the rules apply to the relevant parts of the supply. Acceptance of these terms alone does not cause the right of withdrawal to lapse.

Standard Withdrawal Form

Complete and return this form only if you wish to exercise the right of withdrawal.

To: MetierWestergaard A/S, [insert physical address], [email protected].[email protected]

I/We hereby give notice that I/we wish to withdraw from my/our contract for the sale of the following goods or provision of the following services:

Ordered on/received on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s), only if this form is submitted on paper:

Date:

Complaints and Objections

Complaints concerning courses, products, advisory or consulting services, or other services may be sent to [email protected]. Please describe the matter and state the order number or agreement reference.[email protected]

We aim to respond within two business days. If further investigation is required, we will provide information about the subsequent process.

In the event of defects in teaching or advice, MetierWestergaard must normally be given an opportunity to investigate and remedy the matter within a reasonable time and without material inconvenience to the customer. The customer’s other rights are unaffected.

For consumer purchases of digital content and digital services, the mandatory defect rules of the Danish Sale of Goods Act apply, including rules on necessary updates. For continuous supply, MetierWestergaard is liable for defects under the rules applicable to the agreed supply period. Activation of access does not restrict the right to complain.

MetierWestergaard assists with practical examination arrangements to the extent included in the course. The official examination provider sets the examination rules, assesses candidates and issues certificates.

Complaints about assessment or the examination provider’s conduct may be submitted under the provider’s complaints procedure and deadlines. MetierWestergaard assists in identifying the relevant procedure. This does not restrict any customer claim against MetierWestergaard concerning a defective service sold by MetierWestergaard.

If a consumer and MetierWestergaard cannot reach a solution, the consumer may submit a complaint to the Mediation Team for Consumer Complaints at the Danish House of Committees through www.naevneneshus.dk, provided the case meets the applicable conditions. If another approved complaints body has jurisdiction, MetierWestergaard will identify the relevant route.www.naevneneshus.dk

Liability

MetierWestergaard is liable under the general rules of Danish law, subject to the limitations for business purchases below.

For business purchases, MetierWestergaard is not liable for indirect loss, including operating loss, loss of profit or loss of anticipated savings.

For business purchases, MetierWestergaard’s aggregate liability relating to an assignment or delivery is limited to the total agreed fee for the assignment or delivery giving rise to the claim. For ongoing consulting agreements, liability is limited to fees for the 12 months preceding the event giving rise to liability, or the shorter contract period where applicable.

The limitations do not apply in cases of wilful misconduct or gross negligence, personal injury, or where liability cannot lawfully be limited.

The limitations do not restrict the customer’s right to reimbursement for services not delivered.

For consumer purchases, the general rules of Danish law and mandatory consumer-protection legislation apply without the above business-purchase limitations.

Force Majeure

A party is not liable for delay or non-performance caused by extraordinary circumstances beyond its reasonable control which it could not reasonably have foreseen, avoided or overcome, including war, natural disasters or official orders preventing delivery.

Insufficient participant numbers, ordinary capacity issues and ordinary instructor illness do not in themselves constitute force majeure.

The affected party must notify the other party as soon as possible and seek to mitigate the consequences.

If the impediment lasts more than 30 calendar days, or prevents compliance with an agreed fixed date that is essential to the customer, the customer may terminate the affected part of the agreement. Payments for undelivered services will be refunded.

Consumers’ mandatory rights are unaffected.

Intellectual Property Rights

Copyright and other intellectual property rights in course materials, presentations, books, tools, templates and other materials belong to MetierWestergaard or the relevant rights holders to the extent protected by law.

Course materials and personal digital access may be used only by the participant for whom they were supplied and in accordance with the stated licence terms. They may not be shared, copied, resold, published or used for the participant’s own teaching without written permission, unless permitted by law or a separate licence.

For advisory and consulting assignments, after payment the customer receives a perpetual, non-exclusive right to use the agreed deliverables for the agreed purpose. Unless otherwise agreed, this includes internal copying, adaptation and sharing with the customer’s employees and advisers working for the customer and subject to confidentiality.

The right of use does not include resale, publication or teaching third parties unless agreed or permitted by law.

MetierWestergaard retains rights in its pre-existing materials, tools and templates and may continue to use general professional knowledge and experience without disclosing the customer’s confidential information.

Any restrictions resulting from third-party rights are disclosed before the agreement is concluded.

The customer retains rights in its own materials provided for an assignment.

Confidentiality and Personal Data

The parties must keep confidential information received in connection with the cooperation confidential. It may be used only to perform the agreement and shared only with persons who have a legitimate need and are subject to an equivalent duty of confidentiality.

The duty continues after termination. It does not cover information lawfully public, already lawfully known to the recipient, independently developed, or lawfully received from a third party without a duty of confidentiality.

Information may be disclosed where required by law or a competent authority. The other party will be notified in advance where lawful and possible.

Personal data is processed in accordance with the General Data Protection Regulation and the Danish Data Protection Act. Further information on purposes, legal basis, recipients, retention and data-subject rights is set out in MetierWestergaard’s privacy policy.

If MetierWestergaard processes personal data on the customer’s behalf as a processor, a data processing agreement will be entered into before processing begins.

Membership

The membership content, price and term are stated in the membership description or agreement before ordering. The membership period is normally 12 months.

Business memberships renew automatically for successive 12-month periods unless otherwise agreed. Cancellation must be submitted in writing to [email protected] no later than one month before expiry of the current period.[email protected]

Price changes and material changes to a business membership for the following period are notified in writing no later than two months before expiry, allowing the customer to cancel before renewal.

For consumer memberships, it is expressly stated before ordering whether the membership expires automatically or continues until cancelled.

Consumers may generally cancel an ongoing membership on one month’s notice to the end of a month once five months have elapsed since conclusion of the agreement. Any shorter commitment or notice period agreed will apply.

Consumers may cancel using the same medium or technical platform used to conclude the membership and may always send cancellation to [email protected]. MetierWestergaard confirms receipt.[email protected]

Prepaid membership fees relating to the period after termination are reimbursed in accordance with the Danish Consumer Contracts Act.

Price changes and material changes to an ongoing consumer membership require a valid contractual basis, an objective reason and individual notice allowing the consumer to cancel before the change takes effect.

Professional Network Meetings

Members of MetierWestergaard’s networks may attend the professional network meetings and events included in the membership without a separate participation fee. For corporate membership, this applies to the company’s employees within the framework stated in the membership agreement.

Participation requires registration and is subject to availability. Events carrying a separate fee are expressly identified in the description and registration process.

Non-members may attend one professional network meeting of their choice free of charge. Further participation and permanent affiliation with a network group require membership.