Winc Academy uses the General Terms and Conditions of the NRTO supplemented with the following Training Conditions.
Article 1. DEFINITIONS
1. Service(s): The provision of education, training and/or the supply of course material and/or the provision of (partial) examinations and/or an EVC course and/or another form of assessment.
2. Intellectual Property Rights: rights (of intellectual property) including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, related rights, patent rights, as well as rights to know-how.
3. Office hours: the time from 9 AM to 5 PM (GMT+1) on Monday through Friday, with the exception of official holidays and on days of which Winc has indicated in advance that it will be closed.
4. Winc: Winc Academy B.V. located at James Wattstraat 77L, zip code 1097DL in Amsterdam, The Netherlands and registered with the Chamber of Commerce under number 73031178. The VAT number is VAT 8593.27.401.
5. Job: includes both 1) being active as a self-employed person, and 2) a paid employment contract with an employer for an average of at least 24 hours per week, with an expected average full-time equivalent gross income of at least 20% above the minimum wage, regardless of sector, role and profession. Both within and outside of IT.
6. Tuition Fee: The amount due or paid to Winc for attending the Course. Any additional costs such as interest on a student loan, study materials, or other items, are explicitly not included in the Tuition Fee.
7. Materials: all materials for the Course, assignments, training courses, cases, websites, (web) applications, house styles, logos, folders, brochures, leaflets, lettering, advertisements, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports and (other) products of the mind, as well as preparatory materials thereof and the data carriers on which these materials are stored.
8. Course: the training provided by Winc to Student under the terms of the Agreement.
9. Course conditions: these Course conditions.
10. Agreement: the agreements between Winc and Student on the basis of which Winc will supply (or have supplied) the Service to Student.
11. Party/parties: Winc and Student together or separately.
12. Tuition fee: The amount due or paid to Winc for taking the Course. Any additional costs such as interest on a student loan, study materials, or other items are explicitly not covered by the Tuition Fee.
13. Written: written in the Course Conditions also includes communication by e-mail provided that the identity of the sender and integrity of the content is sufficiently established.
14. Application Contact Moment: the sending in of an application for a Relevant vacancy (consisting of a CV and Motivation letter geared towards a Relevant vacancy), or an interview for a Relevant vacancy. Hereby, a maximum of 4 unique Application Contact moments per Employer count, of which a maximum of 1 submitted application and 3 interviews.
15. Student: the natural person with whom Winc concludes the Agreement.
16. Student Data: all Materials, data and data sent and stored by Student to Winc for the Course.
17. Refund Amount: 75% of the Tuition Fee, less any discounts applied or payments not yet made. The Refund Amount will never exceed 75% of the actual Tuition paid by Student to Winc for the relevant Course.
18. Confidential Information means non-public information related to Winc and information that Winc indicates is confidential, or which, by its nature or under the circumstances of its disclosure, should be treated as confidential.
19. Website: website of Winc, reachable through the domain www.wincacademy.com, or corresponding subdomains.
20. Search period: a period of 6 months, starting on the day after the Student has completed the Course.
1. The Course Conditions apply to all offers by Winc, the execution of work by or on behalf of Winc and the execution of (future) Agreements.
2. Deviations and additions to the Course Conditions are only valid if they have been agreed in writing between the Parties.
3. If any provision of the Agreement is void or annulled, the other provisions of the General Conditions will remain in full force. The Parties shall replace the void or voided provisions with new provisions, taking into account as far as possible the purpose and the meaning of the void or voided provision.
4. In the event of any contradiction between different documents, the following order of precedence shall apply:
4a. Additional written and signed agreements;
4b. General Terms and Conditions Consumers for Private Education and Training Courses of the NRTO;
4c. Course Conditions.
1. In order to take the Course, Student must complete a registration and enrollment process.
2. Student guarantees to fill in his data correctly and completely.
3. The Agreement is established by fully completing the (online) registration process.
4. Winc is entitled to reject the registration of Student, without a motivation being required, and/or to request the Student for an intake interview on location of Winc.
5. Winc is only bound by a deviating acceptance (whether or not on minor points) of an offer by Winc, made by a potential Student, if Winc explicitly accepts the deviating acceptance in writing.
6. After registration, Student has 2 weeks reflection time. This time for reflection expires when the first lesson has taken place.
1. The Agreement is entered into for a period of 18 months, unless Parties agree otherwise.
2. When the Course has been completed and paid for, or when the duration has expired, the Agreement ends by operation of law.
3. Notice of termination of the Agreement by Student must be given in writing with due regard to a notice period of 1 month.
4. The termination of the Agreement does not lead to the lapse of any payment obligation of Student.
Article 5. Implementation of the agreement
1. After the Agreement has been established, Winc will start the execution of the Agreement and inform Student of the start and progress of the Course.
2. The Course is delivered 'remotely' by Winc and the supervision by the instructors takes place during Office Hours.
3. Student will provide Winc with all the support that is necessary and desirable to enable the correct and timely delivery of the Services. In any case, Student shall:
3a. provide to Winc all data and other information which Winc indicates are necessary, or which Student should reasonably understand are necessary for the execution of the Agreement; and
3b. make every effort to make participation in the Course a success and to complete the Course Program. In particular, the Student will have at his disposal suitable hardware and software to follow the Course and will follow and complete assignments, instructions and homework to the best of his ability.
4. Winc has the right to engage third parties in the execution of the Agreement. Any related costs shall be borne by Student only if agreed in advance.
5. If the Course requires Student to use the Materials, products and/or services (such as Slack) of third parties, Winc shall inform Student of this without delay and, to the extent they are applicable, shall provide Student with the conditions of the third party or parties concerned.
Article 6. INTELLECTUAL PROPERTY RIGHTS
1. In connection with the Course and performance of the Agreement, Winc provides Student with access to certain Materials. All Intellectual Property Rights vested in the Materials, the Service and the Course are and will remain vested in Winc or its licensors.
2. Student is granted a non-exclusive, non-transferable and non-sublicensable right to use the Materials in the Service and Course for the duration of the Agreement and in accordance with the terms and conditions set forth in the Agreement.
3. If Student does not use the Materials in the Service and Course for 90 days, access to such Materials will expire. Winc will notify Student in a timely manner, after which Student will have 14 days to respond. Without notice, Student's access to the Materials will expire.
4. Winc may take (technical) measures to protect Materials. If Winc has taken such security measures, Student is not allowed to circumvent or remove these security measures.
5. Student is not permitted to remove or modify any indication of Intellectual Property Rights from the Materials and Service. It is also not permitted to remove confidentiality notices from the Services.
6. All Intellectual Property Rights vested in the Student Data or other Materials provided by Student shall remain with Student. Student guarantees that the Student Data and Materials do not infringe any rights of third parties.
7. All Student Data remains the property of Student. Winc will not make any ownership claims to the Student Data.
8. Student grants to Winc a non-transferable and sub-licensable license to use the Student Data for the duration of the Agreement only to the extent necessary to perform the Services.
9. Student also provides Winc with a non-transferable and unrestricted license to analyze and use anonymized Student Data to improve the Service.
10. If Student develops Materials as part of the Course, Student provides Winc with a non-exclusive, irrevocable and perpetual license for these Materials to use for commercial and promotional purposes.
Article 7. STUDENT HELPDESK
1. Winc will provide a reasonable level of support to Student regarding questions about the Course and the Service. Winc may designate contact persons to whom Student may request support with respect to Course content questions.
2. The support as described in the previous provision is offered through a helpdesk that can be reached by telephone and e-mail during Office Hours. Outside office hours no support is available.
3. The support as described in clause 1 of this article is valid from the start of the Course until the Student has completed the Course or for the maximum duration of this Agreement.
4. The contact details of Winc are listed on the Website.
Article 8. HIRED OR REFUNDED GUARANTEE
1. Winc offers Students a hired or refunded guarantee. If the Student does not have a Job after the completion of the Course and after the end of the Search Period, the Student is entitled to the Refund Amount. The conditions described in this Article apply. If one or more of these conditions are not met, the right to the hired or refunded guarantee and therefore the Refund Amount will be lost.
2. The Student has an undergraduate or bachelor work and thinking level (at least ISCED level 6), demonstrated by:
2a. The Student has in the past obtained a diploma from a university of applied sciences or a university, or has successfully completed a secondary school education at pre-university level.
2b. The Student has obtained the required level in an entrance test of Winc.
3. The Student has completed a Course with hired or refunded Guarantee. This includes:
3a. The hired or refunded guarantee applies only to the Courses in Full-stack Development, Back-end Development and Data Analytics with Python.
3b. Student has enrolled in the Course after September 8, 2021 and has fully and successfully completed the Course. Student holds a valid Certificate of Completion from Winc.
3c. Student has completed the course within the nominal time (the completion period). For the Back-end Development course, a completion period of up to six months applies from the time the Student received the login information for the learning environment. For the Full-stack Development course, a completion period of up to twelve months applies. The Data Analytics with Python course has a maximum completion period of eight months.
4. The Student has paid the Course fees on their own. The Student has no outstanding or future payments outstanding with Winc. The hired or refunded guarantee does not apply to Course funded through third parties, including but not limited to funding from the government, semi-public institutions and employers.
5. The Student is available for work in the European Union without restrictions.
5a. The Student must be at least 18 years old, have a command of English on level B2 as specified in the Common European Framework of Reference for Languages.
5b. The Student is entitled to work in the European Union and has the valid documentation to do so, without any restrictions.
5c. The Student does not have a criminal record and has not been refused a Certificate of Good Behaviour.
6. The Student is open to Relevant Vacancies, and accepts Job offers.
6a. The Student is willing to accept, and applies for, both on-site and remote (online/remote) Job offers.
6b. The Student lives in the European Union and is willing to take a job within a radius of 150 kilometers from the home address, including in surrounding countries that fall within this radius.
6c. The Student has not turned down an offer of a Job.
6d. If Student started in a new Job during the Course or during the Search Period, Student has not resigned (including by way of a settlement agreement, unless this was done as part of a reorganization)
6e. If the Student is or has become a self-employed person this is considered a Job and this Student is therefore excluded from the hired or refunded guarantee.
6f. The Student is available for at least 32 hours per week, and is willing to work flexible hours.
7. The Student is going to be well prepared to apply for a job:
7a. The Student has a LinkedIn profile and a CV, which is fully updated to include all relevant work experience, studies, profile, and the new skills obtained from the Winc Course
7b. The Student has a good cover letter and adapts it to the job opening for each application
7c. The Student has a portfolio of relevant work to support applications and post at least 5 GitHub contributions to their public GitHub profile per week.
7d. The Student has requested and received feedback from Winc on his/her CV, cover letter, LinkedIn profile, and portfolio within 4 weeks after completing the Course. Any tips and directions from Winc to improve these materials, are implemented promptly and appropriately by the Student.
8. The Student will do all that can reasonably be expected, to increase the chances of obtaining a Job.
8a. The Student has actively applied for a job during the Search Period, consisting of at least 5 Application Contact Moments per week. Winc has the right to verify this and Student is required to forward supporting materials upon request.
8b. Student is required to increase the chances of finding suitable employment by responding to somewhat realistically suitable job opportunities. This includes both jobs inside and outside of IT and remote jobs.
8c. If Winc points the Student to a Relevant vacancy, Student is obliged to apply for it.
8d. The Student will behave professionally and make every effort to be considered for the Job, for example, the Student will appear presentable and on time at a job interview.
9. The Student will proactively communicate with Winc and identify in a timely manner if he/she does not yet have a Job.
9a. The Student has contacted Winc at least in week 4, week 10, and week 15, and week 20 of the Search Period on his/her own initiative to discuss progress. The Student has done this at firstname.lastname@example.org or by calling +31 88 16 60 316.
9b. The Student responds to communication from Winc within 2 business days and is available for consultation, feedback, or coaching if Winc deems it necessary. Failure to respond substantively or to follow Winc's instructions will result in forfeiture of the hired or refunded guarantee.
9c. If the Search Period is over and Student still does not have a Job, Student has 30 days to make use of the hired or refunded guarantee by requesting a refund at email@example.com. The request for reimbursement shall include written evidence of all applications made during the Search Period. After this period, the right to hired or refunded guarantee expires.
Article 9. CONFIDENTIALITY
1. The content of the Course is in any case Confidential Information.
2. Student shall keep Confidential Information strictly confidential and use it only to the extent necessary for the execution of the Agreement.
Article 10. LIABILITY AND FORCE MAJEURE
1. Except in the case of intent or deliberate recklessness on the part of Winc's management, Winc's liability for damages resulting from a shortcoming in the performance of the Agreement, a wrongful act or otherwise, is limited per event (whereby a series of related events counts as one event) to the fee as paid by Student for the Services prior to the occurrence of the damage.
2. A condition for the occurrence of any right to compensation is always that Student reports the damage in writing to Winc within a reasonable period after becoming aware of it.
3. Student shall indemnify Winc against any third party claims arising from a breach of the Agreement by Student.
4. The application of article 6:271 et seq. of the Civil Code is excluded.
5. No Party can be held to fulfill any obligation under the Agreement if fulfillment is prevented as a result of force majeure. If a Party is of the opinion that a situation of force majeure exists, it will notify the other Party thereof in writing as soon as possible. If a situation of force majeure has lasted longer than ninety (90) days, both Parties will have the right to terminate the Agreement in writing with immediate effect, without this giving rise to any obligation to undo.
Article 11. REMUNERATION AND PAYMENT
1. Payment for the Service and Course shall be made prior to the start of the Course.
2. In consultation, the Service and Course can also be paid in monthly installments.
Article 12. MODIFICATION OF COURSE CONDITIONS
1. Winc reserves the right to unilaterally change or supplement the Course Conditions, also with regard to already existing Agreements. Contractual changes apply with respect to already concluded Agreements with observance of a period of thirty (30) days after the announcement of the change by electronic message.
2. If the Student does not wish to agree to the changes, Student may terminate the Agreement, provided that the notice to that effect is received by Winc before the date on which the change takes effect. If, after this notification, Winc indicates that the said amendment will not take effect for Student, Student shall no longer have the right to terminate as referred to in this article.
3. Amendments of minor importance, amendments by law and amendments in favour of Student, can at all times be unilaterally implemented by Winc without a right of termination for Student.
Article 13. VARIA
1. Dutch law is applicable, insofar as not otherwise prescribed by mandatory rules of law.
2. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes arising from or related to this Agreement will be submitted to the competent court of the district in which Winc is established.