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General Terms & Conditions

GENERAL TERMS & CONDITIONS

Updated 2018.May.23rd

RIGHT FOR RESPONSIBLE USE

The Stichting Luis Daniel Maldonado Fonken, from now on the provider, reserves the right to deliver or not know how and content according to its own policy (“ right for responsible use”).

If the provider perceives the student or customer has not reached capacity of responsible application of a method, know how, or similar, will not approve the certificate or skill related to it or will decide not to deliver the know how or method, or following levels of training or units of training related to it.

STICHTING LUIS DANIEL MALDONADO FONKEN By LAWS

The Customer has been informed that the legal frame for services provided are the by-laws and deed of incorporation of the Stichting Luis Daniel Maldonado Fonken, which defines the organization duties and priorities, interests, aims, limits, mission statement and purpose. https://by-law.luisdanielmaldonadofonken.info/right-of-responsible-use/

In case of disagreement or conflict of interest, the Stichting Luis Daniel Maldonado Fonken by-laws, foundation documents, board of members and CEO are the the immediate legal reference for decision making and negotiation.

PLATFORM

The following domains and their respective subdomains are property of the Stichting Luis Daniel Maldonado Fonken, its divisions and projects:

www.luisdanielmaldonadofonken.info

www.holistic-strategic-management.com

www.matrix-q.com

www.mq9.nl

The provider may also utilize other online platforms for the purpose of delivering the service or products designed for digital format through agreements of collaboration with third party providers, which will be listed in agreement of service documents signed by the customer.

CANCELATION

The provider, has the right to cancel the training in any moment. In that case, the units delivered, provided, plus the units of organization and production will be paid by the customer any way.

In the case of cancellation by the customer, it should be at least 4 weeks on advanced. In that case, the units delivered, provided, plus the units of organization and production will be paid by the customer any way. On addition 30% of the units not delivered at the point of cancellation will be paid as compensation for risk and investment by the provider.

NEGOTIATION

Before the final offer has been set by the provider, a negotiation process should take place, in which the customer will confirm and agree with goals, content, and additional details described in this document. Fees negotiation and agreement, as well as at least 100% payment of fees should be completed before the course starts, unless a contract signed specifies something different but no less than 80%  on advanced and 20% after completion of 5% of the units of service provided.

REGISTER & AGREEMENT WITH THE TERMS & CONDITIONS OF THE SERVICE

The customer and attendees register is completed with an official e-mail replay with customer details or digital confirmation of the agreement, or a digital agreement document signed by the customer (copy in PDF digital format, sent by e-mail), or a signed contract in paper, or by a video recording with customer agreement.

CUSTOMER/STUDENT DUTIES

Carry and fill out a diary of experiences, with the format of the Matrix-Q Slepnir diary, to be reviewed by the provider.
Participate in the gamified learning process with the intent to achieve as many points as possible.
Complete the tasks, units of training suggested and report after completion.
Complete the payments on advanced at the right time as scheduled by the provider.
After evaluation, certification, license and label assignment, if eligible, the customer agree to make public the certificates and labels and link them through urls to the provider website.
Provide e-mail, telephone, Skype ID, that will be utilized for the course communication, online platform and archive.
As license and label holder, if apply, the customer, attendees, agrees to join the Matrix-Q Network of certificates holders, receive newsletter with updates and join a yearly online or face-2-face event for updates and trainings. (fees included), and give report of projects and results, of application of Matrix-Q Know How every 3 months. The license and label will be re-evaluated and validate every year, or no less than every 2 years, through their participation and reports.

PROVIDER DUTIES

Deliver the content planned and necessary for the customer to achieve the goals set by he training program, with the condition of “responsible use capacity” and according to the customer capacity to learn and manage own learning process.
Support customer learning process through coaching and mentoring
Apply the Matrix-Q Education Method.
Review and evaluate customer learning process and performance, achievements, for the purpose of rank assessment, certificates, licenses or labels evaluation.
The provider will commit to his duties within the number of units set for the service above described only.
The provider will include the customer/student in the public list of holders of certificates, licenses and labels if apply.

ARCHIVE

The provider reserves the right to store in own archive digital and fiscal data generated along the training, including audio, video, text, or copies of the student diary; for research purposes.
In case the provider would like to utilize any of the materials in archive for education, or commercial purposes, will request, on advance, the approval to the customers on advanced.

DATA PRIVACY, SECRECY & PROPERTY

As for the content of the training is of strategic character and has commercial value, for the customer and the provider, both parts agree to don’t disclose or share details or materials of the training program with third party which is not authorized by the provider, directly or through license or franchise or any other form of signed agreement.
The provider has informed the customer of its intention to fully comply with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data: http://data.europa.eu/eli/reg/2016/679/oj [General Data Protection Regulation].
The provider process customer data in a secure CRM controlled by the provider and data bases stored by secured data containers off line which are backed up every month.
The provider mainly use personal data to share relevant news and other content that might be of interest of the customer.
To that end, the provider will send to the customer monthly newsletter and occasionally a separate e-mail or personal call or archives related to the service provided.
The customer personal data processed by the provider may include name, gender, postal address, e-mail address, phone number, language preference, job title, function, information about the sector of work in and reports of our units of service or process of agreement with the customer, data from the customer projects, personal data of the customer employees, data of strategic planning, data stored in the form of footage, digital audio and digital images.
The provider do not distribute those data to third parties, except when permitted by the new rules (e.g. in order to enable suppliers to maintain the database), or when authorized on advanced by the customer.
The provider will ask the customer on advanced for consent regarding any other for of use of the data, as for example for 1.) publications, printed, digital or online (website, web magazine), or 2) learning materials 3.) advertisement, 4.) research 5.) research data, 6.) others. Without customer consent that data will not be utilized in any other form.
By means of this agreement, terms and conditions, we would like to give the customer a chance to request its personal data, change preferences or have personal data deleted from our database. The customer may contact the provider for this purpose to the e-mail data@luisdanielmaldonadofonken.info
If the customer do not choose to use any of these options, the provider consider this as an approval to continue communication with the customer as mentioned above.
The customer authorizes the provider to collect, generate, archive data from the customer projects, personal data of the customer employees, strategic planning, footage, audio and digital images, for as long as for the whole length of the overall project or service provided, including all phases planned or expected for it, not limited to the phase 01; and for as long the negotiation and organization or agreement process for the following phases of the project takes place or until the customer decided the project or service being provided will be cancelled or discontinued.
The customer authorizes the provider to store for a non limited length of time and utilize the data from the customer projects, personal data of the customer employees, and strategic planning, footage, audio and digital images, for purpose of education and research, by keeping data privacy by applying the rule of pseudonymisation or full anonymization. (The customer has been informed has the right to disagree and request a modification of this paragraph before signature of the agreement)
An archive with all data collected from the customer will be available for the customer, under request, within 27 days.
The customer has the right to request in any moment a copy of own data archive, and
For data control and privacy enquires please contact data@luisdanielmaldonadofonken.info
In the case digital data of the customer is mixed with copyrighted materials of the provider, (provider data) the customer agree the provider has the right to keep, transform and use the digital files according to own judgement, without excluding the provider’s duty to request authorization from the customer for purpose of publication, commercial use, of the digital content that has data, voice or images of the customer. (for example in video clips, audio, photos, names, texts or similar).
The customer agrees the provider will do record in audio, video and photos, all units of service provided, according to own judgement. (The customer has been informed has the right to disagree and request a modification of this paragraph before signature of the agreement)
The customer agrees audio, video, text and photos archive of units produced along the service are property of the provider and their content is copyrighted material property of the provider.
The customer agrees that copies of the audio, video, text and photos archive of units produced along the service can partially or totally shared (copy) with the customer, under customer request and provider authorization, only if the customer has acquired the rights of property, leasing or licensing of the copyrighted material.
The customer agree to cover the expenses of the process of implementation of pseudonymisation or full anonymization of the data mixed with data property of the provider, for example audio, video, photo, text, image materials (digital data) produced along the service units in which the customer appears or the customer voice or customer data has been recorded or registered, like in a video (footage). Otherwise the customer authorizes the provider to keep original and copy the data without alteration, for a length of time according to the provider judgement for 1.) the purpose of education and research only. In the case the data would be utilized by other purposes, the customer has been informed, will be requested for an additional authorization. (The customer has been informed has the right to disagree and request a modification of this paragraph before signature of the agreement)
The customer has been informed why and how the provider process personal data .Furthermore we offer to the customer the option to change preferences or withdraw consent.

PROPERTY & COPYRIGHT

The customer agree that PTƟ Matrix-Q Know How is property of the provider: language, terms, models, graphic, publications, audio, forms, charts, data, materials provided, tasks, and any additional content created along the training program, for the training program or provided through it to the customer or public.
Charts, designs and terminologies used are Luis Daniel Maldonado Fonken’s original literary expression and are copy protected. Reproduction of terminologies, layouts and designs in any form without the express written consent from Luis Daniel Maldonado Fonken is prohibited. As stetted by the Stichting Luis Daniel Maldonado Fonken by laws. https://by-law.luisdanielmaldonadofonken.info/right-of-responsible-use/
The customer is not authorized to use the content and property of the provider for any other purpose as for learning and only within the frame of the training program described by this document. (Unless authorized through the respective license or similar).
In the case that the provider authorize the customer in a written form to use any content or property of the provider, the customer should refer to the author and property, copyright, according to provider guidelines: name, year publication, project, url to provider websites, license or certificate related, and user associated to publication or other use the customer would like to do of it.

TRADE SECRETS

The Stichting Luis Daniel Maldonado Fonken, its divisions, projects and companies, reserve the right of protection of own trade secrets. According to the Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. [adopted by the European Council on 27 May 2016 following an agreement reached with the European Parliament on 15 December 2015 and amendment by the Parliament on 14 March 2016] [URL]

The Stichting Luis Daniel Maldonado Fonken may have shared (or may plan to share) with public, through publications trade secrets (Publications by Luis Daniel Maldonado Fonken and The Stichting Luis Daniel Maldonado Fonken) since 2007, with the purpose of collaborating with the process of development of an emerging sustainable global culture and civilization in peace. But it is not entitle to explain, index, justify, share complementary or technical additional details, training or collaborate with third party, in any manner, that have accessed lawfully those trade secrets through the copyrighted publications shared.

The Stichting Luis Daniel Maldonado Fonken have created lawful procedures for third party to have access, if eligible, to trade secrets, through training and their respective certificates and associated ranking, licenses, franchise, label, NDA, job contracts, strategic partnership contracts, non-compete clauses, and other legal instruments.

SCIENTIFIC RESEARCH SECRETS

The Stichting Luis Daniel Maldonado Fonken, its divisions, projects and companies, reserve the right of protection of own scientific research secrets, result of scientific research by Luis Daniel Maldonado Fonken, The Multidisciplinary Research Pool and any other team or unit of research or researcher working for the The Stichting Luis Daniel Maldonado Fonken, or any of its divisions. including the Matrix-Q Research Institute.

The board of the Stichting Luis Daniel Maldonado Fonken is the unique legal authority for decision making regarding which scientific research secrets will be made available to public, under which conditions and for which period of length of time and where and when will be made available, which of them will be accessed through clearance rules and legal instruments and who is eligible for such.

The board of the Stichting Luis Daniel Maldonado Fonken have no obligation to decide to share a complete scientific research secret or any particular part of it. In general all scientific research, data generated and associated, procedures, results, theories, hypothesis and similar, results of scientific research by researchers of the Stichting Luis Daniel Maldonado Fonken its divisions, projects and companies, is considered as private, secret and accessible only through clearance, authorization rights.

CLEARANCE / AUTHORIZATION

Employees, members and associated partners, customers with the necessary clearance and legal agreements may, if eligible, have access to some trade secrets, and complementary  or technical additional details, training and support for use and application, according to case.

 

RELATIONSHIP

The customer agrees to be included in the public list of customers the provider shares online through its websites.

The provider will include the customer/student in the public list of holders of certificates, licenses and labels if apply.

PAYMENT GATEWAY

To the bank account of the Stichting Luis Daniel Maldonado Fonken
Bank: ING, The Netherlands
Account Holder: Stichting Luis Daniel Maldonado Fonken
Bank Account nr.: IBAN: NL95 INGB 0007 4257 94

REFUND

There is no refund.

ADDITIONAL TERMS AND CONDITIONS

May be created according to case and nature of service and product offered.