- The legal relationship between Kluwer Training, whose registered office is situated at 30 Motstraat, 2800 Mechelen, entered in the VAT register under number BE 0456.675.010 (referred to below as KLUWER TRAINING) and the client, is governed by these general terms and conditions, the purchase order, invoices and any special conditions (referred to jointly below as 'the Agreement'). This Agreement nullifies and supersedes all written or verbal contracts, proposals and undertakings that relate to the same subject and which may pre-date this Agreement. The Agreement takes precedence over the client's general terms and conditions and/or other conditions, even if these conditions state that they alone are valid. Any departures from the Agreement are only possible with the prior written consent of KLUWER TRAINING. KLUWER TRAINING reserves the right to modify the terms of the Agreement.
- The services provided by KLUWER TRAINING consist of organizing training courses , study days other courses, coaching, teaching solutions, guidance programmes, development pathways, e-learning, online trainings and other forms of training, as well as providing logistical and organizational support for the client's training courses. These services are referred to below as '(the) Training Courses'. Training courses that the client can attend with other clients are referred to below as 'Open Training Courses'. Training courses in which only the client's employees or business relations may participate are referred to below as 'In-Company Training Courses'. Training Packages are also provided for Open Training Courses, in which the client may attend any Open Training Courses for a period of 1 year that fulfil the conditions of the Training Package. Unless agreed otherwise, the client agrees that the Training Courses will be standard products that have not been created specifically for the client's needs. Consequently, the client also accepts that KLUWER TRAINING does not offer any guarantee and takes no responsibility in relation to the ability of the Training Courses to meet the client's specific requirements. KLUWER TRAINING will take every reasonable measure to provide the client with information that is as complete and accurate as possible, although it extends no guarantee in that regard.
- Commercial documents and offerings from KLUWER TRAINING create no undertakings on the part of KLUWER TRAINING. All registrations for an Open Training Course made by the client must be in electronic or written form. Telephone registrations are not accepted. The Agreement between KLUWER TRAINING and the client will only come into being after written or electronic confirmation of the client's registration has been sent out by KLUWER TRAINING. As part of this confirmation, KLUWER TRAINING will also send out a description of how to get to the course venue and an invoice. The Agreement between KLUWER TRAINING and the client will only come into being after registration and invoicing by KLUWER TRAINING. For In-Company Training Courses, the Agreement between KLUWER TRAINING and the client will only come into being after a specific contract has been signed. To pay the amount stated in the contract, the client will receive an invoice at the end of the month in which the In-Company Training Course takes place. For In-Company Training Courses spread over a longer period, the number of days on which training is provided will be invoiced monthly.
- For In-Company Training Courses, a proposal will be submitted to the client based on the information KLUWER TRAINING has at that time. The client guarantees KLUWER TRAINING that the information required to develop and conduct the In-Company Training Course will be complete and accurate. KLUWER TRAINING presents In-Company Training Courses from an independent point of view and will abide by the programme developed based on consultation between KLUWER TRAINING and the client. The client will provide KLUWER TRAINING with all documents and details in good time that KLUWER TRAINING needs to be able to conduct the In-Company Training Course in accordance with the schedule discussed. On scheduled training days, the client's employees attending the In-Company Training Course must be fully available. The client's employees attending the In-Company Training Course must be given the opportunity to carry out assignments relating to the In-Company Training Course during working hours. The client will only involve third parties in the In-Company Training Course after approval from KLUWER TRAINING.
- The prices charged by KLUWER TRAINING (unless stated otherwise) for Open Training Courses and Training Packages, include catering and documentation, and exclude VAT. The prices charged by KLUWER TRAINING (unless stated otherwise) for In-Company Training Courses include documentation and exclude VAT, catering, books, accommodation, rental of teaching equipment and travel expenses for the trainer(s). The charges that apply are those in effect at the time the Agreement is reached between KLUWER TRAINING and the client.
- Unless stated otherwise, all invoices are payable on receipt. For Open Training Courses, the amount of any invoice that remains unpaid at the start of the Training Course will automatically and without prior notice of default be increased by an amount of interest charged at 1% for each month or part thereof, plus a fixed indemnity of 15% of the amount of the unpaid invoice, with a minimum of € 25.00. For In-Company Training Courses and Training Packages, the amount of any invoice that is not paid within 30 days will automatically and without prior notice of default be increased by an amount of interest charged at 1% for each month or part thereof, plus a fixed indemnity of 15% of the amount of the unpaid invoice, with a minimum of € 25.00. If the client remains in breach of fulfilling one or more outstanding claims from KLUWER TRAINING, KLUWER TRAINING may suspend all participation by the client at Open Training Courses (whether or not they are part of a Training Package) and/or the further presentation of In-Company Training Courses until such time as all outstanding accounts have been paid, including any added indemnities or late-payment interest.
- KLUWER TRAINING has the right to offset any claims against the client from any claims made by the client against KLUWER TRAINING.
- KLUWER TRAINING will take all necessary steps to ensure that the Training Courses ordered can take place. However, unforeseen or unavoidable circumstances (e.g. because changes to the law have been implemented in response to recent developments, the total or partial halting of the transport system, illness, telecommunication problems, business disruptions, failures on the part of suppliers and course presenters working for KLUWER TRAINING, etc.) may result in KLUWER TRAINING cancelling the Training Courses or modifying the content, date(s) or location. In cases such as these, the client may cancel its Training Course or opt to attend the next session of this cancelled or modified Training Course. In the event of cancellation on account of the situations mentioned above, any invoices already paid by the client will be reimbursed on request, without interest or any other indemnity. KLUWER TRAINING has the right to change trainer(s) if KLUWER TRAINING believes that this is necessary for the fulfilment and quality of the Training Course.
- Except for the explicit undertakings entered into by KLUWER TRAINING pursuant to the Agreement, KLUWER TRAINING's liability is limited to the liability imposed by law. KLUWER TRAINING is not liable for indirect damages, such as loss of turnover, loss of profit or any increase in general overheads. Nor is KLUWER TRAINING liable for any damages arising from the non-compliance of this Agreement by the client, nor is KLUWER TRAINING liable for failings that are caused directly or indirectly by an act of the client or a third party, regardless of whether this has been caused by an error or shortcoming. If KLUWER TRAINING can be shown to be liable, KLUWER TRAINING is only required to replace the Training Course and, if that is not possible, to reimburse the price of the course.
- If the client is unable to attend an Open Training Course, the client may always opt to be replaced by a work colleague, unless stated otherwise. The client may, unless stated otherwise, cancel its attendance at an Open Training Course at no cost, or opt to attend another session of the same Training Course. It may do so in writing up to two weeks before the beginning of the Training Course. After that time, the client will be liable for the full price for the Training Course. The period of validity of a Training Course Package is automatically renewed annually for successive periods of 1 year, except where the client notifies KLUWER TRAINING by registered letter that it is terminating the agreement at the latest 1 month before the expiry date of the Training Course Package. For online training courses broadcast live, the customer can cancel or reschedule his registration free of charge up to three days before the start. Thereafter, the full price is payable. The customer can always have another person participate in the training in his place with no additional charge. The registration for a recording of an online training course cannot be cancelled. This registration is personal and individual, and cannot be transferred to another person. The following regulation applies for In-Company Training Courses. The client may cancel at no cost up to 5 weeks before the beginning of the In-Company Training Course. For cancellations between 5 and 2 weeks before the beginning of the In-Company Training Course, the client will pay 50% of the amount stated in the contract. For cancellations less than 2 weeks before the beginning of the In-Company Training Course, the full amount stated in the contract will remain due. For cancellations made less than 5 weeks before the beginning of the In-Company Training Course, the client will pay all costs already incurred by KLUWER TRAINING in preparation for the In-Company Training Course (e.g. preparation time for the trainer, the cost of booking the teaching venue, etc.). The client may move the scheduled training days of an In-Company Training Course at no cost up to 5 weeks before the beginning of the scheduled training days. For a move of the scheduled training days of an In-Company Training Course made between 5 and 2 weeks before the beginning of the scheduled training days, the client will also pay in addition to the agreed teaching day fee, an additional cost indemnity equivalent to 25% of the teaching day fee. If the client moves the scheduled training days of an In-Company Training Course less than 2 weeks before the beginning of the scheduled training days, the client will also pay in addition to the agreed teaching day fee, an additional cost indemnity equivalent to 50% of the teaching day fee. If the scheduled training days of an In-Company Training Course are moved less than 5 weeks before the beginning of the scheduled training days, the client will also pay all of the expenses already incurred by KLUWER TRAINING for booking the teaching venue in relation to this In-Company Training Course. The new date for the In-Company Training Course must also be discussed between KLUWER TRAINING and the client to fall within 6 months of the date originally agreed. One move of the scheduled training days of an In-Company Training Course is permitted. In the event of a 2nd move, the conditions relating to the cancellation of an In-Company Training Course, as described above, will apply.
- The court of first instance in Brussels, the commercial tribunal in Brussels, and the justice of the peace of the first canton in Brussels will have sole jurisdiction to rule on any dispute that may arise in relation to this Agreement and KLUWER TRAINING may only be summoned to appear by these courts. The Agreement is governed by Belgian law.
- Except where there are statutory exceptions, the contents and documentation of a Training Course may not, in whole or in part, be duplicated, translated, adjusted or stored in any form or in any way, nor may the contents and documentation of a Training Course, whether in whole or in part, be disclosed or passed on to the public in any form or in any way (such as, but not limited to, electronic and mechanical methods) without the prior written consent of the entitled party or KLUWER TRAINING.
- The client shall not disclose details about the approach, working methods, case studies used, etc. to any third parties without the prior consent of KLUWER TRAINING.
- Data provided by the customer are included in KLUWER TRAINING's file. These data shall be used in order to conduct informative or promotional campaigns on products offered by KLUWER TRAINING and/or within the framework of the contractual relationship between the customer and KLUWER TRAINING. Subject to the explicit consent of the customer, KLUWER TRAINING may us the customer’s contact data for direct marketing purposes and, again subject to the explicit consent of the customer, transfer the customer's contact data on to third parties (business partners and subsidiaries) for direct marketing purposes. Without such explicit consent the data of the customer shall never be used or transferred for these purposes.
Within the framework of the contractual relationship between the customer and KLUWER TRAINING, the customer’s data shall be processed solely by KLUWER TRAINING and its designated processors, with whom all necessary contracts have been signed. KLUWER TRAINING shall not store any data outside the European Economic Area without prior notification to the customer, including regarding the appropriate safeguards in data transfers, and shall if required obtain the customer’s consent. The following personal data may be shared by KLUWER TRAINING with the trainer and other participants of a specific training for which the client has registered (in the form of a participants): name, first name, function and company name. Additionally, KLUWER TRAINING may create visual materials during certain trainings, which subsequently can be used via KLUWER TRAINING’s communication channels. In the event the client does not wish to be included in the list of participants or to appear on any visual materials, this should be indicated during the registration for the training.
KLUWER TRAINING undertakes to take all technical and organisational measures to protect and secure the data against accidental or non-authorised destruction, accidental loss, modification or access and any other non-authorised processing of personal data, with due regard to the state of the art. Data that are no longer necessary or useful, shall be erased.
The customer has the right to access and rectify his data, to have his data erased or transferred or to object to the use of his data for direct marketing purposes. Such request shall be processed for free, unless a similar request has been made in the past six months or the customer requests additional copies, in which cases KLUWER TRAINING may charge a reasonable fee based on administrative costs resulting from such request.
- Any possible invalidity of one or more of the conditions of the Agreement will in no way affect the validity of the other clauses, regardless of the invalidity of the disputed clause. The parties will make every endeavor, by mutual agreement, to replace the invalid clause by a valid clause with the same or mainly the same economic impact as the invalid clause.
- The fact of not enforcing a right or not applying a sanction by KLUWER TRAINING in no way implies that the right has been waived.