General Terms and Conditions
Art. 1 General terms and conditions
These general terms and conditions define the modalities and conditions under which KICK-IT BV and PRAXIS TRAINING VZW, hereafter referred to as the Organisation, perform their services for Clients and lay down the mutual obligations of the Organisation and the Client.
In the event of interpretation problems, the Dutch-language general conditions take precedence over translations.
The Client accepts that only these general terms and conditions govern the agreement between the parties. Any purchase or other conditions of the Client are expressly rejected.
If one or more provisions in these general terms and conditions are declared null and void in whole or in part, all other provisions remain fully applicable.
In the event of ambiguity regarding the interpretation of one or more provisions, or in the event of a situation not regulated in these general terms and conditions, it must be interpreted in accordance with the spirit of these terms and conditions.
If the Organisation does not always require strict compliance with these terms and conditions, this does not mean that the provisions do not apply, or that the Organisation loses the right to require strict compliance in other cases.
Art. 2 Privacy Statement
The Organisation attaches great importance to your personal data. In our privacy statement, we provide clear information on how we handle your personal data.
The Organisation acts as a data controller and does not need to enter into a data processing agreement with the Client.
Your data will be used strictly to provide our services. They will not be used for other purposes such as email marketing or advertising.
We do not provide your data to third parties unless necessary for the performance of our services.
We never transfer personal data to parties with whom we have not concluded a data processing agreement.
You can consult our full privacy statement on our website.
Art. 3 Payment
An application for subsidies or other interventions such as the Flemish KMO-portefeuille or Chèques-formation (Wallonia) does not release the Client from paying on time. Applications for subsidies are always made on the initiative of the Client.
The Client is not allowed to suspend payment or offset it against any claim whatsoever, unless otherwise agreed.
All goods remain the legal property of the Organisation until fully paid for.
In the event of non-payment, the outstanding debt will be collected by operation of law. From the due date, late payment interest of 12% as well as fixed compensation, excluding judicial recovery costs, of 10% of the invoice amount, with a minimum of €125 per invoice, will be charged.
The Organisation also reserves the right to temporarily suspend any further services until all unpaid invoices are settled.
Administration costs of €35 per invoice or per participant will be charged for:
- splitting an invoice over multiple companies
- duplicate certificate or badge
- creation of a VOV file
- registered reminder
Art. 4 Organisation of the training
The Organisation enters into an obligation of means to perform its services with care and expertise.
Unless otherwise agreed in a quotation, services are standard and not made specifically for the Client. The Organisation is not responsible if the services provided do not meet the specific needs of the Client.
Each participant must comply with the general and safety instructions given before and during the services or training.
Participants must be medically fit to attend the training. Responsibility lies with the Client. The Client absolves the Organisation of any duty to verify this.
The Organisation retains the right to refuse or remove persons from a training in case of communication problems, safety concerns or nuisance, without waiving the Client’s payment obligation.
Trainings are conducted in one language. Participants are expected to be proficient in that language in order to understand the content and pass a test without language assistance.
The Organisation reserves the right to modify the service or training content or organisation when circumstances demand it.
The Organisation may replace the trainer without the Client being entitled to any compensation.
During evaluations, certifications or tests, the Organisation only makes an assessment and provides no guarantee of success. The Client accepts the independent assessment of the trainer.
The Organisation reserves the right not to issue a certificate in case of an outstanding invoice.
The Organisation retains exclusive intellectual property rights to all presentations and didactic material. The Client agrees not to reproduce, translate, adapt or distribute any content, in whole or in part, without prior written consent of the Organisation. Any infringement shall automatically give rise to liquidated damages of €10,000 per violation.
Art. 5 Liability and force majeure
The Organisation is not liable for any damage (material or bodily) caused before, during or after the services, unless there is intent or gross negligence on the part of the Organisation.
In case of proven liability, it shall at all times be limited to the amount paid out to the Organisation by its insurer. If there is no cover, liability is limited to the invoice amount excluding VAT.
The Client shall indemnify and hold the Organisation harmless against claims from third parties.
Any damage — voluntary or involuntary — caused by a participant to machines or equipment of the Organisation will be invoiced to the Client.
In the event of force majeure such as traffic jams, strikes, traffic accidents, illness, or the trainer being unavailable, any shortcomings on the part of the Organisation cannot be attributed to it.
This also does not give the Client the right to terminate the agreement or to claim compensation.
Under no circumstances shall the Organisation be responsible for indirect, consequential and/or business losses, including loss of profit or income and immaterial damage.
Complaints must be submitted in writing within 8 days after the invoice date. The absence of a timely written complaint is considered acceptance of the invoice.
All disputes concerning the concluded agreement are governed by Belgian law and only the courts of the judicial district of Kortrijk shall have jurisdiction.
Art. 6 Specific conditions for in-company training
These specific conditions are additional to the general conditions and apply to all training and certifications at the Client's site or at one of the Organisation’s locations.
Training Proposal
All quotations are valid for the stated period of validity.
A composite quotation does not oblige the Organisation to perform part of the order at a corresponding part of the quoted price.
Offers or proposals do not automatically apply to future orders.
The Organisation cannot be bound by its proposal or offer if it contains an obvious error.
All prices are stated in euros and are exclusive of VAT and other public levies, as well as any costs incurred under the agreement, such as travel, accommodation, shipping and administrative costs, unless otherwise stated.
Maximum number of participants according to the quotation. Additional participants will be refused or invoiced.
For certifications, the minimum number of requested or communicated certifications will be invoiced. Additional certifications will be invoiced.
Stated prices cover services during normal business days and normal availability of the Organisation.
For exceptional service outside normal working days, we charge a 50% surcharge on the total invoice amount. On Sundays and public holidays, we charge a 100% surcharge.
Extension of an assignment is possible at additional cost and only after written or verbal confirmation from the Client.
Payment
Unless explicitly agreed otherwise, the Client agrees to pay the invoice within 8 days of receipt and no later than 1 week before the start of the services.
New corporate Clients with a Belgian VAT number pay an advance invoice for planning the first assignment.
New corporate Clients with a foreign VAT number pay the full invoice for planning the first assignment.
Upon receipt of payment, the assignment will be scheduled.
A minimum of 4 certifications per session will be billed.
Planning, rescheduling or cancellation
Changes or cancellations must always be made in writing.
If the Client has not fixed a training date within two months after confirmation of the offer, an advance invoice of 50% of the total amount will be issued. If the total amount is lower than €500 per day, a minimum of €500 per day will be charged.
Rescheduling more than 14 days before the start: one time free of charge if notified in writing.
Rescheduling less than 14 days before the start: possible once with an administrative cost of €250 per scheduled trainer per day on top of the existing invoice. A new date must be scheduled within 3 months.
Cancellation without having fixed a training date: compensation of 50% of the total amount. If the total amount is less than €500 per day, a minimum of €500 per day will be charged. If the actual damage is higher, the higher amount will be claimed.
Cancellation more than 14 days before the start: compensation of 50% of the total amount. If the total amount is less than €500 per day, a minimum of €500 per day will be charged. If the actual damage is higher, the higher amount will be claimed.
Cancellation less than 14 days before the start: full invoice amount remains due.
Moving or cancelling training or an exam with BeSaCC VCA or RTT certificate is not possible: full invoice amount remains due.
If training is not started or is stopped on the day of execution by the Client: full invoice amount remains due.
In case of moving or cancellation: charges for rental location or machines remain due.
The Client is responsible for cancelling rented equipment after training. If the Client does not notify the Organisation, rent will continue and be billed to the Client.
If a participant is unable to attend, the Client may designate a replacement by notifying in writing before the training starts.
Training Organisation
When the training takes place at the Client's location, the Client shall ensure feasibility and safety.
An unsafe environment, insufficient practice space or improperly operating machines can result in the training not starting at all or only being partially completed.
This cannot be used as a reason to withhold payment for either the original assignment or any additional scheduled assignment.
During training, participants must be fully available to attend theory and practical exercises. Combining the training with regular work duties is not allowed.
The Client is solely responsible for timely and correct transmission of practical information and participant data through the Client portal. The Organisation is not responsible for errors in execution caused by lack of information from the Client.
Delivery of certificates is not possible without participant information being supplied in advance.
Changes to participant details for BeSaCC VCA or RTT training can be made up to 72 hours before the start. The Client provides the information via the portal and also notifies the Organisation by email. No changes are possible after that.
Additional sessions are always scheduled in consultation with the Organisation. The Client is strictly prohibited from approaching employees or contractors engaged by the Organisation for follow-up assignments or recruitment. Any violation will automatically result in fixed compensation of €10,000 per violation.
Art. 7 Specific conditions for individual enrolments
These specific conditions are complementary to the general conditions. They define the conditions for open training courses of the Organisation and partners as listed with dates on the website.
All prices listed on the website or other channels are indicative and non-binding. The Organisation always reserves the right to change prices.
Registrations from new corporate Clients will be processed upon receipt of proof of payment or official purchase order.
A started training will be invoiced completely in case of absence or cancellation by the Client for any reason whatsoever. No credit or refund is possible.
Cancellation for a course that has not yet started is free of charge up to 30 days before the start date. Thereafter, the full amount remains due.
Any cancellation must always be made in writing.
The Organisation reserves the right to cancel or reschedule a training. In case of cancellation by the Organisation, any registration fees already paid will be fully refunded.
Registrations from individuals will be processed upon receipt of payment. Invoices must be paid immediately. If invoices are not paid on time, a first reminder will be sent free of charge. If payment is still not made within the stated period, the Organisation will charge, in accordance with the Law of 2 August 2002, default interest as well as lump-sum compensation as follows:
- €20 if the balance due is less than or equal to €150
- €30 plus 10% of the amount due on the tranche between €150.01 and €500
- €65 plus 5% of the amount due on the tranche above €500, with a maximum of €2000
The reminder fee for each additional reminder is €7.50 plus the postage costs applicable at the time of sending.
Art. 8 Specific conditions of Train the Trainer license
These specific conditions are complementary to the general conditions. They define the specific conditions for the use of the Train the Trainer license.
The Train the Trainer license includes an annual subscription for up to 100 certifications. The license is invoiced monthly and renewed automatically. Cancellation must be given in writing at least 3 months before the end of the agreement. Any certifications above the included volume will be charged at the current rate at year-end.
The trainer license remains valid indefinitely, provided that there is an annual audit and refresher training of 2 half days. Personal certificates of the trainer must be renewed after 5 years by the Organisation.
Train the trainer instruction is specific to the agreed machines. If the Client or trainer wants to certify new machines, additional training is required.
The Organisation is responsible for the correct issuing of certificates. The trainer is responsible for an objective evaluation of the participant.
Additions to or personalisation of the course material are possible at a rate of €175 per hour.
The Organisation retains copyright to all course materials. The Client and trainer are not allowed to create their own versions based on the course material.