General Terms and Conditions
Art. 1 Application of general terms and conditions
These general terms and conditions define the modalities and conditions under which KICK-IT BV (BE0647773621), PRAXIS TRAINING VZW (0649522193) and FORMAZ BV (BE0882547669), hereinafter jointly referred to as the Organisation, provide their services to the customer or contracting party, hereinafter referred to as the Client.
These general terms and conditions govern the contractual relationship and the mutual rights and obligations between the Organisation and the Client.
These general terms and conditions apply exclusively to business-to-business agreements. Registrations by private individuals are only accepted insofar as this is expressly confirmed in writing by the Organisation; in such case the specific conditions of article 8 shall apply.
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 of the provisions in these general terms and conditions should at any time be declared null and void in whole or in part, all other provisions will remain fully applicable.
In the event of ambiguity regarding the interpretation of one or more provisions, or in the event of a situation that is not regulated in these general terms and conditions, it must be interpreted in accordance with the spirit of these general 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 with the provisions 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 third parties with whom we have not concluded a data processing agreement.
You can consult our full privacy statement on our website.
Art. 3 Payment
Invoices to Belgian companies are sent via Peppol by default.
Applying for subsidies or other forms of assistance, such as the “KMO-portefeuille” (Flanders) or “Chèques-formation” (Wallonia), does not exempt the Client from making timely payment. Applications for subsidies are always made at the Client’s own initiative.
The Client is not permitted to suspend payment or offset it against any claim whatsoever. Nor may the Client negotiate a discount in this regard, unless otherwise agreed.
All goods remain the legal property of the Organisation until they have been paid for in full.
In the event of non-payment, the outstanding debt will be collected by operation of law. From the due date, default interest of 12% will be charged, as well as a fixed compensation, excluding judicial recovery costs, of 10% of the invoice amount, with a minimum of €125 per invoice.
The Organisation also reserves the right to temporarily suspend further services until all outstanding invoices have been paid.
Administrative fee of €50 per invoice for additional customer administration, such as splitting an invoice across multiple companies, changing the billing to another company, working with the customer’s purchasing portal or software, or sending a registered reminder.
Administrative fee of €50 per participant for: duplicate BeSaCC diploma or badge, preparing VOV file.
If an extended payment term has been agreed in advance, an administrative fee applies: +3% at >30 days, +6% at >60 days, +9% at >90 days of the invoice amount.
Art. 4 Organisation of the training
The Organisation undertakes a best-efforts obligation (obligation of means) to perform its services with due care and expertise.
Unless otherwise agreed in the 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 relieves the Organisation of any obligation 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 the language in order to understand the content and pass tests without translation or language support.
The Organisation reserves the right to modify the service or training content or its 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 records the result and does not guarantee 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 on all presentations and didactic material. The Client agrees not to reproduce, translate, adapt or distribute any content, in whole or in part, in any way without the prior written consent of the Organisation. Without prejudice to the Organisation’s right to prove higher damage, any such breach shall automatically give rise to fixed compensation 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 in the event of intent or gross negligence by 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 any claims from third parties engaged by the Client.
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 congestion, 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 cancel the agreement or to any compensation.
Under no circumstances shall the Organisation be responsible for the indirect, consequential and/or business losses including loss of profit or income and for immaterial damage. The Client shall indemnify and hold the Organisation harmless from all claims by third parties for damages and/or costs, on any account whatsoever.
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. An invoice dispute cannot be determined based on a technical status in the accounting software.
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
This addendum defines the conditions for group training and certifications at the Client's site or at the Organisation's locations.
Quotation
All quotations are always 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, exclusive of VAT and other government levies, and do not include any costs incurred under the agreement, such as travel and accommodation, shipping or administrative costs, unless otherwise stated.
Maximum number of participants according to agreement in quotation. Additional participants will be refused or invoiced.
For certifications, a minimum of 4 certifications per session will be billed. All requested or communicated certifications will be invoiced. If there are additional certifications, they will be invoiced.
Stated prices cover services during normal business days and availability of the Organisation.
For special services that begin before 7:00 a.m. or end after 6:00 p.m., we charge a 50% surcharge. On Sundays and holidays, we charge a 100% surcharge on the total invoice amount.
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, by operation of law and without formal notice.
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 scheduling the first assignment. Upon receipt of payment, the assignment will be scheduled.
Planning, rescheduling or cancellation
Rescheduling or cancellation 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. The advance payment will be deducted from the final invoice.
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 and per day on top of the existing invoice. A new date must be scheduled within 3 months.
Cancellation without having fixed a training date or cancellation more than 14 days before 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, then the higher amount will be claimed.
Cancellation less than 14 days before start: full invoice amount remains due.
Rescheduling or cancelling training or exam with BeSaCC VCA or RTT certificate is not possible: full invoice amount remains due.
If training is not started or is stopped by the Client on the day of execution: full invoice amount remains due.
In case of rescheduling or cancellation: charges for rental location or machines remain due.
The Client is responsible for notifying the end of equipment rental after training. If the Client does not notify the Organisation, rent will continue to run and be billed to the Client.
If a participant is unable to attend, the Client may designate a replacement by notifying us in writing before the training starts.
Practical training arrangements
When the training takes place in the Client's location, the Client shall ensure its feasibility and safety.
An unsafe environment, not enough 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 any 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. Organisation is not responsible for any errors in execution, caused by the lack of information from the Client. Delivery of certificates is not possible without pre-supplied participant information.
Changes to participant details for BeSaCC VCA or RTT training courses can be made up to 72 hours before the start date. The Client provides the information via the portal and also notifies the Organisation by email. No changes are possible after this point.
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, recruitment or solicitation. Any violation during the performance of the contract and for 12 months thereafter will automatically result in a fixed compensation of €10,000 per violation.
Art. 7 Specific conditions for registrations in the open training calendar
This addendum defines the conditions for open training courses of the Organisation and its partners, with dates listed on the website.
All prices listed on website or other channels are indicative and not binding. The Organisation always reserves the right to change prices.
Registrations from a new corporate Client will be processed upon receipt of proof of payment or official order form.
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.
Art. 8 Specific conditions for private individuals (B2C)
Registrations from individuals will be processed upon receipt of payment. Invoices must be paid immediately.
If invoices are not paid on time, you will receive a first reminder free of charge.
If payment is still not made, default interest at the statutory rate will be charged after a waiting period of 14 calendar days, together with a lump-sum compensation in accordance with article XIX.4 of the Code of Economic Law, 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 if the balance due is between €150.01 and €500
- €65 plus 5% of the amount due on the tranche above €500 with a maximum of €2,000 if the balance due is above €500
The reminder fee for each additional reminder is €7.50 plus the postage costs applicable at the time of sending.
By derogation from the general provisions, the following applies in respect of consumers: (i) for complaints and defects, the statutory time limits apply instead of the 8-day period set out in article 5; (ii) the lump-sum compensation referred to in article 4 is limited to the actual damage suffered; (iii) liability is not limited for bodily injury; (iv) for disputes, the statutory allocation of jurisdiction in accordance with article 624 of the Judicial Code applies.