Terms of Sales
Purpose and scope
In the present General Terms and Conditions of Sale, viattech Q&S BVBA refers to the company under Belgian law viattech Q&S BVBA, whose registered office is established viattech Q&S BVBA, with a capital of € 18,600 VAT number: – Boulevard du Midi nr 25 – 27 (Floor 3) 1000 Brussels, registered in the VAT register under number BE 0820.761.936 RPM Brussels. The present general terms and conditions of sale govern all relations between SPRL viattech Q&S and its customers, unless expressly waived and accepted in writing by SPRL viattech Q&S. By the mere fact of placing an order, the customer adheres to the present general sales conditions, renouncing the general and special conditions mentioned in his own order forms, letters or commercial documents. In the present General Terms and Conditions of Sale, the term “intervener” refers to the consultant, expert, trainer or any other service provider contributing on behalf of SPRL viattech Q&S to the service mission at the Client’s premises.
Description of the services
The services of viattech Q&S bvba have the following purpose:
The organisation of training courses in which the client can participate with other clients, called “open training courses”;
The realisation of training projects in various forms (face-to-face training, conferences, coaching, development paths, digital learning solutions, e-learning, etc.);
The organisation of training courses in which only the client’s employees can participate, called “intra-company training”;
The provision and support for the use of training management software.
SPRL viattech Q&S carries out its activity and provides its services without any subordination to the client. SPRL viattech Q&S can call upon independent parties, subcontractors and third party organisations for the provision of its services, of which the client acknowledges being informed and which he accepts.
Orders and registrations
Registrations for an open training course can be made electronically or in writing in accordance with the conditions published by viattech Q&S bvba. Upon registration, the client is definitively and irrevocably committed, independently of the payment of a deposit.
The other services are subject to a commercial and financial proposal established by SPRL viattech Q&S on the basis of the information provided by the client. This proposal determines its period of validity.
Prices and payments
The prices of SPRL viattech Q&S for Open Training courses include (unless otherwise agreed) but do not include VAT. The prices of viattech Q&S BVBA include the rental of teaching material and travel expenses. The applicable prices are those in force at the time of the signature of the Contract between SPRL viattech Q&S and the client. Unless otherwise stipulated, all invoices are payable in cash. Invoices are sent by e-mail or, at the client’s request, by post, at the exclusive risk of the client.
E-Learning e-learning prices are subject to vat only payments authorised on the site are allowed.
Cancellations and postponements
SPRL viattech Q&S will take all reasonable measures to ensure that the Training sessions take place on the dates set. The parties expressly agree that SPRL viattech Q&S has an obligation of means in this respect. In the event that the number of registered participants in an open Training is less than the minimum number required to open this Training or in the event of unforeseen or unavoidable circumstances, SPRL viattech Q&S reserves the right to cancel or postpone the Training. In this case, the Customer may cancel his participation or opt for participation in a subsequent Training of this cancelled Training. In the event of cancellation as a result of the above-mentioned situations, the invoices paid by the Client for this Training will be refunded upon request, without interest or other compensation.
Likewise, SPRL viattech Q&S will take all reasonable measures to ensure that the interventions on site at the Client’s premises or at any other place agreed with him, necessary for the proper performance of the other services, take place on the agreed dates. The parties expressly agree that SPRL viattech Q&S has an obligation of means in this respect. In case of unforeseen or unavoidable circumstances (e.g. total or partial stagnation of the transport equipment, illness, telecommunication problems, breakdowns, shortages due to suppliers of SPRL viattech Q&S), SPRL viattech Q&S may postpone the dates of the planned interventions, without any compensation.
The Client may cancel participation in an Open Training Course or the scheduled session of an Inter-company Training Course free of charge up to 30 calendar days before the start of the Training. In the event of cancellation between 29 and 14 days before the start of the Training, the Client shall pay 30% of the amount due. In the event of cancellation between 13 and 3 days before the start of the Training, the Client shall pay 70% of the amount of the service due. In the event of cancellation less than 3 days before the start of the Training, the Client shall pay 90% of the amount due. SPRL viattech Q&S BVBA offers the Client the possibility to replace a participant in an open Training Course without additional charge until the opening of the Training Course concerned. Any request for replacement must be sent in writing before the start of the Training.
In case of cancellation of participation in an Intra-company Training, the Client also pays all costs that have already been incurred by SPRL viattech Q&S for the preparation of the Intra-company Training (e.g. preparation time, costs for the reservation of classrooms) or for the reservation of transport or accommodation for the speaker(s).
If SPRL viattech Q&S and the Client agree on a new planning for the cancelled Intra-Company Training sessions, the cancellation compensation provided for in the previous paragraph shall be reduced by 50%. The Client remains liable for all costs already incurred by SPRL viattech Q&S for the cancelled session. The new date of the Intra-Company Training agreed between SPRL viattech Q&S and the Client must, in addition, be within 6 months of the date initially agreed. A postponement of the scheduled training days within the framework of an Intra-Company Training is only allowed once. In the case of a second postponement, the conditions relating to the cancellation of an Intra-company Training, as described above, apply.
For other services that require services on site, at the Client’s premises or at any other location agreed with the Client, the dates of the intervention are agreed with the Client. The agreed dates can be changed free of charge, at the request of the Client, up to 14 days before the agreed date. If the agreed intervention date is changed between 13 and 3 days before the agreed date, the Client shall pay compensation equal to 35% of the remuneration for the day(s). In the event of a change to the agreed date of intervention less than 3 days before the agreed date, the client shall pay compensation equal to 70% of the remuneration for the day(s). In any case, in the event of a change of the agreed intervention date(s), the client shall pay all costs already incurred by viattech Q&S BVBA for the reservation of transport or accommodation for the intervener(s).
The parties undertake mutually, both during the term of the contract and after its expiry, and for whatever reason, not to divulge confidential information and business secrets of the other party of which they may have been informed during the execution of the contract. Confidential information and business secrecy shall mean any information and data, on any medium whatsoever, of a confidential nature, including but not limited to reports, descriptions of procedures, accounting and financial information, costs, know-how, development projects, contracts, establishment projects, real estate projects, commercial type information and information procedures, computer programming, databases, standard documents, etc., which are brought to the knowledge of the other party in any way whatsoever in the context of the contract.
Unless viattech Q&S BVBA has given its prior written consent, the client will not communicate any information to third parties concerning the approach, method, case studies used, etc.
Without prejudice to the requirements imposed by law, the content and documentation of a Training Course may under no circumstances be reproduced, translated, modified or recorded, in whole or in part, in any manner or form whatsoever. The content and documentation of a Training Course may not be distributed or transmitted to the public, in whole or in part, in any manner and in any form whatsoever (for example, electronically or mechanically) without the prior written consent of SPRL viattech Q&S.
The Customer expressly authorises viattech to mention its name and logo free of charge as a commercial reference. Unless otherwise stipulated in writing by the Client to viattech Q&S SPRL by the Client before the start of his training, testimonials, films or photos that concern him, mention him or present him in the context of an open training, may be used for promotional purposes, regardless of the form and medium of such actions.
The data communicated by the Client will be included in the file of SPRL viattech Q&S. These data will be used for the purpose of organising information or promotional campaigns in relation to the training courses and services offered by SPRL viattech Q&S and/or within the framework of the contractual relationship between the Client and SPRL viattech Q&S. The Client’s data may also be transmitted to third parties by SPRL viattech Q&S (commercial partners, related companies) for direct marketing purposes, without any compensation for the Client. The Customer can always ask for the communication and correction of his data free of charge. If the Customer does not wish to receive commercial information from SPRL viattech Q&S or third parties, or if the Customer wishes to stop the use of his electronic contact details for promotion, information and other direct marketing purposes by SPRL viattech Q&S, the Customer must inform SPRL viattech Q&S.
The liability of SPRL viattech Q&S is limited to the direct damage caused to the Customer, indirect damage being defined in a non-limitative way as operating losses, loss of income or loss of customers, lost profits, damage to image, and more generally, commercial damage and immaterial damage to the Customer or third parties.
Furthermore, the liability of SPRL viattech Q&S is in any case limited to the amount of the invoice relating to the service for which SPRL viattech Q&S could be held liable.
SPRL viattech Q&S is also released from liability for any delay or damage resulting from insufficient information and/or documentation provided by the Customer and more generally in the event that the Customer does not comply with the obligations incumbent upon him in the context of his relationship with SPRL viattech Q&S.
The fact that SPRL viattech Q&S does not avail itself at a given moment of one (or more) of the clauses of the present contract shall not constitute a waiver of the right to avail itself of these same clauses at a later date.
If one of the provisions contained in these general terms and conditions is deemed invalid, this circumstance will not affect the validity of the whole of these general terms and conditions and the provision will be replaced by the valid provision that comes closest to the original provision.
These general terms and conditions are subject to Belgian law. In case of dispute, only the Justice of the Peace and the courts of the judicial district of the registered office of SPRL viattech Q&S are competent.