General conditions

Art 1. General terms and conditions

  • These Terms and Conditions set forth the terms and conditions under which KICK-IT BV (BE0647773621), PRAXIS TRAINING VZW (0649522193), and FORMAZ BV (BE0882547669), hereinafter collectively referred to as the “Organization,” provide its services to the customer or client, hereinafter referred to as the “Client.”
  • These terms and conditions govern the contractual relationship and the mutual rights and obligations between the Organization and the Client.
  • These general terms and conditions apply exclusively to business-to-business agreements. Registrations by private individuals will only be accepted if expressly confirmed in writing by the Organization; in such cases, the specific terms and conditions set forth in Article 8 shall apply.
  • In case of interpretation problems, the Dutch language general terms and conditions take precedence over translations.
  • The Client acknowledges that this Agreement is governed exclusively by these General Terms and Conditions. Any purchasing terms or other conditions of the Client are expressly rejected.
  • If one or more provisions of these terms and conditions are held to be invalid, in whole or in part, at any time, the remaining provisions shall remain in full force and effect.
  • If there is any uncertainty regarding the interpretation of one or more provisions, or if a situation arises that is not covered by these terms and conditions, it shall be interpreted in accordance with their spirit.
  • If the Organization does not consistently require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the Organization loses the right to require strict compliance with the provisions in other cases.

Art 2. Privacy Statement

  • Organization attaches great importance to your personal data. In our privacy statement, we provide clear information about how we handle your personal data.
  • The organization acts as the data controller and, as such, is not required to enter into a data processing agreement with the Client.
  • Your information is used strictly to provide our services. They are not used for other purposes such as email marketing or advertising.
  • We do not provide your information to third parties unless necessary for the performance of our services.
  • We never transfer personal data to parties with whom we do not have a processor agreement.
  • Read the full privacy policy on our website.

Art 3. Payment

  • Invoices to Belgian companies are sent via Peppol by default.
  • Applying for grants or other forms of financial assistance, such as the SME Portfolio (Flanders) or Chèques-formation (Wallonia), does not exempt the Client from the obligation to pay on time. Applications for grants are always made at the Client’s own initiative.
  • The Client may not withhold payment or set it off 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 Organization until paid for in full.
  • In the event of non-payment, the outstanding debt will be recovered by operation of law. As of the due date, a default interest of 12% as well as liquidated damages, excluding legal collection costs, of 10% on the invoice amount, with a minimum of €125 per invoice, will be charged.
  • The organization also reserves the right to temporarily suspend further services until all outstanding invoices have been paid.
  • An administrative fee of €50 per invoice applies for additional customer administration tasks, such as splitting an invoice across multiple companies, changing the billing address to another company, using the customer’s procurement portal or software, or sending a registered reminder.
  • Administrative fee of €50 per participant for: a duplicate BeSaCC diploma or badge, and preparation of the VOV file.
  • If an extended payment term was agreed upon in advance, an administrative fee of +3% applies for >(30 days), +6% for >(60 days), and +9% for >(90 days) of the invoice amount.

Section 4. Organization of the training

  • Organization makes a best-efforts commitment to perform its services with care and expertise.
  • Unless otherwise agreed in the quotation, the services are standard and not tailored specifically to the client. The Organization is not liable if the services provided do not meet the Client’s specific needs.
  • Each participant must comply with the general and safety instructions given before and during the service or training.
  • Participants must be medically fit to take part in the training. Responsibility lies with the Client, who releases the Organization from any liability.
  • Organization reserves the right to refuse or remove persons from a training course in case of communication problems, safety concerns or nuisance, without cancellation of 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 a test without language assistance.
  • The organization reserves the right to modify the content or structure of the services or training if circumstances so require.
  • The Organization may replace the trainer without the Client being entitled to compensation.
  • In evaluations, certification or testing, Organization only establishes without any guarantee of success. Client submits to the independent assessment of the trainer.
  • The organization reserves the right not to issue a certificate if there are any outstanding invoices.
  • Organization retains exclusive intellectual property rights in all presentations and didactic materials. Client agrees not to reproduce, translate, adapt or distribute any content in any way, in whole or in part, without the prior written permission of Organization. Without prejudice to Organization’s right to prove higher damages, any infringement thereof shall automatically give rise to liquidated damages of €10,000 per infringement.

Art 5. Liability and force majeure

  • The Organization is not liable for any damage (whether property damage or bodily injury) caused before, during, or after the provision of services, unless such damage results from the Organization’s willful misconduct or gross negligence. If liability is established, it is at all times limited to the amount paid out to the Organization by its insurance. If there is no coverage, liability is limited to the invoice amount excluding VAT. The Client indemnifies the Organization against claims from third parties engaged by the Client.
  • Any damage—whether intentional or unintentional—caused by participants to the Organization’s machinery or equipment will be billed to the Client.
  • In case of force majeure such as traffic jam, strike, traffic accident, illness or inaccessibility of the trainer, any shortcomings of the Organization cannot be imputed.
  • Furthermore, this does not entitle the Client to terminate the agreement or claim any damages.
  • Under no circumstances shall the Organization be liable for indirect, consequential, and/or business losses, including loss of profits or income and non-pecuniary damages. The Client shall indemnify the Organization against all claims by third parties for compensation for damages and/or costs, on whatever grounds.
  • Complaints must be submitted in writing within 8 days of the invoice date. Failure to file a timely written complaint is considered acceptance of the invoice. An objection to an invoice cannot be inferred from a technical status in the accounting software.
  • All disputes arising from this agreement shall be governed by Belgian law, and the courts of the judicial district of Kortrijk shall have exclusive jurisdiction to hear such disputes.

Section 6. Specific Terms and Conditions for In-House Training

This addendum sets forth the terms and conditions for group training sessions and certifications conducted at the Client’s premises or at one of the Organization’s locations.

Quote

  • All quotations are always valid for the stated period of validity.
  • A composite quotation does not oblige the Organization to perform part of the assignment at a corresponding part of the quoted price.
  • Offers or proposals do not automatically apply to future orders.
  • The Organization cannot be held to its proposal or offers if they contain an obvious error.
  • All prices stated are in euros exclusive of VAT and other government levies, any costs to be incurred in connection with the agreement, including travel and accommodation, shipping and handling costs, unless otherwise indicated.
  • The maximum number of participants is as specified in the quote. Additional participants will be refused or billed.
  • For certifications, a minimum of 4 certifications per session will be billed. All certifications requested or submitted will be billed. Additional certifications will also be billed.
  • Stated prices cover service during normal business days and availability of the Organization.
  • For exceptional 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.
  • An extension of the assignment is possible subject to additional costs and only after written or verbal confirmation from the Client.

Payment

  • Unless expressly 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 notice of default.
  • New business customers with a Belgian VAT number must pay an advance invoice for the scheduling of the first job.
  • New business customers with a foreign VAT number must pay the full invoice amount before we can schedule their first order. Once we receive payment, we will schedule the order.

Schedule, move or cancel

  • Moves or cancellations are always made in writing.
  • If the Client has not yet scheduled a training date two months after the quote was confirmed: an advance invoice for 50% of the total amount will be issued. If the total amount is less than €500 per day, a minimum of €500 per day will be charged. The advance payment will be deducted from the final invoice.
  • Move more than 14 days before start: one time free if written notification.
  • Move less than 14 days before start: possible once with administrative cost of € 250 per scheduled trainer and per day on top of existing invoice. New date to be scheduled within 3 months.
  • Cancellation without scheduling a training date, or cancellation more than 14 days before the start date: a fee 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 damages incurred are higher, the actual damages incurred will be claimed.
  • Cancel less than 14 days before start: full invoice amount remains due.
  • It is not possible to reschedule or cancel a training course or exam for the BeSaCC VCA or RTT certificate: the full invoice amount remains due.
  • If training is not started or stopped by the client on the day of performance: full invoice amount remains due.
  • In case of relocation or cancellation: charges for rental location or machinery remain due.
  • The Client is responsible for returning rented equipment at the end of the training session. If the Client fails to notify the Organization, the rental period will continue and the Client will be billed accordingly.
  • If a participant is unable to attend, the Client may replace them in writing before the training begins.

Practical arrangements

  • If the training takes place at the Client’s location, the Client is responsible for ensuring that it can be carried out safely.
  • An unsafe environment, insufficient practice space or improperly operating machinery, can lead to non-startup or partial performance.
  • This cannot be grounds for non-payment of both the original and any additional scheduled assignment.
  • During the training, participants must be fully available to attend theory and practical exercises. Combining the training with works to be performed is not allowed.
  • The Client is responsible for providing practical information and participant details in a timely and accurate manner via the client portal. The Organization is not liable if any errors in execution are caused by a lack of information from the Client. Certificates cannot be issued without participant details provided in advance.
  • Changes to participant information for BeSaCC VCA or RTT training courses can be made up to 72 hours before the start of the course. The client must submit the information via the client portal and additionally notify the Organization by email. Changes cannot be made after this time.
  • Any additional sessions will always be scheduled in consultation with the Organization. The Client is strictly prohibited from approaching employees or third parties engaged by the Organization for the purpose of securing follow-up assignments or poaching them. Any breach during the performance of the contract and for 12 months thereafter shall automatically give rise to a fixed compensation of €10,000 per breach.

Section 7. Specific Terms and Conditions for Registrations in the Open Calendar

  • This addendum sets forth the terms and conditions for open training sessions offered by the Organization and its partners, as listed on the website along with the dates.
  • All prices listed on website or other channels are indicative and not binding. The Organization always reserves the right to change prices.
  • Registrations from new corporate customers are processed upon receipt of a receipt or official order form.
  • If a training session has already begun, the Client will be billed in full in the event of absence or cancellation, for any reason whatsoever. Credits and refunds are not available.
  • Cancellation for an unstarted course is free of charge up to 30 days prior to start. After this period, the full fee remains due.
  • Any cancellation must always be in writing.
  • Organization reserves the right to cancel or reschedule a training course. In case of cancellation by the Organization, the registration fee already paid will be fully refunded.

Section 8. Specific Terms and Conditions for Individual Participants (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 an initial reminder at no charge.
  • If you fail to pay again, after a grace period of 14 calendar days, you will be charged late payment interest at the statutory rate, as well as a lump-sum compensation in accordance with Article XIX.4 of the Economic Law Code, as follows:
  • €20 if the outstanding balance is less than or equal to €150; €30 plus 10% of the amount due on the bracket between €150.01 and €500 if the balance due is between €150.01 and €500; €65 plus 5% of the amount due in the bracket above €500, with a maximum of €2,000, if the balance due is higher than €500.
  • The reminder fee for each additional reminder is €7.50, plus the postage costs in effect at the time of mailing.
  • Notwithstanding the general provisions, the following applies with respect to consumers: (i) for complaints and defects, the statutory time limits apply instead of the 8-day period specified in Article 5; (ii) the lump-sum compensation under 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 pursuant to Article 624 of the Dutch Civil Code applies.