General conditions

Art 1. General terms and conditions

  • These General Terms and Conditions define the terms and conditions under which FORMAZ BV, further mentioned as Organization, performs its services with clients. In this context, they lay down the mutual obligations of the Organization and client.
  • In case of interpretation problems, the Dutch language general terms and conditions take precedence over translations.
  • Client accepts that only these general terms and conditions govern the agreement between the parties. Any purchase or other terms and conditions of the client are expressly rejected.
  • If one or more provisions of these general terms and conditions are at any time annulled in whole or in part, all the rest shall remain in full force and effect.
  • In the event of ambiguity regarding the interpretation of one or more provisions, or in the event of a situation not covered by these general terms and conditions, it should be judged in spirit.
  • If the Organization does not always require strict compliance with these terms and conditions, it 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.
  • Organization acts as data controller and in that sense does not need to enter into a processor 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.
  • View our privacy statement in detail on our website.

Art 3. Payment

  • Application for subsidies or other interventions such as the Flemish KMO-portefeuille or Chèques-formation (Wallonia) does not discharge the principal from timely payment. Applications for subsidies are always made on the client’s own initiative.
  • The client is not permitted to suspend payment or to offset it against any claim whatsoever. Nor may he stipulate a discount in this respect, 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.
  • Organization also reserves the right to temporarily suspend further services until all outstanding invoices are paid.
  • An administration fee of €35 per invoice or participant will be charged for: splitting of invoice across multiple companies, duplicate certificate or badge, creation of file VOV and registered reminder.

Art 4. Training organization

  • Organization makes a best-efforts commitment to perform its services with care and expertise.
  • Unless otherwise agreed in quotation, services are standard and not made specifically for the client. Organization is not responsible if services provided do not meet specific needs of client.
  • Each participant must comply with the general and safety instructions given before and during the service or training.
  • Participants must be medically fit to attend the training. Responsibility lies with the client, who relieves Organization of any control.
  • 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.
  • Organization reserves the right to modify service or training content or organization when circumstances demand it.
  • Organization may replace the trainer, without client claiming compensation.
  • In evaluations, certification or testing, Organization only establishes without any guarantee of success. Client submits to the independent assessment of the trainer.
  • Organization reserves the right not to issue certificate in case of outstanding invoice.
  • 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

  • Organization is not responsible for damages (both material and bodily) caused before, during or after the service unless there is intent or gross negligence by Organization. If liability is proven, it shall at all times be limited to the amount paid by Organization by its insurance. Should there be no coverage, liability is limited to the invoice amount excluding VAT. The client indemnifies the Organization against claims of third parties engaged.
  • Any damage -voluntary or involuntary- caused by a participant to machinery or equipment of the Organization 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.
  • Also, this does not entitle the client to dissolve the agreement or any damages.
  • Organization shall in no event be liable for indirect, consequential and / or consequential loss or damage, including loss of profits or income and intangible. The client shall indemnify Organization against all claims by third parties for compensation for damages and / or costs, on any account whatsoever.
  • 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.
  • All disputes concerning the concluded agreement are governed by Belgian law and only the courts of the judicial district of Kortrijk are competent to take cognizance thereof.

Art 6. Specific conditions in-company training

These specific conditions are in addition to the general conditions. They govern the conditions for group training and certifications 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.
  • Maximum number of participants as per agreement in quotation. Additional participants will be refused or billed.
  • Certifications are billed for the minimum number of certifications requested or transmitted. Additional certifications will be billed.
  • Stated prices cover service during normal business days and availability of the Organization.
  • For exceptional service outside normal business days, we charge a 50% surcharge on the total invoice amount. 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 expressly agreed otherwise, the client undertakes to pay the invoice within 8 days of receiving it and no later than 1 week before commencement of the services, by operation of law and without notice of default.
  • New business customers with a Belgian VAT number pay an advance invoice for planning the first order.
  • New business customers with a foreign VAT number pay the full invoice before scheduling the first order.
  • Upon receipt of payment, we will schedule the job.
  • In the case of certifications, a minimum of 4 certifications per session is always billed.

Schedule, move or cancel

  • Moves or cancellations are always made in writing.
  • If client has not set training date two months after confirmation of offer: advance invoice of 50% of total amount. If the total amount is less than € 500 per day, a minimum of € 500 per day will be charged.
  • 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.
  • Cancel without fixing training date: refund 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 suffered is higher, then the actual damage suffered will be claimed.
  • Cancel more than 14 days before start: reimbursement 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 suffered is higher, then the effectively suffered damage will be claimed.
  • Cancel less than 14 days before start: full invoice amount remains due.
  • Relocation or cancellation of training or exam with BeSaCC VCA or RTT certificate is not possible: 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.
  • Client is responsible for signing out rented equipment at the end of training. If client does not notify Organization, rental will continue to run and billed to client.
  • In case of prevention, the client may substitute a participant in writing before the start of the training.

Training organization

  • When the training takes place in the client’s location, the client ensures its feasibility and safety.
  • 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.
  • Client is responsible for timely and correct transmission of practical info and participants through the client portal. Organization is not responsible when incorrect execution is caused by the lack of information from the client. Delivery of certificates is not possible without pre-supplied participant information.
  • Changes of participant data for Besacc VCA or RTT courses are possible up to a maximum of 72 hours before start. Customer provides information through the customer portal and notifies the organization additionally by e-mail. Changes afterwards are not possible.
  • Additional sessions will always be scheduled in consultation with the Organization. The client is strictly prohibited from approaching employees or hired third parties of the Organization for follow-up assignments or recruitment. Any violation thereof shall automatically give rise to liquidated damages of € 10,000 per violation.

Art 7. Specific conditions of individual enrollment

These specific terms and conditions are in addition to the general terms and conditions. They govern the terms and conditions for Organization and Partner open training courses as listed with dates on the website.

  • 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.
  • A started training course will be invoiced in full in case of absence or cancellation by the client for any reason. Credit and refund is not possible.
  • 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.
  • 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 to you free of charge. If you again fail to pay within the stipulated payment period as stated on the first reminder, you will be charged interest on arrears as stipulated by the Law of August 2, 2002 on combating late payment in commercial transactions as well as a fixed compensation as follows: €20 if the balance owed is less than or equal to €150; €30 plus 10% of the amount owed on the bracket between €150.01 and €500 if the balance owed is between €150.01 and €500; €65 plus 5% of the amount owed on the bracket above €500 with a maximum of €2,000 if the balance owed is above €500. The reminder fee for each additional reminder is € 7.50 plus the postage costs applicable at the time of sending.

Art 8. Specific conditions license “Train the Trainer”

These specific conditions are in addition 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 billed monthly and renewed automatically. Cancellation may be made in writing up to 3 months prior to the end of the agreement. Additional certifications above tier will be billed at the end of the year at the current price per item.
  • License as Trainer is valid indefinitely subject to annual audit and refresher training of 2 half days. Personal certificates of the trainer must be renewed by Organization after 5 years.
  • Train the trainer training is specific to established machines. If the customer or trainer wants to certify new machines, additional training is required.
  • Organization is responsible for proper delivery of certificates. The trainer himself is responsible for objective evaluation of the participant.
  • Additions or personalization of course materials is possible at € 175 per hour.
  • Organization retains copyright in all course materials. Client and trainer are not allowed to develop their own versions based on course materials.