- APPLICATION AND INTERPRETATION
These general terms and conditions alone govern all contractual relations between BrightBiz incorporated under the company number 0873.140.451 and located at Lindeveldstraat, 10 in 1930 NOSSEGEM, Belgium (hereafter referred to as “BrightBiz”) and the client.The general and special conditions of the customer are not enforceable with respect to BrightBiz. Any agreement between the parties shall automatically mean acceptance of these general terms and conditions. Only the special conditions specified in the contract or agreed in writing between the parties may depart from them.Depending on the context and except in the event of a stipulation to the contrary, (i) the term “Client” shall be construed as also any attendee (as a person or representing a company), a prospect, customer, attendee, delegate, purchaser, or any party entering into an agreement with BrightBiz; (ii) the term “Contract” as also any offer, proposal, order form, delivery, service, contract or any agreement between the parties; (iii) the term “Services” also as any training course, coaching, workshops, speaker/presentor services, or any consultancy services marketed by BrightBiz.
The customer (the attendee) shall:
- Be entitled to use BrightBiz Materials (proposal, training course, powerpoints, or any other BrightBiz material) solely for its personal and internal business purposes and not for the purposes of any third party;
- Not copy BrightBiz Materials without the prior written consent of BrightBiz and then only be permitted to use the same for the purposes referred to in clause (1) above; and
- Not remove, suppress or modify in any way any proprietary marking, including any trade mark or copyright notice, on or in BrightBiz Materials and the customer further agrees to incorporate any such proprietary markings in any copies it is authorised to make.
Each party shall, in respect of the Confidential Information for which it is the recipient:
- Keep the Confidential Information strictly confidential and not disclose any part of such Confidential Information to any person except as permitted by or as required for the performance of the recipient’s obligations under this Agreement;
- Take all reasonable steps to prevent unauthorised access to the Confidential Information;
- Not use the Confidential Information other than for the purposes set out in this Agreement;
- The parties may disclose the Confidential Information to, and allow its use in accordance with this Agreement by employees, officers and in the case of BrightBiz its sub-contractors used to provide the Training Services provided that each party shall procure that such third parties comply with the provisions of clause (3) above;
- The restrictions in clause (3) do not apply to any information to the extent that it:
- Is or comes within the public domain other than through a breach of clause 1.9; or Is in the recipient’s possession (with full right to disclose) before receiving it from the other party; or Is lawfully received from
- a third party (with full right to disclose); or
- Is independently developed by the recipient without access to or use of the Confidential Information.
Prices are valid for a maximum period of 30 days from the date of the offer, unless otherwise explicitly agreed. A VAT of 21% is applicable on all prices proposed.
Any specification or data contained in BrightBiz’s service information, proposal, brochure, web site or any other documents are given for information only. Service specification and prices can be modified at any time without prior notice.
Bookings for BrightBiz’s services can only be considered if they are in writing, either by email, letter, fax or via our website booking form. Each order is accepted on and subject to these terms and conditions by written confirmation of BrightBiz excluding conflicting terms and conditions of the Customer.
- PAYMENT TERMS/INVOICES
Payment for a course is due immediately on booking of the service. The payment of the invoice shall take place within 7 days after reception of the invoice. In the event that payment is not received 30 days prior to the course commencement, BrightBiz reserves the right to cancel or re-schedule the service booking.
If the invoice is not paid on time, the value of the due amount will be increased by 15%. In addition to that 10% annual interest rate will be calculated as from the date of the payment due date (on the total amount including the 15% increase).
Complains about invoices can be made within 8 days following the reception of the invoice. After this period, no complain will be accepted or be valid.
- RESCHEDULING OR CANCELLATION BY THE CUSTOMER
All BrightBiz services are not refundable.
A training course or any other service may be re-scheduled 30 days or more days prior to course commencement – and administration charge may apply. All course re-scheduling must be received in writing to BrightBiz within the specified timeframe. The training course must be re-scheduled within the next 12 following months.
It is not be possible to re-schedule with 30 days or less notice.
If the course is running at a specific site or location requested or agreed with the customer, then any additional costs incurred due to re-scheduling will be charged in full regardless of the number of day’s notice prior to course date.
Instead of re-scheduling a course, the customer may exchange a delegate without additional costs as long as the exchanged delegate meets the pre-requisites published for the course.
In the highly unlikely event that delegates do not pass the examination, optional re-takes are available but may be charged.
- CANCELLATION BY BRIGHTBIZ
BrightBiz will only cancel a course under exceptional conditions due to factors outside of our control (illness, travel cancellations, etc) and will endeavour to give the customer as much notice as possible. Liability will be limited to the invoice value of the course or the offer of a rescheduled date.
- DELEGATE/ATTENDEE PREPARATION
Delegates should be properly prepared for the course and should understand the course pre-requisites.
- DELEGATE/ATTENDEE BEHAVIOUS
Delegates/attendees are required to act in a reasonable manner throughout the course. BrightBiz reserve the right to remove a delegate from a course where, in the opinion of the presenter, the delegate is behaving unreasonably. Should the incident cause financial loss to BrightBiz, we reserve the right to claim such losses against the delegates company.
It is prohibited for the delegate to copy or distribute any course material. In so far as the customer is responsible for the delegate, the customer will be liable for any breach of this prohibition or other services under the relevant contract.
- LIMITATION OF LIABILITY
If any liability is implied for whatever reason, BrightBiz’s liability shall be strictly limited to direct, typical and foreseeable damages suffered by the customer (excluding, among others, any indirect, incidental, special, consequential or punitive damages, loss of data, of earnings, of profits, of goodwill, of savings, of reputation or of clientele, increase of costs and expenses or any indirect damage and loss) that are the exclusive and direct consequences of a gross and willful misconduct of BrightBiz : any compensation due by BrightBiz shall ever exceed 10% of the value of the contract.
The customer authorizes BrightBiz to publish in its brochures or any other advertising or electronic support including or not photography or video, the name of the customer as a customer reference, the list of services the customer ordered, the screenshots, the session addresses, without owing anything to the customer and without any prior authorization.
- APPLICABLE LAW AND COMPETENT JURISDICTION
This contract shall be governed by and constructed in all respects in accordance with the laws of Belgium.
The Parties hereby undertake to apply the CEPANI Rules of Mediation (http://www.cepani.be/EN/) to all disputes arising out of or in relation with this Agreement. The seat of the mediation shall be Brussels.
Should the mediation fail, the dispute shall be settled by the Courts of Brussels.