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Terms of sale

Legal
Legal

1. General

These general terms and conditions of sale apply to all expressly and mutually accepted agreements between a client and The House of Coaching VOF, Mosseveldstraat 34b, 9290 Overmere, Belgium.

The parties expressly acknowledge that documents exchanged between them via the web, email or fax have the same authenticity value as original documents.

2. Validity of terms of sale and quotes

These terms of sale are provided to every potential client with a quote. By placing an order, the client accepts these General Terms of Sale.

Differing conditions, including the client's own terms, are only valid if expressly accepted by The House of Coaching. Even in that case, the provisions of the General Terms and Conditions of The House of Coaching remain fully in force.

The prices quoted by The House of Coaching always exclude VAT and, unless specifically stated otherwise, are valid for thirty calendar days.

The sale is only concluded after express acceptance of the assignment by The House of Coaching.

3. Best efforts obligation

Every assignment that The House of Coaching commits to is always a strict best efforts obligation. The client is responsible for providing all important information on time and, if necessary, making staff and/or suitable infrastructure available.

The House of Coaching cannot be held liable for failing to take into account certain information that was not expressly communicated to us, nor for whether or not the client achieves certain business results.

4. Staff

Neither of the parties involved may employ staff of the other party or negotiate employment with this staff during the execution of the assignment and within one year after the end of the assignment, except in consultation with the other party. A breach of this will result in compensation equal to the total value of assignments between the parties during the last 12 months since the final assignment.

5. Payment terms and right of retention

All invoices from The House of Coaching are payable in cash by bank transfer, unless otherwise agreed in writing. Late payment gives The House of Coaching the right to suspend further deliveries or services, without the client being able to claim any compensation for this. Until payment is made, the services or goods remain the property of The House of Coaching, and we may retain or reclaim them.

Non-payment on the due date of an invoice makes the outstanding balance of all other invoices, even those not yet due, immediately payable. From the due date, interest equal to the statutory interest rate increased by two per cent can be claimed by law and without notice of default for every unpaid invoice. Additional compensation of 10% with a minimum of 100 euros may be requested in the event of judicial collection.

6. Premature termination of the assignment

In the event of force majeure, or the occurrence of an event that could not reasonably be foreseen, the parties may terminate an assignment prematurely. This must be communicated to the other party immediately in writing with reasons and proof of the situation relied upon. Such situations relieve the parties of all liability.

The House of Coaching reserves the right to consider the agreement dissolved by law and without prior notice of default in the event of bankruptcy, suspension of payment, apparent insolvency, as well as any unannounced change in the legal status of the client, without the client being entitled to any compensation.

If a training course is cancelled or rescheduled by the client less than 10 days before the planned date, the client will pay a cancellation fee of 100% of the investment price minus travel and material costs.

If the client postpones or prematurely terminates the assignment for reasons other than those mentioned above, The House of Coaching is entitled to compensation corresponding to at least 10% of the planned invoice amount with a minimum of 100 euros.

In any case of premature termination, The House of Coaching always retains the right to payment of the invoices for work carried out up to that point.

7. Planning and delivery

Time indications are provided for information purposes only. The House of Coaching cannot be held liable for any exceeding of such deadlines, unless this was expressly agreed.

The House of Coaching is not liable for any damage that delivered services or products may incur once they have been delivered or dispatched by The House of Coaching. The House of Coaching is not obliged to keep any copy of these products and/or services.

The House of Coaching is not liable for the client's own interpretation or processing of services or products.

8. Intellectual property and confidentiality

All copyrights or other intellectual property rights attached to any document or product developed by The House of Coaching and/or by an author or expert affiliated with The House of Coaching remain the exclusive property of The House of Coaching and/or the respective original author(s).

All content, texts, concepts, methodologies and proposals included in our official documents such as quotes are protected by copyright and remain the exclusive property of The House of Coaching. Use, reproduction, distribution or adoption of any part of this quote, in whole or in part, is only permitted with the prior written consent of The House of Coaching. Unauthorised use will be considered a copyright infringement and may lead to legal action and compensation."

The client receives the full right of use of all documents and products handed over during the training course, but may never, without the express written approval of The House of Coaching, allow them to be used by third parties in any way, nor reproduce, copy or distribute them in any other form.

The House of Coaching is obliged to keep all information and data of the client confidential from third parties. Within the framework of the assignment, The House of Coaching will take all possible precautions to protect the client's interests.

9. Subsidies

When the participant relies on subsidy measures and receives or uses the subsidy funds for the partial or full payment of an assignment, the client assumes exclusive responsibility regarding the accuracy of the information provided to the subsidy provider.

In the event that irregularities arise on the part of the participant and The House of Coaching therefore does not receive its invoice balance in full or has to repay the subsidy to the subsidy provider, The House of Coaching has the right to immediately reclaim the subsidised amount in its entirety from the client, increased by 25% compensation.

10. Approval and conclusion of agreements

A quote from The House of Coaching is valid for 30 calendar days from the date of dispatch, unless stated otherwise.

The agreement between the client and The House of Coaching is concluded the moment the client confirms the quote in writing or by email.

By confirming the quote, the client expressly acknowledges agreeing to the general terms and conditions of The House of Coaching, and a binding agreement is created.

Verbal commitments or changes are only valid if they have been confirmed in writing by The House of Coaching.

11. Complaints

Every complaint must be addressed in writing to The House of Coaching at the above address.

If the client uses a part of the delivered services or products in any way, this is considered acceptance of the entire delivery. Defects in a part of the delivered services or products do not give the right to reject the entire delivery.

The House of Coaching is never liable for indirect damage on the part of the client.

12. Dispute resolution

Belgian law applies to this agreement. In the event of a dispute, The House of Coaching will always do everything possible to reach a settlement. If this fails, only the courts of Dendermonde have jurisdiction.

13. Other

The failure by The House of Coaching to apply one or more provisions of these current general terms and conditions cannot be interpreted by the client as a waiver of these general terms and conditions. The invalidation of one or more provisions of these current general terms and conditions does not mean that the other conditions cannot apply.

These General Terms and Conditions are effective from 11 November 2023 and replace all previous provisions.

The House of Coaching reserves the right to amend these provisions at any time.

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