Training Conditions Smans Academy
SMANS NV Training Conditions
1.These conditions regulate the relationship between the parties with regard to the training that SMANS NV provides and the consequences thereof. Together with the general conditions of SMANS NV they are inextricably associated with the training agreement, with the exclusion of any other documents, texts or conditions.
2.The service provided by SMANS NV consists of organising training, workshops, courses, coaching, training formulas, support programmes, courses of development, elearning, online training and other forms of training, and the logistical and organisational support of training for the customer. These ervices are together referred to below as ‘(the) Training’.
3.Unless agreed otherwise, the customer accepts that the training comprises standard products that have not been specifically created for the customer’s requirements. Consequently, the customer accepts that SMANS NV offers no guarantee and accepts no responsibility with respect to the Training meeting the specific requirements of the customer. SMANS NV will take all reasonable measures to provide the customer with as complete and correct as possible information, but without any guarantee in this regard.
4.Procedure
• 4.1 Registration – Each registration for training by the customer must be electronic or in writing. Registration by telephone is not accepted. The agreement between SMANS NV and the customer only originates after written or electronic confirmation of registration of the customer from SMANS NV. Following this confirmation SMANS NV will send an invoice.
• 4.2 Means of payment – Unless stipulated otherwise, all invoices are payable in cash to our registered office. SMANS NV always reserves the right to apply the principle of pre-invoicing for all forms of training at the price applicable at the time.
• 4.3 Duration & Cancellation – The customer may cancel free of charge up to five weeks before the start of the training. In the event of cancellation between five and two weeks before the start of the training, the customer pays 50% of the amount specified in the contract. In the event of cancellation less than two weeks before the start of the training, the full amount specified in the contract is payable. In the event of cancellation less than five weeks before the start of the training, the customer also pays all costs already incurred by SMANS NV for the preparation of the training (e.g. trainer preparation time, the reservation of classrooms, etc.). The customer can move the planned training days free of charge up to five weeks before the start of the planned training days. If the planned training days are moved between five and two weeks before the start of the planned training days, on top of the agreed training day payment the customer pays an additional sum equal to 25% of the training day payment. If the customer moves the planned training days less than two weeks before the start of the planned training days, on top of the agreed training day payment the customer pays an additional sum equal to 50% of the training day payment. If the planned training days are moved less than five weeks before the start of the planned training days, the customer also pays all costs already incurred by SMANS NV for the reservation of classrooms for this training. Moreover, the new date of the training agreed between SMANS NV and the customer must fall within six months of the originally agreed date. The planned training days may be moved once. With a second move the conditions for the cancellation of training as described above apply.
5.Commercial documents and quotations from SMANS NV create no obligations on the part of SMANS NV.
6.All prices quoted by SMANS NV are excluding VAT (unless specified otherwise). The applicable prices are those that apply at the time of the origination of the agreement between SMANS NV and the customer.
7.SMANS NV has the right to compensate debts owed by the customer with any amounts receivable from the customer payable to SMANS NV.
8.SMANS NV will take all reasonable measures in order to have the training ordered take place. In unexpected or unavoidable circumstances (e.g. because law changes have occurred concerning recent developments, sickness, telecommunication problems, business disruption, failures on the parts of suppliers and lecturers from SMANS NV) SMANS NV can cancel the training or change the subject matter, date/dates or the location. In these cases the customer can cancel the training or opt to take part in a next session of this cancelled or changed training. In the event of cancellation due to the abovementioned situations, any invoices paid by the customer will be refunded on request without interest or other payments. SMANS NV has the right to change the trainer(s) if SMANS NV believes that this is required to ensure the provision and quality of the training.
9.Subject to the explicit obligations concluded by SMANS NV in compliance with the agreement, the liability of SMANS NV is limited to the liability imposed by law. SMANS NV cannot be held liable for indirect damage such as loss of turnover, loss of profit or any increase in general expenses. SMANS NV can also not be held liable for any damage resulting from non-compliance with this agreement by the customer, nor can SMANS NV be held liable for shortcomings that are directly or indirectly caused by an act by the customer or a third party, irrespective of if these are caused by a fault or negligence. Should liability on the part of SMANS NV be claimed, SMANS NV is only bound to replace the Training. If this is not possible, the cost will be refunded.
10.Subject to legal exceptions, the subject matter and documentation from the training may not, wholly or partly, be duplicated, translated, changed or saved in any form or in any way, nor may the subject matter and the documentation from the training be wholly or partly communicated or passed on to the public in any form or in any way (such as but not limited to electronic and mechanical means) without prior and written permission from the entitled party or SMANS NV.
11.Without prior permission from SMANS NV, the customer will not communicate anything about the approach, procedure, case studies used, etc. to third parties.
12.The data provided by the customer are included in the SMANS NV file. These data will be used for the purposes of carrying out information or promotional campaigns in connection with the training offered and/or promotional campaigns effected by SMANS NV within the context of the contractual relationship between the customer and SMANS NV. The customer’s contact details can, subject to explicit permission from the customer, also be communicated by SMANS NV to third parties (business partners and subsidiaries) for direct marketing purposes. The details will not be used or passed on for these purposes without explicit permission.
13.Within the context of the contractual relationship between the customer and SMANS NV, the customer’s details will only be processed by SMANS NV and by its appointee processors with whom the necessary contractual arrangements have been made. SMANS NV will not save the details outside the European Economic Area without the customer being informed of aspects such an appropriate guarantee relating to forwarding the details, and if required the permission of the customer has been obtained for this. The following personal data will be able to be shared by SMANS NV (in the form of a participant list) with the trainer and other participants in the specific training for which the customer has registered: surname, forename, position and company name. In addition, SMANS NV may create visual material during certain training, that can then be used in the communication channels of SMANS NV. If the customer does not wish to be included in the list of participants or not appear in visual material, he must specify this on registration.
14.SMANS NV will take all reasonable technical and organisational measures for the protection and security of the data against incidental or unlawful destruction, against accidental loss, as well as against the changing of access to the data, and any other not permitted processing of personal data, taking account of the best available techniques.
Data that are no longer required or useful will be deleted.
15.The customer can always request to view, correct, delete or transfer the data, and object to the use of the data for direct marketing. This request is free of charge, with the exception of if within a period of six months a request or request for additional copies was already submitted by the party concerned, in which case SMANS NV has the right to charge a reasonable payment based on administrative costs that are the consequence of the new request. More specific information can be found in the Privacy Policy of SMANS NV that can be viewed on the website and at the Data Protection Authority, to whom the customer always has the right to submit a complaint.
16.Any invalidity of one of the provisions of the Agreement will by no means affect the validity of the other clauses despite the invalidity of the disputed clause. The parties will make every effort in mutual consent to replace the invalid clause by a valid clause with the same or largely the same economic impact as the invalid clause.
17.Not claiming a right or no sanction being applied by SMANS NV by no means constitutes waiving such a right.
18.This agreement is governed by Belgian Law. Any dispute will be heard by the Arbitration Tribunal appointed by the Institute for Arbitration (www.euro-arbitration.org) according to the SDR regulations for arbitration (Standard Dispute Rules). This provision replaces all conflicting legal clauses.
