Terms & Conditions
Definitions
- “Sustainable Effect”: Sustainable Effect BV, having its registered office at Vliegpleinkouter 63 – 9030 Gent, registered in the Crossroads Bank for Enterprises under number 1011.757.807 (RPR Antwerp).
- “Client”: the party entering into an Agreement with Sustainable Effect for the provision of the Services.
- “Client Personnel”: the Client’s personnel, whether or not employees, designated by the Client to receive the Services.
- “Services”: one or more Sustainable Effect programmes or corporate training courses ordered by the Client.
- “Agreement”: any agreement established between Sustainable Effect and the Client (“Parties” or each separately “Party”) by an order for Services on the Website.
- “Website”: the website accessible via www.sustainable-effect.be and its sub-sites, as operated by Sustainable Effect.
- “Terms and Conditions” means these Terms and Conditions of Sustainable Effect, including any subsequent amendments. If there is an Agreement, the Terms and Conditions are an integral part of the Agreement.
Application
- These Terms and Conditions include all rights and obligations relating to the information and Services provided by Sustainable Effect through the Website, without prejudice to legal rights and obligations that cannot be deviated from and without prejudice to any terms and conditions of third parties accepted by the Client following the Services.
- The Terms and Conditions take precedence:
– to any conflicting provisions or agreements between the Parties or with third parties, unless Sustainable Effect has expressly accepted a deviation from these Terms and Conditions;
– on the terms and conditions of the Client. - If one of the provisions in these Terms and Conditions and/or in the rest of the Agreement is void, invalid or otherwise unenforceable, this shall not result in the nullity, invalidity or unenforceability of the remaining provisions. he parties shall then negotiate in good faith to replace the void, invalid or unenforceable provision with a new provision that approximates as closely as possible the original intent of the provision to be replaced.
Use of the website
- The information on the Website, including but not limited to tips, opinions and images, are for general information purposes only and may be changed by Sustainable Effect from time to time. This information is not intended to be and should not be considered to be individual health or other individual advice.
- The Website may contain links and references to external websites or third-party resources. Sustainable Effect is not responsible for the content of these external websites or third-party resources.
- Sustainable Effect has the right to reserve access to parts of the Website exclusively for Clients or Client Personnel. Where applicable, Clients or Client Personnel must comply with Sustainable Effect’s access instructions. Failure to comply with these access instructions may result in access being denied in whole or in part.
Services
- The Services are provided by Sustainable Effect ‘as is’. The nature of the Services does not allow Sustainable Effect to give any guarantee regarding the wellbeing, health or productivity of the Client Personnel during or after the provision of the Services, as other factors beyond Sustainable Effect’s control are also decisive in this regard.
- Sustainable Effect has the right to sub-contract the Services or parts thereof to third parties, in which case Sustainable Effect shall communicate the name and contact details of such third parties upon the Client’s request. Conversely, the Client shall not be entitled to transfer its rights and obligations under the Agreement to a third party without Sustainable Effect’s consent.
- The prices for the Services mentioned on the Website are always excluding VAT, unless otherwise stated, and are payable in accordance with the following modalities:
- The invoice is drawn up and must be paid in full by the Client before the provision of the Services.
- If the invoice has not been paid in full or in full before the commencement of the Services, Sustainable Effect may (i) deny Client Personnel access to all or part of the Services or (ii) otherwise suspend or cancel all or part of the Services.
- The invoice(s) must always be settled at the latest thirty (30) calendar days after the invoice date. If this term is exceeded, Sustainable Effect has the right to charge 15% default interest by operation of law and without notice of default.
- If additional invoices have to be drawn up for certain Services (e.g. for subcontractors), € 15 per additional invoice will be charged.
- Disputes regarding an invoice must be notified to Sustainable Effect by registered letter with reasons within eight (8) calendar days from the invoice date.
- The Client may only cancel or modify an order for Services free of charge before the commencement of the Services if requested in writing within seven (7) calendar days of the order.
- Sustainable Effect has the right to unilaterally make changes to the Services and prices in the following cases: (i) if the change is in the Client’s favour, (ii) in the event of a sudden increase in personnel or other costs incurred by Sustainable Effect in providing the Services, (iii) in the event of relevant changes in applicable legislation or its interpretation according to competent courts or authorities or (iv) in any other cases in which a change is reasonably required for Sustainable Effect’s business operations. Such changes shall not in themselves entitle the Client to compensation, suspension or termination of the Agreement, provided that Sustainable Effect has communicated such changes prior to the provision of the Services to which the changes relate.
- Sustainable Effect may consider the Agreement terminated without prior notice in the event of bankruptcy, manifest insolvency and/or in the event of any change in the Client’s initial legal situation that threatens to prejudice Sustainable Effect. Sustainable Effect shall not owe any compensation in such circumstances.
Data processing
- Sustainable Effect, as the data controller, processes the personal data it obtains through the Website, through the Client or through Client Personnel for the purpose of offering and providing its Services in accordance with applicable privacy legislation, including but not limited to the General Data Protection Regulation (Regulation EU 2016/679), and in accordance with its Privacy Policy.
- Sustainable Effect takes no responsibility for any processing of personal data by Client under its own responsibility.
- Parties shall treat all non-public information received from each other as confidential and shall not use it for any purpose other than that for which it was provided, except with the written consent of the providing Party. This obligation shall continue until five (5) years after the end of the Agreement, unless applicable legislation provides for a longer period.
Intellectual property
- All present and future intellectual property rights relating to the Website or the Services belong exclusively to Sustainable Effect or its licensor. These intellectual property rights are not transferred in any way to the Client.
- The Client shall respect the intellectual property rights of Sustainable Effect and its licensor and shall not engage in any activities that infringe or compromise such intellectual property rights.
Liability
- To the extent permitted by law, Sustainable Effect (including its appointees, representatives and/or employees) shall only be liable for the damage caused by its fraud, deceit or wilful or gross negligence and provided that Sustainable Effect has been put in default for this non-compliance within eight (8) calendar days after the Client discovered or reasonably should have discovered this fraud, deceit or wilful or gross negligence. In any case, Sustainable Effect’s liability shall be limited to a maximum of the invoice value of the Client’s order, at least to that part of the order to which the liability relates.
- To the extent permitted by law, Sustainable Effect shall never be liable for damage that is unforeseeable due to its nature or extent, including but not limited to consequential damage, lost profits, missed savings or damage to third parties. Only the Client or Client Personnel are responsible for their use of the Services.
Damage claims do not release the Client from his obligation to pay the price of the Services provided. Failure to do so will be considered as lack of timely payment.
Disputes
- Any dispute or claim arising out of or relating to these Terms and Conditions or an Agreement, or the subject matter or formation thereof (including non-contractual disputes or claims), shall be governed by Belgian law, without application of any choice of law or conflict of law rules or provisions (Belgian, foreign or international) that would result in the law of a jurisdiction other than Belgium being applicable.
- Any dispute or claim arising out of or in connection with these Terms and Conditions or any Agreement shall be subject to the exclusive jurisdiction of the courts of Antwerp, Antwerp Division (Belgium).