General conditions

Art. 1: Applicability

1.1 These General Terms and Conditions shall apply if NICO VAN DE VENNE CommV (further expressed as “CommV”) with company no. 0785.622.301, provides services to the customer, including – but not limited to – coaching, advice, guidance, education, courses or training, digital items and systems, whether online, in person, open registration or “in company”.

1.2. The customer declares (further expressed as “the CUSTOMER”) that he has taken note of these general terms and conditions in a language understandable to him and accepts them in their entirety without any reservations. The customer thereby fully waives the application of his general terms and conditions.

Art. 2: Registration for services

Registration is done by sending a form by post, e-mail, or CommV’s website.
By registering, the customer agrees to these general terms and conditions.

Art. 3: Confirmation

The CUSTOMER will confirm registration in writing by post or e-mail.
Only the agreement to perform work is accepted in writing.
CommV shall bind the CUSTOMER according to the particular terms and conditions agreed in writing and according to these general terms and conditions.

Art. 4: Price and Payment

4.1. The price for the performance of work shall be that stated in the agreement or on the invoice.

4.2. After registration, the buyer will receive an invoice via email. This invoice must be paid within 14 days. In the event of non-payment or late payment, the customer shall owe Link legal interest on the outstanding amounts from the invoice’s due date without notice of default. If the customer still fails to pay the invoice after a reminder, the customer will receive a reminder and administrative costs will be charged. Furthermore, all costs incurred for collection shall be borne by the customer.

4.3. The CUSTOMER is responsible for payment. CommV cannot be held to deviating agreements in this regard between employer and customer.

4.4. Disputes concerning the invoice must, under penalty of cancellation, be reported by the Customer to CommV by registered letter within 10 days of the invoice date.

4.4. Set-off by the customer is expressly excluded.

Art. 5: Cancellation

Cancellation by the customer is only possible in writing up to no later than 14 day before the appointment. For events, only possible in writing up to 1 week before the event at the latest. CommV will charge an additional € 50,00 administration fee.

In case of cancellation after these time periods, CommV will not refund any payments already made.
The Customer may send a substitute, provided that it fits within the target group of the service and provided that the Customer has informed CommV of this.

Art. 6: Cancellation, modification or rescheduling by COMMV

6.1. In case of insufficient registrations, CommV reserves the right to cancel or postpone a service.

6.2. CommV also reserves the right to change a services programme due to unexpected circumstances.

6.3. CommV shall be released by operation of law and shall not be obliged to fulfil any obligation towards the Customer in case of force majeure. Force majeure shall be understood to mean the situation in which the performance of the contract by CommV is prevented in full or in part, temporarily or otherwise, by circumstances beyond its control, even if this circumstance was already foreseeable at the time the contract was signed. Without being exhaustive, the following shall be considered as cases of force majeure: war, accident, illness, government measures and/or shortcomings of third parties. In such cases, CommV will notify the customer as soon as possible.

6.4. In case of cancellation, the course fees already paid shall be refunded to the Customer. If a course in a certain location is cancelled due to insufficient enrolments and the course is offered in more than one location, CommV offers the customer the opportunity to take part in the course in the other location at a 5% discount on the course price. If the customer does not accept this offer, the course fee already paid will be refunded.

Art. 7: Liability

7.1. CommV makes every effort to carry out all activities, both substantive and organisational and related to the course, in the best possible way. The Customer acknowledges and accepts that CommV’s commitments are purely resource commitments.

7.2. The Customer is obliged to check for himself whether he is medically fit to follow a certain coaching, mentoring, courses, training or education.

The CUSTOMER always consults his/her doctor first and obtains a medical certificate for practising his/her chosen training programme. CommV accepts no responsibility or liability for any damages, injuries or losses that may result from practising the training programme chosen by the customer. CommV shall not be liable for damage related to participation in the course or caused by cancellation by CommV , by its employees or by other persons employed by or on behalf of CommV or whose services have been used by CommV.

7.3. CommV is thus only liable for the damage directly resulting from a concrete proven fault and is not liable for indirect damage of any kind, nor for damage resulting from liability towards third parties.

7.4. CommV’s liability shall in any case be limited to the value of what has been performed, which shall be determined on the basis of the invoicing of CommV issued in the Customer’s name.

Art. 8: Copyright

The course materials provided become the property of the purchaser. The copyright on the course materials and other materials provided with the course shall be owned by CommV or by the person who provided or wrote the materials.

No data from or portions or extracts of the training materials provided may be reproduced or published in any manner whatsoever without the express written consent of CommV.

Art. 9: Replacement teacher(s)

CommV reserves the right to replace teachers assigned by it to carry out the course with other teachers.

Art. 10: Complaints

Complaints about the services provided to the customer must be communicated in writing, stating reasons, within 8 days of the delivered course at the latest. Failing which, the customer shall be deemed to have agreed to the delivered services and waived all rights and powers available to the customer under the law and/or agreement.

Art. 11: In-company courses

Agreements on “in-company” courses will be laid down in a separate contract. If, due to unforeseen circumstances, either the customer or CommV is unable to fulfil these agreements, the two parties shall consult as soon as possible about postponement or cancellation. Costs resulting from this shall be borne by the party unable to comply.

Art. 12: Notifications

The Customer expressly acknowledges that all notifications can be validly made by CommV when sent by e-mail.

Art. 13: Dispute resolution

13.1. All disputes between the parties shall belong exclusively to the jurisdiction of the courts of Dendermonde, Belgium without prejudice to CommV’s competence to take cognisance of the common law territorially competent court.

13.2. All agreements between the parties shall be governed exclusively by Belgian law.