General Terms and Conditions of Delivery | Institute for Sales And Marketing (ISAM)

Definitions
In these General Conditions of Delivery the following definitions apply: a. principal: the party or parties instructing the Institute for Sales And Marketing, or ISAM for short; this is the participant registered with ISAM and, as the case may be, also his employer, as stated on the registration form and/or (confirmation of) the order;

b. participant: the person registered as such with ISAM and attending the training course. Where applicable the participant is also the principal, as stated on the registration form and/or (order) confirmation;

c. contractor: Institute for Sales And Marketing B.V., hereinafter referred to as ISAM and/or Contractor;

d. Assignment: the services performed by Contractor for (a) Principal(s) within the framework of an Assignment Agreement as laid down in Article 7:400 of the Dutch Civil Code, comprising the development, facilitation and/or provision of a training programme.

Article 1
1.01 These General Terms and Conditions apply to the Engagement Agreement concluded between ISAM and Principal, whereby ISAM shall make every effort to perform the engagement to the best of its ability, and Principal shall comply with the payment and other obligations attached thereto.

1.02 The training course is followed and given according to the guidelines summarised on the website, in the brochure and/or the programme overviews issued at commencement. The participant is obliged to have familiarised himself with these guidelines at the start of the training and to act accordingly.

1.03 Agreements deviating from these General Conditions shall be binding on ISAM only if expressly confirmed by ISAM in writing. Oral agreements with or undertakings by an employee of ISAM shall not be binding on ISAM unless such agreements or undertakings have been confirmed by ISAM in writing.

1.04 ISAM shall endeavour to perform the Agreement to the best of its knowledge and ability and shall monitor the quality of the training. ISAM determines the training course and may unilaterally change the training course at any time.

Article 2
2.01 Registration for training courses takes place by sending a registration form signed by the participant and, where applicable, also by or on behalf of his/her employer. When registering digitally via the form on the website, the participant indicates separately to agree with the General Delivery Terms and Conditions. The engagement with Participant shall be effected after receipt of the registration form by Participant or his/her employer and after receiving written confirmation that registration has taken place. ISAM is entitled to refuse a participant’s registration without further explanation.

Article 3
3.01 A request of Principal for cancellation or early termination of the Agreement may only be submitted in writing by registered letter to the management of ISAM. Requests for cancellation or early termination shall only be dealt with by ISAM if the request is based on special personal grounds. Such reasons include, among other things, serious illness of the Participant of such a length (or expected length) that completion of the training within the maximum term cannot be expected. The management of ISAM shall take a final and binding decision within 15 working days after request for cancellation.

3.02 The date of commencement of the programme and start of the sessions shall be the commencement date confirmed by ISAM. Client’s request for postponement of the commencement date, or temporary suspension of the study, may only be submitted in writing by registered letter to the management of ISAM. This shall not result in a shift of the date applicable under the cancellation regulation or the regulation for interim termination.

3.03 If a participant has registered for one of the ISAM study programmes or activities and wishes to cancel his/her participation, the following applies: a. In case of cancellation in the period of 3 months to 4 weeks prior to the first meeting, client owes 20% of the full study costs (and the arrangement). b. In case of cancellation in the period of 4 weeks prior to the starting date or after the study programme for which has been registered has already started, client owes the full course fee.

Article 3 mentioned above does not apply when a substitute participant is provided by the principal. The candidate participant must meet the ISAM training criteria. ISAM is entitled to refuse registration of the candidate Participant without further explanation.

Article 4
4.01 The full training and additional costs shall be paid to ISAM by Client prior to commencement of the training.

4.02 If Client fails to fulfil the payment obligation within the applicable term of payment, he shall automatically be in default. The Participant shall then no longer be entitled to participate in the training programme. The outstanding amount shall then become immediately due and payable in full to ISAM.

4.03 If the Principal is a consumer and fails to pay on time, after having been informed of the additional costs by means of the 14-day letter, he will be obliged, without further notice, to pay all costs to which the Contractor is entitled under the Extrajudicial Collection Costs (Standardisation) Act.

4.04 For companies, the extrajudicial collection costs will be 15% of the principal sum, excluding statutory interest, with a minimum of €125.00. In addition, for each summons and/or demand letter € 25,- administration costs will be charged to the client.

4.05 In case Participant has agreed that the training and related costs shall be paid by his/her employer, and the employer remains in default, Participant, as principal who has approved the registration to which these General Terms and Conditions apply in full, shall himself/herself remain responsible and/or jointly and severally liable for payment.

4.06 For those activities provided by ISAM for which no costs are charged for participation, costs are payable in case of failure to cancel in time. In case of failure to cancel in writing at least five working days prior to the activity, €250.00 will be charged.

Article 5
5.01 After the participant has completed the training programme, within the time and attendance obligation set for that purpose, ISAM shall issue the participant with a postgraduate or master class certificate stating that the programme attended at ISAM has been successfully completed by the participant.

5.02 An ISAM certificate will only be issued if Client has fulfilled the payment obligation towards ISAM. Should Client default on the payment obligation, the maximum period to complete the study shall remain in force. If the client has not fulfilled the payment obligation in full within this period, the results obtained in that period shall lapse immediately thereafter and the certificate shall not be issued.

Article 6
6.01 ISAM reserves the right to offer the study material in parts during the course. In the event that the Participant, for whatever reason, requires new material, the costs incurred for this shall be charged to Participant.

6.02 ISAM is the copyright holder of all ISAM material provided during the training. It is prohibited to use this material, outside the ISAM programme, for any purpose whatsoever, or to make it available to third parties, without the express written permission of ISAM.

Article 7
7.01 Postgraduate courses have a duration of 8 training days spread over approximately 12 weeks. The master class has a different number of days. Participation in all training days is mandatory; one may miss a maximum of one lecture. The total period for completing the programme amounts to a maximum of one year.

7.02 The participant cannot claim tuition other than that indicated in the timetable issued to him/her. However, a new date for education may be designated by ISAM, in consultation with the participants and teachers concerned and to the satisfaction of the majority of the participants involved.

Article 8
8.01 The assignments, which must be delivered and made by the participant himself for the ISAM courses, serve both a practical and a learning purpose. Participant himself is responsible for the content and purport of these assignments. ISAM cannot be held liable in any way whatsoever for any damage resulting from or connected with these assignments, either towards third parties or towards Client.

8.02 ISAM shall never be liable for any trading loss and consequential damage. ISAM shall be expressly indemnified by Client against claims as referred to in this article.

8.03 Except in case of intent or gross negligence on the part of ISAM, ISAM can never be held liable for compensation of damage, in case of attributable failure on the part of ISAM, exceeding the amounts paid by the Participant to ISAM for the study part concerned.

8.04 ISAM shall also never be liable, irrespective of the legal basis on which the participant’s claim is based, for consequential damage, which in any case includes, but is not limited to, loss of income, losses suffered and costs incurred, as well as missed assignments, missed savings, damage caused by production or business interruptions or stagnation and/or damage as a result of lost work and/or travelling time.

8.05 ISAM shall never be liable for loss, theft and/or damage to Participant’s property etc., irrespective of where the training takes place.

8.06 ISAM stipulates that all statutory and contractual rights and defences which it may invoke to defend its own liability shall also apply on behalf of all those involved in the performance of the Agreement.

8.07 ISAM may engage third parties in the performance of the Agreement and shall at all times be entitled to invoke any limitations of liability of those third parties towards the Participant etc.

8.08 If due to one or more circumstances beyond the control of ISAM proper performance by ISAM is wholly or partly, temporarily or permanently impossible, ISAM shall have the right to suspend the performance of the Agreement or to terminate the Agreement wholly or partly or to terminate it with immediate effect, without being obliged to pay damages. ISAM shall inform Participant and any Principal as soon as possible in writing of the existence of a situation of force majeure and to what extent it will be able to perform the Agreement.

Article 9
9.01 The staff, (guest) teachers and participants of ISAM undertake not to disclose in writing or verbally to third parties any information obtained because of the study concerning study and company data of ISAM, fellow participants and/or other clients.

Article 10
10.01 The programme shall commence on the date specified by ISAM, provided that the number of participants in the group concerned is at least 12. If this is not the case, ISAM shall be entitled to cancel compensation for any damage suffered by Contractor or third parties.

Article 11.Processing (personal) data
11.01 Customer agrees to (personal) data provided by Customer to ISAM, such as (business) address details, telephone numbers and email addresses, being processed in a (partially) automated administration of ISAM. These data may be used for the purpose of client administration, invoicing, providing access to (online) course material and (electronic) sending of information about (E-learning) courses or trainings, and related products and services of ISAM. The Client shall at all times have the right to withdraw the consent or part of the consent to process (personal) data digitally, this can be done by sending an email to contact@isam.be. Customer and ISAM shall comply with the obligations existing under the European Privacy Regulation for each of the parties.

Article 12
12.01 ISAM is the image and portrait rights holder of all visual material obtained and/or produced during the training. Even if this visual material includes (individual) participants and/or (guest) teachers, ISAM is entitled to use this for promotional purposes.

Article 13
13.01 Any disputes shall first be settled by amicable consultation between ISAM and Principal. If this does not lead to a solution acceptable to the parties, only the competent court in the district where ISAM has its registered office shall have jurisdiction to hear the dispute, subject to Belgian law.

13.02 If any provision of these General Terms of Delivery is wholly or partially invalid, illegal, not binding or not enforceable, the remaining provisions of the General Terms of Delivery shall remain in force. The parties shall make every effort to agree on a new provision that deviates as little as possible from the invalid, unlawful, non-binding or unenforceable provision, taking into account the content and purpose of the General Terms of Delivery.

Article 14
14.01 Any complaints must be submitted in writing within 8 calendar days after discovery of the shortcoming, but no later than within two calendar months after the last day of the training, with a detailed description and substantiation of the complaint. In the absence of these reasons and/or substantiation on the part of Participant, Participant shall not be able to hold ISAM liable in connection with the aforementioned complaint. The Participant shall not be entitled to suspend payment on the grounds that he/she has submitted a complaint. The Participant shall be entitled to full or partial repayment of the costs paid by him if and to the extent that the complaint submitted by him has been found well-founded and the performance of the Agreement has become demonstrably pointless or impossible for the Participant as a result of the attributable failure of ISAM.

Complaints provided with reasons and/or substantiation should be addressed to: Institute For Sales And Marketing (ISAM) B.V. attn. Complaints Administration Paul Smekensplein 4/102, 2000 Antwerp