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General terms and conditions of sale – TEAMERSIVE

 

  1. Conditions applicable to “Demo” or “Discovery” workshops
  • The invoice must be paid 7 days before the event.
  • Only payment received on Teamersive’s bank account guarantees participation.
  • No-shows and cancellations less than 7 days before the event are non-refundable.
  • In the event of absence due to force majeure (bad weather, illness, etc.), participation must be postponed to a later date.
  • This is a contribution to costs, and the amount proposed is not applicable to a team.
  • A place can be transferred to another person after notifying the organizers.
  1. Conditions applicable to other services
  • General terms and conditions
    These general terms and conditions define, without prejudice to the application of specific conditions, the respective obligations of the contracting parties in connection with the services provided by our services.
    By signing the contract or accepting in any form whatsoever the service offer of the service provider, the contracting party expressly acknowledges having read these general terms and conditions and having accepted them.
    Provisions from which no express derogation is made shall continue to apply. Only derogations that are the subject of a written agreement from the provider may change the application of these general terms and conditions.
    In the event of any conflict between the general terms and conditions of the other party and the service provider, it is agreed that the latter shall prevail.
  • Validity of offers and commitment
    Unless otherwise stipulated in writing, the period of validity of the service provider’s offers is three months from the date of their issue.

    The signing of a contract or any equivalent contractual document, or the acceptance in any form whatsoever (email, verbal commitment, etc.) of an offer, constitutes a firm and definitive commitment by our clients.

    Changes made by the customer to the provider’s offer will only be valid after written acceptance by the provider.

    • Price

    The prices set are denominated in euros, excluding VAT.

    They are drawn up in consideration of normal work, without any interruption, all elements which the co-contractor must provide or prepare being in order at the required time. Any additional difficulty giving rise to an additional cost of work on the part of the service provider, caused by any extraneous circumstance, as well as any modifications requested by the co-contractor, give rise to the prior drafting of a written document signed by all the parties and to an additional invoice on the basis of our tariff in force at the time,  i.e. 200€ per hour by default.

    The service provider reserves the right to pass on to its prices any change in the VAT rate applicable to it that occurs before or on the date of provision of the service.

    • Payment and payment term

    By working with the service provider, the co-contractor expressly declares that he or she accepts invoices or documents in lieu of invoices or documents in electronic form (dematerialized document).

    The payment of a deposit equal to thirty (30) percent of the price is required upon validation by the mission manager and at the latest at the time of the second half-day of service. The balance must be paid upon receipt of the final invoice.

    Invoices are payable no later than thirty (30) clear days after they are sent by bank transfer.

    Payments made after this deadline are automatically subject to 8% of the contractual interest and an irreducible lump sum of 10% of the invoiced amount, with a minimum of €100 in damages.

    In the event of successive services that are clearly part of a single mission, the service provider reserves the right, in accordance with the specific conditions previously established, to limit itself to the issue of a single invoice summarizing its successive services carried out on behalf of the client during the same month.

    Any dispute relating to an invoice must be sent to us in writing, within ten (10) clear days of its sending.

    Failure to pay an invoice on due date renders all sums due immediately payable, regardless of the payment facilities previously granted, and grounds the service provider to suspend the performance of its own services (“exceptio non adimpleti contractus“) until full and complete payment of the sums due by the client, without prior warning or formal notice.

    • Service turnaround times

    Unless otherwise stipulated, the deadlines set for the services are given for information purposes only.

    If a deadline is imperative, it must be clearly specified as such on our quotation or any other equivalent document. In this case, the co-contractor may, when the completion is delayed, claim compensation up to a maximum of 10% of the total price of the order. Even in this case, the following circumstances release the claimant from the time limits:

    – Cases of force majeure;- If the service provider does not have all the documents necessary for the proper performance of the service within the required deadlines;
    – If changes are decided or requested by the co-contractor during the course of the work;- If the payment conditions are not respected, in particular with regard to payment in instalments.

    • Commitment to quality and responsibility on the part of the service provider

    The service provider undertakes to provide the other party with a constant quality of service and to provide the other party with the assistance best suited to its needs and in line with the state of knowledge. The service provider’s obligation is an obligation of means, and cannot bind him as to the result.

    If the service provider is no longer able to continue to perform the tasks entrusted to him, he shall immediately notify the other party to the contract, so that the latter can take the necessary measures, including entrusting those tasks to third parties.

    • Outsourcing

    The service provider reserves the right and, therefore, is authorized to use a subcontractor of its choice to carry out all or part of the services.

    • Intellectual property

    Unless otherwise specified in the contract or quote, the parties expressly agree that the service provider will remain the sole holder of all intellectual property rights, both economic and moral, relating to the works designed or created, in whole or in part, in the context of the performance of the mission entrusted to it. The same applies to all media (documentation, presentation sheets, syllabi and compendiums, literary and artistic works, etc.) previously created by the service provider and used in the context of the accomplishment of the mission entrusted to him.

    • Termination-rescission at the fault of a co-contractor

    In the event of termination, termination or postponement of the contract at the fault of the other party more than one month before the scheduled date of service, no compensation will be due to the service provider.

    If this termination, cancellation or postponement takes place between 30 and 15 days before the scheduled date of service, the provider will be owed a lump sum compensation of 25 percent of the total price without prejudice to the payment of services already performed for which there are no reasonable grounds for dispute.

    If such termination, cancellation or postponement takes place less than 15 days before the scheduled date of service, the provider shall be owed a lump sum compensation of 50 percent of the total price without prejudice to the payment of services already performed for which there are no reasonable grounds for dispute.

    Even in the event of payment of the total price by the client, unless the service provider is wrongfully inactive, services not performed within 6 months from the acceptance of the offer or quote will be considered as lost.

    • Applicable law and jurisdiction

    Belgian law applies to everything that has not been explicitly agreed in these terms and conditions.

    Except for legal proceedings, the parties undertake to attempt to resolve by means of mediation or judicial conciliation any dispute relating to the validity, interpretation or execution of this agreement.

    This will begin no later than fifteen (15) clear days after the request for mediation or judicial conciliation notified by one party to the other party.

    In the event of proceedings for payment or failure of the mediation or judicial conciliation procedure, the courts of the judicial district of Walloon Brabant shall have exclusive jurisdiction, unless otherwise required by law.

    The parties accept, in the context of their relations, electronic means of proof (by way of example: e-mail, automated computer recording of correspondence, etc.).

    • Changes to the Agreement and Severability Clause

    Any changes to the specific agreements or to these terms and conditions must be the subject of a written amendment signed by the parties.

    The invalidity or illegality of any of the clauses of our general terms and conditions does not in any way entail the invalidity or nullity of the other clauses of the contract concluded between the parties.

    In the event that the impugned provision affects the very nature of these General Terms and Conditions, each of the parties shall endeavour to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at the very least, as close as possible to the effect of the cancelled provision.