Coursle - Centre For Distance Learning

GENERAL TERMS AND CONDITIONS
CENTRE FOR DISTANCE LEARNING, ONDERNEMERSSCHOOL B.V.

ARTICLE 1 - DEFINITIONS

In these general terms and conditions and in the agreements for which they are declared applicable, terms are defined as follows:

Centre For Distance Learning: The limited liability company Centre For Distance Learning, Ondernemersschool B.V. of which the main office is established in Druivenstraat 25-31, 4816 KB Breda, the Netherlands, listed in the Chamber of Commerce undernumber59720131 with a VAT number of NL853617582B01.

Course taker: (i) The (judicial) person that registers at the Centre for Distance Learning or receives a price quotation from the Centre for Distance Learning for a professional course. This (judicial) person pursues a professional goal by following a professional course. (ii) The private inpidual / consumer who registers with the Centre for Distance Learning or receives a quote for a hobby course.

Consumer: A natural person who does not act in the exercise of a profession or business and follows a hobby course solely for non-professional purposes.

Agreement: The agreement between the Centre for Distance Learning and the Course Taker.

Education: Education, training, retraining, (home) study, course, study or theme day, workshop, continuing education or any form of training provided by Coursle - Centre For Distance Learning. All these courses have a professional goal in mind and prepare the student for a profession, or profession in employment or the sharing economy, or for the pursuit of acting as a self-employed person in the main or secondary occupation. These courses can be financed with the training checks (employees in career guidance who register for a group course of at least 32 contact hours) or the SME portfolio (self-employed or employees of an SME). The provisions concerning consumers included in the Belgian Economic Law Code do not apply to these (professional) courses. This professional education is provided either for a period corresponding to a school or an academic year or for a period that is necessary to effectively teach a profession or the skills necessary to practice that particular profession. The duration of all courses is necessary to learn a trade or profession or to obtain an additional specialization or "updating" in connection with the profession. This type of instruction is also accessible to people who are not yet effectively practicing the profession. Coursle - Centre For Distance Learning does not organize higher education or academic education and therefore does not award a bachelor's or master's degree.

Course materials: Educational or instructional materials, documentation, lesson materials, multimedia or any other materials of any kind that are used as part of the professional training and that are used in order to be able to learn the profession.

Course fee: The course fee for the professional training, including registration fees, costs for study materials and the fees for taking exams organized by the Centre for Distance Learning.


ARTICLE 2. APPLICABILITY


2.1 These general terms are applicable to all price quotations, offers and services of the Centre for Distance Learning. These general terms are also part of every agreement between the Course Taker and the Centre for Distance Learning.

2.2 Different terms are only applicable when these have been explicitly accepted in writing by the Centre for Distance Learning and are only valid for that specific agreement.

2.3 Changes of any terms in the agreement, or additions to any terms in the agreement are only valid when these have been documented in writing (this includes any form of electronic media such as email) and signed by both parties.

2.4 The agreement, including all terms applicable hereto, describes all the rights and obligations of the parties and replaces all prior written or oral agreements, declarations or statements of either one of the parties.

2.5 By filling out the registration form or transferring a payment to the Centre for Distance Learning, the Course Taker declares to pursue a professional goal (except for the following of a hobby course). This professional goal consists of following a professional training that leads to the start of an independent activity in the future or of future employment.

2.6 In case any definition in these general terms is deemed invalid for whatever reason, the general terms will remain applicable for the rest of the agreement. Both parties shall negotiate the contents of a new agreement that remain as close as possible to the original agreement.


ARTICLE3. PRICE QUOTES

3.1 Any price quote from the Centre for Distance Learning is always optional in regard to price, content, execution of the delivery times and the availability. The Centre for Distance Learning retains the right to recall an offer when a price quotation containing an optional offer is accepted by the course taker within two working days after receiving the acceptance of this offer by the Course Taker.

3.2 The Centre for Distance Learning publishes the offer in either writing or electronically.

3.3 The price quotation contains a complete and accurate description of the course/training for which the Course Taker wants to register. The price quotation also states what course materials the Course Taker needs to purchase and what costs, including additional costs and taxes that are connected to the purchase of these materials. The price quotation also states the possible method of payment, delivery and execution of the agreement as well as the estimated delivery time for the course materials.

3.4 Notwithstanding what is determined in article 3.1, all price quotations of the Centre for Distance Learning have a limited validity of 14 working days, unless stated differently in writing. In case a price quotation by the Centre for Distance Learning is not accepted within this period, the Centre for Distance Learning is allowed to change the price and conditions as stated in the price quotation.

3.5. Without prejudice to the provisions in paragraph 1 up to and including 4, the offer also includes, in the case of a distance contract, the following information:

a. the identity and address of the Centre for Distance Learning , including the visiting address of the establishment of the Centre for Distance Learning ;

b. the right of the consumer to dissolve the agreement within fourteen days in accordance with article 10;

c. if additional costs are charged for contact with the Centre for Distance Learning via telephone or internet: the amount of the applicable rate;

d. the period of validity of the offer.


ARTICLE 4. CONSTITUTION OF THE AGREEMENT

4.1 The Course Taker enters into an agreement with the Centre for Distance Learning by registering for a training. Registering for a training can be done (i) through the registration form in the brochure of the Centre for Distance Learning, (ii) by telephone, (iii) by email, by using the digital registration form supplied by the Centre for Distance Learning or (iv) by using the registration form on the website.

4.2 The Agreement only comes into effect after the written acceptance from the Centre for Distance Learning (this also includes email messages) or by the confirmation from the Centre for Distance Learning of an assignment for the Course Taker. The agreement comes into effect at the moment at which the Centre for Distance Learning confirms the registration of a Course Taker to a course. Confirmation of payment of the course fee also constitutes a confirmation of the constitution of the agreement. The confirmation counts as evidence of registration for the perspective course.

4.3 Every agreement is constituted under the condition of creditworthiness of the Course Taker.

4.4 The Course Taker is not allowed to transfer the rights of the agreement to third parties without the prior written consent of the Centre for Distance Learning. The Centre for Distance Learning can assign extra conditions before giving consent.

4.5 In the case of electronic commissioning, the Centre for Distance learning sends an electronic confirmation to the consumer; as long as the receipt of an electronically accepted order has not been confirmed by the Centre for Distance Learning, the consumer can cancel the order.

4.6 After a distance contract has been concluded, the data referred to in article 3, paragraph 3 and paragraph 5 shall be provided in writing or on another durable medium that is available and accessible to the consumer.


ARTICLE 5. IDENTIFICATION

5.1 When registering for a training the course taker might have to send in a copy of a valid proof of identification to the Centre for Distance Learning. The address of the Centre for Distance Learning can be found on http://www.homestudies.eu.

5.2 In case the training does not count as a professional home study course, the Course Taker is obliged to have a valid form of identification present when attending meetings or exams. The Course Taker is obliged to show this valid proof of identification upon request of one or more of the employees of the Centre for Distance Learning.


ARTICLE 6. PAYMENT

6.1 Payment in terms of the course fee is not allowed without the prior written consent of the Centre for Distance Learning.

6.2 Payment of the course fee is due at the latest on the expiration date of the respective invoice.

6.3 Unless otherwise determined in writing, the Course Taker has to transfer the full course fee before the Centre for Distance Learning will send the course materials to the Course Taker. The Course Taker will not be allowed to attend the respective training as long as the course fee has not been paid.

6.4 It is not allowed for the Course Taker, unless otherwise confirmed in writing by the Centre for Distance Learning, to deduct any discounts, deductions or settlements on payments to the Centre for Distance Learning. The Course Taker is not allowed to postpone the obligation of payment in any way. The date of payment on the payment statements of the bank are considered as the day of payment.

6.5 In case a Course Taker does not fulfill the terms of payment within the payment period, the Course Taker will be in absence of payment without the need for any notice of default. The Course Taker owes 1,5 % interest on the open sum per month or part of each month from the moment of absence of payment until the day of full payment. This does not diminish the right of the Centre for Distance Learning for full compensation by law.

6.6 All costs for collection for the owed judicial and non-judicial costs caused by the Course Taker are charged to the Course Taker. This includes costs of confiscation, appeal of bankruptcy, collection fees as well as costs the Centre for Distance Learning incurs for lawyers, bailiffs and other experts.

6.7 In case a Course Taker is employed and the employer of the Course Taker has co-signed the agreement, the employer is and remains liable for any fees owed by the Course Taker through the agreement, this includes fees that might occur in the future. This partial liability remains without any limitation after the employment contract of the Course Taker is cancelled.

6.8 If explicitly laid down by the Centre for Distance Learning, it is possible to pay certain training programs in installments. The fixed advance or the first installment must in this case be paid upon registration. Each subsequent installment amount is automatically debited monthly with the Course Taker until the full course fee has been paid.

6.6. The Centre for Distance Learning also offers modular courses. A modular training consists of the number of modules / courses set by the Centre for Distance Learning for which the student is given the time determined by the Centre for Distance Learning to complete it. The study duration starts from the start date of the first module for which you register yourself. After successful completion of the established modules within the term, the additional modular diploma is obtained. If explicitly established by the Centre for Distance Learning, it is possible to pay for modular courses in installments. In this case, the fixed advance or the first installment must be paid upon registration. Each subsequent term must be paid exactly 1 month later until the full course fee has been paid. If the student unsubscribes for a separate module, the same agreements apply to deregistration as to an ordinary course.

ARTICLE 7: NON-TIMELY PAYMENT

7.1. If the Course Taker fails to fulfill the obligations towards the Centre for Distance Learning within the agreed payment term, the Course Taker will be in default by operation of law, without any notice of default being required. The Centre for Distance Learning or its debt collection agency sends a reminder after the expiry of this date and gives the consumer the opportunity to pay within 14 days after receipt of this payment reminder.

7.2. From the moment that the Student is in default, and for the consumer after the expiry of the 14-day period, until the day of full payment, the Student will owe default interest of 1.5% on the amount due per month or part thereof, without prejudice to the right of the Centre for Distance Learning to full compensation on the basis of the law.

7.3. All costs of collection of the judicial and extrajudicial costs owed by the Course Taker are at the expense of the Course Taker. This includes the costs of seizure, bankruptcy applications, collection costs, as well as the costs of lawyers, bailiffs and other experts to be engaged by the Centre for Distance Learning. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. the Centre for Distance Learning may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

7.4. During the handling of a complaint or dispute in accordance with Articles 22 and 26 (Questions and Complaints + Dispute Settlement), the Centre for Distance Learning will suspend the charging of interest and collection costs.

ARTICLE 8. FEES

8.1 All fees are excluding VAT and can be changed periodically.

8.2 In case a price change occurs within 3 months after the agreement has come into effect but before the course has started or the course materials have been delivered, it will not influence the price that was agreed upon. Rises in costs (such as purchasing prices, rates, wages, taxes, loads) will not be charged to the Course Taker by the Centre for Distance Learning.

8.3. The consumer is entitled to dissolution of the agreement if the price increases three months after the conclusion of the agreement, but before the start of the training.

8.4. Paragraphs 2 and 3 do not apply to price changes arising from the law.

8.5. Any discounts are not cumulative. The discounts must always be settled on registration. Repayment of discounts is therefore not possible.


ARTICLE 9. CANCELLATION AND CHANGES OF THE COURSES

9.1 Cancellation of the course - for whichever (medical) reason - does not result in any restitution of the course fees. Failure to follow the course(s) by the Course Taker does not lead to reimbursement of a part or all of the course fees.

9.2 The Course Taker declares to pursue a professional goal when he/she follows a course at the Centre for Distance Learning.

9.3 Reimbursement of the course fees is not possible when the Course Taker has used login codes supplied by the Centre for Distance Learning in the electronic student platform or when the Course Taker has opened the seal of an electronic data carrier such as CD-rom, memorystick, secured electronic learning environment, CD, DVD, etc.

9.4 In the case the number of applicants for a specific group course is deemed insufficient by the Centre for Distance Learning, the Centre for Distance Learning has the right to cancel the course in part or fully before commencement of the course. In this case, the Centre for Distance Learning is free to agree with the Course Taker to (i) reschedule the course to a different time and location or (ii) to cancel the specific course and to reimburse the Course Taker for the already paid fees for the cancelled course. However the Centre for Distance Learning is not liable for any costs or damages incurred by the Course Taker in relation to the cancellation.

9.5 The Centre for Distance Learning retains the right to change the course, particularly the specific educational track in case this is necessary to guarantee the passing of the exam(s) by the Course Taker.

9.6. The course Course Taker remains at all times liable for compliance with their payment obligation with regard to tuition fees and other costs, even if the student has indicated at the time of enrollment that their employer assumes the course payment. The Centre for Distance Learning is not responsible for the topicality of the study materials if the study lasts longer than 1 school year. Any purchase of renewed study material is at the expense of the student. In case of cancellation of the course for the dispatch of the course material, a certain amount will be charged, based on the costs of the registration fee, as administration costs with a maximum of 125 euro. In case of cancellation after sending, the student will owe the full registration fee.


ARTICLE 10: TERMINATION AND CHANGE OF TRAINING

10.1. If it concerns a hobby course, the consumer has the right to terminate the Distance Contract without giving any reason within 14 calendar days after the conclusion of a Distance Contract. In the case of a Distance Contract which exclusively concerns the purchase of course materials, the period of 14 calendar days starts on the day following the day of receipt of the course material. However, if the course material is delivered periodically, such as with regular supplements from Syllabi or with book packages per year or semester, the withdrawal period ends fourteen days from the first day after receipt of the first course material. In the event of dissolution in accordance with Article 9.1, the Course Taker must return the received course material to the Centre for Distance Learning as soon as possible. The Centre for Distance Learning is entitled to charge the direct costs of the return to the Course Taker. The return is at the risk of the Course Taker. If the Centre for Distance Learning has not provided all the information, as referred to in Article 3, paragraph 5, this period will be fourteen days after it has been provided, up to a maximum of twelve months after the conclusion of the agreement.

10.2. The Course Taker must notify the Centre for Distance Learning of the cancellation of the training by means of a registered letter. The Centre for Distance Learning will provide the consumer with a form for the respective dissolution of the agreement. The consumer is not obliged to use this form for this purpose.

10.3. Subject to the provisions of paragraph 4, the consumer shall be entitled to reimbursement free of charge in the event of termination in accordance with paragraph 1 of what he has already paid. The Centre for Distance Learning will pay back as soon as possible and in any event within fourteen days of the dissolution.

10.4. In case of dissolution in accordance with paragraph 1, the consumer must return any material received from the Centre for Distance Learning to the Centre for Distance Learning as soon as possible. The Centre for Distance Learning is entitled to charge the direct costs of returning the consumer. The return is at the risk of the consumer. If the student has used the log-in codes of the electronic student platform or the seal has opened another electronic data carrier such as CD-ROM, memory stick, secure electronic learning environment, CD, DVD, ... no refund of the course fee is possible.

10.5. The training can only start during the withdrawal period at the express request of the consumer. In such cases the consumer retains his right to dissolve the agreement in accordance with paragraph 1. In this case, if the consumer dissolves the agreement within the withdrawal period, he will owe a proportionate part of the price of the training to the Centre for Distance Learning.

10.6. If the program is offered for the most part by means of an electronic (learning) environment, then the right to dissolution ends at the start of the study program, provided that:

a. the consumer has explicitly agreed in advance that the performance can start before the end of the dissolution term and that he declares to renounce his right of dissolution; and

b. the Centre for Distance Learning has confirmed to the consumer the declaration referred to under a.

10.7. Interim termination - for whatever reason - does not result in a refund of the Course Fee. Nor does the failure to attend the Course (s) on the part of the Course Taker lead to partial or full reimbursement of the Course Fee.

10.8. The Centre for Distance Learning reserves the right to make changes to the Education or the relevant training module, if this is necessary to enable the Course Taker to pass the exam (s).

ARTICLE 11. DELIVERY TIMES, COURSE MATERIALS AND HOMEWORK BY MAIL

11.1 The delivery times and/or period of execution will be estimated by the Centre for Distance Learning. A term that has been agreed upon is not a fixed term.

11.2 When the delivery times and/or execution period have been determined, the Centre for Distance Learning assumes that it can execute the assignment under the conditions known at that time.

11.3 The delivery times and/or execution period only commences when all commercial and technical details have been agreed upon, when all necessary information is in possession of the Centre for Distance Learning, when the agreed upon payment has been received, and when the necessary conditions of the execution of the assignment have been met.

11.4a. In case there are circumstances other than the ones known to the Centre for Distance Learning at the moment of determining the delivery time and/or execution period, the Centre for Distance Learning can extend the delivery time and/or execution time with the necessary time in order to be able to execute the assignment under these conditions. In case the activities can not be adapted into the planning of the Centre for Distance Learning, they will be executed as soon as the planning allows them to be adapted.

11.4b. The delivery time and/or execution period will be extended in case the obligations of the Centre for Distance Learning are postponed by the length of this postponement. The continuation of the activities which can not be adapted into the planning of the Centre for Distance Learning will be executed as soon as the planning allows them to be adapted.

11.5 Exceeding the agreed upon deliver time and/or execution period in no case constitutes a right to reimbursement unless otherwise agreed upon in writing. Reimbursement in general is not possible.

11.6 The Course Taker is obliged to cooperate as well as to accept the delivery of the course material. In case of failure of reception of the course material, the Centre for Distance Learning is allowed to charge any possible incurred costs (such as costs of storage, transport and insurance) to the Course Taker.

11.7 Acquisition is considered to be refused in case the course material is offered for delivery and delivery has turned out to be impossible. The day of refusal of delivery is considered to be the day of delivery. The refusal of acquisition of the course material does not end the obligation of the Course Taker to pay the Course fees to the Centre for Distance Learning.

11.8 The Centre for Distance Learning offers the possibility for the Course Taker to send homework assignments and questions to the instructor of the specific course by using the digital learning environment of the Centre for Distance Learning. The Course Taker can send the homework and questions at his/her own costs to the specific teacher by regular mail. The Course Taker has to supply sufficient postage stamps with the homework/questions in order for the Centre for Distance Learning to be able to send the homework/questions to the specific instructor. In case insufficient postage stamps have been supplied by the Course Taker, the Course Taker will not receive an answer by regular mail from the Centre for Distance Learning or by the instructor. In this case the Course Taker will be notified through the digital learning environment of the Centre for Distance Learning in which time period the corrected homework and/or answered questions can be picked up by the Course Taker at the address of the Centre for Distance Learning or at another location to be specified by the Centre for Distance Learning.

ARTICLE 12: COMPLIANCE

12.1. The training must comply with the agreement and be carried out professionally with the use of sound facilities.

12.2. The delivered course materials must comply with the agreement and have those characteristics that, considering all circumstances, are required for normal use, as well as for special use as far as as this has been agreed.

ARTICLE 13.INTELLECTUAL PROPERTIES

13.1 The Course Taker is not allowed to remove or change any notifications regarding copyright, trademarks, brands, patents or other rights from the supplied product.

13.2 The Centre for Distance Learning (and/or its instructors) retain all copyrights and rights of intellectual propertyon the offers, supplied designs, teaching materials, homework assignments, exam assignments, pictures, wings, models, etc.

13.3 The rights on the materials mentioned in the previous subsection remain property of the Centre for Distance Learning regardless of any costs that might have incurred to the Course Taker during the manufacturing of thesematerials. The information may not be copied, used or showed to third parties without the prior written consent of the Centre for Distance Learning. The Course Taker owes € 25.000,00 for each time this term is violated. This does not diminish the right of the Centre for Distance Learning to pursue full compensation in case of damages.


ARTIKEL 14. RECLAMATION

14.1 The Course Taker has to thoroughly inspect the course material upon delivery. Any possible reclamations regarding the course materials have to be reported with reasons in writing to the Centre for Distance Learning within seven working days after the delivery date. In case of malfunctioning or defects that could not have been detected within the aforementioned timeframe these malfunctions or defects have to be reported immediately after identification to the Centre for Distance Learning in writing and with explanations. All rights of reclamation by the Course Takers are void in case the Course Taker does not inform the Centre for Distance Learning immediately.

14.2 When and so far as a reclamation has been justified by Centre for Distance Learning, the Centre for Distance Learning is only obligated to resolve the malfunction(s) or replace the defected course material in the manner it choses, this does not constitute any rights for the Course Takers for any reimbursement whatsoever. Reclamation does not end the obligation of payment of the Course Taker to the Centre for Distance Learning.

14.3. Wrong or damaged course material is immediately replaced by the Centre for Distance Learning at no cost to the consumer.

ARTICLE 15. DISCLAIMER

15.1 The Course Taker is liable to protect the Centre for Distance Learning for all costs and damages that the Centre for Distance Learning might suffer in case a third party sets a claim against the Centre for Distance Learning in regards to any fact for which liability against the Course Takers has been excluded in these general terms and conditions.

15.2 In case the Centre for Distance Learning receives a claim, the Course Taker is obligated to support the Centre for Distance Learning by law in the outside environment as well as in court, the Course Taker is obligated to do everything that is expected of the Course Taker. In case the Course Taker fails to take adequate measures, the Centre for Distance Learning has the right to take these measures itself without a notice of default. All costs and damages flowing out of this situation incurred by the Centre for Distance Learning or by third parties are the full liability of the Course Taker.

ARTICLE 16. FAILURE TO COMPLY WITH THE AGREEMENT

16.1. If one of the parties does not fulfill an obligation from the agreement, the other party may suspend the fulfillment of the opposite obligation. In the event of partial or improper fullfillment, suspension is only permitted as far as the shortcoming justifies this.

16.2. The the Centre for Distance Learning has the right of retention (right of retention) if the consumer falls short in the payment of a due and payable obligation, unless the shortcoming does not justify this retention.

16.3. If one of the parties fails to comply with the agreement, the other party is entitled to dissolve the agreement, unless the shortcoming does not justify dissolution because of its minor significance.


ARTICLE 17. LIABILITY

17.1 The Centre for Distance Learning is only liable for direct damage flowing out of responsibilities of the agreement and only in case the Centre for Distance Learning is found to be guilty or has done so intentionally, the Course Taker is liable to prove this. The Centre for Distance Learning is not liable for damages to the company and/or follow-up damages, to which at least belong any kind of losses or lost-profits.

17.2 The Centre for Distance Learning is in no way liable for the consequences caused by mistakes in the information provided by the Course Taker or for the Course Taker. The Centre for Distance Learning is also not liable for any damages, in whichever form, that result out of (possible) mistakes in the Course Material, brochures or other work regarding to the course that has been developed and put together by the Centre for Distance Learning. The Centre for Distance Learning is also not liable for the passing of any (state) exams.

17.3 The liability of the Centre for Distance Learning is limited to the maximum of the paid course fee by the Course Taker.

17.4 The Centre for Distance Learning is not liable for any damages in case the Course Taker has not explicitly made the Centre for Distance Learning liable for these damages by registered mail within at least 8 days after the damage has become known. The Course Taker also has to offer the Centre for Distance Learning the possibility to research the cause of damage.

17.5 These regulations of liability mentioned in the subsections of this article are also valid against third parties that the Centre for Distance Learning employs for the execution of the agreement, or persons for which the Centre for Distance Learning carries liability.


17.6. The Centre for Distance Learning is not liable if a student does not comply with the (safety) instructions.

ARTICLE 18. FORCE MAJEURE

18.1 In case the Centre for Distance Learning suffers an obstruction in the execution of the agreement that is of temporary or permanent nature, regardless if a force majeure could have been expected, the Centre for Distance Learning is allowed to cancel the agreement in part or fully or to postpone the execution of the rest of the agreement in part or fully, without the need of a court, without the obligation to pay any form of reimbursement, regardless of the right of the Centre for Distance Learning to receive payment from the Course Taker for already completed activities by the Centre for Distance Learning. The Centre for Distance Learning shall notify the Course Taker at the soonest possible time in case of a force majeure. In case of postponement, the Centre for Distance Learning is still allowed to cancel the agreement in part or fully.

18.2 Force majeure includes all circumstances in which the Centre for Distance Learning is not able to fulfill its obligations fully or in part, such as the temporary absence of the teacher due to sickness and/or obstruction, fire, strike or expulsion, disturbances, war, governmental measures such as import or export restrictions, shortcomings of suppliers, problems in transport, electricity malfunctioning,interruptions in the company of the Centre for Distance Learning or in the company of the suppliers and all circumstances for which the Centre for Distance Learning cannot reasonably be expected to fulfill its obligations to the Course Taker. Force majeure for the suppliers of the Centre for Distance Learning is considered to be a force majeure for the Centre for Distance Learning.

ARTICLE 19.ANNULMENT

19.1 When:

a- the Course Taker files for bankruptcy, is declared bankrupt or requests an automatic injunction that halts actions by creditors; or

b- a decision is taken and/or the Course Taker is liquidated, or the business ventures of the Course Taker are concluded or in case the business activities of the Course Taker are sold by law, or in case the business activities of the Course Taker change significantly as judged by the Centre for Distance Learning; or

c- in case the Course Taker does not fulfill any part of the contractual agreement with the Centre for Distance Learning as stated by law or by any contractual conditions, or;

d- in case the Course Taker does not pay an invoice, or part of it, within the set timeframe to do so, or;

e- in case a claim is laid on part or all of the capital of the Course Taker, the Course Taker is considered to be absent by law and the rest of the debt owed by the Course Taker to the Centre for Distance Learning will become collectable at once. The Centre for Distance Learning is allowed to cancel the agreement fully or in part without a notice of absence or without judicial interference. This case does not diminish the rights of the Centre for Distance Learning regarding expiration fines, interest and the right to postponement and/or damages. The Centre for Distance Learning is not obliged to pay any damages to the Course Taker in case of cancellation of the agreement regarding the terms in this article.

19.2 The agreement ends automatically after the duration of the study ends, a diploma, certificate or testimony is received conform to what is recorded at the time of registration. All mutual rights and obligations end at the moment the agreement ends.


ARTICLE 20. PERSONALLY IDENTIFIABLY INFORMATION AND CONFIDENTIALITY

20.1 In regard to the law of protection of personally identifiable information, the Centre for Distance Learning hereby notifies the Course Taker that all information supplied by the Course Taker will be registered in the automated database of the Centre for Distance Learning. This information will be processed internally and will be used for responsible customer care and for a responsible conduct of business, such as: being able to send the course material, execution of the instructor guidance and the sending of information on courses and related information. This information will not be transferred without the expressed consent of the Course Taker by the Centre for Distance Learning to third parties.

20.2 Both parties are obliged to treat all information regarding the agreement from both sides or from third parties confidentially. Information is considered to be confidential in case one of the parties notifies the other party or in case the nature of the information dictates.

20.3. Information provided by consumers is handled confidentially by the Centre for Distance Learning, its staff and / or persons working for it. The Centre for Distance Learning conforms to the applicable privacy legislation.

ARTICLE 21. EXECUTION BY THIRD PARTIES

21.1 The Centre for Distance Learning is allowed to employ third parties for the execution of the agreement.

21.2 All stipulations regarding the removal or restriction of liability of the Centre for Distance Learning and regarding the disclaimer regarding the Centre for Distance Learning for claims of third parties are also stipulated for those who are employed by the Centre for Distance Learning or third parties for whom the Centre for Distance Learning are liable.

ARTICLE 22: QUESTIONS AND COMPLAINTS

22.1. Questions of an administrative nature and questions about the content of the course will be answered by the Centre for Distance Learning within a period of 10 working days, counting from the date of receipt. Letters that require a foreseeable longer processing time will be answered immediately by the Centre for Distance Learning with a notice of receipt and an indication when the consumer can expect a more detailed answer.

22.2. Complaints about the execution of the agreement must be submitted to the Centre for Distance Learning in a timely, complete and clear manner after the consumer has discovered or has been able to discover the deficiencies. Complaining within two months is in any case timely. Failure to submit the complaint on time may result in the consumer losing his or her rights in this matter.

22.3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution of article 26.


ARTICLE 23. APPLICABLE LAW/COMPETENT JUDGE

23.1 Dutch law is applicable to the agreement. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (1980) is excluded.

23.2 All differences flowing out or associated with the agreement shall first only be filed at the competent judge from the jurisdiction of Zeeland-West-Brabant, location Breda. This does not diminish the right of the Centre for Distance Learning to file a case of difference at the jurisdiction of the location where the Course Taker resides.

ARTICLE 24. LOCATION SERVICES

24.1 The servers and IT infrastructure of the Entrepreneurs School are located in the Netherlands.

24.2 By registering, the student indicates that he/she is aware that the guidance online (student platform, e-mail, etc.), by telephone, in writing, and so on, takes place from the Netherlands.


ARTICLE 25. CHANGES

25.1 The Centre for Distance Learning is allowed to change these general terms and conditions. The Course Taker is considered to have accepted the changed general terms and conditions in case the Centre for Distance Learning has not received a written protest against the changes within 14 days after the written notification of the changes has been made by the Centre for Distance Learning. Changes will be published either through personal notification or general publication on the website of the Centre for Distance Learning.

25.2The Dutch text of the general terms and conditions always dictates the explanation thereof.

ARTICLE 26. DISPUTE SETTLEMENT

26.1. The contract is governed by Dutch law, unless the law of another country applies by virtue of mandatory law.

26.2. If the Course Taker is a private inpidual / consumer, disputes between the Course Taker and the Centre for Distance Learning about the conclusion or performance of agreements with regard to services and goods to be delivered or delivered by the Centre for Distance Learning may be brought by both the consumer and the Centre for Distance Learning to the Consumer Complaints Boards, Bordewijklaan 46, PO Box 90 600, 2509 LP The Hague (www.degeschillencommissie.nl).

26.3. The Consumer Complaints Boards shall only deal with a dispute if the consumer has first submitted his complaint to the Centre for Distance Learning in accordance with Article 22 and if this has not led to a solution satisfactory to both parties.

26.4. A dispute must be brought before the Consumer Complaints Boards within three months after the submission of the complaint in accordance with the provisions of Article 22.

26.5. A fee is due for handling a dispute.

26.6. When the consumer submits a dispute to the Consumer Complaints Boards, the Centre for Distance Learning is bound by this choice.

26.7. When the Centre for Distance Learning wants to submit a dispute to the Consumer Complaints Boards, it must first request the consumer to state within 5 weeks whether he agrees to this. The Centre for Distance Learning must thereby announce that after the expiry of the aforementioned term it considers itself free to submit the dispute to the ordinary court.

26.8. The Consumer Complaints Boards shall make a decision with due observance of the provisions of its regulations. The decision of the Consumer Complaints Boards takes the form of a binding recommendation.

26.9. In only those cases for which a formal statutory dispute resolution scheme is provided for in formal education, such as that for examining the Course Taker, the provisions of paragraphs 2 up to and including 8 of this article do not apply.

Coursle Groupcourses

 

The non-profit organization "Center de Qualification Professionnelle" (CQP) is established at rue Royale 203 - 1210 Brussels and bears the company number 0628.576.826. It has its own classrooms with permanent representation at 203, Rue Royale - 1210 Brussels.
Courses are also organized outside, in buildings rented from third parties, but without permanent representation from the Professional Qualification Center (CQP):
1210 Brussels, rue Royale, 203
4000 Liège, rue de Harlez 9
1348 Louvain-la-Neuve, rue du College 3
5000 Namur, rue Joseph Calozet 19
7000 Mons, rue des Dominicains 13
ARTICLE 1 - DEFINITIONS
In these general conditions and the contracts to which they apply, the concepts below have the following definitions:
Student: The adult (or legal person) who registers with or receives an estimate from the CQP for a (Professional) Training or a recreational course / The (legal) person who follows a (Professional) Training always does so for a purpose career as an employee, self-employed or service provider in the sharing economy / A minor can only register as a pupil with the written authorization of a parent or guardian.
(Vocational) training: this covers training, training, refresher or advanced training, studies (at home), study or thematic days, workshops, continuing education or any other form of training. All these training courses have a professional aim and prepare students to exercise a profession or a discipline under an employment contract, in the shared economy or the exercise of an activity as a self-employed person in a main or complementary capacity. These training courses can be financed by the KMO-Portfolio (independent or employees of a Flemish SME). The provisions relating to Consumers included in the Belgian Code of Economic Law do not apply to these (professional) training. This education for professionals is provided either during a period corresponding to a school or academic year, or during a period which is necessary in order to effectively learn a trade or a skill essential to the exercise of this trade. The duration of all these training is necessary to learn a trade or a profession or to obtain a complementary specialization or an upgrade in relation to this profession. This type of training is also accessible to people who are not yet actively exercising the profession. The Professional Qualification Center does not organize higher or academic education and therefore does not issue bachelor's or master's degrees.
Recreational courses: the CQP organizes a very limited number of recreational courses for Consumers. A short list can be found under the Hobby theme on the website www.formationengroupe.be. These recreational courses are the only ones to be affected by the Belgian Code of Economic Law. These are leisure (teaching) services for which a specific date and period are set when booking these courses.
Consumer: A Student, a natural person, who does not act in the exercise of a profession or a business and who follows a recreational course for non-professional purposes, therefore for his own leisure.
Course Material: All Training, course and instruction material, documentation or other (electronic) material in any form whatsoever used as part of a (Vocational) Training or Recreational Course. After paying the Course Fee, the Pupil has direct access to the electronic learning platform and / or the student profile, where textbooks, courses and electronic books can be viewed and / or downloaded.
Course Fee: This is the total amount that a Student must pay for the Training, which includes registration and examination fees. Some Trainings require additional material, which is not included in the Course Fee and which the Pupil must finance himself.
ARTICLE 2. SCOPE
These general conditions apply to all CQP quotes, offers and services. They are also part of all the Contracts concluded with the Student.
Deviating conditions only apply if they have been explicitly accepted in writing by the CQP and only relate to the corresponding Contract (s).
Modifications and additions to any provision in this Contract are only valid if they have been fixed in writing (including electronic communication, for example an e-mail) and signed by both parties.
The Contract, including all the conditions that apply to it, details the full content of the rights and obligations of the parties and comes into force as a replacement for all agreements, declarations ons and / or agreements previously agreed by the parties in writing or orally.
By completing the registration form relating to a (Professional) Training, to which these general conditions are annexed, the Pupil declares whether the payment has a professional purpose, namely to follow a Professional Training which leads to the launch (in the future) a self-employed activity, an employee contract or work in the shared economy. Even if he does not (yet) work in the discipline or profession concerned, the Pupil accepts that he is considered to be acting for a professional purpose.
He declares that he agrees with the conditions of use and the disclaimer stipulated on the website www.formationegroupe.be.
 
ARTICLE 3. QUOTATION.
All CQP quotes are non-binding, both in terms of price, content, execution, deadlines and feasibility, and therefore do not bind the CQP. As stipulated in article 4 of these general conditions, a Contract enters into force between the CQP and the Student as soon as the latter has accepted the estimate.
The CQP can establish a quote on paper or electronically.
The estimate contains a complete and precise description of the course or the Training that the Student wants to take, the course material that the Student may have to buy as well as the costs related to it, including additional fees and taxes. The quote also stipulates the method of payment, delivery and execution of the Contract as well as the estimated delivery time of the course material.
The quotation is valid for a period of 14 working days, unless otherwise agreed in writing. If the quotation is not accepted by the Student within this period, the CQP is authorized to modify the conditions and the price stipulated in the quotation.
The Student can download trial lessons free of charge from the website. As soon as the Student has completed and sent the registration form to the CQP, he accepts its general conditions.
 
ARTICLE 4. CONSTRUCTION OF A CONTRACT
The Student concludes a Contract with the CQP by registering for a Training, which can be done:
by completing the registration form in the CQP brochure;
by telephone ;
by e-mail, by completing the digital registration form provided by the CQP;
by completing the registration form available on the website.
The Contract is only concluded by the written acceptance of the registration (including by electronic means) by the CQP, acceptance which is also valid as proof of registration.
In the event of an electronic order, the CQP sends the Student an electronic confirmation. Students may cancel their electronic order as long as it has not been confirmed by the CQP.
After the conclusion of the Contract, the data referred to in Articles 3 paragraphs 3 and 5 are provided in writing or on another permanent data medium made available to the Pupil or to which he has access.
The Student is not entitled to transfer the rights of the Contract to a third party without written authorization from the CQP.
 
ARTICLE 5. IDENTITY DOCUMENT
When registering for a Training, the Student is obliged, if and insofar as the legislation requires or authorizes it, to send to the address of the CQP a copy of a valid proof of identity. .
During the Training sessions, the Pupil may be required to carry a valid identity document with him and to show it at the request of one or more CQP employees, if and insofar as the legislation therein. constrains or authorizes it.
 
ARTICLE 6. PAYMENT
Payment of the Course Fee must take place at the latest on the due date stipulated on the invoice.
Unless the parties agree otherwise in writing, invoices are payable to the CQP within fifteen (15) days of the invoice date.
Unless otherwise provided in any separate Contract or General Conditions, the invoicing of the CQP will be as follows:
Payment of the Course Fee takes place before the start of the Training. As stipulated in article 3, paragraph 3, the CQP may ask the Student to pay the full amount due no later than 10 working days before the start of the Training or the course.
Unless otherwise agreed in writing, the Pupil must first have paid the total amount of the Course Fee before definitively reserving a place in the Training. Except in the case of payment by installments, the Pupil is not admitted to the (Professional) Training or the Recreational Course until he has paid the full amount of the Course Fee.
 
Unless authorized in writing by the CQP, the Student is not authorized to claim any reduction, withholding or compensation, nor to suspend his payment obligations. The transaction date stipulated on the CQP account statements is considered to be the date of actual payment.
If the Student is an employee for whom the employer has signed or co-signed the Contract, this employer remains jointly and severally liable for the amount owed by the Student under the Contract, now or for the future. This collective responsibility invariably remains applicable even in the event of termination of the employment contract between the employer and the Student.
Some Training can be paid by installments with the explicit agreement of the CQP. In this case, the deposit or the first installment must be paid at registration. Any later installment is automatically collected from the Student until full payment of the Course Fee.
The CQP also offers modular training, made up of modules or courses for which the CQP grants the pupil a determined period of time to pass them. The duration of the training begins with the registration of the first module by the pupil. After successfully completing all the planned modules within the time limit, the Pupil receives the complementary modular diploma. Payment by installments for modular training is possible if this has been explicitly fixed by the CQP. In this case, the deposit and the first installment must be paid upon registration. The next installment must be paid exactly one month later until full payment of the Course Fee. If the Student unsubscribes from a separate module, the same rules for unsubscribing apply as if it were a regular course.
Certain (professional) training courses and certain recreational courses require additional material which is not included in the Course Fee and which the pupil must purchase by himself. Each page of the website related to a Training states whether additional material is needed or not. The Student declares that he has sufficiently informed himself about the total price of the Training, including the cost of any additional material or employment allowances.
 
ARTICLE 7. LATE PAYMENT
If the Student does not meet his payment obligations towards the CQP within the time limit (see article 6.1), he is automatically considered to be late, without having to send him a formal notice. As soon as the due date has passed, the CQP or its collection agency will send the Student a payment reminder and will give him an additional 14 days from receipt of the payment reminder.
From the moment he is considered to be late, until the day of full payment, the Student is automatically liable for late payment interest of 1% per month or part of a month on the amount due, regardless the right of the CQP to claim full compensation for damages under the law.
All collection costs, judicial or extrajudicial, are the responsibility of the Student. They include, among other things, the costs of seizure, bankruptcy application, collection costs, fees of lawyers, bailiffs and other experts requested by the CQP. These recovery costs are capped at: 15% for amounts due up to € 2,500; 10% on the next 2,500 €; 5% on the next 5,000 €; with a minimum of 40 €. The CQP may derogate from the amounts and percentages in favor of the Consumer.
The CQP will suspend the interest rate and collection costs during the processing of a complaint or a dispute in accordance with Articles 22 and 25 (Questions and complaints + Litigation).
 
ARTICLE 8. PRICES
All prices are exclusive of VAT, except for the prices of the Recreational Courts. Prices for courses and training may be periodically modified.
If a price modification, following an increase in the cost price, occurs within 3 months after the conclusion of the Contract, but still before the start of the (Professional) Training or the supply of the course material, this would have no impact on the agreed price. In this case, factors increasing the costs (non-exhaustive list: purchase price, currency rates, salaries, taxes, charges, shipping costs) would not be passed on by the CQP.
The Consumer has the right to request the dissolution of a Contract if the price is increased after the signing of the said Contract, but also before the start of the Training, due to elements which do not depend solely on the will of the CQP.
Paragraphs 2 and 3 do not apply to tariff changes made inevitable by law.
Any reductions are not cumulative. They must always be taken into account when registering. Their reimbursement is therefore impossible.
 
 
ARTICLE 9. RIGHT OF WITHDRAWAL
Information on the right of withdrawal
 
1.1 In the event of the conclusion of a Distance Contract, the Consumer has a period of at least 14 days during which he can revoke the Contract, without justification and without payment of other costs than those provided for by law.
1.2 To exercise this right of withdrawal, the Consumer must notify the CQP, by ordinary post or electronic mail, by a clear and unambiguous declaration of his decision to cancel the Contract. The Consumer may, optionally and without obligation, use the standard withdrawal form for this purpose (see point 14).
1.3 To comply with the withdrawal period, it is sufficient to send the notice concerning the exercise of this right before the period has expired.
1.4 If you wish to terminate a Contract, please complete and return this form to us:
 
To: [address], fax: [n °], e-mail: [e-mail]
 
I / we (*) inform / inform you (*) of my / our will (*) to terminate the Contract for the sale of the following goods:
 
- Ordered on / received on
 
- Last name
 
- Address
 
- Signature (only if the form is sent on paper)
 
-Dated
 
(*) = delete unnecessary mentions
 
 
Consequence of withdrawal
When the Consumer cancels a Contract, he is reimbursed for all payments made up to that time, including delivery costs, immediately or at the latest within 14 days after the CQP has been informed of his decision to withdraw. .
 
Exceptions to the right of withdrawal
This right of withdrawal does not apply in the cases referred to in art. VI. 53 of the Code of Economic Law. The Consumer cannot exercise the right of withdrawal provided for in Article VI.47 for Service Contracts after the service has been fully performed if the performance has started with the express prior consent of the Consumer and if he has recognized that they lose their right of withdrawal once the Contract has been fully executed by the company: services relating to leisure activities, if a specific date or period of execution is provided for in the Contract; the supply of sealed audio or video recordings or sealed computer programs that have been unsealed after delivery; the supply of digital content not provided on a tangible medium if the performance has started with the express prior consent of the Consumer, who has also acknowledged that he will thus lose his right of withdrawal.
 
Impact in the unlikely event that Students are considered Consumers and Non-Professionals
4.1 Since the electronic material of the Recreational Courses is made available to the Consumer upon registration, via the profile or the study platform, and given that this electronic material can be viewed and downloaded immediately, a registration for a Course recreation cannot be canceled and the right of withdrawal therefore does not apply. In addition, Recreational Courts fall into the category of services relating to a leisure activity with a specific date or period of execution. Also for this service, the Consumer's right of withdrawal within 14 days does not apply.
 
4.2 The Consumer explicitly agrees to lose his right of withdrawal as soon as the electronic teaching material can be downloaded on the profile or the study platform. This material is in fact available upon payment through an automated process that cannot be canceled.
4.3 In the absence of receipt of the course material on paper, the CQP has the right to charge the Consumer for the related management costs (storage, transport, insurance, etc.).
 
ARTICLE 10. CANCELLATION AND MODIFICATIONS OF VOCATIONAL TRAINING AND RECREATIONAL COURSES
In the event of a Contract within the framework of on-site training relating to Vocational Training with a determined period or departure date, the following cancellation rules apply, at the end of a possible reflection period ( and in exceptional cases where the Consumer has not received electronic teaching material downloaded on a non-material medium and has not given his authorization to lose his right of withdrawal, has not broken any seal on the supports of the electronic teaching material and if it was not a personalized course with supervision of a teacher or a service contract relating to a leisure activity):
 
Cancellation before on-site instruction has started is in writing or electronically;
 
In the event of cancellation 2 months before the start of on-site teaching, the Student must pay 10% of the agreed price, with a minimum of € 50;
 
In the event of cancellation between 2 months and 1 month before the start of on-site teaching, the Student must pay 25% of the agreed price, with a minimum of € 50;
 
In the event of cancellation in the month preceding the start of on-site teaching, the Pupil must pay 50% of the agreed price, with a minimum of € 50;
 
In the event of cancellation within 15 days of the start of on-site teaching, the Professional Student must pay the full price agreed.
 
By agreed price, we include the normal price of the course applied to a Training, without taking into account any temporary reductions or local actions that would be valid at a determined time. In other words, the temporary reductions on the Course Fee do not entail any equivalent reduction in any compensation for damage. If no registered letter requesting cancellation or postponement of the course has been received before the start of the course or activity, the Student will have to pay the full amount of the Course Fee.
In the event of a distance contract, the Consumer who subscribes to a recreational course has a period of at least 14 days during which, in accordance with article 9 of these general conditions, he has the right to withdraw, without reason or payment of other costs than those provided for by law.
Professional training is not affected by the provisions of the Code of Economic Law relating to Consumers. Being provided for natural or legal persons for professional purposes, they do not give rise to a right of withdrawal.
Students who wish to exercise their right of withdrawal must notify the CQP by registered letter. The latter will first try to integrate the Student into an identical Formation taking place later. When this is not possible, the regulations stipulated in paragraph 1 of this provision apply.
 
In the event of withdrawal in accordance with paragraph 1, the Pupil must return or return as quickly as possible all the course material he has received from the CQP. Return is at their own risk. The CQP has the right to charge the Student for the direct costs of returning the material. Material that is offered electronically and whose packaging seals have been broken cannot be returned. The price must be fully paid by the Student to the CQP.
If the Student stops taking the course before the end of the Training or if he no longer participates, for whatever reason, even medical, he will not be able to claim full or even partial reimbursement of the Course Fee.
If the number of registrations for a given Training seems insufficient for the CQP, the latter has the right to cancel it (totally or partially) or to postpone it to another time or place, before the start of said Training or of the training module. In this case, the CQP is free to agree with the Professional Student that the Training or the Training module concerned will be followed at another place, date or time. In the event of cancellation of the Training, the CQP will always reimburse the Professional Student for the amount he paid for the Training or the canceled Training module, without ever having to pay the Professional Student any damages or compensation. other costs related to this cancellation.
The CQP reserves the right to make changes to the Training or to the Training module related, if this proves to be necessary to ensure the success of the Student in one or more internal or external exams, for example if a law, a regulation or an apprenticeship program had meanwhile been amended.
 
ARTICLE 11. DELIVERY TIMES, EQUIPMENT AND COURSE PREMISES
The CQP provides the Student with all the necessary material before the start of the course, including access to material available in electronic format.
 
The delivery times communicated by the CQP are purely indicative.
By fixing the delivery and / or the execution period, the CQP considers that it is capable of carrying out the mission under the conditions which are known to it at that precise moment.
The delivery time and / or the period of execution begins to count only when an agreement has been reached on all commercial and technical details, when all necessary and other data is held by the CQP, when the agreed sum has been paid and received and when all the conditions required for the performance of the assignment have been met.
If it is a question of other conditions than those which were known by the CQP when the latter fixed the delivery time and / or the execution period, the latter may be extended by the CQP by the time necessary to carry out the mission under these (new) conditions. If the activities cannot fit into the CQP schedule, they will be executed as soon as the schedule allows. If there is a question of suspension of obligations by the CQP, the delivery period and / or the execution period are extended by the duration of the suspension. If the progress of the activities cannot be integrated into the CQP schedule, the activities will be carried out as soon as the schedule allows.
Any exceeding of the delivery time and / or the agreed performance period does not give rise to any right to compensation for damage, unless it has been agreed in writing. The CQP can never be considered as being responsible for any shortfall following a late delivery or the lack of delivery of educational services.
In the event of an abnormal delay in delivery, the Consumer has the right to terminate the Contract by registered letter and without judicial intervention, provided that the CQP has not yet made the delivery within one (1) month after having been delivered. formal notice by registered letter from the Consumer. The latter explicitly waives any other recourse, in particular any form of compensation for damage.
The Pupil is obliged to participate in the delivery, as well as to receive the course material.
The purchase is considered to have been refused when the Student has been offered to receive the course material on paper, but delivery has appeared impossible. The day on which the purchase was refused is considered to be the day of delivery.
The Training takes place on the site or in the course premises designated by the CQP, who will communicate the addresses to the Student as soon as possible before the start of the Training. If a change of site or class location occurs during the Training, the CQP notifies the Student, who can never impute this fact to demand termination of the Contract or claim damages from the CQP.
During the Training, the Student is fully responsible for the damage he commits to everything in the classroom (in the broad sense of the term).
The CQP can never be held responsible for the behavior of Students outside of class. Internship places must be requested and approved in writing in advance by the internship site, the intern and the internship supervisor.
 
ARTICLE 12. COMPLIANCE
The Training must comply with the Contract and be carried out competently using the correct facilities and infrastructure.
The course material provided must comply with the Contract and have all the specifics that are necessary for ordinary use, whatever the circumstances, as well as for a particular use if so agreed.
 
ARTICLE 13. INTELLECTUAL PROPERTY RIGHTS
The Student is not authorized to erase or modify any indication on the delivered products concerning copyrights, trademarks, trade names, patents and other intellectual rights. He is also not authorized to resell the Course Material.
 
The CQP (and / or its teachers) retains the copyright as well as all intellectual property rights on the offers and quotes submitted, projects delivered, Course material, homework, exams, illustrations, drawings, pilot models, etc.
The rights to the data stipulated in the previous paragraph remain the property of the CQP even if the Student has had to agree to costs for their realization. These data may not be copied, used or presented to third parties for professional purposes without the prior written consent of CQP. In the event of an infringement of this provision, the Pupil is liable to a fine of € 25,000 per infringement, regardless of the CQP's right to claim full compensation for damage.
 
ARTICLE 14. CLAIMS AGAINST COURSE MATERIALS AND TEACHERS
Complaints from professional students
The Student should review the Course Materials as soon as possible after receiving them. Any complaints relating to the course material must be lodged within 7 working days after receipt, by reasoned letter addressed to the CQP. Failures or failures that cannot be reasonably noted within the aforementioned period must be communicated to the CQP immediately after the finding, by reasoned letter. In the absence of a complaint lodged within the time limits, all possible claims of the Student against breakdowns or breaches have expired.
If and insofar as a complaint is deemed to be justified by the CQP, the latter is only obliged to either resolve the deficiency (s) or breakdowns, or to replace the defective course material, without the Student being able to assert any right to any compensation. The complaint does not release the Student from his payment obligations towards the CQP.
 
Wrong or damaged course material is immediately replaced by the CQP, at no cost to the Consumer.
Complaints relating to class locations, secretarial staff or teachers must always be submitted first via the feedback form available on the website. In a first phase, an administrative employee of the CQP will always look for a solution that suits the client. It may be a relocation to another course, schedule or location, a modification made to the module or the training material, or even a (partial) reimbursement of the Course Fee under the article. If no solution is found, the Student must send a registered letter to the Professional Qualification Center and will receive a definitive answer by registered mail.
The CQP responds to questions of an administrative nature or relating to the content of the Training within 10 working days of receipt. He responds by return mail to letters requesting a longer foreseeable processing time, by an acknowledgment of receipt and an indication of a time limit at the end of which the Student can expect a more detailed response.
Complaints relating to the execution of the Contract must always be submitted to the CQP on time, in a clear and complete manner after the Student has noticed or has been able to observe the breaches. A complaint lodged within one month is always considered to be on time. A complaint lodged out of time may result in the loss of the Consumer's rights. Complaints from Consumers:
The CQP is responsible in the event of a lack of conformity existing at the delivery of the goods and which manifests itself within a period of [period] from said delivery. The Consumer must notify the CQP in writing of a lack of conformity within a period of [time limit] after having ascertained it. In the absence of such a warning to the CQP within the period of [time limit] after the finding, the Student or the Consumer loses his right to lodge a complaint with the CQP for lack of conformity.
 
ARTICLE 15. EXEMPTION
The Student is required to exempt the CQP from all costs and damages that the CQP could suffer because of a claim brought against the CQP by third parties for any fact for which the responsibility towards the Student would be excluded in these general conditions.
If the CQP should therefore be attacked by third parties, the Student is required to do everything that can be expected of him to immediately assist the CQP in any judicial or extrajudicial proceedings. If the Student fails to take adequate measures, the CQP has the right to take them himself, without formal notice from the Student. All costs and damages that would thus be suffered by the CQP or third parties would then be entirely at the account and at the risk of the Student.
ARTICLE 16. MODIFICATIONS
The CQP has the right to modify its general conditions. The changes are communicated by an individual notice or by a global publication on the CQP website. The Student is assumed to have accepted the changes if the CQP has not received a letter of protest within 14 days of the written statement from the CQP.
For their interpretation, the Dutch language version of these general conditions always takes precedence over any other translation.
 
 
ARTICLE 17. RESPONSIBILITY
Responsibility towards Professional Students
The CQP is only liable for direct damage due to serious or intentional fault on the part of the CQP - which the professional student must prove - in the performance of his obligations arising from the Contract concluded between the parties. The CQP is not responsible for any consequential or professional damages, among others in all cases of loss of profit or losses suffered.
The CQP is not responsible for damage to the Client's property or to training participants.
The CQP is in no way responsible for the consequences of the inaccuracy of the data provided by or on behalf of the Professional Student, nor of the course material developed and / or composed by the CQP, brochures, printed matter or any other work resulting from or in relation to a Training. The CQP is not liable for any damage, whatever its nature, which is the consequence of (possibly) erroneous information in the course material, brochures, printed matter or any other work resulting from or in connection with a training. The CQP is also not responsible for the success or failure of the Professional Student in any examinations (official or public). This Contract is a commitment of resources, not a commitment of results towards the success of a Professional Student in an exam.
The CQP is not responsible if a Professional Student does not take the (safety) instructions into consideration.
The responsibility of the CQP is in all cases limited to the Course Fee paid by the professional student.
The CQP is not liable for damage if the Professional Student has not notified the CQP by registered letter within 8 days of becoming aware of the cause of the damage, to give him time and the opportunity to examine the causes of the damage.
The liability provisions of the preceding paragraphs of this article apply to third parties requested by the CQP in the context of the execution of this Contract, as well as to persons to whom the CQP or the aforementioned third parties are responsible.
 
Responsibility to Consumers
 
Except in the event of fraud, serious or intentional error, the CQP is only liable for direct damage. He is not responsible for nor liable for compensation for intangible, indirect or consequential damages, including (non-restrictive list) loss of profit, loss of turnover, profits or customers, loss of productivity, administrative or personnel costs, increased overhead costs and third party claims.
 
The responsibility of the CQP is in all cases limited to the Course Fee paid by the Student.
 
ARTICLE 18. FORCE MAJEURE
If the CQP was prevented from performing the Contract or the continuation of the Contract relating to Vocational Training due to a temporary or permanent case of force majeure, regardless of whether it was foreseeable or not, the CQP has the right, without any obligation, to pay compensation for damage, to partially or totally terminate the Contract, by notice and without intervention judicial, regardless of their right to require the Professional Student to pay for services already performed by the CQP before force majeure occurs, or to partially or totally suspend (the continuation of) the performance of the Contract. The CQP will inform the professional student as quickly as possible of a situation of force majeure. In the event of suspension, the CQP will still have the right to partially or totally terminate the Contract.
By force majeure are included all the circumstances for which the CQP is not able, temporarily or permanently, to meet its obligations, among others: unavailability (even temporary) of a teacher due to illness and / or '' prevention, fire, (pickets of) strikes, riots, wars, measures taken by public authorities (such as import or export restrictions), supplier failure, transport problems, natural disasters, malfunctions or breakdown in the business of the CQP or its suppliers, power outages, as well as all the circumstances for which the CQP cannot reasonably be required to respect (the pursuit of) its obligations towards the Professional Student. Force majeure for CQP suppliers and service providers are also considered to be force majeure for CQP.
 
ARTICLE 19. DISSOLUTION
The CQP has the right to terminate the Contract with the Student at any time, with immediate effect, without court authorization, prior notice, or payment of any compensation for damage, in the following cases:
 
The Student is declared bankrupt, has requested bankruptcy or a delay in payment; or
 
When the decision to liquidate, terminate or sell the Student's professional activities is taken or contemplated or when the CQP considers that the nature of the Student's professional activities changes considerably; or
 
When the Student does not (fully) respect his obligations towards the CQP under the law or contractual conditions; or
 
When the Student fails to pay (part of) the invoice within the allotted time; or
 
When part or all of the student's assets are seized; or
 
When the CQP has justified reasons to doubt that the Student is respecting his obligations towards the CQP.
 
In the event of termination, the CQP also retains the right to claim compensation for costs, interest and damages suffered. All CQP claims against the Student are due immediately.
 
If the CQP does not respect one of its essential commitments, the Consumer has the right to terminate the Contract without judicial authorization or prior formal notice. In this case, the CQP will be liable to the Consumer for a lump-sum damage compensation equivalent to 10% of the value of the Training to which he has subscribed, regardless of the Consumer's right to claim a higher compensation provided that proof of the damage is provided. real suffered.
 
ARTICLE 20. PERSONAL DATA AND DUTY OF DISCRETION
Within the framework of the law on the protection of privacy, the CQP ensures that all data provided by the Student is recorded in its automated administrative system. These data will be processed and used internally for a reasoned management of the customers and the company, for example to allow the supervision by the teachers and the sending of the course material and the related information. The CQP will not provide this data to third parties without the explicit authorization of the Student.
 
Both parties are bound by a duty of discretion regarding all confidential information that they may have obtained from each other or from another source under this Agreement. Information is considered confidential if one of the parties qualifies it as such or if this follows from the nature of the information.
 
The information provided by the Student is considered confidential by the CQP, its staff and / or the people who work for it. The CQP complies with the law in force on privacy.
 
ARTICLE 21. EXECUTION BY THIRD PARTIES
The CQP has the right to involve third parties in the execution of the Contract.
 
All the clauses concerning the exclusion or restriction of liability of the CQP and the exemption of the CQP for third party claims are stipulated for the needs of the persons, both in the service of the CQP and of third parties, for which the CQP may be responsible by their actions or their deficiencies.
 
ARTICLE 22. NON-EXECUTABLE NATURE OF A CLAUSE
If a clause (or part of a clause) of these general conditions is unenforceable or contrary to a provision binding ition of the law, this would in no way affect the validity or the binding force of the other provisions of these general conditions or of the part of the provision which is not unenforceable or contrary to a binding provision of the law. In such a case, the parties will negotiate in good faith in order to replace the unenforceable or contrary to law provision (s), to replace them with a binding and valid provision which comes as close as possible to the purpose and spirit of the original provision. .
 
ARTICLE 23. APPLICABLE LAW / COMPETENT COURT
All the Contracts to which these general conditions are applicable, as well as the other Contracts which result from them, are exclusively managed by Belgian law.
 
All disputes arising out of or relating to a Contract will be submitted in first instance exclusively to the competent judge of the district of Antwerp, regardless of the right of the CQP to submit the dispute to a competent judge in the judicial district in which the professional student is established or domiciled.
 
All disputes arising from or relating to a Contract with Consumers will be submitted exclusively to the competent judge on the basis of article 624.1 °, 2 ° and 4 ° of the Civil Code.
 
ARTICLE 24. SWITCH GUARANTEE
Students who have registered for a group course are entitled to the switch guarantee. Thanks to this guarantee, students have the opportunity to postpone or move their course to a later date without having to give a reason. The student has one calendar year to register for a course for which there are still vacancies. The student must contact the educational institution three days before the start of the course session. As long as there are free places, the student will be transferred to the other group course. The registration fee can also be transferred to another person who will need to take the same course the student registered for in the first place. If a student makes use of the switch guarantee, the reimbursement of the registration fees as described in article 10 is no longer possible. The switch guarantee can only be used once per registration. The general conditions of the initial registration always remain applicable, even after a postponement, transfer or assignment of registration fees to another person. In the event of force majeure due to the COVID-19 crisis, for example in the event that classes cannot (temporarily) take place due to measures imposed by the government, students are entitled to the switch guarantee.

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