Terms & conditions

1. General

These are the general terms and conditions of Formind. They apply to all our services and set out the rights and obligations of both Formind and the client. We recommend that you read them carefully.

These general terms and conditions apply to every agreement between Formind and the client.

Once these general terms and conditions have applied to the legal relationship between Formind and the client, the client agrees in advance that they will also apply to future agreements.

These terms and conditions also apply to agreements for which Formind engages third parties for their performance.

If one or more provisions are wholly or partly void or annulled, the remaining provisions remain fully in force. In that case, Formind will draw up replacement provisions that come as close as possible to the original intent and purpose.

If Formind does not always require strict compliance with these general terms and conditions, this does not mean that their provisions do not apply, or that Formind in any way loses the right to require strict compliance with the provisions of these general terms and conditions in other cases.

Formind has the right to amend these general terms and conditions. The version that applies is always the version in force at the time the agreement was concluded.

2. Offer and price

Formind's offer is without obligation.

The price of a session quoted to a client that is a company or institution is exclusive of VAT.

The price of a session quoted to a client that is a consumer is inclusive of VAT.

The price of a session varies depending on several factors and is clearly communicated to the client in advance.

3. Formation of the agreement

The agreement is concluded once the client, after an intake meeting with Formind, has expressly accepted Formind's offer.

4. Definitions

In these general terms and conditions, the following terms have the meanings set out below, unless expressly stated otherwise or the context indicates otherwise:

• Formind: the user of these general terms and conditions, being either Formind, established at Montfortstraat 1, 2550 Kontich, registered with the Chamber of Commerce (KvK) under number 631922336, or Formind België BV, with its administrative office at Witte Stedeweg 24, 2550 Kontich, registered in the Crossroads Bank for Enterprises (KBO) under company number BE0631922336.
• Client: the legal entity or natural person who enters into an agreement with Formind.
• Session: the training session provided by Formind.
• Agreement: the agreement between Formind and the client.
• Participant: the natural person to whom the agreement relates or with whom an appointment for a session has been made. If the client enters into an agreement for themselves, the client is also the participant.

5. Performance of the agreement

Formind will perform the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship, based on the state of science known at that time.

The commitment is an obligation of means, not an obligation of result. Formind's fee does not depend on the result. Formind cannot guarantee a particular result and does not guarantee that performing the agreement will achieve the effect the client wishes.

The training programs provided are based on science.

Formind has the right to have the agreement performed by a third party.

6. Obligations of the client and the participant

The client must ensure that the participant complies with the provisions of these general terms and conditions that relate to the participant.

The client and the participant must ensure that all information which Formind indicates is necessary, or which the client or the participant should reasonably understand to be necessary for the performance of the agreement, is provided to Formind in good time.

If the information provided by the client or the participant is incomplete and/or incorrect, this is entirely at the client's expense and risk.

The client and the participant must inform Formind without delay of any facts and circumstances that may be relevant to the performance of the agreement.

7. Session

If the participant misbehaves during a session or otherwise unreasonably hinders or prevents the proper conduct of the session, Formind has the right to end the session early. In that case, the full price of the session remains payable, without prejudice to Formind's right to compensation for any damage.

Being under the influence of alcohol or drugs during the session is not permitted.

During the session, the participant must not be disturbed by incoming phone calls, messages or emails, unless Formind has given the participant permission for this.

Making audio and/or video recordings of a session is not permitted without Formind's prior consent.

If the participant is under 18 years of age, the participant must be accompanied during the session by a parent or legal representative.

8. Cancelling a session

The client or the participant may cancel an appointment for a session free of charge 24 hours or more in advance.

If the client or the participant cancels a session less than 24 hours in advance, the full agreed price of the session will be charged to the client.

A session must be cancelled by phone or by email.

9. Invoicing and payment

Invoices are issued weekly in arrears. The client must pay the invoice within 1 week of the invoice date.

If Formind has not received payment of the invoice on time and the client has not responded to a reminder, Formind has the right to suspend any sessions already scheduled until all outstanding invoice amounts have been paid. The client will be notified of such a suspension in writing or by email.

In the event of non-payment or late payment, the client owes statutory interest on the outstanding amounts from the due date of the invoice until the day of full payment.

Furthermore, all judicial and extrajudicial costs of collection are payable by the client. The extrajudicial collection costs are determined in accordance with the Collection Costs Act (Wet Incassokosten).

Formind has the right to apply payments made by the client first to the costs, then to the interest and finally to the principal sum.

Objections to the amount of an invoice do not suspend the obligation to pay.

10. Complaints

Complaints about a session must be reported by the client to Formind in writing or by email as soon as possible after the session.

The client must give Formind the opportunity to investigate the complaint. The fact that Formind investigates a complaint does not imply that Formind acknowledges that the work performed was defective.

Complaints do not suspend the client's obligation to pay.

If Formind considers the client's complaint to be justified, the client will give Formind the opportunity to still carry out the work. If carrying out the work is no longer possible or meaningful, Formind will only be liable within the limits of article 11.

11. Liability and limitation period

Formind cannot be held liable for any damage that is the direct or indirect result of:

• an event that is in fact beyond its control and therefore cannot be attributed to its acts and/or omissions, as described in article 12, among others;
• any act or omission of the client or the participant.

Formind is not liable for an incorrect interpretation by the participant of the content of a session.

The participant is, under all circumstances, responsible for the accuracy and completeness of the information they provide. Formind is never liable for any damage caused (in part) by the information provided by the participant being incorrect and/or incomplete. The client indemnifies Formind against all claims in this respect.

The participant is responsible for the decisions they make, whether or not following advice from Formind. The participant is at all times personally responsible for the choices they make, their own behavior and the consequences thereof.

Formind cannot be held liable by the client if the result of the work performed by Formind does not meet the client's expectations.

The participant is responsible for their own health. Attending a session or asking Formind for advice should never be seen as a substitute for consulting a doctor. Formind is not a medical institution.

Formind is never liable for indirect or consequential damage.

Should Formind be liable for any damage, Formind's liability is limited to the amount paid out by Formind's insurer. If the insurer does not pay out in a given case, or the damage is not covered by the insurance, Formind's liability is limited to a maximum of the invoice amount of the work to which the liability relates.

The limitations of liability for direct damage set out in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of Formind.

Claims and other rights of the client against Formind, on whatever grounds, lapse in any event after 1 year from the moment a fact occurs that enables the client to exercise these rights against Formind.

12. Force majeure

Formind is not obliged to fulfill any obligation toward the client if it is prevented from doing so by a circumstance that is not due to its fault and for which it is not accountable by law, by a legal act or according to generally accepted views.

In these general terms and conditions, force majeure means, in addition to what is understood by it in law and case law, all external causes, foreseen or unforeseen, over which Formind has no influence but which prevent Formind from fulfilling its obligations. Force majeure includes in any case, but is not limited to: a failure of a computer or other device; a virus infection or computer intrusion by third parties; internet and power outages; weather conditions; traffic disruptions; floods; landslides; terrorism; war and riots; obstruction by third parties; strikes; fire; theft; government measures; illness of the natural person who performs the agreement on behalf of Formind.

If there is a situation of force majeure, Formind will inform the client as soon as possible.

13. Suspension and termination of the agreement

Formind is entitled to suspend the fulfillment of its obligations or to terminate the agreement if:

• the client does not fulfill the obligations under the agreement, or does not fulfill them in full or on time, and the client has not responded to a notice of default. If fulfillment is permanently impossible, no notice of default is required;
• after the agreement has been concluded, circumstances come to Formind's attention that give good reason to fear that the client will not fulfill the obligations.

Furthermore, Formind is entitled to terminate the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible, or if other circumstances arise of such a nature that Formind cannot reasonably be expected to maintain the agreement unchanged.

If the agreement is terminated, Formind's claims against the client become immediately due and payable. If Formind suspends the fulfillment of its obligations, it retains its rights under the law and the agreement.

If Formind proceeds to suspension or termination, it is in no way obliged to compensate any damage and costs arising from this in any way.

14. Intellectual property rights

Formind reserves the rights and powers to which it is entitled under the Copyright Act (Auteurswet) and other intellectual property laws and regulations.

The client must respect Formind's intellectual property rights at all times.

Formind has the right to also use the knowledge it has gained through the performance of an agreement for other purposes, provided that no strictly confidential information of the client or the participant is disclosed to third parties.

15. Confidentiality

Both parties are obliged to keep confidential all confidential information they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if the other party has said so or if this follows from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided.

If Formind, on the basis of a statutory provision or a court ruling, is obliged to provide confidential information to third parties designated by law or by the competent court, and Formind cannot invoke a right of non-disclosure recognized or permitted by law or by the competent court, Formind is not obliged to pay damages or compensation.

Formind processes personal data in accordance with the applicable privacy laws and regulations.

16. Applicable law and competent court for Formind België BV

All legal relationships to which Formind België BV is a party are governed exclusively by Belgian law.

All disputes relating to agreements between the client and Formind fall exclusively under the jurisdiction of the courts of the judicial district of Antwerp.