GENERAL TERMS AND CONDITIONS OF SALE
Unless otherwise agreed, all actions, services and agreements of or with TALENTMAKERS BV (KBO 0455.099.353) with registered office at Rozenweg 32, 3140 Keerbergen (Belgium) are subject to these general terms and conditions. By placing an order, the customer states that he/she is aware of its provisions and accepting them. The customer waives the application of their own (purchase) terms and conditions. An agreement is only concluded after written confirmation by TALENTMAKERS BV. A start of service provision is considered a confirmation, unless it has been made subject to reservations.
TALENTMAKERS BV is an ambassador of cultural, ethnic and religious values and tolerance. TALENTMAKERS BV expects all its employees and subcontractors, as far as possible and feasible, to promote green policies and practices. Discrimination on the grounds of colour, age, gender, sexual orientation, ethnicity, disability, religion, political affiliation, union membership or marital status, among others, will not be tolerated. TALENTMAKERS BV expects its employees and sub-contractors:
- to think, talk, act and behave in a way consistent with the dignity of a caring and courteous professional;
- to respect the laws of the country or host country, local culture, traditions, customs and practices at all times;
- to treat all stakeholders in the project with respect, courtesy and consideration;
- to not engage in acts of sexual, physical or psychological abuse or exploitation of any person;
- to handle the equipment of the customer and of every stakeholder in the project with care;
- to show respect for the environment, including flora and fauna, and promote this;
- to show the greatest discretion in handling confidential information of both customer and/or stakeholder materials.
3. ORDERING AND ANNULATION
All orders must be confirmed in writing, either by post, email or contract, by TALENTMAKERS BV and by the customer. Quotes are without obligation.
3.1 Customisation & Services
Unless explicitly stipulated otherwise, a custom-made order will only be accepted and its execution will only be started by TALENTMAKERS BV subject to full prepayment of an advance payment of:
- 100% of the cost for customisation,
- 25% of the value for services to be provided.
An order for custom work or services can only be cancelled in writing. The cancellation is only valid subject to written acceptance by TALENTMAKERS BV. In that case, the customer shall owe at least a fixed compensation of 25% of the value of the order for custom work and services, subject to the possibility of claiming a higher remuneration due to the actual damage suffered by TALENTMAKERS BV.
In the event of cancellation or postponement by the customer of a (full or partial) order for custom work or services equal to or less than 24 hours before the date on which its execution is scheduled, compensation of two-thirds of the amount of the order will be invoiced by TALENTMAKERS BV.
3.2 Online Services
Ordering the online service, Start-to-Lead®, provided to the customer exclusively via the website www.talentmakers.eu or www.starttolead.eu of TALENTMAKERS BV takes place by means of a digital remote agreement with the customer.
The customer can revoke the online service Start-to-Lead® free of charge for 7 days from the day following the conclusion of the remote contract without giving any reason. In this event, the customer reports this by e-mail to [email protected]
I/We hereby give notice that I/We hereby revoke our contract for the provision of the following services: [indication of service] and the provision of the following digital content: [indication of digital content revocation/revoked*:
“Ordered on*/received on* [date of ordering services]
” [Name customer(s)]
” [Address customer(s)]
” [Signature customer(s)]
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer.
TALENTMAKERS BV shall reimburse all payments made by the customer, free of charge for the latter, immediately but at the latest within 14 days from the day following the revocation.
4. DELIVERY AND ACCEPTANCE
Delivery terms are only given by way of information and are not binding, unless expressly agreed. However, TALENTMAKERS BV strives to respect the delivery deadlines and will inform the customer of any delays. Delays in the execution of the order can never be a reason for damage compensation or for dissolution of the agreement or cancellation of the order.
The client should immediately receive and check any reports drawn up by TALENTMAKERS BV. Complaints are only valid if made in writing, within eight days after delivery and in any event before use, under penalty of forfeiture of the complaint.
All information provided by TALENTMAKERS BV is always subject to errors, mistakes or incorrect information by the customer. Photos or audio-visual productions on the website of TALENTMAKERS BV are purely informative and in no way binding.
Adjustment of the services provided requested by the customer may result in extra time expenditure and additional costs and remuneration for TALENTMAKERS BV.
TALENTMAKERS BV will inform the client in good time or before the start of the additional time expenditure and incurring additional costs. The customer decides whether the requested processing will be carried out at the agreed surcharge.
5. INVOICING AND PAYMENT
Invoices are payable in cash, unless otherwise stipulated. Objection to invoices must be submitted to TALENTMAKERS BV in writing and by registered mail within five working days of the invoice date. In the event of non-payment of an invoice on the due date, it shall be increased ipso jure and without notice of default being required, with a fixed compensation clause of 10% on the total amount of the invoice in question with a minimum of € 150 and late interest of 12% per year until the date of actual payment.
To ensure the security of your order of the online service Start-to-Lead®, TALENTMAKERS BV co-operates with authorised payment partners PayPal, and/or Stripe, and/or Mollie. Online payments are carried out through a closed security system, in which your bank details are always encrypted when sent over the internet (SSL). Loss or theft of your identity or credit card data is kept to a minimum. TALENTMAKERS BV believes it has taken all possible and relevant precautions and thus acts as a normal, forward-looking and careful online intermediary. Possible identity theft or financial theft can therefore not be invoked against TALENTMAKERS BV.
6. INTELLECTUAL PROPERTY
6.1. The documents provided to the customer before or after the conclusion of the agreement are protected by copyright and remain the property of TALENTMAKERS BV. They may not be used, copied, reproduced, transferred or notified to third parties by the customer without the latter’s consent. Any software and the source code are also protected by copyright and remain the property of TALENTMAKERS BV. They may not be copied or transferred by the customer without the latter’s consent.
6.2. The full property of intellectual rights on the services, concepts or designs in general provided by TALENTMAKERS BV and the texts on the website www.talentmakers.eu, academy.talentmakers.eu or www.starttolead.eu and the online learning and support programme Start-to-Lead® in particular remains exclusively with TALENTMAKERS BV, unless explicitly agreed otherwise in writing.
6.3. For promotional purposes, TALENTMAKERS BV is entitled at all times to refer to the services and/or products delivered as a reference, stating the customer’s identity details, unless expressly agreed otherwise.
7. LIABILITY AND INSURANCE
The services provided by TALENTMAKERS BV constitute a best-efforts obligation and comply with the standards and practices of care, skill and diligence usually applied by similar companies under similar circumstances at the time of ordering and meet the agreed specifications and requirements stated in the order.
TALENTMAKERS BV shall only be liable for direct damages that are the direct and inevitable consequence of its gross negligence, grave error or intent in the context of the implementation of the order. Under no circumstances can it be held liable for compensation of indirect damage such as loss of profit, loss of customers, any form of interest, (collection) costs….
The liability of TALENTMAKERS BV is always limited to the total value of the order or, in the absence of such a valuation, will never exceed a maximum amount of 5,000 €.
All information (including documents, files, images, presentation decks or methods, creative content and ideas, software, financial information, customer information …) of any nature whatsoever made available to one of the parties in any way whatsoever is and remains the property of the party that originally owned the information; will be treated confidentially by the other party and will not be communicated or disclosed in any way to any third party without the prior written consent of the owner; will only be used for the purpose for which it was made available, and will be returned at the first request of the owner.
9. EARLY TERMINATION AND FORCE MAJEURE
Either party may terminate the performance of the order prior to delivery or acceptance by written notice to the other party: (i) if the other party has committed any act that is dishonest, disloyal, corrupt or fraudulent, (ii) if the other party is grossly negligent, wilfully misbehaved, fails to perform a professional or ethical obligation in connection with the performance, or (iii) if the other party infringes any material provision or condition and fails to resolve the situation within 10 days of receipt of a written request to do so; (iv) if a case of force majeure persists for more than 1 month and the parties have failed to find an appropriate solution, (v) with immediate effect if the other party would be declared insolvent or bankrupt or would make a transfer or other arrangement for the benefit of its creditors.
No party shall be liable for failure to perform its obligations (subject to payment of any amounts due) where such failure is due to causes beyond its reasonable control, such as, but not limited to, fire, flooding, strikes, social unrest, war (whether declared or undeclared), embargoes, blockades, legal restrictions, government regulations.
Termination shall be without prejudice to any rights that either Party may have with respect to any breach by the other Party of any of the provisions if such breach occurred prior to termination.
10. NULLITY, APPLICABLE LAW AND DISPUTES
The parties acknowledge that the nullity of one of the clauses of the agreement does not entail the nullity of the entire agreement. In that event the parties undertake to replace the void clause with a legally valid clause that is as close as possible to the original intention of the parties.
These general purchase terms and conditions and their application in the execution of orders or deliveries of goods are governed by Belgian law. Any disputes arising in this respect which cannot be settled amicably between the parties will be submitted to the courts of Leuven, Belgium.