General terms and conditions
1. Acceptance/application of the general terms and conditions of HAPPY MONDAYS
The customer acknowledges having taken full cognisance of the general terms and conditions of HAPPY MONDAYS as shown here, and declares to accept them without reservation. These general terms and conditions can also be consulted on the website www.happymondays.be.
The general terms and conditions shown and the contract are the only valid contractual relations between HAPPY MONDAYS SPRL (the service provider) and the customer. The customer cannot invoke any other conditions without the express agreement of HAPPY MONDAYS.
The failure of HAPPY MONDAYS to invoke any of the clauses reflected in the general terms and conditions does not constitute a waiver of the generally applicable nature of the clause concerned or of the general terms and conditions as a whole.
If one of the clauses of the general terms and conditions displayed should be declared inapplicable, this shall in no way affect the validity and applicability of the other clauses.
The services are ordered in writing by sending either an order form, or by returning a signed offer or a written confirmation by post, fax or e-mail. Telephone orders must be confirmed in writing before the start of the service. By ordering, the customer and/or principal accepts the general terms and conditions of Happy Mondays bvba. The order is valid for a period of one year after the start date of the training. If the customer and/or client does not take up the training within this term, the customer and/or client shall nevertheless owe 100 % of the agreed price shall be due. After this term, the training will be automatically closed without further notice.
3. Prices in general
All prices are shown in EURO and each order/service is payable in EURO.
The prices displayed are EBTW. The applicable VAT is 21% payable by the customer.
HAPPY MONDAYS reserves the right to adjust prices, rates and offers at any time. The amount invoiced to the customer is the price applicable at the time the contract is concluded. The minimum invoiced amount is calculated based on the number of participants starting the training course. If additional participants join the group during the course of the training, Happy Mondays will invoice the additional price for this at the end of the project.
4. Term/Payment method
All projects are invoiced at the start of the respective project. A payment term of 15 days applies. In case of non-payment or in case of partial payment of the invoices within the contractual term, the price/balance will be increased automatically and without formal notice, by a late payment interest of 12% per year and a fixed and non-deductible compensation of 10% with a minimum amount of EUR 125.00.
Non-payment of a single invoice on the due date entitles Happy Mondays to claim the balance due on all other invoices immediately and without notice, even for invoices not due.
HAPPY MONDAYS is not responsible for problems and payment delays associated with the operation of electronic payments.
HAPPY MONDAYS is not responsible for incomplete or incorrect communication of billing information by the customer. For the correction/adjustment of an already prepared invoice, we will charge an additional administrative cost of 50,00 €.
5. Execution period
The service/training shall be provided in accordance with the contractual provisions.
The deadline is given as an indication. The customer expressly acknowledges that the performance period constitutes an obligation of means on the part of HAPPY MONDAYS. Exceeding the deadline cannot be invoked as a motive for breach of contract at the expense of HAPPY MONDAYS, nor can it give rise to any fine, penalty or other in favour of the customer.
No responsibility can be attributed to HAPPY MONDAYS in the event of default or delay in performance as a result of causes beyond its control, including non-exclusively: absence of the available trainer due to force majeure, strikes, riots, weather conditions, failure of IT network, a problem linked to (inter)national transport, (etc. …), provided that HAPPY MONDAYS takes all necessary measures to solve the problem as soon as possible.
6. Cancellation conditions
Per project, only the cancellation conditions described in the corresponding offer apply.
No responsibility can be attributed to HAPPY MONDAYS in the event of default or delay in the execution of the contract as a result of causes beyond its control, including non-exclusively: absence of the trainer due to force majeure, strikes, riots, weather conditions, failure of the IT network, a problem linked to (inter)national transport, (etc ), provided that HAPPY MONDAYS takes all necessary measures to solve the problem as soon as possible.
HAPPY MONDAYS can only be held liable in the event of fraud, and in any case only for the amount invoiced to and paid by the customer, and which only relates to the service provision in question.
Under no circumstances shall HAPPY MONDAYS be liable for direct and indirect damage suffered by the customer, such as: increase in overheads, loss of customers or profit, disappearance, replacement or damage of electronic or other data. This enumeration is not exhaustive.
Theft of equipment supplied or damage caused to the trainer’s equipment during the training is entirely the responsibility of the customer.
8. Protection of privacy
HAPPY MONDAYS respects the protection of privacy in accordance with the legal provisions applicable to personal data communicated by the customer. (Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data).
At any time, the customer has the right to rectification and opposition regarding his personal data.
He may oppose receiving promotional offers and publicity from HAPPY MONDAYS or from other commercial partners. He may also oppose the transmission of his data to contractual commercial partners of HAPPY MONDAYS.
9. Protection of intellectual property rights
The intellectual property rights, including copyright, of the training courses belong to Happy Mondays, unless expressly agreed otherwise. The material developed by Happy Mondays for the purpose of the trainings may only be used by the customer and/or client for their own internal use. If violations are established, the customer and/or client will be held liable for compensation. In any case the customer and/or principal shall lend his cooperation to recover damages from third parties from the vicinity of the customer and/or principal who would be guilty of violations of Happy Mondays’ intellectual property rights.
Any complaint must be submitted within 7 days of the invoice date to the registered office of HAPPY MONDAYS by registered and reasoned letter. If not, the invoice is deemed to have been accepted without any dispute.
HAPPY MONDAYS undertakes to follow up the complaint as soon as possible. In any event, HAPPY MONDAYS and the customer prefer an amicable settlement.
Under no circumstances does a complaint exempt the customer from payment.
The contract of a project expires after the last session of the project in question has ended. Under no circumstances can the customer terminate his contract early without the prior and express consent of HAPPY MONDAYS.
12. Competent courts and applicable law
Any dispute relating to the present contract is subject to the jurisdiction of the cantonal courts and tribunals of the district of Brussels, to the exclusion of all others.
Only Belgian law shall apply.