Terms and Conditions
These are the Terms and Conditions (“T&C”) of IANKA FLEERACKERS Comm. V., with registered offices at Nieuwstraat 84, 2880 Bornem and business registration number BE0824.677.865 (hereafter: “the Company”).
- Applicability - These T&C apply to every offer, every quotation and every agreement concluded with regards to all products and services offered by the Company. The applicability of the Terms and Conditions of the Client is excluded. In addition to these T&C, special terms and conditions as stated in a quotation may also apply. In case of ambiguity, inconsistency or conflict between the provisions of a quotation and these T&C, these T&C’s prevail, unless the quotation explicitly deviates from a provision of this T&C.
- Webshop – All trainings, events and programs are available on the website (ianka.eu or www.iankafleerackers.com) or on request and can be purchased via the Company’s webshop. All quoted prices are VAT exclusive.
The Client who wishes to purchase a certain training, event or program, follows the ordering process on the webshop whereby he needs to fill out his invoice details. After completion of the ordering process, the Client will receive his/her invoice.
In case the Client wants to use the KMO Portefeuille, hereafter “KMOP” (more information in www.vlaio.be), he will be asked to pay the VAT in order to complete the ordering process. Without payment of the VAT, the purchase is not completed and not accepted. After payment of the VAT, the Client needs to file his/her request with VLAIO and follow VLAIO’s further payment instructions to obtain the KMOP. The Client understands and accepts that the granting of the KMOP implies the fulfilment of certain administrative obligations e.g. signing the attendance list and filling out the evaluation form. In the event the failure to comply with these administrative formalities leads to the non-assignment of the KMOP, the Client is still bound by the order and must pay the invoice in accordance with article 3 of the T&C. The same applies to the Client who would, for some reason, not be accepted by VLAIO to obtain the KMOP.
- Changes & Cancellation - The Client understands and accepts that any training, event or program can be subject to changes or cancellation in case of circumstances or causes beyond the Company’s reasonable control, including, without limitation, fire or other casualty, internet interruptions, electricity interruptions, viruses that are not filtered by reasonable antivirus software, illness, epidemic or pandemic, strike or labour dispute, war or other act of violence, or any law, order, or requirement of any governmental agency or authority.
In case of cancellation of a training, event or program, the Company will, as soon as reasonably possible, provide a new date.
In case of changes to a training, event or program, the Company will inform the Client as soon as reasonably possible. Changes to the date or venue or the fact that a training, event or program will be held online instead of live (or the other way round), never implies the right for the Client to cancel his/her participation and/or demand for a refund or discount.
In case of cancellation by the Client of a coaching or training session the cancellation policy depends on whether the coaching or training session was planned to take place online or offline (i.e. “live”):
- Online: Cancellation and rebooking is possible up until 48hours on beforehand. No refunds possible.
- Offline: Cancellation and rebooking is possible up until 10 calendar days on beforehand. No refunds possible.
The Client can cancel his participation to Events (i.e. group events (online or offline) which take place at a fixed date and are offered at a fixed rate) up until 14 calendar days in advance, whereby the Company will charge an administration fee of 150EUR and the Client pays 50% of the participation fee. Cancellation of the participation to any event, less than 14 calendar days in advance is not possible. Participation to events cannot be postponed and the Client won’t receive a refund in case of partial participation to any event.
Any cancellation without notice (“no show up”) to any individual or group coaching, training or Event: the session will be 100% payable and no refund is possible.
Notwithstanding the foregoing paragraphs, the following cancellation policy is applicable to a Combined Program (i.e. a program which consists of a series of event(s) and/or training(s) and/or coaching(s), online and/or offline and which must be finalised within a certain period of time): the access to the program as well as the possibility to book the training(s) and/or coaching(s) expires together with the expiry of the program. The cancellation by the Client of e.g. an event, a training,… which is part of the Combined Program never gives rise to any refund.
- Quotations & Orders – The Company’s quotations are indicative, non-binding, and always subject to review of the materials or information supplied by the Client for the execution of assignments. Quotations only become legally valid as an agreement when signed by the Client and by the Company.
Any changes to the original assignment, of any nature whatsoever, by or on behalf of the Client, must be requested in writing and will be charged by the Company and billed on the following invoice.
- Invoices & payment – All invoices are payable within 14 days after receival of the invoice by the Client. Notwithstanding the foregoing, all invoices must be fully paid, in any event, before the start date of the training, event or program to which they relate.
In case the Client places an order via the webshop, payment can be done by using the payment methods available on the Website (e.g. Stripe,…). In all other cases payment can also be done by bank transfer to the following bank account number of the Company: IBAN BE 25 7360 5065 5282 – BIC KREDBEBB and using the order number as reference.
Non-payment of an invoice on the due date will, by operation of law and without prior notice of default, give rise to an interest of 1% per month (whereby each started month will count as a full month), as well as an additional compensation of 10% of the invoice with an absolute minimum of 150 EUR, without prejudice to legal and other costs and damages. In the event of (partial) non-payment of even one invoice, all outstanding, even non-expired amounts will become immediately due and payable.
Any complaints on invoices must be done in writing, within a period of five (5) calendar days after receival, by stating the reasons for complaint, failing which they are deemed to have been accepted.
- Services – The Company may provide the following services: online trainings, seminars (online or offline) or a program which may consists of (personal) trainings (online or offline), events, home assignments and preparations,....
The Client understands and accepts that the access to any online program is limited to 90 calendar days – unless stated otherwise in the offer of any program - starting from the first day of granted access by the Company without the possibility of prolongation.
The Company undertakes to provide the services, which are considered as obligations of means, in a professional manner, with all reasonable skill and care, in accordance with the relevant standards and requirements (including good industry practices) and in accordance with the present T&C, the quotation and all applicable laws. The Client understands and accepts that the outcome and/or result of any training, event or program entirely depends upon his/her own capabilities, efforts and performance.
- Fair and Safe Use – The Company’s online trainings, online events and online programs are subject to the Fair and Safe Use by the Client. The Client will refrain from using or having them used for unlawful acts, committing criminal offenses and/or for acts damaging the image or reputation of the Company. The Client is responsible and liable for the confidentiality and use (i) of its access codes and e-mail addresses, and (ii) for the use of the available content.
When activities contrary to the provisions of this article are established, the Client’s account will be closed immediately and/or the Company can take one or more of the following actions depending on the nature of the violation: permanently terminate the services to the Client concerned; charge additional costs and fines; remove the content in question; take all necessary steps to end the abuse. The Client will indemnify and hold the Company harmless when activities contrary to the provisions of this article are established.
- Intellectual Property – The Company’s intellectual property rights to her ideas, concepts, developments, programs, trainings, publications and any other work belong exclusively to the Company. The Client shall immediately inform the Company of any infringement by third parties of the Company’s intellectual property rights of which he is informed.
By obtaining access to the Company’s trainings, events and/or programs, the Client obtains the right of use of the materials provided herein for personal use only. None of the materials provided herein can be subject to any further distribution, commercialization, adaptation and/or translation without the Company’s explicit and prior approval.
- Liability and insurance – the Company is not liable for any direct or indirect damage of which she has not explicitly determined her liability in this T&C.
With regard to services from third-party suppliers (such as the online training platform- provider), the Company does not accept liability in excess of or other than the liability the third-party suppliers are willing to accept for their products or services.
The Client undertakes to indemnify and hold the Company harmless against all claims from third-party’s relating to their intellectual property rights on materials provided by the Client.
The Company will never be liable for any indirect and/or any consequential damage such as loss of revenue or profit, increase in operational costs, loss of clientele by the Client or third parties in relation to the Client. In any case, the total liability of the Company will always be limited to direct damages and will never amount to more than the price the Client paid to the Company for the services that directly gave rise to the claim. This amount can never exceed a maximum of 25.000 EUR.
- Miscellaneous - The Client may not assign or otherwise transfer the agreement to a third party, without the prior written approval of the Company.
If any provision of this T&C or the quotation is found by a court of competent jurisdiction to be unenforceable or invalid, such provision shall not affect the other provisions, and such unenforceable or invalid provision shall be deemed modified to the extent necessary to render it enforceable and valid, preserving to the fullest extent permissible the intent of the parties set forth.
The Client shall not use the Company’s trademarks, tradenames, logos, and/or branding in external publicity material without the Company’s prior written consent. The Company may refer to the name of the Client and its performance of the services in marketing and publicity materials as an indication of her experience.
- Governing Law and Dispute resolution – These T&C, including all matters connected therewith, shall be governed by, and construed in accordance with, the laws of Belgium.
Parties agree to attempt in good faith and without delay to resolve any dispute or claim arising out of or in connection with the T&C or quotation promptly through negotiations. If no solution is found within thirty (30) days following the notification of the dispute by the complainant to the other party, either party may bring the case before the courts of Mechelen, which will have exclusive jurisdiction.