Effective date: September 1, 2020
Your Azure Coach is the commercial name for VANHOUT-O-MATION BV, with company number BE 0695.870.377, registered in the Belgian Kruispuntbank van Ondernemingen (KBO).
VALIDITY AND ACCEPTANCE OF THESE TERMS
These general conditions apply to all agreements between VANHOUT-O-MATION BV and its customers, provided there is no deviation in special conditions or agreements. Our general and our special sales and delivery conditions are considered to be accepted by our client, even if it would conflict with his own general or special conditions. The latter are only binding when we have explicitly accepted them in writing. Our agreement may in no case be derived from the fact that we accepted the trade agreement without protesting against the provisions related to the general or special conditions or other similar provisions of the buyer. The appointee, employee, spouse or any other relative of the purchaser represents him and is supposed to have the necessary mandate to legally bind the purchaser to us.
QUOTATIONS AND ORDERS
All quotations are valid for 60 days from its date unless otherwise stated in the quotation. Publicly announced price lists are subject to change without prior message. Any order or commission made by the customer is binding, but VANHOUT-O-MATION BV is only bound after written confirmation. Taxes regarding the ordered products are not included in our prices.
COMMITMENTS
Our intermediaries, representatives, agents and employees have no right to bind VANHOUT-O-MATION BV in any way. Orders or contracts made by them are valid only after written confirmation by a delegate director or a duly authorized person of VANHOUT-O-MATION BV. We reserve the right to refuse orders which we have not confirmed in such way.
APPLICATIONS
Enrollments for courses can only be done in writing (letter, email or via our website). The date of registration shall be the date of receipt of the registration. Telephone registrations must still be written and confirmed within 3 working days. Applications must be sent to:
Your Azure Coach
Zweepstraat 49
8520 Kuurne
E-mail: info@yourazurecoach.com
Website: www.yourazurecoach.com
Enrollments are only definitive after confirmation by VANHOUT-O-MATION BV. When someone enrolls for a training course, they automatically agree to the processing of the personal data that they provided during the enrollment. These personal data will only be used in the context of the selected training.
FEES, BILLING AND PAYMENT
The course fees are listed on the website. These rates are VAT excluded. VANHOUT-O-MATION BV reserves the right to adjust its course fees, unless the course fee has been confirmed to the client in writing. Payment must be made within the period indicated on the invoice by payment of the billed amount shown on the invoice to the account of VANHOUT-O-MATION BV, stating the invoice number. In case of advance billing, VANHOUT-O-MATION BV reserves the right to deny access to the course if the invoice has not been paid on the date of commencement of the course.
CANCELLATION, POSTPONING OR REPLACEMENT
Open trainings
- Cancellations up to 8 days before the training are at no charge
- Cancellations after this date, as well as no-shows, will be liable for the full registration fee
- Substitutions may be made at any time via a written notice
- Cancellations or changes must be communicated via info@yourazurecoach.com. The date of receipt counts as a valid cancellation date
In-company trainings
- The training takes place on the date, location and time agreed by both parties
- The client foresees the training accommodation and lunch, unless agreed differently
- Cancellations up to 8 days before the training are at no charge
- Cancellations after this date, will be liable for the full registration fee
- Substitutions of attendees may be made at any time via a written notice
- Cancellations or changes must be communicated via info@yourazurecoach.com. The date of receipt counts as a valid cancellation date
Dedicated online trainings
- The training takes place on the date, location and time agreed by both parties
- Cancellations up to 8 days before the training are at no charge
- Cancellations after this date, will be liable for the full registration fee
- Substitutions of attendees may be made at any time via a written notice
Cancellations or changes must be communicated via info@yourazurecoach.com. The date of receipt counts as a valid cancellation date.
PREVENTION
VANHOUT-O-MATION BV will make every reasonable effort to ensure the courses or exams will take place as scheduled. VANHOUT-O-MATION BV shall not be liable if a course in whole or in part needs to be cancelled because of reasons of force majeure. The reasons of force majeure will be considered all circumstances of such a nature that fulfilment of the agreement couldn’t reasonably be expected from VANHOUT-O-MATION BV, and in any case the partial or total failure of a third party, government measures, illness of irreplaceable staff, business- or other disorders, seizure, fire, defects in the course material, and furthermore any other fact that VANHOUT-O-MATION BV could not reasonably have foreseen, or on which no influence could be exercised. If VANHOUT-O-MATION BV due to force majeure could not or could only partially provide a course, it is entitled to postpone the course or to wholly or partially dissolve this agreement, in which case the client will be refunded a fair share of the total fee, in which case VANHOUT-O-MATION BV of all its obligations will be discharged.
The foregoing list is not restrictive. VANHOUT-O-MATION BV has no obligation to prove the unforeseeable nature of the circumstances that force majeure. The client is not entitled to any compensation.
LIABILITY
Although VANHOUT-O-MATION BV will endeavor to teach courses to the best of its ability, the company – except in cases of intent or gross negligence on the part of the company or its managers – is not liable for any of the clients or his staffs claimed damages, including damage directly or indirectly arose from or otherwise regarding the use of the course material, the content of the course, the application or its outcome. The client obligates himself to indemnify the company for possible claims by third parties for such damages. Any possible liability of the company for damages is in any case limited to the fee the client paid for the relevant course(s).
COMPLAINTS
Any complaint regarding services or goods must be notified to us by registered letter or email within eight days after the execution of the service or delivery of the goods. After this period, the complaint will not be observed. Any complaint regarding our invoices must be sent to us by registered letter or email within 10 days after their receipt. When this does not happen, the invoices are regarded as accepted, without reservation. A complaint can’t in any case justify a suspension of payment.
PAYMENT
Any order placed by the customer is final, regardless of whether or not an advance was paid. The advance paid by the buyer will be deducted from the order price. All invoices are payable at our registered office, in cash, net and without discount, unless otherwise stated on the invoice. All invoices are due 30 days after invoice date, unless otherwise stipulated in the Specific Conditions. The absence of written protest of an invoice within 8 working days after the sending, implies the irrevocable acceptance of the invoice and the mentioned services.
The expiry of the payment period shall inform the customer in default by operation of law and without prior notice. From the expiry of the payment period a conventional interest will be charged, equal to the interest rate as specified in article 5 Payment Law (law 2.08.2002, BS 7.08.2002), plus 3%. The non-payment on the due date of a single bill, the protest of a bill (even if it was not accepted), any application for composition amicable or court, any request to delay payment, even official, or any other fact that shows the client’s inability or failure to pay, makes the balance of all the other, not even expired invoices immediately due and payable without notice. Moreover, VANHOUT-O-MATION BV reserves in these cases the right to, without notice, suspend all deliveries.
RECORDINGS
Unless explicitly approved by a written confirmation (email), online trainings must not be recorded or distributed in any manner.
AZURE ENVIRONMENT
The Azure environment to which the participants get access to execute lab exercises can only be used within the context and scope of these exercises. Other usage or abuse of the Azure environment is not tolerated.
SOLIDARITY
If the invoice at the request of the client was prepared in the name of a third party, the client and the third party are jointly liable for the payment and other obligations arising from the general and special Terms and Conditions.
EXPLICIT TERMINATION CLAUSE
The parties expressly agree that the provisions of this clause warrant an explicit termination. Notwithstanding its right to compensation, maintains VANHOUT-O-MATION BV the right to dissolve or terminate this contract at any time without notice or compensation, because of the non-payment on the due date of a single bill, the protest of a bill (even if it was not accepted), any application for composition amicable or in court, any request to delay payment, even official, or any other fact which the customer is clearly failing to pay.
EXCLUSIVE JURISDICTION
Any dispute regarding this contract falls exclusively within the competence of the courts of the judicial district of Kortrijk and, where appropriate, under the jurisdiction of the Peace Judge of the first canton in Kortrijk. These courts are explicitly recognized and accepted as the only competent jurisdiction by both parties. Any dispute between the customer and VANHOUT-O-MATION BV is exclusively under the jurisdiction of Belgian law.