FOR COMPANIES OR LOCAL AUTHORITIES

General terms and conditions of sale

1. PURPOSE

  • This document, hereinafter “General Terms and Conditions of Sale” (“GTCS”), applies to all training offers made by the Company, a subsidiary of the ABILWAYS group and constituting an order by the Customer, namely face-to-face and e-learning training, corresponding to training modules in a secure electronic environment, in e-learning mode (or Open and Distance Learning - ODL), accessible from its platform.
  • The order is considered firm and definitive when the customer returns, by any means, the signed registration form signed (fax, electronically, post). For each training course, the Customer receives two copies of the training contract, one copy of which must be returned to us signed and bearing the Customer’s business stamp.
  • The act of placing an order implies the Customer’s full and unconditional acceptance of these GTCS and their appendix, the Customer guaranteeing that they will be complied with by all its employees, representatives and agents.
  • The Customer acknowledges in this respect that, before signing the order form, it was given sufficient information and advice by the Company, thereby enabling it to ensure that the service offer matched its requirements.
  • The Company reserves the right to revise these general terms and conditions at any time, the new terms and conditions applying to any new order, regardless of how long relations have existed between the Company and the Customer.
     

2. PRICE

  • The price per participant is indicated on each training sheet. Prices can also be consulted on the Company’s website and in the current year’s training catalogue.
  • Registration is made in the name of the natural person (participant) but the Company’s Customer is the firm or institution (contracting party) as indicated on the registration form and which will be paying for the training.
  • All prices shown are in Euros, excluding VAT, and so VAT at the rate applicable at the date of registration needs to be added.
  • Any training session or any cycle that has been started must be fully paid for by way of compensation, even if the participant did not attend.
  • Our price is a package price. For face-to-face training, or cycles including part face-to-face training, prices include the training documentation provided at the sessions.
     

3. PAYMENT

  • Payment of the entire price of the training must be made on registration, or on receipt of the invoice, in cash, with no discount, by transfer unless other specific requirements. Any payment after the due dates indicated on the Company’s invoices will give rise to the application of late payment penalties equal to 3 times the legal rate of interest in force and to a fixed charge of €40. They are payable without need of formal notice.
  • Tout paiement postérieur aux dates d'échéance figurant sur les factures de la Société donnera lieu à l’application de pénalités de retard égales à 3 fois le taux d'intérêt légal en vigueur et à une indemnité forfaitaire de 40 €. Elles sont exigibles sans qu’il soit besoin de mise en demeure.
  • The Company reserves the right:
    - to exclude the participant from the training if the Customer has not sent its order form to the Company before the start of the training;
    - to exclude from any face-to-face training, and this at any time, any participant whose behaviour interferes with the smooth running of the training and/or is in serious breach of these GTCS;
    - to suspend from access to an e-learning training module, any participant who makes false declarations on registration; in this case no repayment is made;
    - to refuse any registration on the part of a Customer for a legitimate and non-discriminatory reason, and specifically to refuse any order from a Customer when there has been a dispute regarding the payment of a previous order.
     

4. CANCELLATIONS / REPLACEMENTS / POSTPONEMENTS

  • Communicated in writing:
    - cancellation of face-to-face training sessions gives rise to a refund or a credit note for the full amount if it is received fifteen days at the latest before the start of the training. Received later than this, the contribution amount withheld, as flat-rate compensation, will be 30 % if cancellation is received 10 days inclusive before the start of the training, 50 % if it is received less than 10 days before the start of the training or 100 % if the Company receives cancellation less than three days before the start date. However, if concomitantly with the cancellation, the participant registers for another training session scheduled in the same year as the initial one was, no flat-rate compensation fee will be withheld, unless this new registration is cancelled, regardless of when:
    - e-learning training cancellations, even if they include a face-to-face session, are subject to a compensation fee corresponding to the registration cost of that training.
    - the retraction fee can in no way be charged to the amount of the participation in the development of vocational training.
  • For face-to-face training, replacement participants are accepted at any time, free of charge. The names and details of the replacements must be communicated in writing.
  • For e-learning training, replacement participants are accepted, free of charge, on the condition that the Company is informed seven days in advance. The names and details of the replacements must be communicated in writing. Failing which, a compensation fee corresponding to the registration cost for that training will be due to the Company.
  • If the number of participants on a training programme is deemed insufficient for teaching reasons, the Company reserves the right to cancel that training at the latest one week before the scheduled date. Registration fees already paid will be refunded in full, or if preferred, a credit note will be issued.
  • The Company reserves the right to postpone training, to change the location where it is to be held, the programme content or the trainers, while maintaining the same quality of the initial session if circumstances beyond its control make it necessary.
     

5. E-LEARNING

  • For “e-learning” product orders, the special conditions for access to the modules, together with their features, are set out in the “SPECIFIC E-LEARNING TERMS AND CONDITIONS” which are included in a separate document.
  • The latest versions of the document are available on the Company’s website.
  • Adherence to the Specific Terms and Conditions implies adherence to these GTCS.
     

6. LIABILITY - INDEMNITIE

  • The employer – or the participant, as the case may be – undertakes to subscribe to and maintain, in case the need should arise and for the duration of the training, liability insurance coverage for direct and indirect physical injury, material damage, consequential damage which could be caused by its actions or those of its employees, prejudicing the Company. It also undertakes to subscribe to and maintain liability insurance also specifying the Company as an insured for all actions that could have an adverse effect on third parties which might be caused by the participant and containing a waiver of defence clause so that the Company cannot be involved or pursued.
  • The Company’s liability towards the Customer is limited to the compensation of direct damage proven by the Customer and is in any case limited to the amount paid by the Customer for the service provided.
  • In no way can the Company be held liable for indirect damage such as losses of data, files, operating loss, commercial damage, loss of earnings or damage to image and reputation.
  • In any event, the Company’s liability is excluded in the case of force majeure.
     

7. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

  • The Customer can only use the Company’s proposals, work, studies and concepts, methods and tools for the purposes stipulated in the order.
  • The Company is sole owner of the intellectual rights relating to the training it dispenses; hence, all the teaching aids, in whatever form (hard-copy, digital, oral…) used within the framework of the order remain its exclusive property.
  • The Customer undertakes not to use, reproduce, directly or indirectly, in whole or in part, to adapt, modify, translate, represent, commercialise or disseminate to members of its staff who do not attend the Company’s training or to third parties the course aids or other teaching resources made available without the express written consent of the Company or its eligible persons.
  • The parties undertake to keep confidential the information and documents of a business-related, technical or commercial nature regarding the other party, to which they might have access during the execution of the contract.
     

8. COMMUNICATION

  • The Customer accepts being quoted by the Company as a Customer of the service offer in the context of its commercial activity, at the Company’s expense.
  • To this end and subject to compliance with the provisions of article 7 above, the Company can mention the name of the Customer, together with an objective description of the nature of the services, in the list of its references used for both external and internal communications.
     

9. DATA PROTECTION

  • In accordance with the modified law of 08/12/92 relating to the protection of personal privacy and to the General Data Protection Regulation of 27/4/16, the Company processes personal data in order to manage registrations. The information requested of you is needed to deal with your registration and is used by departments within the Company. You can access this information and ask the Company to rectify it, via an online request (correctionbdd@ifexecutives.com) or by post to: EFEB SA / NV – 41 Rue de la Science – 1040 Brussels indicating your name, first name and address.
  • Our addresses may be exchanged, sold or rented to other Companies for commercial prospection purposes. You can oppose the communication of this data, as indicated above.
     

10. CONTEST AND DISPUTES

  • Any dispute which has not been settled amicably will be subject to Belgian law and brought before the Commercial Court of Belgium.

 
EFEB SA / NV – 41 Rue de la Science – 1040 Brussels

Tél. : +32 (0)2 533 10 20
E-mail: help-ife@abilways.com
Site: https://www.ifebenelux.be

 

Specific e-learning terms and conditions


1. PURPOSE OF THE CONTRACT

  • These terms and conditions govern Customers’ access and use of the Company’s platform for the execution of the e-learning services listed in the article entitled “PURPOSE” of the GTCS, without being exhaustive.
  • Adherence to the Specific Terms and Conditions implies adherence to the GTCS
     

2. ACCESS TO THE SERVICE

a. Technical prerequisite

  • The Customer must ensure beforehand, and throughout the whole period of utilisation of the service, that its technical environment is permanently compatible with the platform used by the Company.
  • After the pre-test, it will not be able to claim incompatibility or lack of access to the module(s).


b.  Access to the module(s

  • The natural person registered by the Customer for the training (the “beneficiary”) obtains access to the module via remote access on to the platform.
  • After receipt of the order form signed by the Customer and of payment, the Company sends the identifiers to the beneficiary (user name and password) enabling access to the training platform with “work completion traceability” (duration and connection times) and the marks given for the exercises proposed.
  • If the training is taken on in whole or in part by a collecting agency, the identifier and password will be sent to the user once the Company has received the agency take-on agreement.

     

3. USE OF THE SERVICE

a. Right of personal use

  • The identifiers delivered electronically to the beneficiary are personal and confidential and shall under no circumstances be passed on to and/or shared with another person, be it a Company employee or not, or resold, unless express notification is given, before the first connection, of the change of beneficiary under the terms of the article entitled “CANCELLATIONS / REPLACEMENTS / POSTPONEMENTS” in the GTCS.
  • If the beneficiary loses his/her identifiers, the Customer undertakes to inform the Company immediately. Failing which, the Customer will be responsible for any fraudulent or abusive use of the identifiers.
  • If the Company becomes aware of the identifiers being passed on or shared, the Company reserves the right to suspend access to the platform, without indemnity or notice.

b. Term and guarantee of the service

  • Access to the training ordered is valid for the term specified in the order, and is available 24 hours a day, 7 days a week. There is no limit on the duration of each connection, unless there happens to be a breakdown or specific technical problems involving the internet network.
  • The Customer undertakes to notify the Company within 24 hours if there is a technical malfunction.


1.  Technical malfunction.
The Company undertakes to resolve any technical malfunction within 24 working hours. After this time, the Company will extend the period of access to the module for a period equal to that during which it was unavailable. Nevertheless, the Company cannot be held liable for connection difficulties if there is a break in internet access or a break in connection, specifically due to

  • a case of force majeure
  • cuts in power supply
  • interruptions linked with service providers, hosting and access providers.


2. Maintenance. The Company reserves the right to carry out maintenance operations on its server and shall endeavour:

  • to warn the Customer at least 24 hours in advance
  • to limit service down time to the strict minimum
  • to extend access to the module for a period equal to the service down time

The Customer undertakes not to claim compensation in this respect and also declares that it accepts both the characteristics and limitations of the service provided by the Company.


c. Non-conformity and anomalies

  • By “non-conformity” is meant inconsistency between the module(s) delivered and the order form signed by the Customer.
  • By “anomaly” is meant any incident, blockage, degradation of performance, breakdown, functionalities defined in the documentation provided to the Customer and website users being non-compliant and preventing normal use of all or part of the module(s). The Company does not guarantee that the module(s) will function on an uninterrupted basis and without error.
  • Any claim regarding a non-conformity or an anomaly of the module(s) delivered compared with the abovementioned documentation must be made in writing within 8 days of delivery of the module access keys. It is up to the Customer to provide proof regarding the reality of the anomalies or non-conformities noted. Only the Company can intervene on the module(s). The
  • Customer shall abstain from intervening itself of from getting a third party to intervene for this purpose.
  • However, the guarantee shall not apply if the anomaly originates from one of the following cases, (this list is not exhaustive):
    - the technical prerequisites have been modified without the Company’s prior consent
    - the anomalies noted are caused by programmes not supplied by the Company
    - the anomalies are linked with operating errors or actions not in compliance with the documentation available on the website.

4. LIMIT OF LIABILITY

  • The Company endeavours to do its best to ensure permanent access to its websites together with the accuracy and updating of the information on its sites but is only bound by a duty of care towards the Customer. The Company cannot be held responsible if the Customer fails to comply with its contractual obligations.
  • The Client or the beneficiary, whether they are legal professionals or not, are solely responsible for the choice of modules bought and for the use and interpretation made of them, the results they obtain, the guidance and actions they deduce and or/pass on from them. Under no circumstances is the content of the sites, referred to herein, intended to replace or be a substitute for consultation with an advisor.
  • In any case, if the Company was found to be responsible, the amou
     

5. RIGHT OF WITHDRAWAL OF THE CUSTOMER AS A NATURAL PERSON

  • In accordance with Labour Code regulations, the Customer, a natural person (meaning the beneficiary undertaking training in an individual capacity and at his/her own expense) is free to withdraw in the conditions provided for by law and to cancel his/her order within a period of 10 clear days of receipt of the order. No amount may be demanded before expiry of the withdrawal period.
     

6. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

  • To be able to follow training programmes provided by the Company, beneficiaries have to identify themselves by means of the connection identifiers supplied on registration. So that the beneficiary does not have to identify himself/herself for each page visit, a “cookie”, a file saved on the beneficiary’s computer for the time the site is used, is employed. This file contains no nominative information (only a session identifier) and is destroyed when the browser is closed. No other “cookie” is used by the Company.
  • Personal data protection is assured according to the article entitled “Confidentiality and Intellectual Property” in the GTCS.

FOR INDIIVDUALS

General terms and conditions of sale

1. PURPOSE

  • This document, hereinafter “General Terms and Conditions of Sale” (“GTCS”), applies to all training offers made by the Company, a subsidiary of the ABILWAYS group and constituting an order by the Customer, namely face-to-face and e-learning training, corresponding to training modules in a secure electronic environment, in e-learning mode (or Open and Distance Learning - ODL), accessible from its platform.
  • The order is considered firm and definitive when the customer returns, by any means, the signed registration form signed (fax, electronically, post). For each training course, the Customer receives two copies of the training contract, one copy of which must be returned to us signed and bearing the Customer’s business stamp.
  • The act of placing an order implies the Customer’s full and unconditional acceptance of these GTCS and their appendix, the Customer guaranteeing that they will be complied with by all its employees, representatives and agents.
  • The Customer acknowledges in this respect that, before signing the order form, it was given sufficient information and advice by the Company, thereby enabling it to ensure that the service offer matched its requirements.
  • The Company reserves the right to revise these general terms and conditions at any time, the new terms and conditions applying to any new order, regardless of how long relations have existed between the Company and the Customer.

2. PRICE

  • The price by Client is mentioned on every training program outline. All the fees can be found on the webpage of the Company and in the trainings’ catalogue of the year in question.
  • All fees are indicated inclusive of all taxes
  • The cycle that has started shall be payable in full by way of compensation, even if the Client was absent.
  • Our fees are fixed. In the case of face-to-face training or in the case where a part of the training is conducted face-to-face the fees will include the price of educational material distributed during the training.
     

3. PAYMENT

  • Payment of the entire price of the training must be made on registration, or on receipt of the invoice, in cash, with no discount, by transfer unless other specific requirements.
  • Any payment after the due dates indicated on the Company’s invoices will give rise to the application of late payment penalties equal to 3 times the legal rate of interest in force and to a fixed charge of €40. They are payable without need of formal notice.
  • The Company reserves the right:
    • to exclude the participant from the training if the Customer has not sent its order form to the Company before the start of the training;
    • to exclude from any face-to-face training, and this at any time, any participant whose behaviour interferes with the smooth running of the training and/or is in serious breach of these GTCS;
    • to suspend from access to an e-learning training module, any participant who makes false declarations on registration; in this case no repayment is made;
    • to refuse any registration on the part of a Customer for a legitimate and non-discriminatory reason, and specifically to refuse any order from a Customer when there has been a dispute regarding the payment of a previous order.
       

4. CANCELLATIONS / REPLACEMENTS / POSTPONEMENTS

  • In writing:
    • Within ten days following the signing of the registration form the Client can cancel by registered post. Once the deadline has expired, the Client is obliged to pay to the Company 30 % of the contract price.
    • For face-to-face trainings, the replacement of clients is possible at any time without an additional fee through a written notification with names and contact details of the replacing participant.
    •  For e-learning trainings, the replacement of clients is possible without an additional fee, provided a written notification seven days before the training with names and contact details of replacements. 
    • If the number of participants is considered insufficient for pedagogical reasons, the Company reserves the right to cancel the trainings at the latest one week before the scheduled date. In this case all registration fees will be fully refunded or, at your choice, the credit note will be issued.
    • The Company reserves the right to modify the date and place of the training as well as the content of the program and to replace trainers, while respecting the pedagogical quality, due to circumstances beyond the Company’s control.

5. E-LEARNING

  • For “e-learning” product orders, the special conditions for access to the modules, together with their features, are set out in the “SPECIFIC E-LEARNING TERMS AND CONDITIONS” which are included in a separate document.
  • The latest versions of the document are available on the Company’s website.
    Adherence to the Specific Terms and Conditions implies adherence to these GTCS.
     

6. LIABILITY - INDEMNITIES

  • The Customer as the case may be – undertakes to subscribe to and maintain, in case the need should arise and for the duration of the training, liability insurance coverage for direct and indirect physical injury, material damage, consequential damage which could be caused by its actions or those of its employees, prejudicing the Company. It also undertakes to subscribe to and maintain liability insurance also specifying the Company as an insured for all actions that could have an adverse effect on third parties which might be caused by the participant and containing a waiver of defence clause so that the Company cannot be involved or pursued.
  • In the case of the Company being liable towards the Client, the Company is obliged to refund the amount paid by the Client or the services rendered.
  • In no way can the Company be held liable for indirect damage such as losses of data, files, operating loss, commercial damage, loss of earnings or damage to image and reputation.
  • In any event, the Company’s liability is excluded in the case of force majeure.

7. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

  • The Customer can only use the Company’s proposals, work, studies and concepts, methods and tools for the purposes stipulated in the order.
  • The Company is sole owner of the intellectual rights relating to the training it dispenses; hence, all the teaching aids, in whatever form (hard-copy, digital, oral…) used within the framework of the order remain its exclusive property.
  • The Customer undertakes not to use, reproduce, directly or indirectly, in whole or in part, to adapt, modify, translate, represent, commercialise or disseminate to members of its staff who do not attend the Company’s training or to third parties the course aids or other teaching resources made available without the express written consent of the Company or its eligible persons.
  • The parties undertake to keep confidential the information and documents of a business-related, technical or commercial nature regarding the other party, to which they might have access during the execution of the contract.

8. DATA PROTECTION

  • In accordance with the modified law of 08/12/92 relating to the protection of personal privacy and to the General Data Protection Regulation of 27/4/16, the Company processes personal data in order to manage registrations. The information requested of you is needed to deal with your registration and is used by departments within the Company. You can access this information and ask the Company to rectify it, via an online request (correctionbdd@ifexecutives.com) or by post to: EFEB SA / NV – 41 Rue de la Science – 1040 Brussels indicating your name, first name and address.
  • Our addresses may be exchanged, sold or rented to other Companies for commercial prospection purposes. You can oppose the communication of this data, as indicated above.

EFEB SA / NV – 41 Rue de la Science – 1040 Brussels
Tél. : +32 (0)2 533 10 20
E-mail: help-ife@abilways.com
Site: http://www.ifebenelux.com

Specific e-learning terms and conditions


1. PURPOSE OF THE CONTRACT

  • These terms and conditions govern Customers’ access and use of the Company’s platform for the execution of the e-learning services listed in the article entitled “PURPOSE” of the GTCS, without being exhaustive.
  • Adherence to the Specific Terms and Conditions implies adherence to the GTCS
     

2. ACCESS TO THE SERVICE

a. Technical prerequisite

  • The Customer must ensure beforehand, and throughout the whole period of utilisation of the service, that its technical environment is permanently compatible with the platform used by the Company.
  • After the pre-test, it will not be able to claim incompatibility or lack of access to the module(s).


    b. Access to the module(s)
  • The natural person registered by the Customer for the training (the “beneficiary”) obtains access to the module  via remote access on to the platform.
  • After receipt of the order form signed by the Customer and of payment, the Company sends the identifiers to the beneficiary (user name and password) enabling access to the training platform with “work completion traceability” (duration and connection times) and the marks given for the exercises proposed.
  • If the training is taken on in whole or in part by a collecting agency, the identifier and password will be sent to the user once the Company has received the agency take-on agreement.

3. USE OF THE SERVICE

a. Right of personal use

  • The identifiers delivered electronically to the beneficiary are personal and confidential and shall under no circumstances be passed on to and/or shared with another person, be it a Company employee or not, or resold, unless express notification is given, before the first connection, of the change of beneficiary under the terms of the article entitled “CANCELLATIONS / REPLACEMENTS / POSTPONEMENTS” in the GTCS.
  • If the beneficiary loses his/her identifiers, the Customer undertakes to inform the Company immediately. Failing which, the Customer will be responsible for any fraudulent or abusive use of the identifiers.If the Company becomes aware of the identifiers being passed on or shared, the Company reserves the right to suspend access to the platform, without indemnity or notice.


b. Term and guarantee of the service

  • Access to the training ordered is valid for the term specified in the order, and is available 24 hours a day, 7 days a week. There is no limit on the duration of each connection, unless there happens to be a breakdown or specific technical problems involving the internet network.
  • The Customer undertakes to notify the Company within 24 hours if there is a technical malfunction.


1. Technical malfunction.   The Company undertakes to resolve any technical malfunction within 24 working hours. After this time, the Company will extend the period of access to the module for a period equal to that during which it was unavailable. Nevertheless, the Company cannot be held liable for connection difficulties if there is a break in internet access or a break in connection, specifically due to:

  • a case of force majeure
  • cuts in power supply
  • interruptions linked with service providers, hosting and access providers.


2. Maintenance.  The Company reserves the right to carry out maintenance operations on its server and shall endeavour:

  • to warn the Customer at least 24 hours in advance
  • to limit service down time to the strict minimum
  • to extend access to the module for a period equal to the service down time

The Customer undertakes not to claim compensation in this respect and also declares that it accepts both the characteristics and limitations of the service provided by the Company.

c. Non-conformity and anomalies

  • By “non-conformity” is meant inconsistency between the module(s) delivered and the order form signed by the Customer.
  • By “anomaly” is meant any incident, blockage, degradation of performance, breakdown, functionalities defined in the documentation provided to the Customer and website users being non-compliant and preventing normal use of all or part of the module(s). The Company does not guarantee that the module(s) will function on an uninterrupted basis and without error.
  • Any claim regarding a non-conformity or an anomaly of the module(s) delivered compared with the abovementioned documentation must be made in writing within 8 days of delivery of the module access keys. It is up to the Customer to provide proof regarding the reality of the anomalies or non-conformities noted. Only the Company can intervene on the module(s). The Customer shall abstain from intervening itself of from getting a third party to intervene for this purpose.
  • However, the guarantee shall not apply if the anomaly originates from one of the following cases, (this list is not exhaustive):
    • the technical prerequisites have been modified without the Company’s prior consent
    • the anomalies noted are caused by programmes not supplied by the Company
    • the anomalies are linked with operating errors or actions not in compliance with the documentation available on the website.

4. LIMIT OF LIABILITY

  • The Company endeavours to do its best to ensure permanent access to its websites together with the accuracy and updating of the information on its sites but is only bound by a duty of care towards the Customer. The Company cannot be held responsible if the Customer fails to comply with its contractual obligations.
  • The Client or the beneficiary, whether they are legal professionals or not, are solely responsible for the choice of modules bought and for the use and interpretation made of them, the results they obtain, the guidance and actions they deduce and or/pass on from them. Under no circumstances is the content of the sites, referred to herein, intended to replace or be a substitute for consultation with an advisor.
  • In any case, if the Company was found to be responsible, the amount of its guarantee is limited in accordance with the terms of the article entitled LIABILITY in the GTCS.

5.RIGHT OF WITHDRAWAL OF THE CUSTOMER AS A NATURAL PERSON

  • In accordance with Labour Code regulations, the Customer, a natural person (meaning the beneficiary undertaking training in an individual capacity and at his/her own expense) is free to withdraw in the conditions provided for by law and to cancel his/her order within a period of 10 clear days of receipt of the order. No amount may be demanded before expiry of the withdrawal period.
     

6. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

  • To be able to follow training programmes provided by the Company, beneficiaries have to identify themselves by means of the connection identifiers supplied on registration. So that the beneficiary does not have to identify himself/herself for each page visit, a “cookie”, a file saved on the beneficiary’s computer for the time the site is used, is employed. This file contains no nominative information (only a session identifier) and is destroyed when the browser is closed. No other “cookie” is used by the Company.
  • Personal data protection is assured according to the article entitled “Confidentiality and Intellectual Property” in the GTCS.