Privacy Policy & TermsΒ Eva Vercouteren CommV
Effective date: 1 january 2024
Eva Vercouteren, a limited partnership established under Belgian law, with registered office at Apollostraat 56, 2140 Borgerhout and company number 1003.398.979 You can reach us via the email address: [email protected]
Article 1 β Definitions
In these general terms and conditions, the following definitions apply:
- Service Provider: Eva Vercouteren
- Client: the entrepreneur who concludes an agreement with us, as Service Provider, and thereby accepts the general terms and conditions.
- Offer: all offers and quotations issued by us, whether via the website, social media or email.
- Service: the services we provide.
- Product(s): online/offline training, coaching, customized services, e-books, etc.
- Agreement: the agreement entered into between you, as Client, and us, as Service Provider.
- Effective Date: the agreement enters into force on the day the agreement is signed.
- In Writing: written communication via email or registered letter where necessary.
- Website:Β https://www.evavercouteren.com
Article 2 β Applicability of general terms and conditions
2.1. In these general terms and conditions, we describe the rules on the basis of which we, as Service Provider, will provide our Services and products to you, as Client. These conditions apply to all our quotations, offers, online courses, agreements, services and products, and contain important information about your rights and obligations. 2.2. These general terms and conditions always take precedence over any general terms and conditions of you, as Client. This insofar as these conditions have not been deviated from in writing. 2.3. The latest version of these general terms and conditions always applies.
Article 3 β Offer and acceptance
3.1. We, as Service Provider, always make an offer via the website, social media or via email. The prices in the quotation are exclusive of VAT. VAT must be paid on top. 3.2. The quotations from us, as Service Provider, are valid for 30 days, unless otherwise stated in writing in the quotation. After a period of 30 days or the period indicated on the quotation, the Offer from us, as Service Provider, expires and you, as Client, can no longer accept it. 3.3. We, as Service Provider, always have the right to adjust the rates and/or conditions. The offer that existed at the time that you, as Client, accept it, i.e. purchase it, is the valid offer. 3.4. We, as Service Provider, cannot be held to our Offer if you, as Client, could reasonably understand that the Offer, or a part thereof, contains an obvious material error or clerical error, such as an unrealistically high discount or unusual low asking price. 3.5. By accepting the Offer for the delivery of a Service or Product, you, as Client, agree that the Agreement will be immediately executed and complied with. In the case of 1 on 1 programs, the sessions will be determined in mutual consultation after the Agreement. When purchasing the other Services or Products, it will always be indicated when the Service will be performed or the Product will be delivered.
Article 4 β Execution of the Agreement and provision of information to Client
4.1. We, as Service Provider, offer different types of Services and Products. 4.2. When you, as Client, sign our quotation with regard to a program, workshop or online training (in short, a Service or Product), there is an obligation to pay the full price as indicated in the quotation. Even if the Agreement is terminated prematurely, during the execution of the program, by you, as Client, you, as Client, will still have to pay the total price. 4.3. We, as Service Provider, perform the Service or deliver the Product to the best of our knowledge and ability and in accordance with the rules of the art. We, as Service Provider, are not liable for not achieving the result that you, as Client, intended.
Article 5 β Fees:
5.1. General The price always depends on the chosen Product or Service. The prices stated are always expressed in euros and are exclusive of VAT. The agreed price includes all costs with the exception of extra Products/Services or travel expenses. Any additional costs will always be indicated separately and are at the expense of the Client. Any changes to the requested Services or Products and/or additional Services or Products will be invoiced additionally in accordance with the prices in effect at the time the changes/additional Services are ordered/purchased. The Client can request the applicable rates from us at any time, on the understanding that if nothing has been determined, these additional Services/changes will be carried out at an hourly rate of EUR 300 (excluding VAT).
5.2. Invoicing and payment
5.2.1. At the time the Client purchases a Service or a Product, the Client must pay the full price, unless the option to pay in installments has been provided for a specific Service or a specific Product. The Client will receive a VAT-compliant invoice after payment.
5.2.2. In the event of non-payment or late payment of the invoice within the set period, all outstanding invoices will become immediately due and payable by operation of law and without notice of default and the Client will owe default interest of 5% per month on the invoice amount from the due date by operation of law and without prior notice of default, as well as a fixed compensation of 10% with a minimum of 150.00 euros. In the event of partial payment, full compensation remains due. All costs in connection with the judicial or extrajudicial collection of the unpaid invoice are at the expense of the Client.
Article 6 β 1 on 1 programs or group programs
6.1. We can freely determine where the Services will be provided and whether or not they will be provided online. You acknowledge that the place of work is not an essential part of the Agreement. A change of location cannot be considered a shortcoming on our part.
6.2. With the exception of 1 on 1 programs, the Service Provider will communicate the times at which the sessions will take place and whether these sessions will take place live.
6.3. We can only perform our work properly if the Client makes all requested information for the performance of the Service or delivery of the Product available on time. The Client therefore guarantees the correctness, completeness and reliability of the data provided, even if it originates from third parties.
6.4. If you are unable to participate in an activity or an appointment, you are expected to inform us as soon as possible. All appointments must be canceled at least 24 hours in advance, otherwise you will lose a session or a fee will be charged. The same appointment can only be rescheduled once in a timely manner, this in mutual consultation. If you reschedule the same appointment several times, you will have to compensate us for this appointment or this session will be deducted from the number of sessions of a certain program.
Article 7 β Online Services and Products
7.1. Your access to Products or online Services is strictly personal. As a Client, it is therefore strictly prohibited to share your login details with a third party.
7.2. We reserve the right to suspend your access to the platform in the following cases:
- Suspicion of abuse
- Suspicion of sharing login details with third parties
- Acting unlawfully or causing damage to the Service Provider
- Acting contrary to the General Terms and Conditions
- In case of payment in installments, non-payment
7.3. Unless otherwise indicated, online Products will be made available immediately after payment. You will then receive access from us to an online platform with access to your purchased Service or a link via email to participate in the Service or Product.
7.4. If you as a Client qualify as a consumer, you have a right of withdrawal of 14 calendar days after you have purchased the Service and the legal provisions of article VI.47 et seq. of the WER apply. If you purchase an online course, webinar or workshop where you immediately gain access to the purchased Service, you, in accordance with article VI. 51 Β§4 2Β° WER, expressly waive this right of withdrawal because you wish the execution to take place before the end of the withdrawal period and the Service has been fully delivered. Companies (including sole proprietorships) do not have a right of withdrawal.
7.5. The Service Provider will always communicate separately for each purchased Service how long the purchased online Service will be available.
Article 8 β Disputes
8.1. If you as a Client have a complaint or are not satisfied with our Services or Products, we would of course like to hear about it in order to find a solution together. You must submit your complaint to us in writing within 8 calendar days after the delivery of our Service/Product. The description of your complaint should be as detailed as possible. 8.2. A complaint cannot of course lead to us having to deliver Services or Products other than what we have agreed.
Article 9 β Liability
9.1 General We, as Service Provider, will always endeavor to execute the Agreement to the best of our knowledge and ability and in accordance with the requirements of good craftsmanship. You, as Client, acknowledge that we, as Service Provider, only have an obligation of best efforts and not an obligation of result. We, as Service Provider, have the right to engage third parties for the execution of the agreement. We, as Service Provider, have selected these third parties with the greatest possible care in order to be able to achieve good quality execution.
9.2 Force Majeure We, as Service Provider, accept no liability whatsoever if we are unable to meet our obligations as a result of force majeure or extraneous cause. If the force majeure is only temporary in nature, we will still try to fulfill our contractual obligations from the moment that this is reasonably possible again. If it appears that continuation is no longer possible, the Agreement will be revised or dissolved in mutual consultation.
9.3 Relationships with third parties Insofar as we, as Service Provider, would be dependent on the cooperation, services and deliveries of third parties, we, as Service Provider, cannot be held liable in any way for damage resulting from these relationships or the breaking thereof.
9.4 Contractual shortcomings If a serious shortcoming is attributable to us, as Service Provider, in the performance of our Agreement, you, as Client, can give us written notice of default. In doing so, we, as Service Provider, are granted a reasonable period of time to still fulfill our obligations. Except in cases of fraud, intentional fault or gross negligence, we are not liable for or obliged to compensate immaterial, indirect or consequential damage, including (but not limited to) loss of profit, loss of turnover, loss of income, production limitations, administration or personnel costs, an increase in general costs, loss of clientele or claims from third parties.
9.5 Limitation of compensation Our total maximum contractual and extra-contractual liability for all cases of damage that may occur during the Execution of the Agreement is at all times limited to the amount equal to the invoice value of the Service or Product, even in the event of gross negligence.
Article 10 β Intellectual property right
10.1. By accepting these general terms and conditions, you, as Client, expressly acknowledge that all designs, information, images, emails, downloads, diagrams, modules and/or materials, and other content on the website or courses are the property of us, as Service Provider, and are protected by the relevant intellectual property rights, including but not limited to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
10.2. If we establish an infringement, we have the right to charge a realistic compensation for this. 10.3. Parties can always deviate from this by means of a written agreement.
Article 11 β Data processing
11.1. By placing an order or using our Services, you give us the express permission to process your personal data for the purpose of providing the Services. In addition, the data provided can also be used for customer management, the newsletter, advertising or marketing purposes and statistical information gathering.
11.2. We respect the General Data Protection Regulation of 24 May 2016 regarding the protection of privacy in the processing of personal data.
11.3. All personal data that is provided and processed via our website or within the framework of the Services provided will be treated confidentially and will in no case be passed on to third parties without your permission, unless this is necessary for the provision of the Service.
Article 12 β Confidentiality
12.1. Parties will be bound to observe a full confidentiality obligation. This means that they may not use, distribute or transfer any of each other's business secrets relating to any business aspect to any other third party, in particular, but without this being a limiting enumeration, with regard to pricing, marketing, production, financing, and strategic development of the company, lists or details regarding Clients and former or potential Clients, contractual conditions, etc., without the express permission of the other party. This confidentiality obligation will apply during the term of the Agreement until 20 years after the termination of the Agreement.
12.2. Confidentiality lapses if, on the basis of a legal provision or a court decision, one of the two parties is obliged to provide the confidential information to third parties.
12.3. Parties acknowledge the importance of this obligation. Violation of this confidentiality obligation during the term of this Agreement is considered a serious error. In the event of a violation of this article, the parties will owe a fixed compensation of 1,500 euros - without prejudice to the right to claim additional compensation if this sum does not sufficiently compensate the damage. This compensation is due to the other party without this limiting the right to use all other possible legal remedies.
Article 13 β General
13.1. No one may transfer his or her rights and/or obligations arising from these general terms and conditions or our agreements to a third party without the permission of the other party.
13.2. If any provision (or part thereof) of the General Terms and Conditions should be unenforceable or contrary to a provision of mandatory law, this will not affect the validity and enforceability of the other provisions of these General Terms and Conditions, nor the validity and enforceability of that part of the provision in question that is not unenforceable or contrary to a provision of mandatory law. In such a case, the Parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that corresponds as closely as possible to the purpose and intent of the original provision.
13.3. This agreement is governed by Belgian law. Any dispute regarding the interpretation or execution of a contract and regarding our invoices falls under the exclusive jurisdiction of the courts in Antwerp, unless mandatory law provides otherwise.
Β
Contact Us
If you have any questions, concerns or complaints about theΒ Privacy Policy & Terms mentioned above, please contact us:
- By email: [email protected]
- By visiting this page on our website:Β https://eva-vercouteren.com/contact
- By phone number:Β +32474602270
- By mail: Eva Vercouteren, Apollostraat 56, 2140 Borgerhout, Belgium