The agreements that govern our collaboration

Article 1. Scope

1.1. These general terms and conditions apply to all services and products offered by the international non-profit association (ivzw) JobRoad (hereinafter ‘the Association’). The Client receives these terms and conditions with the quotation, as an annex to the agreement and with the invoices. By signing the quotation or the agreement or by accepting the invoice, the Client acknowledges having taken note of and agreeing to these terms and conditions.

1.2. The possible nullity of one or more clauses of these general terms and conditions does not affect the applicability of all other clauses.

1.3. Deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.

Article 2. Quotation and agreement

2.1. The quotations/proposals made by the Association are valid for 30 days; after that they are of purely informative value.

2.2. All prices stated are net prices excluding VAT. All taxes, duties and costs due upon delivery or thereafter are borne by the Client.

2.3. The quotation/proposal applies only to the assignment as indicated and does not entail any commitment for future assignments.

2.4. An agreement is only concluded after acceptance of the quotation by the Client and signature of the quotation and of these general terms and conditions.

Article 3. Time limits, force majeure and additional work

3.1. The performance or delivery periods stated in the quotation are indicative only. Exceeding the envisaged performance or delivery period can under no circumstances, except in the event of willful misconduct or gross negligence on the part of the Association, give rise to termination of the agreement. However, any delay in performance of which the Association becomes aware will be brought to the Client’s attention as soon as possible. Changes to the order automatically cause the estimated delivery periods to lapse.

3.2. If, due to force majeure, the Association is unable to perform the agreement, even where the force majeure does not lead to permanent and/or absolute impossibility of performance, the Association has the right to terminate the agreement by registered letter to the Client stating the reason that prevents performance of the contract. In that case, the Association will not owe the Client any compensation. Force majeure includes, among other things: loss of the original digital files due to a crash, war, mobilization, riots, atmospheric disturbances, floods, storm damage, obstruction of rail, water, air or road traffic, lack of fuel, stagnation in, restriction or cessation of supply by public utilities, fire, machine breakdown and other disruptions of production, creation or work, strikes, lockouts, government measures, non-delivery of materials and semi-finished products by third parties and other circumstances, foreseeable or unforeseeable at the time the assignment and/or agreement was concluded, that disrupt the performance of the assignment and/or agreement, as well as circumstances that have such an influence on the content of the assignment and/or agreement that the other party cannot, in reasonableness and fairness, demand performance of the assignment and/or agreement. This list is not exhaustive.

3.3. If a fixed price has been agreed with the Client, it will relate only to the work and services specified in the agreement. Additional assignments and services fall outside the agreement and are automatically charged to the Client.

Article 4. Payment terms

4.1. All invoices are payable by bank transfer to the account number stated on the invoice.

4.2. Invoices are payable within 30 days of the invoice date.

4.3. All complaints concerning the invoices or the products/services delivered must be submitted by reasoned registered letter within eight calendar days of the invoice date. After this period, the complaint is inadmissible.

4.4. In the absence of payment within 30 days of the invoice date, the invoiced amount will be increased, by operation of law and without prior notice of default, by interest equal to the interest rate as determined in the Belgian Act of August 2, 2002 on combating late payment in commercial transactions, increased by seven percentage points and rounded up to the higher half percentage point, with a minimum of 12% per year. In addition, in the event of non-payment of the invoice one month after the due date, after written notice of default, a one-off fixed compensation of 15% of the sums due will be owed, with a minimum of 125 euros and a maximum of 2,500 euros. This increase is justified by the burden, the difficulties, the costs of correspondence, loss of time, accounting difficulties and the lack of availability of the unpaid amount.

4.5. Non-payment of an invoice on the due date renders all outstanding invoices, even those not yet due, immediately payable, regardless of any payment terms previously granted.

4.6. In the event of non-payment or late payment of the amounts owed by the Client, the Association reserves the right to suspend the work until the outstanding debt has been settled. In that case, the Client cannot claim any compensation.

4.7. Until the Client has paid in full and definitively, the Association retains full ownership of the products and services. All risks, however, are borne by the Client.

4.8. An application for judicial reorganization (whether amicable or judicial), suspension of payments – even if not officially established – or any other fact indicating the Client’s insolvency results in the invoices for the services and goods delivered becoming immediately payable.

Article 5. Cancellation and amendment conditions

A. Cancellation by the Association

5.1. The Association reserves the right to cancel the workshop or to change the program, the date, the location or the manner of organization (digital/in person) for organizational reasons (for example too few participants, no trainers available, a coronavirus outbreak, …). The Client will be notified of the changed circumstances as soon as possible by email or telephone.

5.2. If the Association cancels, the cost will be refunded within 30 days of the scheduled date; in the event of a postponement/change at the initiative of the Association, the Client may opt to have the workshop take place under other circumstances (different location, date, manner of organization, …) or to have the price already paid refunded.

B. Cancellation by the Client

5.3. A Client who wishes to cancel its registration must always give written notice by email to info@jobroad.be. The cost is always due for the agreed number of participants.

Except in the event of death, illness or accident of a participant or of someone in the participant’s immediate circle. The necessary medical certificates must be sent to us in advance by email. It is always possible for the user to have another participant attend the workshop free of charge.

Unless the Association is notified in writing by email 6 weeks before the start of the workshop that the Client wishes to withdraw from the agreement, in which case only 50% of the agreed cost is due.

C. Amendment conditions

5.4. Only in the event of force majeure (for example a coronavirus pandemic) can the agreed workshop be changed at the initiative of the Client and subject to the consent of the Association. Preference is always given to performance of the agreement over cancellation. The Association acts in good faith in this respect and tries to provide for an alternative performance of the agreement (for example choosing another date, holding the workshop digitally, …)

Article 6. Liability

6.1. Should the Association be liable, that liability is limited to what is provided for in this provision.

6.2. The Association is not liable for damage of any kind arising because the Association relied on incorrect and/or incomplete information provided by or on behalf of the Client.

6.3. The Client acknowledges that the obligation entered into by the Association is a best-efforts obligation.

6.4. The Association is liable only for direct damage.

Direct damage means exclusively the reasonable costs of establishing the cause and extent of the damage, insofar as the establishment relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to have the Association’s defective performance conform to the agreement, insofar as these can be attributed to the Association, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions. The Association is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business interruption.

6.5. The liability of the Association is at all times limited to the invoice value.

Article 7. Indemnification

7.1. The Client indemnifies the Association against any claims by third parties who suffer damage in connection with the performance of the agreement, the cause of which is attributable to parties other than the Association. Should the Association be held liable by third parties on that account, the Client is obliged to assist the Association both in and out of court and to do without delay everything that may be expected of the Client in that case. Should the Client fail to take adequate measures, the Association is entitled, without notice of default, to do so itself. All costs and damage incurred by the Association and third parties as a result are entirely for the account and risk of the Client.

Article 8. Intellectual property

8.1. The Association reserves the rights and powers to which it is entitled under copyright law and other intellectual property laws and regulations. The Association has the right to use the knowledge it has gained through the performance of an agreement for other purposes as well, provided that no strictly confidential information of the Client is disclosed to third parties.

Article 9. Other provisions

9.1. Both the Association and the Client accept electronic communication (e.g. email) as evidence.

Article 10. Applicable law and disputes

10.1. Belgian law applies to all agreements. Any disputes fall under the exclusive jurisdiction of the courts competent for the place of the Association’s registered office.