GENERAL TERMS | TRAINING
Article 1. Acceptance of the GTC
These general terms and conditions of sale (hereinafter referred to as "GTC") aim to define the conditions under which the training offers proposed by LV Linguistics SPRL are made. The training offers proposed by LV Linguistics SPRL are intended for both professionals and end consumers. By "end consumer," we mean any individual who operates for purposes unrelated to any business or professional activity that may be practiced. The training is provided either at the client's site or at any other location mutually agreed upon between LV Linguistics SPRL and the Client. These GTC are also included on the back of the order form or quote and are fully reproduced in any contract concluded with the client. They are also printable on the website www.lvlinguistics.be. For each training offer published on the website www.lvlinguistics.be, le Client doit confirmer son acceptation aux CGV qui sont en vigueur à la date de passation de sa commande. Les présentes CGV remplacent tout accord, arrangement ou contrat antérieur, écrit ou non, conclu entre les parties et se rapportant au même objet. Toute convention dérogatoire ou complémentaire aux présentes conditions devra être constatée par écrit. Les intitulés des articles des présentes conditions ne figurent que pour plus de commodité et n’affectent en aucune manière le sens des dispositions auxquelles ils font référence. Aucun fait de tolérance par LV Linguistics SPRL ne saurait constituer une renonciation de sa part à une quelconque des dispositions des présentes conditions. Les présentes CGV sont susceptibles d’être modifiées à tout moment par LV Linguistics SPRL. Dans ce cas, les conditions générales applicables sont celles qui sont en vigueur sur le site, à la date de la commande du client. Les présentes CGV entrent en vigueur à la date de signature et d’acceptation du devis ou du bon de commande par le client. Les présentes Conditions générales sont seules admises, à l’exclusion de toutes conventions ou conditions du Client.
Article 2: Purpose – Types of Training
LV Linguistics SPRL offers language training in various formats. All training offers are described in good faith and as accurately as possible. Registration for a training course is made in the name of the individual (the participant) but the Client of LV Linguistics SPRL is the company or institution (contractor) listed on the order form or quote and paying the amount for the training. Registrations are accepted subject to availability. The Client can inquire about the availability of training with the LV Linguistics SPRL secretariat. In case of unavailability, LV Linguistics SPRL will take the necessary measures to inform the Client by any means of communication it deems appropriate, including email or phone. In any case, LV Linguistics SPRL cannot be held responsible for damages resulting from the unavailability of a training.
Article 3: Order Form – Quote
Any order must be confirmed in writing and must unambiguously identify the name and legal entity of the Client.
3-1) Order Taking/Quote
Orders are only final when they have been confirmed by the signature of the quote or the purchase order by the legal representative of the Client or any other person duly authorized for this purpose. In the case of orders made by a Client who is a final consumer, the Client has the option to withdraw from their order by sending an email and a registered letter with acknowledgment of receipt, unless the parties agree otherwise. Unless stated otherwise, the offers or quotes from LV Linguistics SPRL are valid for a period of two weeks from their sending. After this period, the Client must request the establishment of an updated offer from LV Linguistics SPRL. The Client's signature on the quote or purchase order implies the Client's unconditional acceptance of these general terms and conditions. These general terms and conditions of sale prevail over any other document from the Client, including any general purchasing conditions, unless specific conditions are negotiated by LV Linguistics SPRL.
3-2) Terms and Duration of the Training
The terms and duration of the Training are set out in the quote or the purchase order or in any other document attached to it between the client and LV Linguistics SPRL. The client agrees to provide LV Linguistics SPRL with all documents and information useful for the execution of the ordered Training. More generally, the client agrees to facilitate the execution of the Training. Unless otherwise indicated by LV Linguistics SPRL, the type of training, the program, the schedule, and the name of the trainer may be published on the LV Linguistics SPRL website. This information is provided for informational purposes only. The Training period may be suspended or interrupted in case of force majeure. In this case, the training or the interrupted or suspended training period will be automatically extended within four months from the date of its original execution. Any sudden, unpredictable, unavoidable event, and independent of the will of either party falls under the case of force majeure, including any technical or computer problem. These unforeseen delays do not authorize the Client to cancel their order or to claim any compensation from LV Linguistics SPRL.
3-3) Price and Billing
The prices of the Training are those in effect on the day the Quote is sent to the Client. The prices of LV Linguistics SPRL are stated in euros and are understood to be excluding VAT. Except in cases of unavailability of places or training, an invoice is issued as soon as the training order is validated by LV Linguistics SPRL. The payment of the full price is made upon receipt of the invoice by bank transfer to account no. BE 82 3631 6590 1968 mentioning, in communication, the reference of the invoice or training. The payment must necessarily be made by bank transfer to the same account as mentioned above. In the event of non-payment by the due date indicated on the invoice, LV Linguistics SPRL reserves the right to forward the file for debt collection.
Training Vouchers and Language Training Vouchers
LV Linguistics SPRL accepts Training Vouchers and Language Training Vouchers. The Client must inform and prove the intervention of public authorities in the payment of the price before the start of their registration for the training. The Client remains solely liable for the full price of the training in the event that the intervention of public authorities is not granted. Training Vouchers and Language Training cannot apply to training that is subject to a promotional offer or price reduction.
3-4) Late payment
In the event of granting a specific payment deadline, the non-payment of an invoice by the due date will make any other amount due, regardless of its due date, immediately payable. In case of non-payment at the due date, a fixed contractual indemnity of 15% (fifteen percent) on the amount due will be owed, with a minimum of 40 EUR. Additionally, without the need for a formal notice, interest will be owed as calculated based on the rate provided by the law of August 2, 2002, regarding the fight against late payments in commercial matters, from the due date until the day of full payment, in addition to all other costs and legal fees.
3-5) Invoicing
The purchase invoice is sent electronically or on paper, at the choice of LV Linguistics SPRL. By placing an order, the Client explicitly agrees to receive an electronic invoice.
Article 4: Right of withdrawal – article VI.47 of the Belgian Code of Economic Law.
The legal provision regarding the right of withdrawal concerns contracts that are concluded at a distance and applies only to the Client "private consumer". It is therefore not applicable to professional Clients. The distance selling contract is an offer for sale and an acceptance of that offer that occur without the simultaneous physical presence of the seller and the consumer. This includes sales over the Internet, sales from catalogs, or sales by phone or email. Under Article VI.47 of the Belgian Code of Economic Law, the "final consumer" Client has a period of 14 days to withdraw from a distance contract, without having to justify their decision and without incurring any costs other than those provided for in Article VI. 50, § 2, and Article VI. 51 of the same Code. For service contracts, the 14-day period begins the day after the conclusion of the contract. The withdrawal from the formation must be made by registered letter with acknowledgment of receipt to the headquarters of LV Linguistics SPRL. In this case, if a payment has been made, it will be fully refunded no later than 14 days after the day on which it is informed of the consumer's decision to withdraw from the contract in accordance with Article VI. 49 of the Belgian Code of Economic Law. The right of withdrawal cannot be exercised for service contracts after the service has been fully performed if the performance has begun with the express prior consent of the consumer, who has also acknowledged that they will lose their right of withdrawal once the contract has been fully performed by the company. Furthermore, Article VI.53.3°) of the Belgian Code of Economic Law states that the right of withdrawal cannot be exercised for goods that have been made according to the specifications of the consumer or clearly personalized. Therefore, the right of withdrawal granted to the final consumer under Article VI.53. 3°) of the Belgian Code of Economic Law cannot be exercised on any personalized product. In the event of cancellation occurring after the 14-day period mentioned above, the cancellation fees provided for in Article 5 shall apply.
Article 5. Execution of the order and Cancellations / Replacements
5-1) Participant's Presence
The Participant may be replaced, with the agreement of LV Linguistics SPRL, at no cost in case of an impediment. In case of agreement from LV Linguistics SPRL, the Participant will communicate to LV Linguistics SPRL, in writing and at the time of the transfer, the names and contact details of their replacement.
5-2) Certificate of Participation
LV Linguistics SPRL ensures throughout the training the acquisition of knowledge. A certificate of participation will be issued at the end of each training session to the Client who requests it. The Client is aware that this certificate of participation does not necessarily constitute training recognized by a professional organization that counts towards the obligations of continuing professional education for certain professions.
5-3) Cancellations / Replacements
The cancellation of a training session must be made in writing. It entitles the participant to a full refund or credit if received by LV Linguistics SPRL no later than thirty days before the start of the training. After this deadline, the amount retained will be 70% if the cancellation is received between the 29th day and the 14th day inclusive before the start of the training, as a flat-rate compensation. Cancellations received after the 14th day before the start of the training do not entitle the participant to a refund of the participation amount, as a flat-rate compensation. If the number of participants in a training session is deemed insufficient for pedagogical reasons, or if the trainer is unavailable, LV Linguistics SPRL reserves the right to cancel this training no later than one week before the scheduled date. Any registration fees previously paid will then be fully refunded or, at the Client's convenience, a credit will be issued. LV Linguistics SPRL reserves the right to postpone the training, change the location of its conduct, the content of its program, or the trainers, while maintaining the same pedagogical quality of the initial training if circumstances beyond its control require it. Depending on the circumstances, the Client will be notified as soon as possible by the most appropriate means of communication.
5-4) Validity of schedules (individual and in-company sessions)
The training hours related to this quote must be completed within one year from the date of signing the quote/contract. Beyond this date, any uncompleted class hour will be permanently lost.
5-5) Cancellations / rescheduling of individual or in-company classes
Any class not rescheduled at least 5 business days before the scheduled appointment will be considered as given and therefore charged. This option for rescheduling without fees is valid a maximum of 1 time per block of 10 hours of classes ordered. Beyond 1 reschedule per 10 hours of classes ordered, any rescheduled class will be charged. I understand this because classes will be planned in advance with LV Linguistics and they will block precious time in the instructors' schedules for this. Too many changes or cancellations make it difficult to predict and replace the instructor's schedule with other lessons.
If you think you will need to cancel frequently, you can opt for a flexible booking, without a fixed slot in the instructor's agenda. This will allow you to book your classes on an ad hoc basis, according to your availability. However, this option does not guarantee the availability of your usual slot or that of your instructor. Slots are assigned based on remaining availability, and you may need to adjust your schedule according to the remaining open spots.
Article 6. Regulations
LV Linguistics SPRL reserves the right:
Article 7. Complaints
Any complaint must be reported by email to the address info@lvlinguistics.be and by postal letter to LV Linguistics SPRL and must be duly justified by the Client. No complaint will be accepted if it has not been addressed to LV Linguistics SPRL within 3 calendar days of the delivery to the Client of the educational material or within 48 hours of the execution of the training. In any case, any omissions, errors, or design flaws in the programs and schedules of the training that may have escaped the Client's attention during the presentation of the Trainings cannot be attributed to LV Linguistics SPRL, which will make the necessary corrections if applicable, and if necessary, at the Client's expense, the latter cannot in any way use the discovery of these errors, omissions, or flaws to postpone the payment of invoices and claim any compensation.
7-1) Conditions of the satisfaction guarantee
The satisfaction guarantee only applies if it has been explicitly mentioned in the quote created by LV Linguistics and received by the client. In the case where this guarantee is applied, billing will occur 30 days after the signing of this quote. On that date, the guarantee expires and the client is liable for the total amount indicated on the invoice. The request for activation of the guarantee must be sent in writing to the address info@lvlinguistics.be by the signer of this quote. In all cases, the costs related to the delivery of course books remain applicable, at the rate of €50 per student, unless it is returned to LV Linguistics in new condition. This guarantee does not apply to inter-company courses.
Article 8. Liability
The employer – or, as the case may be, the participant – is obliged to take out and maintain, in anticipation of and during the training period, liability insurance covering bodily injury, property damage, immaterial damage, direct and indirect damages that may be caused by its actions or those of its employees to the detriment of LV Linguistics SPRL. It is also obliged to take out and maintain liability insurance designating LV Linguistics SPRL as an insured party for all harmful actions to third parties that may have been caused by the participant and containing a waiver of recourse clause so that LV Linguistics SPRL cannot be sought or troubled. LV Linguistics SPRL disclaims any liability for any damage of any kind, bodily or material, resulting from improper use or contrary to the intended purpose of the documents provided during the training. Regardless of the service provided by LV Linguistics SPRL, it has only an obligation of means and disclaims any liability (i) in the event of indirect damages, including in particular any financial or commercial loss, loss of clientele or savings, any commercial disruption, any increase in costs and other overheads, loss of profit, loss of brand image, any postponement or disruption in the planning of projects or the Client's activity, etc., (ii) in the event of insufficient collaboration from the Client in the execution of the contract, (iii) in the event of damage related to transport, (iv) in the event of stock shortages or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire. Except for bodily injury or death of the Client due to an action or omission of LV Linguistics SPRL, the liability of LV Linguistics SPRL is limited to the price of the training ordered by the Client. In any case, the liability of LV Linguistics SPRL is limited to the amount of the professional liability insurance cap. In all cases, the liability of LV Linguistics SPRL is excluded in the event of force majeure.
Article 9. Regulation on Data Protection
We collect and process personal data received from you for the purpose of contract execution, customer management, accounting, and direct marketing activities. The legal bases are contract execution, compliance with legal and regulatory obligations, and/or legitimate interest. The data controller is SPRL LV LINGUISTICS. This personal data will only be transmitted to processors, recipients, and/or third parties to the extent necessary for the purposes of processing, as mentioned above. The client is responsible for the accuracy of the personal data they provide to us and agrees to comply with the General Data Protection Regulation regarding the individuals whose personal data they have provided to us, as well as concerning any personal data they may receive from us and our collaborators. The client confirms that they have been sufficiently informed about the processing of their personal data and their rights regarding access, rectification, deletion, and objection. For any additional information, please refer to our Data Protection Notice or that you can receive upon simple request.
Article 10. Confidentiality and intellectual property
The Client/Participant may only use the proposals, work, studies and concepts, methods and tools of LV Linguistics SPRL for the purposes stipulated in the order. LV Linguistics SPRL solely holds the intellectual rights related to the training it provides; thus, all educational materials, in whatever form (paper, digital, oral...) used in the context of the order, remain its exclusive property. The Client/Participant is prohibited from making any copies of software used in the training, except for the exercises completed, provided that the files do not in any way include parts of the program protected by copyright, and after written agreement from the trainer. The Client/Participant is prohibited from using, reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, marketing or distributing to non-participating members of its staff in the training of LV Linguistics SPRL or to third parties the course materials or other educational resources made available to it without the express written permission of LV Linguistics SPRL or its rights holders. The parties agree to keep confidential the economic, technical or commercial information and documents concerning the other party, to which they may have access during the execution of the contract.
Article 12. Communication
The Client agrees to be cited by LV Linguistics SPRL as a Client of the service offer in the context of its commercial activity, at the expense of LV Linguistics SPRL. For this purpose and subject to compliance with the provisions of Article 9 above, LV Linguistics SPRL may mention the name of the Client, as well as an objective description of the nature of the services, in its reference lists for the purpose of external as well as internal communication.
Article 13. Data Protection and Freedoms
LV Linguistics SPRL implements a processing of personal data aimed at managing registrations. The information requested from you is necessary for processing the registration of the participant or the Client and is intended for the services of LV Linguistics SPRL. The Participant/Client can access this information and request its correction from LV Linguistics SPRL, via a request sent to the email address info@lvlinguistics.be, indicating their name, first name, and address.
Article 14: Applicable Law – Disputes
This contract is governed by Belgian law.
Article 15: Dispute Resolution
15-1): Mediation.
Any dispute regarding the validity, expiration, nullity, execution, non-execution, extension, interruption, resolution of these general conditions or in relation to them, such as a dispute regarding the amount that cannot be resolved amicably, the parties involved agree to attempt to resolve their disagreement through mediation. The parties expressly agree to call upon an accredited mediator within the meaning of Article 1726 of the Judicial Code. Mediation will begin no later than [15] days after the mediation request is notified by one party to the other party(ies). The duration of mediation may not exceed three months unless expressly agreed by the parties. The seat of mediation will be in Charleroi, unless expressly agreed by the parties to choose a completely different location. The language of mediation will be French. The parties agree to seek an accredited mediator from the list of accredited mediators on the website of the federal mediation commission.http://www.juridat.be/mediation/). In the absence of an agreement between the parties on the name of the mediator, the parties agree to voluntarily appear before the competent court to request judicial mediation. The costs and fees of the mediation will be advanced equally by each of the parties involved. No legal proceedings (other than those possibly initiated to request judicial mediation) may be initiated before the implementation of the mediation and two meetings with the mediator, except for any provisional and conservatory measures that will not result in a waiver of mediation.
15-2) Competent jurisdiction
If the mediation does not result in an agreement, the dispute will be resolved exclusively by the courts of Charleroi.
15-3) Costs, fees, and expenses
Each Party bears the fees, costs, and expenses of its respective lawyers, advisors, accountants, and other experts, and all other expenses incurred in connection with the negotiation, preparation, signing, and entry into force of these, and the operations and agreements referred to herein.
GENERAL CONDITIONS | TRANSLATION
1. Scope of application
1.1. Any order placed with LV Linguistics SPRL is subject to these general terms and conditions of sale, and the client acknowledges having read and accepted them. These terms of sale take precedence over any potential order and purchase conditions of the client, even if they exclude the applicability of these conditions.
2. Offer – Order
2.1. The client may request a price quote by phone, email, or via the website. The offers are valid for 14 days and do not bind the client or LV Linguistics SPRL, unless otherwise agreed in writing.
2.2. Any work request must be subject to a firm and definitive order. An order can be placed by email, by sending a signed offer with the mention "approved for agreement" (by postal or electronic means) or by phone. In this case, the order must be confirmed by sending (by postal or electronic means) a purchase order, completed and signed, within 48 hours following the phone order. In the case of postal sending, the date of receipt of the mail is authoritative. The contract will only come into effect after written confirmation from LV Linguistics SPRL.
2.3. By submitting their order, the client unconditionally accepts the prices and general terms of sale of LV Linguistics SPRL.
3. Modification – cancellation
3.1. In the event of a modification of the order by the client, LV Linguistics SPRL reserves the right to modify the delivery time, the invoice amount, or to refuse to execute this order. Order modifications must be submitted or confirmed by email.
3.2. In the event of cancellation of an order by the client, for whatever reason, they must pay the amount for the work already performed. LV Linguistics SPRL reserves the right to claim a flat fee of 30% on the remaining work to be done.
3.3. LV Linguistics SPRL reserves the right to request a deposit of 50% for orders exceeding the amount of 1000 euros.
4. Translation – proofreading – revision
4.1. Translations are charged per word, in the source language (language of the text to be translated). If the text is sent in paper form, the cost will be calculated per word in the target text (language of the translated text). Proofreading is charged by the hour. Revisions are charged per word, in the target language.
4.2. The client provides LV Linguistics SPRL with the necessary documents for the requested work at their own expense. For its part, LV Linguistics SPRL assumes the costs related to returning the work to the client (and other aforementioned documents), as long as it is done by email or postal mail.
4.3. LV Linguistics SPRL always uses reference works (dictionaries, grammar, etc.) to carry out its work and therefore considers the words, expressions, and spellings attested by these works to be correct. However, the client has the option to inform LV Linguistics SPRL in advance of their preference for a specific spelling or a particular term.
4.4. The client must provide LV Linguistics SPRL with all the necessary information for the requested service as well as the meaning of any specific internal abbreviations present in the document.
5. Responsibility – confidentiality
5.1. All work is subject to professional secrecy, and LV Linguistics SPRL commits to never disclose, without the client's consent, the content of a document that it has come to know in the course of performing a job.
5.2. In agreement with the client, LV Linguistics SPRL decides on the medium for the delivery of the work. If it takes place using CD-ROM, USB key, or by email, LV Linguistics SPRL cannot be held responsible for damages related to the use of said media or the opening of an attachment (viruses and others). LV Linguistics SPRL disclaims any responsibility for damages that may arise as a result of the completion of a work.
5.3. LV Linguistics SPRL cannot be held responsible for the destruction or loss of documents, information, and other data that the client would have entrusted to it.
6. Intellectual property
6.1. The client declares to be the sole owner of the material sent to LV Linguistics SPRL and to hold the copyright and any intellectual property rights to proceed with the requested work.
6.2. The client agrees to hold LV Linguistics SPRL harmless from any action by a third party directed against it for violation of property rights, copyright, or any other rights concerning intellectual property.
7. Delivery time
7.1. LV Linguistics SPRL commits to delivering the ordered work within the agreed timeframe, in writing. This delivery time only begins when LV Linguistics SPRL is in possession of the source text and the final order. LV Linguistics SPRL makes every effort to meet the agreed deadline. However, this remains purely indicative. Under no circumstances can exceeding this deadline be considered a reason for contract termination by the client.
7.2. LV Linguistics SPRL cannot in any way be held responsible for a delay in delivery or the loss of a shipment by third parties, nor for damages occurring during the shipment.
7.3. LV Linguistics SPRL will inform the client if the indicated delivery time cannot be met and will always strive to offer a satisfactory solution to the client.
7.4. Any force majeure incident results in the suspension of LV Linguistics SPRL's obligations, which will be required to provide the requested work as soon as it is possible.
8. Prices and payments
8.1. The prices of LV Linguistics SPRL are expressed in Euros.
8.2. Invoices from LV Linguistics SPRL are payable within 15 days from the date of issuance of the invoice, unless otherwise formally agreed.
8.3. The amount of any invoice that is not fully paid by the due date is automatically increased without prior notice by a late interest of 1% per month. Each month started is considered a full month.
8.4. If, within 5 days following a formal notice, LV Linguistics SPRL has still not received any payment, a flat fee equal to 10% of the amount of the unpaid invoices, with a minimum of €50, is automatically due for additional damages, administrative costs, and others.
8.5. In case of non-payment, any partial or full representation or reproduction of the translated text is prohibited, under penalty of violating the copyright of LV Linguistics SPRL.
9. Complaints
9.1. Any potential complaints regarding work performed must be communicated, by registered letter, no later than 7 calendar days following the date of delivery of the work. They must be accompanied by the original documents and the disputed work. After this 7 calendar day period, the work will be considered accepted without reservation by the client.
9.2. Any claims regarding an invoice must be communicated, by registered letter, no later than 7 calendar days following the date of sending the invoice. After this 7 calendar day period, the invoice will be considered accepted without reservation by the client.
9.3. In the event of a claim made within the established timeframe, LV Linguistics SPRL commits to re-examine the disputed work, at its own expense and within a limited timeframe, impartially and to make any modifications it deems necessary. Claims regarding the non-compliance of the translation must be detailed with references to dictionaries, glossaries, or other reference works. LV Linguistics SPRL remains the sole judge of the relevance of such disputes. Under no circumstances can defects in a part of the translation call into question the entire work. LV Linguistics SPRL reserves the right to make modifications. The client loses any right to claim if they have altered the work delivered by LV Linguistics SPRL themselves or if they have sent the work to a third party. A complaint does not interrupt the payment deadline.
10. Jurisdiction and applicable law
All contracts between LV Linguistics SPRL and its clients are subject to Belgian law. Any dispute will be under the exclusive jurisdiction of the courts of the registered office of LV Linguistics SPRL (Charleroi).
to exclude the participant from the training if the Client has not sent their purchase order to LV Linguistics SPRL before the start of the training;
to exclude from any training, at any time, any participant whose behavior would disrupt the smooth running of the training and/or would seriously violate these General Terms and Conditions;
to suspend access to a training module, any participant who would have made false statements during registration and this, without compensation ;
to refuse any registration from a Client for legitimate and non-discriminatory reasons, and in particular to refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.