Terms and conditions

Article 1: conditions of use

1.1 These general terms and conditions apply to all business agreements between yournextme and its clients for the provision of advice and/or the implementation of training courses, workshops, coaching sessions or other activities that contribute to personal and/or professional growth.

1.2 In the following text, the name ‘yournextme’ has the following meaning: yournextme and third parties engaged by this organisation to carry out agreed assignments.

1.3 Deviations from these terms and conditions are only binding in consultation and when yournextme has expressly confirmed these deviations to the client in writing.

Article 2: quotations and agreements

2.1 All quotations made by yournextme are without obligation and are valid for 30 days, unless otherwise indicated. Yournextme is only bound by a quotation if the client has confirmed its acceptance to Yournextme in writing within the specified period of validity, without reservation or modification, and the client has not contested its accuracy in writing within ten working days or (if that period is shorter) at least 48 hours before the commencement of the work.

2.2 Prices in quotations are exclusive of VAT unless otherwise stated.

2.3 In addition to the condition in Article 2.1, an agreement is deemed to have been concluded when the client provides yournextme with a written assignment to provide advice and/or to educate, train or coach one or more participants. Such a written assignment can take various forms, including a signed quotation, a signed contract, a letter, an email or a completed registration or application form from yournextme. It is also possible that yournextme, in consultation with the client, sends a letter to confirm a verbal assignment.

2.4 If a deadline has been agreed for the completion of certain work by yournextme, this is not a strict deadline, unless otherwise agreed. Exceeding the agreed deadline therefore does not constitute an attributable failure on the part of yournextme. For this reason, the client cannot terminate the agreement and is not entitled to compensation. If the agreed deadline is exceeded, the client may, in consultation, set a new deadline within which yournextme must perform the agreement. Exceeding this new deadline may constitute grounds for the client to terminate the agreement.

2.5 If yournextme is commissioned to fulfil an assignment or part thereof in collaboration with a third party, the client will determine everyone's tasks in consultation with all parties involved. yournextme accepts no joint and several liability, nor liability for the performance of the task and the associated activities of the third party.

Article 3: Rights and obligations

3.1 In every agreement between Yournextme and its client, Yournextme undertakes to perform the agreed services in accordance with the highest standards of craftsmanship and care that the client of Yournextme can and may expect at the time the assignment is agreed.

3.2 With every agreement between Yournextme and its client, Yournextme accepts a best efforts obligation and not an obligation to achieve a specific result. It goes without saying that Yournextme, as a supplier, will nevertheless make every effort to achieve a result that is satisfactory to both parties.

3.3 yournextme has the right to engage third parties for the performance of an agreement concluded with yournextme. yournextme hereby undertakes to select these third parties with the utmost care in order to achieve a high quality of performance.

3.4 If one of the parties involved in an agreement fails to fulfil its obligations in a substantial manner and, after being expressly notified of this by the other party, fails to fulfil these obligations within a reasonable period of time, the other party is entitled to terminate the agreement without the terminating party owing any compensation to the party in default. The services that have been provided up to the termination shall be paid for in the agreed manner.

3.5 If yournextme depends on information or cooperation from the client or participant(s) in order to fulfil its obligations, yournextme shall be released from its obligations if the client or participant(s) fail to provide the necessary information or cooperation in a timely and thorough manner.

3.6 If the agreement concluded with yournextme relates to the repeated provision of the same service to the client, the agreement concluded with yournextme shall remain in force for a period of one year, unless expressly agreed otherwise. Such an agreement shall be tacitly renewed for a period of one year. Either party may terminate the agreement in writing three months prior to this renewal, in which case neither party shall be liable to pay compensation to the other party on the basis of such termination.

Article 4: passage, placement, admission and replacement of participant(s)

4.1 Training courses, workshops, educational programmes or other activities aimed at increasing people's knowledge, insight and skills will only take place if the minimum number of participants is present, as agreed with the client. If there are insufficient participants, yournextme will discuss possible alternatives with the client or participant.

4.2 yournextme places participants in a particular training course, workshop, programme or other characteristic activity of yournextme in the order in which they registered.

4.3 Admission requirements apply to some of our programmes. In such cases, admission to these programmes is subject to a written or oral assessment of the participant(s)' level.

4.4 A participant may, in consultation with yournextme and the organisation to which this person belongs, be replaced by another participant if the change is communicated to yournextme in writing at least 48 hours before the start of the first training day. Yournextme will charge the client an administration fee of €50 for the replacement. If the programme has admission requirements, the option of replacement will lapse unless timely assessment is organisationally feasible. The costs of assessing the replacement will be charged to the client.

Article 5: relocation, cancellation, termination or cancellation of programmes

5.1 Transfer, cancellation, dissolution or termination of an agreement can only take place in writing with yournextme.

5.2 If, for whatever reason, a participant fails to participate in a programme on the date on which the participant has been placed without timely written notification, there will be no relocation, cancellation, dissolution or termination, and the original financial agreements between yournextme and its client will remain in force.

5.3 In the case of ongoing or open programmes, relocation, cancellation, termination and termination are possible free of charge up to six weeks before the start of the first meeting.

5.4 For postponement, cancellation, termination, or notice of termination between four and six weeks prior to commencement, yournextme will charge the client 75% of the agreed costs. The remaining costs will lapse in the event of postponement, cancellation, termination, or notice of termination between four and six weeks prior to commencement.

5.5 In the event of cancellation, termination, or withdrawal within four weeks prior to the commencement of the first meeting, the client is obligated to reimburse yournextme for 100% of the agreed costs.

5.6 In the event of relocation within four weeks prior to the commencement of the first meeting, the client is obliged to reimburse yournextme for 50% of the agreed costs for the originally discussed dates.

Article 6: relocation, cancellation, dissolution or termination of customised services

6.1 In the case of training courses that yournextme has tailored to the client's needs, relocation, cancellation, termination and termination are possible free of charge up to eight weeks before the start of the first meeting.

6.2 If the client reschedules, cancels, terminates or withdraws from a training course developed by yournextme at the client's request within eight weeks prior to the start of the first session, yournextme will charge the client an administration fee of €250, plus the development and implementation costs incurred by yournextme, which will be specified in writing.

6.3 In the event of cancellation, termination, or withdrawal within four weeks prior to the commencement of the first meeting, the client is obligated to reimburse yournextme for 100% of the agreed costs (including development costs, course fees, and any location costs).

Article 7: relocation, cancellation, termination or termination of coaching and other guidance programmes and operational support

7.1 In the event of cancellation or rescheduling by the client of coaching and/or other guidance programmes and/or operational support within 24 hours prior to the commencement of the activity in question, the client shall owe 100% of the costs of the cancelled hours or of the agreed principal sum, between 24 and 48 hours before the start of the activities, 50% of these costs.

7.2 The client shall owe 100% of the total agreed principal sum if, even without cancelling, he does not make use of the agreed services of yournextme.

Article 8: Force majeure

8.1 Failure to fulfil the agreement cannot be attributed to the parties in the event of force majeure. In the event of force majeure, there shall be no right to compensation.

8.2 If one of the parties is in default for more than 30 days as a result of force majeure with regard to its obligations arising from the agreement, the other party has the right to terminate the agreement by registered letter with immediate effect without judicial intervention, without this giving rise to any right to compensation.

8.3 Force majeure includes all circumstances that temporarily or permanently prevent the parties from fulfilling their obligations, such as fire, long-term illness, prolonged power outages, and disruptions to the digital network.

Article 9: Fees and payment terms

9.1 Unless otherwise agreed, yournextme's fee consists of a predetermined fixed amount per agreement or per service provided and/or can be calculated on the basis of rates per unit of time worked by yournextme. In addition, yournextme is free to charge the entire amount of the assignment in one instalment or to invoice the assignment amount in instalments.

9.2 All prices quoted by yournextme are exclusive of VAT unless expressly stated otherwise.

9.3 All prices quoted by yournextme are exclusive of travel and other expenses incurred on behalf of the client, including invoices from third parties engaged.

9.4 Payments must be made within fourteen days of the invoice date, unless otherwise agreed in writing. In the event of late payment, the client will owe the statutory default interest and extrajudicial collection costs up to 15% of the amount not paid on time.

9.5 Under certain circumstances (including the development of customised services, the provision of special facilities and the servicing of groups of a different size), yournextme may, in consultation with the client, require an advance payment or equivalent security before commencing its work.

9.6 The contractor reserves the right to adjust the agreed fees annually in consultation with the client.

9.7 If, at the request of the client, yournextme needs to subcontract specialist work or outsource it to third parties, different rates may apply. In such cases, separate agreements will be made between the parties in advance.

9.8 In the event that there are multiple clients, each client is jointly and severally liable to yournextme for payment of the total invoice amount if the work has been performed for all of these clients.

Article 10: Transfer of staff

10.1 None of the parties involved in an agreement is permitted, during the term of the agreement and/or within one year after termination of the agreement, to employ persons who are or have been involved in the performance of an agreement on behalf of the other party, to have them perform other work or to negotiate with these persons to this end, other than after prior verbal consultation and written consent from the other party.

Article 11: Intellectual property and copyright

11.1 The documents provided to the client during the preliminary discussions, preparation and/or execution are intended exclusively for use in the execution of the agreed assignment and may not be reproduced or made available to third parties.

11.2 If copyrights or intellectual property rights are vested in documents used in the preliminary discussion, preparation and/or execution of products and services delivered by yournextme to the client, yournextme is and remains the holder or owner of these rights before, during and after the assignment (except for third-party licences). The client will only be granted a non-transferable right of use to the extent necessary for the performance of the agreement.

Article 12: Liability

12.1 yournextme is only liable for direct damage attributable to it that is demonstrably the result of intent or gross negligence on the part of yournextme and its employees.

12.2 Yournextme cannot be held liable in any way for indirect damage attributed to it. This clause also applies to alleged psychological damage that participants claim to have suffered during projects carried out by yournextme for the client.

12.3 If yournextme is obliged to compensate the client for damage suffered, this compensation shall be limited to a maximum of the agreed fee for the assignment.

12.4 The total remuneration payable by yournextme to its client may never exceed €10,000.

12.5 When physical exercise or sporting activities form part of projects carried out by yournextme for a client, participants are free to decide whether or not to take part in these activities. In such cases, it is up to the participants themselves to determine whether participation is responsible and acceptable for them.

Article 13: Confidentiality of confidential information

13.1 Both parties are obliged to maintain confidentiality regarding all confidential information that they have obtained from each other or from other sources within the framework of their agreement. Information is considered confidential if this has been communicated by the other party or if this is recognisable from the nature of the information.

13.2 If yournextme is required by law or court order to disclose confidential information to third parties designated by law or the competent court, and if yournextme cannot invoke a legal right of non-disclosure recognised or permitted by the competent court, yournextme will not be liable for compensation or damages and the other party will not be entitled to terminate the agreement on the basis of any damage caused by this.

Article 14: Personal data

14.1 Unless the client expressly objects to this, the client grants yournextme permission to include participants' personal data in its database for informational purposes upon entering into an agreement. yournextme manages this data carefully and in accordance with legal requirements; it uses it exclusively for its own purposes and does not make the data available to third parties.

Article 15: Special provisions and disputes

15.1 yournextme reserves the right to immediately exclude participants from a training course or workshop who, through their behaviour or presence, disrupt or impede the normal course of the workshop or training. Exclusion will be communicated (possibly retrospectively) in writing and with reasons to the client and does not release the client from the obligation to pay yournextme the full amount of the assignment.

15.2 Belgian law shall apply to all matters arising from quotations or orders not covered by these General Terms and Conditions.

15.3 In the event of a dispute concerning this agreement, the courts of the registered office of yournextme shall have jurisdiction.

Terms and conditions YourNextMe