- These general terms and conditions apply to all offers from and agreements with AGConsult, despite the presence of conflicting provisions indicated on documents of the customer. By placing an order, the customer accepts the general terms and conditions of AGConsult.
- All tenders and offers of AGConsult are without obligation until their acceptance by the customer. The agreement comes into force when the customer has signed for approval and returned the offer, unchanged, to AGConsult. Each order or order confirmation by the customer (fax, mail, …) legally binds the customer.
- Cancellation of an order by the customer is possible as long as AGConsult has not yet begun its work and subject to payment of damage compensation of 30% of the agreed price, with a minimum of 1.000 EUR.
- Digital products such as online trainings and ebooks can’t be cancelled or returned. There’s no cooling off period for digital goods. As a buyer you can’t decline such an order and ask for a refund.
- The date of delivery is provided only as an indication, and is not binding on AGConsult. A delay in delivery does not entitle the customer to damage compensation or to a reduction in the price paid, nor to termination of the agreement.
- If the parties have explicitly agreed a binding delivery time, this deadline will be extended if the customer fails to provide (on time) information, documents, originals, images, fails to accept (on time) the improved proofs, or if the customer places additional orders.
- All invoices are payable on their due date via transfer to the bank account of AGConsult. Each payment will be applied to the oldest overdue invoice, and first to the interest and costs owed. Discounts granted will be void if the general terms and conditions of sale are not respected.
- Each dispute must be sent to AGConsult by registered letter with supporting arguments within a period of 8 days. For complaints or disputes concerning the delivered services, the period begins on the day following delivery. Regarding the invoice, its payment term begins on the invoice date. In the absence of the timely disputing of the invoice, the services/invoices are definitively accepted and payment is owed.
This clause doesn’t apply for digital goods. They can’t be cancelled or returned. - If the customer does not pay within 8 days after receipt of a demand for payment by AGConsult, the customer will owe AGConsult default interest of 12% per year, and fixed damage compensation of 10% of the invoice amount with a minimum of 125 EUR, from the date of the demand for payment until full payment. In addition, AGConsult retains the right to suspend further performance of its obligations until the customer has paid the overdue invoices. Each delay in payment by the customer makes all owed amounts payable immediately.
If the client fails to pay AGconsult will take legal action. All costs for this are for the client. - Until the customer has paid all invoces incurred through the contract of sale, the delivered goods and services remain the exclusive property of AGConsult. In case of non-payment, AGConsult can reclaim the property of the hereto delivered goods and services.
- Subscriptions are automatically renewed, unless the customer notifies AGConsult of cancellation at least two months prior to the expiration date.
- A registration for an open training can be cancelled up to a month before the training date, provided an administrative fee of 50 euro excl. VAT is paid. In all other cases, the registrtaion for the training has to be paid in full. Registration can be moved to a later date at no extra charge provided this change is requested at least 3 days prior to the training date. Moving a registration to a later date can be done only once.
- AGConsult agrees to perform all the provided services with care. All services provided by AGConsult are an obligation of means. Wijs is not liable for defects in performance attributable to inadequate or incorrect input from the customer.
- AGConsult cannot be held liable for any error (including major error) on the part of it or its appointees, except for the case of fraud. Whatever the cause, form or object of the claim for which liability is invoked, AGConsult can in no way be held liable for any consequential loss such as loss of expected profit, reduced sales, increased operating expenses, or loss of clientele that the customer or third parties might suffer due to any error or negligence on the part of AGConsult or an appointee.
- The customer will not hold AGConsult liable for any copyright claim by third parties regarding published texts, images, logos et cetera.
- AGConsult remains the right to consider the agreement as null and void without prior warning in case of any change in the legal condition of the customer, poor credit, bankruptcy or any breech of these terms and conditions. If the agreement between AGConsult and the customer is ended as a result of this, the customer cannot lay cliam to any compensation whatsoever, financial or otherwise.
- In the case of termination of the agreement, the customer shall pay for all services delivered, as well as the costs that AGConsult incurs as a result of this termination, plus fixed damage compensation of 30% of the amount that AGConsult still could have invoiced to the customer if the agreement had been fully executed. Any advance payment made remains with AGConsult. In addition, AGConsult retains the right to claim higher damage compensation if it proves that the damages actually suffered are greater than the fixed damages as established above.
- However, each party accepts to grant the other party a reasonable period to rectify its possible shortcomings, and to always look for an amicable settlement first.
- Parties agree to keep confidential the commercial and technical information, and the trade secrets that it has learned from the other party, even after the termination of the agreement, and to use such only for execution of the agreement.
- The customer agrees he will be added to AGConsult’s customer portfolio.
- If any clause of these general terms and conditions is invalid, the remaining clauses will remain fully in force and AGConsult and the customer will replace the invalid clause by a different clause that approaches the aim and the intent of the invalid clause as closely as possible.
- Belgian law is applicable to the agreements of AGConsult. Each dispute with respect to the concluding, validity, execution and/or termination of this agreement shall be settled by the competent court at Antwerp.