Article 1: Applicability
1.1. All tenders submitted by Flanders Business School (hereafter referred to as “FBS”, “we”, “us” and “our”), all by FBS concluded agreements and all deliverables (in the broadest sense of the word) by FBS for which you are a client are subject to these Terms and Conditions.
1.2. As a client you are supposed to be aware of these Terms and Conditions; when you conclude an agreement with us you agree with these Terms and Conditions, irrespective of conflictive purchase conditions.
1.3. Deviations from these Terms and Conditions are possible, but only based on an explicit, prior agreement, co-signed by FBS. A simple notification per, for example, a document with your “general conditions of purchase” does not suffice.
Article 2: Payment of invoices
2.1. All payments to FBS are made through bank transfer to the account number stated on the invoice.
2.2. Our invoices are payable at the latest by the due date mentioned on the invoice. Unless indicated otherwise, prior agreement payment term is 30 days.
2.3. In case of non-payment or underpayment of an FBS invoice by the due date, you owe us, by operation of the law, the payment of the interests on arrears without us providing a letter of formal notice, as defined in article 3 infra, and a compensation, as defined in article 4 infra.
2.4 The partial or non-payment of an invoice on its due date results in:
all of your outstanding accounts at FBS becoming repayable on demand;
the expiry of all discounts and payment facilities provided by us.
Article 3: Interests (on arrears)
3.1 All arrears of invoices will be charged, by operation of the law and without us providing a letter of formal notice, with an interest of 10% a year on the principal amount, starting on the due date.
3.2 As a customer, you are not allowed to invoke a complaint about our service or about our courses in order to refuse payment (cf. infra, article 10); this is only possible by contesting the invoice as such (cf. infra, article 6).
Article 4: Damage compensation
4.1 If the delay of payment of an outstanding invoice is more than 30 days, you owe FBS, by explicit agreement between the parties, the amount receivable increased by a conventional damage compensation of 10% of the amount invoiced, with a minimum of € 65.00.
4.2 If the delay of payment of an outstanding invoice is more than 90 days and we consider it necessary to appoint a third party in order to obtain payment, our initial claim will be increased with the costs related to this intervention.
Article 5: Material errors and contestation of invoices
5.1 If you believe that one of our invoices possibly contains a material error, contact the financial representative of FBS within 8 days after receipt of this invoice. The financial representative is in CC with your digital invoice. They will take the necessary actions in consultation with you.
5.2 If you consider that there are grounds to contest an invoice of Flanders Business School, you can do this at the latest (a) within 8 days of receipt of invoice (we consider the first business day following the transmission of a digital invoice as the date of receipt) or (b) 15 days after the invoice date. (The longest term will apply.) You give notice of the contestation to the financial representative of FBS (to be found in CC with your invoice). We prefer email communications (you request a delivery notification), or you can opt for registered post which is legally also a possibility.
Your contestation only becomes final when you have received a delivery notification (email) or an acknowledgement of receipt through mail (registered post).
Article 6: Cancellation regulation
6.1 In case you are forced by circumstances to cancel a registration, you must take into account that our cancellation conditions for “events” and “trainings” are slightly different. By “events”, we understand the “short” (one day max.) events that are academic- and/or business-oriented with FBS as a (co-)organizer; by “trainings”, we understand the various training trajectories we organize; usually these are spread over several days.
6.2.1. In case you are unable to attend an event for which you have registered, you have the possibility to provide a replacement – e.g. a colleague. It is sufficient to give notice of this by sending an e-mail to email@example.com; on that occasion you can pass on any amendments in the billing details. Thereafter you will receive a confirmation e-mail.
6.2.2. If you see no other option than to cancel your registration, following conditions apply:
Until 14 calendar days after receipt of the written confirmation of your application, you can cancel your registration free of charge, unless the event takes place within that term;
When cancelling your registration between 14 and 3 days prior to the event, you owe FBS a compensation of 50% of the enrolment cost;
When cancelling your registration after 3 days prior to the event, FBS will charge 100% of the enrolment cost.
6.3.1. If you wish to cancel your registration for a training, you should notify us in writing. This is done by writing to the representatives of the training (email with delivery notification or a letter), with CC to firstname.lastname@example.org. Every request for cancellation will receive a delivery notification from Flanders Business School.
6.3.2. As a participant of a training, you can cancel your registration free of charge within 14 calendar days after receipt of the written confirmation of your application. If due to circumstances (with the exception of force majeure, where the provision in article 10 below applies) you are unable to attend a training, you have the possibility to arrange a replacement (cf. 6.3.3). If this is not possible, following compensation fees will be due to FBS:
When cancelling your registration/training over 90 days prior to the commencement, no compensation is due;
When cancelling your registration/training between 90 and 30 days prior to the commencement, a compensation of 25% of the total registration cost is due.
When cancelling your registration/training after the 29th day prior to the commencement, a compensation of 50% of the total registration cost is due.
“Total registration cost” for the MBA-program means: the registration fee for the first and the second master year. As a consequence, a compensation of 25% or 50% implies that de facto the cost of respectively a half-year or a full year of both the training years will be charged.
6.3.3. Replacement-regulation: participators who are unable to attend a training, have the option to provide a replacement. The candidate who is proposed in this regard, will have to fulfill the admission requirements of this training and, in such event, will have to be accepted by our assessment committee. In that case, no cancellation fee will be charged to the contractor.
6.4 Flanders Business School reserves the right to cancel a training until 15 calendar days prior to the commencement of the training. In that case, registration fees already paid will be refunded within 14 calendar days of the notification of the cancellation.
Article 7: Termination
7.1 In addition to the provisions in articles 4 and 5 supra, you expressly accept that in case of non-payment or underpayment of the fees due, we have the right to terminate all further deliverables immediately. In that moment, we reserve the right to regard the relevant agreement as dissolved, in full or for the part not yet fulfilled, by operation of the law and without prior formal notice. You are not entitled to any compensation for the deliverables not carried out.
7.2 FBS also reserves the right to regard the relevant agreement as dissolved by operation of the law and without prior formal notice in case of bankruptcy or the inability of the client to pay, as well as any change in the legal situation of the customer.
Article 8: Force majeure
8.1 Force majeure is understood to be any failure in carrying out the agreement, beyond the control of both parties, of such a nature that a demand for compliance with the contract against one of the parties would be manifestly unreasonable or impossible. In case of force majeure, neither party shall be required to comply with the contract, nor to pay any compensation.
8.2 Cases of force majeure do not give rise to the reimbursement of registration costs. However, Flanders Business School will explore whether and how a participant, who is unable to attend 1 or more days of the training by circumstances, can participate in the next training programme in consultation with the contractor(s) – providing that a programme with the same content is organised.
Article 9: Complaints
9.1 A complaint is only admissible when the allegations, clearly defined, are served to FBS on behalf of the customer within 14 business days after their occurrence (or after the provision of the deliverables you are unsatisfied about) by registered mail.
9.2 FBS shall provide a delivery notification in writing within 14 calendar days after receipt of your complaint and shall thereafter ensure that your complaint is handled within four weeks after the date of the delivery notification.
9.3 All complaints are handled in confidence.
9.4 Our aim is to resolve disputes in mutual consultation. If the complaint cannot be solved in joint consultation, a dispute arises that will be submitted to the competent court by the willing party.
Article 10: Competent jurisdiction and applicable law
10.1 All disputes concerning these Terms and Conditions and the agreement are governed by Belgian law.
10.2 Only the courts of the judicial district of Antwerp have jurisdiction in potential disputes relating to the application of these Terms and Conditions.