Legal Terms of Service
- VALIDITY AND ACCEPTANCE OF THESE TERMS
These general conditions apply to all agreements between Global Knowledge Belgium Ltd. and its customers, provided there is no deviation in special conditions or agreements. Our general and our special sales and delivery conditions are considered to be accepted by our client, even if it would conflict with his own general or special conditions. The latter are only binding when we have explicitly accepted them in writing. Our agreement may in no case be derived from the fact that we accepted the trade agreement would without protesting against the provisions related to the general or special conditions or other similar provisions of the buyer. The appointee, employee, spouse or any other relative of the purchaser represents him and is supposed to have the necessary mandate to legally bind the purchaser to us.
- QUOTATIONS AND ORDERS
All quotations and price lists are binding and are only by way of information so that they not entail commitment. Our prices are subject to change without prior message. Any order or commission made by the customer is binding, but Global Knowledge Belgium Ltd. is only bound after written confirmation. Costs, packaging and taxes regarding the ordered products are not included in our prices. Transport costs are borne by the customer.
Our intermediaries, representatives, agents and employees have no right to bind the company in any way. Orders or contracts made by them are valid only after written confirmation by a delegate director or a duly authorized person of Global Knowledge Belgium Ltd. We reserve the right to refuse orders which we have not confirmed in such way.
Registrations for courses or examinations can only be done in writing (letter, fax or email). The date of registration shall be the date of receipt of the registration. Telephone registrations must still be written and confirmed within 3 working days. Applications must be sent to:
Global Knowledge Belgium bvba - Sales
Zandvoortstraat 1 B-2800 Mechelen
Tel.: + + 32 (0) 15 27 65 35
Fax: + + 32 (0) 15 20 49 50
E: mail: firstname.lastname@example.org
A registration is only definitive after confirmation by Global Knowledge Belgium BVBA.
- DATES AND HOURS
The courses which are given and the dates on which they occur are listed in the planning booklet that is published several times a year. Global Knowledge Belgium reserves the right to change this schedule at any time without previous notice. Courses are given on weekdays, between 9.00 and 16.30. with a lunch break of about one hour. Examinations may be started from 9.00 to 13.00 (if the maximum length of the exam is 4 hours) or 15.00 (If the maximum duration of the exam is two hours.)
- FEES, BILLING AND PAYMENT
The course fees are listed in the brochure. Lunch, coffee and tea are included in the course fees. These rates are without VAT. The Company reserves the right to adjust its course fees, unless the course fee has been confirmed to the client in writing. Payment must be made within the period indicated on the invoice by payment of the billed amount shown on the invoice to the account of the Company, stating the invoice number. In case of advance billing the Company reserves the right to deny access to the course if the invoice has not been paid on the date of commencement of the course.
- CANCELLATION, POSTPONING OR REPLACEMENT
7.1. The customer may send a substitute in place of the registered trainee if desired.
7.2. If Client:
a) Is a private individual then Client has the right to cancel a Distance Contract during 7 working days after the conclusion of the Distance Contract without reason provided that Global Knowledge has not commenced delivery of the course and/or service during this period of 7 working days.
b) cancels a course and/or service; requests a postponement of a course and/or service, and Global Knowledge honours this request, then Client will, without prejudice to the reflection period as referred to in art.
7.2 paragraph a) in the case of a Distance Contract is applicable, owe Global Knowledge cancellation costs and/or postponement costs, which are calculated on the basis of a percentage of the price of the course and/or service, as follows: If Global Knowledge Belgium cancels or postpones a course and/or service at the customer’s request, the customer will owe Global Knowledge Belgium a course/service cancellation or postponement fee calculated as a percentage of the price of the course and/or service, as set out below:
Cancellation/postponement request Cancellation Fee Postponement Fee More than 3 weeks before start of the course and/or service None None In the 3rd and 2nd weeks before the start of the 1st course and/or the 1st day of the start of the service 50% 25% Less than one week before the start of the 1st course day and/or the 1st day of the start of the service
The customer must submit cancellation and postponement requests in writing. The customer will receive written confirmation from Global Knowledge Belgium. The postmarked date of a written cancellation sent by post will be taken as the time of cancellation. In the case of cancellation by telefax or electronically, the time of receipt of the telefax or electronic message by Global Knowledge Belgium will be taken as the time of cancellation. From the first day of the start of the course and/or service, the customer may no longer request postponement. In such cases the total cost of the course and/or service will be payable. Subject to the costs stated in the table above, the customer will have a possibility after cancelling the course to take a replacement course. 7.3. If the customer fails to fulfil any obligation under these General Conditions and consequently Global Knowledge Belgium dissolves the agreement or suspends its performance, the customer will be under obligation to pay Global Knowledge Belgium the full price of the course, without prejudice to the right of Global Knowledge Belgium to require complete compensation for incurred damage.
The Company will make every reasonable effort to ensure the courses or exams will take place as scheduled. The Company shall not be liable if a course or exam in whole or in part needs to be cancelled because of reasons of force majeure. The reasons of force majeure will be considered all circumstances of such a nature that fulfilment of the Agreement couldn’t reasonably be expected from the Company, and in any case the partial or total failure of a third party, government measures, illness of irreplaceable staff, business- or other disorders, seizure, fire, defects in the course material, and furthermore any other fact that the Company could not reasonably have foreseen, or on which no influence could be exercised. If the Company due to force majeure couldn’t or could only partially provide a course, it is entitled to postpone the course or to wholly or partially dissolve this agreement, in which case the client will be refunded Page 3 a fair share of the total fee, in which case the Company of all its obligations will be discharged. The foregoing list is not restrictive. Global Knowledge Belgium Ltd. has no obligation to prove the unforeseeable nature of the circumstances that force majeure. Client is not entitled to any compensation.
Although the Company will endeavour to teach courses to the best of its ability, the Company - except in cases of intent or gross negligence on the part of the Company or its managers – is not liable for any of the clients or his staffs claimed damages, including damage directly or indirectly arose from or otherwise regarding the use of the course material, the content of the course, the application or its outcome. The client obligates himself to indemnify the Company for possible claims by third parties for such damages. Any possible liability of the Company for damages is in any case limited to the fee the client paid for the relevant course(s).
Any complaint regarding services or goods must be notified to us by registered letter within eight days after the execution of the service or delivery of the goods. After this period, the complaint will not be observed. Any complaint regarding our invoices must be sent to us by registered letter within 10 days after their receipt. When this does not happen, the invoices are regarded as accepted, without reservation. A complaint can not in any case justify a suspension of payment.
Any order placed by the customer is final, regardless of whether or not an advance was paid. The advance paid by the buyer will be deducted from the order price. All invoices are payable at our registered office, in cash, net and without discount, unless otherwise stated on the invoice. If Client is a private individual, payment solely takes place through credit card via the website of Global Knowledge. In case of delay or tardiness lawfully and without notice interest are due at the rate of 13% per year, also a compensation equal to 20% of the invoice amount, this compensation will not amount to less than € 125. The non-payment on the due date of a single bill, the protest of a bill (even if it was not accepted), any application for composition amicable or court, any request to delay payment, even official, or any other fact that shows the clients inability or failure to pay, makes the balance of all the other, not even expired invoices immediately due and payable without notice. Moreover, Global Knowledge Belgium Ltd. reserves in these cases the right to, without notice, suspend all deliveries.
If the invoice at the request of the client was prepared in the name of a third party, the client and the third party are jointly liable for the payment and other obligations arising from the general and special Terms and Conditions.
- EXPLICIT TERMINATION CLAUSE
The parties expressly agree that the provisions of this clause warrant an explicit termination. Notwithstanding its right to compensation, maintains Global Knowledge Belgium Ltd. the right to dissolve or terminate this contract at any time without notice or compensation, because of the non-payment on the due date of a single bill, the protest of a bill (even if it was not accepted), any application for composition amicable or in court, any request to delay payment, even official, or any other fact which the customer is clearly failing to pay.
- EXCLUSIVE JURISDICTION
Any dispute regarding this contract falls exclusively within the competence of the courts of the judicial district of Mechelen and, where appropriate, under the jurisdiction of the Peace Judge of the first canton in Mechelen. These courts are explicitly recognized and accepted as the only competent jurisdiction by both parties. Any dispute between the customer and Global Knowledge Belgium Ltd. is exclusively under the jurisdiction of Belgian law.
GLOBAL KNOWLEDGE EXAMINATION CONDITIONS
These conditions are an integral part of the General Conditions of Global Knowledge
These examination conditions apply to examinations sold by Global Knowledge insofar as taken at a Testing Centre on Global Knowledge’s premises in Mechelen, Belgium.
PART 1. GENERAL
- Examinations may be taken only at a Testing Centre of Global Knowledge.
- Global Knowledge will administer only examinations of candidates who purchased from Global. Other candidates should apply directly to their supplier for their examinations.
- Registrations for examinations must be submitted in writing, preferably by e-mail.
- Registrations must reach Global Knowledge not later than 3 working days before the desired examination date.
- Registrations should preferably be submitted by the contact person of the client.
- A holder of an Exam Pass, or the contact person acting as his representative, must keep Global Knowledge informed of any project changes that directly affect the examinations.
- Examinations may be requested 2 months in advance at most.
- The contact person of the client will receive written confirmation of requested examinations.
- An examination request may be changed once free of charge, provided that the change is made known to Global Knowledge in writing not later than 3 working days before the examination date.
- If a written request for change is received within 3 working days of the examination date or the request concerns a second change, 100% of the examination costs will be charged.
- If a candidate fails to attend the examination, 100% of the examination costs will be charged.
- A candidate who is ill must submit a doctor's certificate. Provided that a doctor's certificate is received, no costs will be charged for the examination. In the absence of a doctor's certificate, the change fees stated above will be charged.
- On the day the examination is to be taken, the candidate must report to Global Knowledge, where identification will be required in the form of a valid passport or driving licence and another means of identification.
- If the candidate arrives 15 minutes late, the exam administrator will have the right to refuse to let the candidate take the examination.
- Unless otherwise agreed, the entire price owed for the Exam Pass plus VAT will be invoiced immediately after confirmation of the Exam Pass signed by the holder. The Exam Pass will be activated after payment of the invoice.
PART 2: EXAM PASS
- The Exam Pass will be made up of an agreed variable number of examinations.
- The Exam Pass will be valid for not more than one year.
- The validity of the Exam Pass will start on the day the first examination is taken (if this examination is changed, the original examination date will continue to apply as the starting date of the Exam Pass), but not later than on the date of signature, and will end when the number of agreed examinations has been used up, and in all instances 1 (one) year after that date.
- The Exam Pass cannot be surrendered in return for money.
- The rights and obligations under the above agreement are not transferable without the prior written consent of Global Knowledge.
- At the time of entering into the agreement, the holder must designate a contact person for each Exam Pass.
- The holder’s contact person will be kept informed periodically about:
• examinations taken using his Exam Pass, naming the candidate in each examination;
• scheduled examinations to the extent known to us. Examination