Nexxworks' Terms and Conditions

GENERAL TERMS & CONDITIONS NEXXWORKS BV

1. nexxworks BV

These are the general terms and conditions of nexxworks BV, with registered seat at Sint-Pietersnieuwstraat 128, BE-9000 Gent, Belgium, registered in the Belgian Crossroads Bank for Enterprises under n° 0546.719.813, (RPR Gent), hereafter ‘nexxworks BV’, ‘We’ or ‘Us’.

2. Acceptance of Our terms and conditions, application of our Privacy Policy

These terms and conditions apply to all offers, quotations, orders and deliveries of goods or services by nexxworks BV, unless We have expressly and previously agreed in writing to the apply different conditions. Other parties’ terms and conditions - in the broadest sense - are not binding on nexxworks BV, unless We have previously accepted these terms and conditions in writing. When We process personal data relating to you or employees of your company in the provision of our services, our Privacy Policy applies. If you order a tailormade program for your company, it is your responsibility to inform the employees or other persons that will take part in the program about our Privacy Policy, and specifically about the fact that during events We may take photos, video or audio recordings of the event and share such photos or recordings on our website and/or via social media or other channels.

3. Exclusion of consumers

Nexxworks BV only provides its services to businesses or professionals and not to consumers. Customer represents and warrants that in doing business with nexxworks BV he is not acting as a consumer, and he is either (i) acting on behalf of a legal person or (ii) as a natural person strictly acting for trade, company or other strictly professional purposes. All customers should be registered as a company and provide their company registration and VAT n°.

4. Offers and prices

All Our offers and quotations are noncommittal and remain valid for no more than 30 days from the date of offer. After this term, We are entitled to change offered prices and/or conditions of the offer, or refuse the order. All prices are VAT excluded, unless expressly stated otherwise. Bank and other charges resulting from international transfers or exchange rate fluctuations are entirely at customer’s expense.

5. Complaints

All complaints regarding Our services or objections regarding Our invoices must be made by registered letter within eight days from receipt of the invoice. Failing this, Our invoices shall be considered accepted without any reservation. A complaint can under no circumstances justify suspension of payment.

6. Payment conditions

Our invoices are payable within 30 days from invoice date, unless a different due date has been agreed in writing. For tailormade programs (such as company of organization specific bootcamp / tours / workshops / keynotes), 50% of the price shall be invoiced at confirmation by the customer, the remaining 50 % shall be invoiced at the start of the program. For open programs (tours & bootcamps open to all professionals) 100% of the price shall be invoiced at confirmation. Any amount that remains unpaid on the due date shall automatically and without prior notice be subject to interests, at a rate of 1% per month. In case customer does not pay the invoice in full by its due date, customer shall be liable to pay damages equal to 10% of the invoice amount, with a minimum of 65 EUR. Interests and damages are due without prior warning or formal notice. As for the interests, every started month is counted as a complete month.

7. Cancellation terms

cancellations of orders or program registrations are valid only if they have been made in writing and are possible only in the following circumstances and in accordance with the following conditions.

Tailormade programs – Once an offer or quotation for a tailormade program has been confirmed, unfortunately you can no longer cancel the program. We do not have an obligation to refund paid amounts and any outstanding deposit invoices will remain due. If a tailormade program cannot go through due to compelling unforeseen circumstances, We are open to discuss alternative arrangements and try to find a solution (such as rescheduling the program insofar possible for Us.)

Open programs - Open program registrations (e.g. bootcamps or tours) can be cancelled free of charge up to 4 months before the start of the program. In case of cancellation of an open program registration between 4 months and 8 weeks before the start of the program, a cancellation fee of 50 percent of the total price for the program shall be due by customer. In case of cancellation of an open program registration less than 8 weeks before the start of the program, 100 % of the total price for the program shall be due by customer. Open program registrations are strictly personal and are valid only for the person mentioned at registration. As an exception, up to 4 weeks before the start of a tour and up to 1 week before the start of a bootcamp, it is allowed to send another person to take the place of the initial registrant, if he or she is prevented to participate due to any professional or personal circumstances.

8. Liability

To the fullest extent permitted by law, We can never be held liable for any form of damage, except in case of wilful misconduct or fraud. In any case, Our liability can never exceed the total value or the amount of the agreement in relation to which Our liability arises. Insofar We are dependent on third parties (such as suppliers or subcontractors) in the provision of services to the customer, we shall not be liable for any damage resulting from such third party’s default, including wilful misconduct, gross negligence or fraud of said third party. Under no circumstance, nexxworks BV can be held liable for any indirect damages such as financial loss, commercial loss, loss of revenue or profit, or loss of information.

9. No transfer of intellectual Property Rights of nexxworks BV

nexxworks BV retains all intellectual property rights (including copyright) on all material and/or immaterial elements created or used in executing and delivering Customers’ order (e.g. video footage, slides, handouts, and presentations, leaflets, documentation, etc.).

10. Force majeure

Under Force majeure (or unforeseen circumstances) shall be understood: any situation which is independent from the will nexxworks BV which prevents the normal performance of its services or which entails that the normal performance of services can no longer be expected of nexxworks BV. Force majeure events include, but are not limited to: natural disasters (such as floods, storms, snow), social disturbance (such as strikes or lock-outs), fire, crime (such as theft or terrorism), embargo, aircraft carrier and transport/traffic problems, illness or medical leave of our speakers. In case the delivery of services by nexxworks BV has become impossible, in whole or in part, nexxworks BV shall have the right to terminate the agreement with customer, without owing any form of compensation to customer.

11. Severability

The invalidity or nullity of a provision, or part of a provision of these Terms and Conditions, will have no impact on the validity of the remaining provisions or parts thereof. This shall also apply when a provision should be regarded as non-existent. The parts of the provisions that are declared null or invalid will remain binding for the part thereof that is permitted by law.

12. Disputes

These terms and conditions and all agreements made with nexxworks BV shall be governed exclusively by Belgian law. Any dispute or claim arising from or related to these general terms and conditions or agreements made with nexxworks BV shall be submitted to the exclusive jurisdiction of the Company Courts of the district of Ghent.

13. Modifications

We reserve the right to unilaterally modify our General Terms and Conditions from time to time.