Terms and Conditions
ACTORIS GENERAL TERMS AND CONDITIONS
1. Activities, definitions and coverage
Actoris SPRL is a specialised Information Technology consultancy firm, registered at the Banque Carrefour des Entreprises under Nb. 546.989.334, with headquarters at Chaussée de Brunehaut 193A, 4450 Juprelle (Belgium). The services provided by Actoris SPRL in terms of consulting, are centred around a methodology that is unique to Actoris SPRL and specifically adapted to this field. The methods and services offered by Actoris SPRL within the framework of their activity as Information Technology consultants, are detailed on the following Internet sites: www.actoris.eu, www.actoris.be and www.actoris.com. Amongst other things and via its Internet site, Actoris SPRL offers online training. These general Terms and Conditions govern the relationship between the parties, Actoris SPRL, hereinafter referred to as Actoris on the one hand, and the clients on the other hand. "The client" is any natural or legal person who calls upon Actoris, within the framework of their services as Information technology consultants, whether relating to the ordering of online training.
2. The sale of online training.
As mentioned in Article 1 of the present Conditions, Actoris offers, aside from Information Technology Services, the sale of online training. The two last activities are operated by Actoris in its capacity as go-between. Online Training is provided by an English company and partner of Actoris, "IT Training Zone limited". Within the framework of these activities, the guarantees provided by Actoris are therefore limited to the guarantees received by Actoris from the service providers, so "IT Training Zone limited", respectively. In the case of any claim relating to these activities, the client must comply with the regulations and deadlines provided under Article 6 of the present Conditions. Relating to the sale of online training, a detailed description of the training content and necessary prerequisites for their monitoring, is available on the following Internet sites: www.actoris.eu and www.actoris.be. The client is informed of the price of the training sessions, together with the fact that the training takes place in English. The client who orders online training, does so knowingly and will not be able to justify any claim specifying that the training has taken place in English, that they were not given the adequate information or that they were not satisfied with the training content. The client may also purchase, via the Internet sites: www.actoris.eu and www.actoris.be, a voucher allowing them to pass the online examination following from the training that they have followed. All of the information relating to these examinations are available on the aforementioned Internet sites, under the "FAQ examinations" tab. Under no circumstances will the client be able to hold Actoris responsible for the failure of an examination.
3. Pricing, payments and deadlines
Concerning the consultancy services provided by Actoris, prices are supplied on request and according to the client's specifications. After having informed the client, Actoris will work on the basis of a set price or hourly price. The invoices issued by Actoris are payable in full, except where stipulated otherwise. Any sum that is outstanding will entail without formal notice and ipso jure, interest at the rate of 12 percent per year, as well as a penalty clause equivalent to 15 percent of the sum due. Actoris reserves the right to subordinate the beginning of the service until a down payment is received. Concerning online training, prices are displayed on the following Internet sites: www.actoris.eu and www.actoris.be. Prices are displayed in Euros, excluding VAT and are susceptible to be modified according to the rate of exchange between US dollars and Euros. Payment must be made by bank transfer, as soon as the client has placed the order on the aforementioned sites, by filling in the form available online. Training will only be delivered and be accessible to the client once payment has been received in Actoris' account. The order turnaround times supplied by Actoris are only indicative and are in no way binding for Actoris.
4. Cancellation of the order
Should a client wish to cancel their order, they must inform Actoris as soon as possible.The down payment made by the client will not be refunded.If no down payment has been made, Actoris may demand a cancellation indemnity equivalent to 30 percent of the price of the services ordered and cancelled by the client.This indemnity may be increased by 40 percent of the price of the services, in such a case where the cancellation relates to services that Actoris has already begun to provide and that are interrupted by the client. Concerning online training, the client will be unable to cancel his order after having made the payment.
5. Actoris' Responsibility
The client acknowledges and accepts that all the obligations under which Actoris is liable, are exclusive and that Actoris will only be responsible for fraud or gross negligence. In the case where the client proves the existence of gross negligence or willful misconduct on the part of Actoris, the prejudice for which the client may request compensation will exclusively include the material damage resulting from the prejudice of Actoris, with the exception of any other damages and which may not in any case exceed 75 percent (excluding VAT) of the total amount paid by the client when placing the order. The client accepts that Actoris is not responsible for any direct or indirect damages caused by the services provided, such as the loss of earnings, increase in overheads, loss of clientele, etc. Actoris will not be held responsible for any incorrect data given by the client, or in the case of an order placed by a third party in their name.
Any claims will have to be set out in writing, within 8 days after the events giving rise to the claim. They should be sent by recorded delivery, to the headquarters of Actoris, Chaussée de Brunehaut 193A, 4450 Juprelle (Belgium), or via email to email@example.com. Failing this, they will not be taken into consideration. Should a claim prove to be justified, Actoris will have the choice of giving a refund or compensation in kind.
7. Intellectual property
The information, logos, designs, brands, models, slogans, graphics, etc. accessible via the following Internet sites: www.actoris.eu and ww.actoris.be belong to Actoris and are protected by intellectual property rights.
Except as expressly provided, the user is not authorised to modify, reproduce, rent out, lend, sell, distribute or create derivative works based on all or part of the elements present on the following Internet site: www.actoris.eu, www.actoris.be and actoris.com
8. Processing of personal data
Within the framework of online training orders, as well as when a contact form, available on the following Internet site: www.actoris.eu, www.actoris.be and www.actoris.com, is filled in, the client must provide personal data regarding their surname, name and email address. This data is used by Actoris within the framework of client management and will only be transmitted to Actoris' partners in the case where the client has expressly given their consent. Actoris processes the confidential data and pursuant to the national and international provisions, of which amongst others, the Belgian Law of the 8th December 1992, relative to the protection of personal data and treatment of personal data, modified by the Law of 11th December 1998. At any moment in time, the client will be able to, subject to a written, signed and dated request, addressed to the headquarters of Actoris, Chaussée de Brunehaut 193A, 4450 Juprelle (Belgium), or via email to firstname.lastname@example.org, after having justified their identity (by attaching a copy of their identity card) obtain free of charge, their personal data acquired by Actoris, by post, as well as, should the case arise, the rectification of any incorrect or incomplete data, or their deletion. A copy of the data will be supplied at the latest, 45 days after reception of the request.
9. Force majeure
Actoris cannot be held responsible, either on a contractual or extra-contractual basis, in the case of non-performance, either temporary or definitive, of its liability, when this non-performance is a result of a force majeure or fortuitous. The following are considered to be cases of force majeure or fortuitous events : 1) The total or partial loss of Actoris' information technology system or of its data base when one or other of these events cannot reasonably be attributed to Actoris and it is not shown that Actoris has failed to take reasonable measures allowing one or other of these events to be prevented, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) war or terrorist acts, 7) strikes, declared or non-declared, 8) lock-outs, 9) blocades, 10) insurrections or riots, 11) the stopping of an energy supply (such as electricity), 12) a failure in Internet supply or database storage system, 13) a telecommunications network failure, 14) a loss of Internet connection or telecommunications network of which Actoris depends, 15) a fact or third party decision , when this decision affects the proper implementation of this present contract or 16) any other cause beyond the control of Actoris.
10. Diverse provisions
The present general Terms and Conditions are displayed on the following Internet sites: www.actoris.eu, www.actoris.be and www.actoris.com. Actoris reserves the right to modify the present Terms and Conditions at any moment without prior notice. These changes will apply to all subsequent orders placed with Actoris.
The nullity of one of the provisions set out in the present Terms and Conditions does not affect the validity of the other provisions. Any objection relating to services provided by Actoris, as well as any objection regarding the validity, interpretation or execution of the present general Terms and Conditions, will be subject to Belgian Law and the exclusive jurisdiction of the Provincial courts of Liège.