This is a automated translation of our official and applicable T&Cs in French that can be downloaded here.
Last revision date: January 2024
Terms & Conditions – 9 CUBE
- General Provisions
These general terms and conditions define, without prejudice to the application of specific conditions, the respective obligations of the contracting parties in connection with the provision of services, in particular works and also any sales, whether related or not, made by 9 CUBE SRL, whose registered office is located at Chaussée de Bruxelles 128 D, 1300 Wavre, referenced in the Crossroads Bank for Enterprises under company number 1004.698.680, hereinafter referred to as “the Service Provider”.
By signing the offer or accepting our offer of services in any form, the customer expressly acknowledges that he has read these general terms and conditions and has accepted them without reservation.
Provisions from which no express derogation is made shall continue to apply. Only waivers agreed in writing by us may change the application of these terms and conditions.
Verbal commitments are only binding on 9 CUBE after written confirmation and duly signed by the parties.
In the event of any conflict between the customer’s terms and conditions and ours, it is agreed that the latter shall prevail.
- Validity of offers
The customer accepts that 9 CUBE’s offers will be sent to him electronically and undertakes to provide a current and valid email address for this purpose.
Unless otherwise stipulated in writing, the validity period of offers is 30 days from the date of issue. Once this period has passed, 9 CUBE reserves the right to change its prices without notice.
Any service entrusted by the client to 9 CUBE will be subject to an estimate drawn up free of charge by 9 CUBE.
The client is also informed that the performance of the agreed services may be subject to the prior payment of a deposit, as mentioned on the supporting document of the offer. In principle, the advance payment is set at a minimum of 30% of the total amount of the benefits. In this case, in the event of non-payment, 9 CUBE reserves the right to suspend the performance of its services until the agreed deposit has been paid in full.
- Purpose and terms of services
9 CUBE offers its clients the following services: Consultancy, individual coaching, team coaching, Enneagram training, MBTI and other soft skills development tools.
These various services will be governed, unless expressly exempted, by the following rules that each party accepts:
The client defines its needs and its project in consultation with 9 CUBE, which draws up an estimate for a service offer.
All offers are non-binding and non-optional; It is for information purposes only, unless expressly stated otherwise. The delivery of prices, prices and quotes by 9 CUBE does not constitute a commitment. 9 CUBE is only committed upon receipt of the quotation signed by the customer. Changes made by the customer to our offer will only be valid if we have accepted and confirmed them in writing.
The client is aware and accepts that the consultancy work cannot be the subject of a priori a precise evaluation of the duration of the services invoiced. The first services are likely to generate new needs for the client and the complexity of the project can give rise to unpredictable services at the start of the project.
This is why the first estimate will cover a first phase of work corresponding to the a priori evaluation.
At the end of this first phase of work, and after payment of the corresponding invoice in full, 9 CUBE issues a new quote that the customer signs for approval. This new estimate is drawn up on the basis of an assessment of the duration of the services required for the completion of the work. Each successive instalment gives rise to the payment of the entire previous instalment and a 30% instalment on account of the new instalment.
The client actively collaborates in the consultancy work by providing 9 CUBE with all the relevant elements.
The balance is paid after validation of the project by both parties.
- Specific rules for training
The client agrees that participants selected to attend a training course undertake to participate in the entire training. In the event of a late arrival that may be detrimental to the proper management of the programme, the trainers of 9 CUBE have the right to refuse access to the training premises. Any missed part of the program will not be refunded or can be made up by another course.
Except in the case of gross negligence or fraud, 9 CUBE declines all liability in the event of damage caused by the misconduct of a participant.
In case of cancellation of a training less than 30 days before the start of the training, 50% of the price of the training will be retained. Within 7 days prior to the training, the full amount will be due.
- Price
9 CUBE reserves the right to pass on to its prices any change in the VAT rate applicable to it that occurs before or on the date of provision of the service.
The prices set are denominated in euros, excluding VAT.
In the case of services at the Client’s premises, the hourly rate of 9 CUBE is increased by 20% and the hours of services will be calculated from the departure of the 9 CUBE seat until the return to this seat. Any travel expenses may be charged.
- Payment
Unless otherwise stipulated in writing, the client accepts that 9 CUBE prefers electronic invoicing. Invoices are payable no later than the due date indicated on the invoices.
Any delay in payment will produce, by operation of law and without formal notice, a conventional default interest calculated at the applicable legal interest rate increased by 2 percentage points, each month started being due in full. It will also produce a lump sum and irreducible compensation of 15% of the unpaid amount with a minimum of €60 per invoice, as an indemnity clause, subject to the demonstration of greater damage. Finally, out-of-court collection costs will be invoiced to the customer at the rate of €25 including VAT when sending the second reminder and €50 including VAT when sending a formal notice.
Any complaint must be sent by registered mail to the head office of 9 CUBE within 8 clear days of receipt of the invoice. Otherwise, the invoice will be presumed to have been accepted by the customer.
- Unpredictability Theory
In accordance with Article 5.74 of the Civil Code, if one of the Parties wishes to request the renegotiation of the contract with a view to adapting it or terminating it following a change in circumstances, the negotiation period will be limited to 8 calendar days from the date of notification to the other party of the change in circumstances and the intention to renegotiate the contract.
- Duration
The duration of the project and the intervention of 9 CUBE is mentioned in the estimate and only starts from the payment of the deposit.
The agreements concluded between the company and its customers concern either the performance of a clearly defined service or a service for a fixed period of time (see offer or order document).
The service ends once it has ended or the term of the agreement has expired. The client, if he wishes, may nevertheless terminate this agreement early by paying for the services provided and a fixed indemnity set at 20% of the total amount remaining due as loss of earnings (Article 1794 of the Civil Code).
However, the agreement will be terminated by operation of law and without prior notice of default by 9 CUBE in the following cases, without prejudice to the company’s right to claim compensation:
– In the event of bankruptcy of the customer;
– In the event of circumstances that jeopardize professional independence;
– In the event of a serious breach by the Client of its obligations under this Agreement.
The Client, if it meets any of these conditions, will be informed in writing by 9 CUBE of the reasons justifying the termination of the agreement.
At the end of the agreement, each party makes available to the other (or its representative) all the documents belonging to the latter.
Except in the case where it is caused, the Client may terminate this Agreement without compensation or notice period if the Service Provider remains in default of its obligations. In this case, the client will ensure that a letter of formal notice is sent to the service provider in advance, giving him a reasonable period of time to perform the obligations for which he remains in default.
- Time
With the exception of group training sessions and our participation in seminars, the deadlines set for our services are given, unless otherwise stipulated, for information purposes only.
If a deadline is imperative, it must be clearly specified as such on the quotation or other equivalent document. In this case, the client may, when the completion is delayed, claim compensation up to a maximum of 10% of the total price of the estimate. Even then, the following circumstances free 9 CUBE from these delays:
1 – Cases of force majeure;
2 – If we do not have all the documents necessary for the proper performance of our service within the required timeframe;
3 – If changes are decided or requested by the client during the course of the work;
4 – If our payment terms are not respected, in particular in terms of payment in instalments.
- Commitment to quality and responsibility on the part of the service provider
9 CUBE undertakes to provide the customer with a consistent quality of service and to provide the customer with the assistance best suited to their needs and in line with the state of knowledge. The obligations to which the service provider undertakes are qualified as obligations of means within the meaning of Article 5.72 of the Civil Code, and cannot bind him as to the result. The service provider cannot be held directly or indirectly, for any reason whatsoever, in the event of fault committed in the performance of its services, even a serious one, except in cases of fraud or intentional misconduct. By way of derogation from Article 5.229. of the Civil Code and except in cases of fraud, the service provider will not be liable for faults committed by its auxiliaries (employees, subcontractors, etc.) in the performance of the services and, consequently, it cannot be held liable for any damage that these faults may cause to third parties.
9 CUBE’s services consist in part of the provision of advice. Under no circumstances can 9 CUBE be held liable in the event of a malfunction occurring as a result of the implementation – compliant or not – of the advice provided, unless there is gross negligence or intentional misconduct.
If 9 CUBE is no longer able to continue to perform the tasks entrusted to it, it will immediately notify the customer, so that the customer can take the necessary measures, including entrusting those tasks to third parties.
- Termination-rescission at the fault of a co-contractor
In the event of termination or termination of the contract at the expense of one contracting party, the other party shall be liable for a lump sum compensation of 30% of the total price, without prejudice to the payment of services already performed for which there are no reasonable grounds for dispute.
- Obligations of the parties
9 CUBE and the Client shall each look after each other’s interests and shall act fairly and in good faith.
9 CUBE incurs an obligation of means. 9 CUBE performs the services entrusted to it independently. 9 CUBE undertakes to comply with the standards specific to its profession and to provide its services in accordance with the various legislations in force.
Unless otherwise stipulated, 9 CUBE is not required to verify the accuracy and completeness of the information communicated to it by the client or its agents, nor the reliability of the various documents and documents transmitted by the client. The customer indemnifies 9 CUBE against any recourse in this regard.
The customer undertakes to make available to the service provider, in good time, all documents, documents, data and information necessary for the performance of the agreed service.
He undertakes to inform the service provider in good time of any information, data or event likely to have repercussions on the performance of the service.
He also undertakes to confirm, if necessary, in writing, as soon as possible and at the first request of the service provider, that the documents transmitted are complete.
Finally, when the services provided by 9 CUBE do not meet the client’s expectations, the client informs the service provider without delay. Otherwise, the latter is entitled to consider the services as performed and carried out with the full and complete satisfaction of the client.
- Confidentiality
9 CUBE and the customer are both bound by the confidentiality of the data exchanged in the context of the services provided by 9 CUBE. They undertake to abstain, both during the course of the services and after the termination of the services, from disclosing the manufacturing or business secrets of each other, as well as the secrecy of any personal or confidential matter of which they may have become aware in the exercise of their activity.
9 CUBE and the customer undertake to use the information received only in the context of the proper performance of the services and to allow access to this information only to members of staff and third parties who need to know it for the proper performance of the contract. In the latter case, that obligation of confidentiality is itself imposed on any person having access to the information concerned.
9 CUBE and its customer undertake not to use confidential data of which they have become aware for their own personal benefit or for the benefit of others, either directly or indirectly, both during the contract and after the termination of the contract.
- References
The client authorises 9 CUBE to use its name and possibly its logo (on electronic or paper media) for commercial promotion purposes. The customer also authorises 9 CUBE to create a link on its website, created by 9 CUBE, referring to the client’s website for commercial promotion purposes.
- Intellectual property
9 CUBE retains all intellectual property rights, in their benefits and profits, relating to all intellectual services provided even if they fall within the scope of the performance of the contract ordered by the customer.
All drawings, drafts, preliminary projects and, more generally, any medium containing the elements and characteristics relating to 9 CUBE’s creations remain its exclusive intellectual property and are protected by copyright and drawing rights. They cannot be changed. Any reproduction, even partial, distribution or exploitation of these elements is subject to the prior written consent of 9 CUBE. Otherwise, it is strictly prohibited and will be prosecuted before the competent criminal, civil and/or commercial courts.
Unless otherwise agreed in writing, 9 CUBE’s customer only benefits from an internal use license that is not exclusive to his company and in accordance with the contractually agreed use.
The above also applies in the event of early termination of the contract, regardless of the reason for termination.
- Protection of personal data
The customer is informed that the personal data collected and processed in connection with the contract (supporting document of the offer or agreement) are strictly confidential. This data is collected and collected for accounting purposes and for the proper management of the contract as well as its file in the context of the supply of goods and/or services as defined in the offer accepted and signed by the client. The customer is informed that if he does not provide us with the correct data, this may in some cases hinder the smooth running of the contract execution process. If the data has been provided incorrectly or inaccurately, 9 CUBE cannot be held responsible in any way.
The data collected are the surnames, first names, email and telephone numbers of the contact persons at the client, as well as of the participants in the 9 CUBE coaching and training program. The Enneagram and MBTI profiles of the participants will also be kept for the proper preparation of the workshops.
This data will be kept for a period of 3 years. Once the deadline has expired, the accounting and/or legal data will be archived and the remaining data will be deleted.
In accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of data and in accordance with the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, The Client has a right of access to the data, a right to rectification or deletion of the same. The customer also has the right to request a restriction of the processing of his personal data, to object to the processing of his data as well as the right to the portability of his data.
They may also object at any time to the use of this data for purposes unrelated to those of the proper management of their file, if applicable.
If you have any questions about your rights regarding your personal data, please do not hesitate to contact the person responsible for processing your data.
9 CUBE undertakes to implement all appropriate and reasonable technical and organisational measures to ensure the protection of the customer’s data. In this respect, it undertakes to fulfil an obligation of means.
If the customer considers that he has been harmed in the context of the protection of his personal data, he may contact the supervisory authority:
Data Protection AuthorityRue de la Presse, 35, 1000 Brussels
+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact(at)apd-gba.be
https://www.autoriteprotectiondonnees.be/contact
- Changes to the Convention
Any changes to the specific agreements or to these terms and conditions must be the subject of a written amendment signed by the parties.
- Transferable
Contracts entered into between the parties (specific and general terms and conditions or other agreements), as well as the rights and obligations arising therefrom, are non-transferable, for any reason whatsoever, without the express prior written consent of the other party.
- Saving Clause
The invalidity, non-applicability or illegality of any of the clauses provided for in these general terms and conditions or in the agreements agreed between the parties shall in no way entail the invalidity or nullity of the other provisions of the general terms and conditions or agreements. All clauses remain valid in full.
In the event of lapse or nullity of all or part of one of the clauses of these general terms and conditions or in the agreements agreed between the parties, the latter undertake to negotiate without delay, in good faith, the replacement of the null or void clause(s) by a legal clause(s) of equivalent economic effect.
- Applicable law and jurisdiction
Unless otherwise stipulated by a mandatory provision or a matter of public policy to the contrary that supersedes this clause, in the event of a dispute between the parties or proceedings for payment, the courts on which our registered office depends shall have exclusive jurisdiction.
The applicable law is Belgian law, in the French language.
The parties accept, in the context of their relations, electronic means of proof (by way of example: email, computer backups, ,…).