Terms & Conditions

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GENERAL

Last updated: August 24, 2017

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.arqs.be website (the "Service") operated by ARQS BVBA ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ARQS BVBA cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ARQS BVBA customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide ARQS BVBA with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ARQS BVBA to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, ARQS BVBA will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

ARQS BVBA may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by ARQS BVBA until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, ARQS BVBA reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

ARQS BVBA, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

ARQS BVBA will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of ARQS BVBA and its licensors. The Service is protected by copyright, trademark, and other laws of both the Belgium and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ARQS BVBA.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ARQS BVBA.

ARQS BVBA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ARQS BVBA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall ARQS BVBA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ARQS BVBA its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Within our free / demo plans, all project data is cleared and deleted on a weekly basis.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

PRIVACY POLICY

Last updated: August 24, 2017

ARQS BVBA ("us", "we", or "our") operates the www.arqs.be website (the "Service").

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.arqs.be

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information ("Personal Information").

Log Data

We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.

We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction

If ARQS BVBA is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Belgium and choose to provide information to us, please note that we transfer the information, including Personal Information, to Belgium and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 13 ("Children").

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us.

About Cookies

To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.

What are cookies?

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

How do we use cookies?

Adjust this part of the page according to your needs. Explain which cookies you usein plain, jargon-free language. In particular:

  • their purpose and the reason why they are being used, (e.g. to remember users' actions, to identify the user, for online behavioural advertising)
  • if they are essential for the website or a given functionality to work or if they aim to enhance the performance of the website
  • the types of cookies used (e.g. session or permanent, first or third-party)
  • who controls/accesses the cookie-related information (website or third party)
  • that the cookie will not be used for any purpose other than the one stated
  • how consent can be withdrawn.
Example:

A number of our pages use cookies to remember:

  • your display preferences, such as contrast colour settings or font size
  • if you have already replied to a survey pop-up that asks you if the content was helpful or not (so you won't be asked again)
  • if you have agreed (or not) to our use of cookies on this site

Also, some videos embedded in our pages use a cookie to anonymously gather statistics on how you got there and what videos you visited.

Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.

The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.

How to control cookies

You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

TRAININGS

The following terms of delivery are fully applicable to agreements with ARQS BVBA

Article 1: Definitions

Under these terms, the following definitions, starting with an initial capital letter, are understood as described below:
Client: The natural or legal person who negotiates with the Contractor for the provision of a Mission to perform any work or in any way (whether or not via the website of Contractor) has given the Contractor an assignment to perform efforts.
Contractor: ARQS BVBA
Assignment: The contract for services provided by the Contractor to the Client for individuals and/or groups of participants of one organization or Client for which a quote is made separately and for which an agreement is made by both Parties.
Training / course: Standard group trainings / courses, meetings, as stated in the Contractor's Training Guide, where participants can enrol jointly or individually.
Command start time: The first billable execution of the assignment.
Cancel / Move: Quit / cancel a training / course or moving the command start time.
Parties: Client and Contractor jointly.

Article 2: Applicability

a. These terms and conditions apply to all agreements entered into by the Contractor. The applicability of the terms and conditions of the Client, in any event, will be expressly rejected.
b. Derogations from these terms are binding ONLY if, and in so far as they have been agreed in writing between both Parties.

Article 3: Completion of agreement

a. Training / Course
The agreement between the Contractor and the Client for following a Training / Course is accomplished by completing the electronic application form or upon acceptance of the registration confirmation.
b. Assignment
The contract between the Contractor and the Client is established by legal tender or confirmation by mail by the Client of the (digital) offer made by the Contractor
c. Non-binding character offer
All offer of offers by the Contractor shall not be binding until an agreement has been concluded between the Parties regarding this offer.

Article 4: Implementation of the agreement

Contractor is entitled to:

a. change a training or training program at any time, due to reprogramming of exam requirements of external examiners and / or for qualitative improvement;
b. change the schedule of a training / course in terms of place and time;
c. cancel a training / course in case of insufficient notifications
d. not accept new registrations for an existing education / training program in case it’s fully booked.
e. increase the group size in exceptional cases with up to 2 participants.

Either way, registered participants will receive a notification, after which their obligations expire and / or already fulfilled obligations are reimbursed;
In so far as tenders submitted by the Contractor are based partly on information provided by the Client, this means that the client has to provide all the essential information for the design and execution of the requested effort/work to the best of its knowledge. The contractor will perform the services provided by him to the best of his knowledge, ability, and in accordance with the requirements of professional workmanship. In case the execution proves there are circumstances that require a modified approach, then the Contractor will, in consultation with the Client - or vice versa - attempt to adjust the original assignment. Both the Client and the Contractor have the duty to signal this in time and to discuss the consequences for the assignment and any (additional) costs followed by capturing this in a written and signed agreement.

Article 5: Cancellation of relocation

1) Training / course by the client
a. The Client has the right to cancel a training / course, or to cancel the assignment for a training / course formal, in writing. The cancellation date is the date of the postmark, e-mail date or fax date.
b. After the agreement has been reached, cancellation before the cancellation period referred to in Article 5 (1) (c) will result in a charge of € 200, - excl. VAT on administration costs.
c. Cancellation by the client of a training / coruse can be made free of charge up to four weeks before the start of the first training or course block on the administrative costs referred to in Article 5.1b. If the training / course is canceled less than 4 weeks before the start of the first training or training course, 20% of the training / course fee will be charged.
d. In the event that the client or the participant designated by the client after the start of the training / course terminates or otherwise does not participate in the training / course, the Client will not be entitled to any reimbursements or entry into another training / course .
e. The cancellation fee is due and payable in a similar way as invoices sent by the Contractor.

2) Assignment by the client
a. The contracting party has the right to cancel the assignment by formal writing. The cancellation date is the date of the postmark, e-mail date or fax date.
b. After the agreement has been reached, there is a 7 day bedtime within which it can be cancelled free of charge. After 7 days, it is not possible to cancel free of charge. In case of cancellation before the cancellation date comes into effect, 10% of the contract amount (with a maximum of € 200, - excluding VAT per day of the execution) will be charged in administration fees.
c. Cancellation or change of data by the Client can take place 4 weeks before the commencement of the assignment. Only the administrative costs as stated in article 5.2b will be charged.
d. In case of cancellation or change within 4 weeks prior to commencement of the contract, the Client is obliged to pay 50% of the agreed contract.
e. By way of derogation from article 5.2b, cancellation or modification of individual guidance or coaching may be done free of charge up to 4 working days prior to the session.
f. In case of cancellation or change within 4 working days prior to the session, the Client is required to pay 50% of the agreed amount.
g. All possible cancellation costs are always due immediately.

Article 6: Cancellation or Change by Contractor

The Contractor has the right to cancel the training / course or assignment, or refuse participation of a Client or the substitute designated by the Client, in which cases the Client is entitled to repayment of the full amount paid by the Contractor.

Article 7: Pricing

Prices are unrelated unless included in a written agreement as referred to in Article 3. The most current prizes for open enrolments are listed on the website www.arqs.be

Article 8: Payment training / course, assignments and research

a. The contractor charges the fees due by the client by way of an invoice. The client must pay the due allowance 30 days after the invoice date, but not later than the commencement of the training / course or assignment, in the manner specified by the contractor without the client being able to claim suspension or settlement due to a (supposed) shortcoming in the execution of the contract accepted by the contractor to which the invoice relates unless expressly agreed otherwise.
b. The travel, arrangement or accommodation costs as well as recommended literature related to participation in a training / course or assignment are not included in the course price unless explicitly agreed otherwise in writing.
c. If the Client does not pay the Contractor’s invoice within the agreed term, he/she is in default without any further notice. From the due date, the Contractor is always entitled to charge legal costs and the actual collection fee, without prejudice to the Contractor's right to compensation for other damage incurred by the client.
d. If the Client is in default due to non-timely and / or incomplete payment, the Contractor is entitled to immediately suspend the execution of the assignment, including the right to refuse participation in the training / course.

Article 9: Suspension and dissolution

The Contractor has the right to refuse participation of the Client or the participant designated by the Client in a training or (custom) assignment or to suspend execution of the assignment if the Client has failed to meet its payment obligation in good time, without prejudice to provisions in Article 13.

Article 10: Copyright

a. All models, techniques, instruments, frameworks, including software, used for the performance of the work and included in the result, are and remain the property of the Contractor. Disclosure may only be made after obtaining the consent of the Contractor. The client has the right to multiply pieces for use in their own organization, as appropriate within the purpose of the assignment. Copyright to the brochures, project material and training material provided by the Contractor is entitled to Contractor, unless another copyright holder is clearly indicated.

b. Copyright to reports, proposals and other documents arising from the Contractor's work shall be entitled to the Contractor unless otherwise agreed upon in writing. The Contractor also reserves the right to use the knowledge acquired by carrying out work for other purposes, insofar as no confidential information is notified to third parties.

Article 11: Registration of people

a. All personal data obtained in the agreement with the participant / Client are treated strictly confidential and in accordance with the applicable privacy laws and regulations by the Contractor.

b. Name and address details are included in the Contractor's customer base and are used to keep the person informed about the training / course. If a participant indicates no pricing for the transmission of information other than for own training, this will be immediately respected

Article 12: Liability

a. The contractor aims to perform the given assignments with the best insight and ability. The contractor is in charge of the good quality of the performance of the work. However, the final result is equally dependent on factors beyond the control of the Contractor, as it is a consequence of the Contractor's activities in combination with the Client’s environment. Therefore, the Contractor cannot provide any guarantees regarding the expected results of the work performed.
b. The Contractor accepts no liability to the Client for any damage except in the event that its liability insurance covers the damage and insofar as the insurer passes for payment.
c. Any liability of the Contractor for indirect damage, including consequential loss, loss of profits and damage caused by business stagnation, is expressly ruled out.
d. The Contractor will never be liable for damage resulting from:
- Any shortcomings of the Client or the Client’s designated participant (s) in compliance with his / her obligations, including the provision of insufficient cooperation during the execution of the agreement.
- Incorrect and / or incomplete and / or inaccurate information provided by the Client. The Client stands for the accuracy and completeness of the essential information for the project.
- The Contractor is not liable for possible consequential losses of any implementations in the organization of the Client by the Client itself or the Client’s designated participant(s).

Article 13: Applicable law and competent court

Belgian law applies to any agreement between the Contractor and a Client. Disputes arising from agreements to which these terms apply will be settled in front of the competent court in Antwerp, Belgium.

Article 14: Subsidies SME Wallet

In Belgium, Small businesses (1-50 employees): Can recover a maximum of 40% of the program amount. (Max 10,000 €) Medium-sized enterprises (1-250 employees) can recover a maximum of 30% of the program amount. (Max 15,000 €)

Request and receive subsidies:

First select a course of your choice, then request your subsidy. The application procedure must be fully completed within 14 days before the start of the program. The “request” may be completed perfectly before you received our invoice. You do not have to wait for your subsidy.
The cost of the catering can be subsidized for a maximum of 25 € per person per training day. The training material and other costs cannot be subsidized.

For more information, please visit: www.kmo-portefeuille.be.
ARQS BVBA Service Provider Number: DV.O222197