These are the general terms and conditions of Fierce Ladies or Fierce L ("FL") founded by Start2Connect BVBA, Opperbusingenstraat 58, 1750 Lennik, VAT BE 0478.989.265, duly represented by Elke Jeurissen as manager.
These general terms and conditions apply to all deliveries of services provided by FL to the customer.
Deviations from these general terms and conditions are only enforceable against FL if FL has explicitly accepted them in writing.
The general terms and conditions of the customer are explicitly excluded.
By using our website (www.fierce-ladies.com), submitting a request for services, payment of an invoice or starting the execution of the agreement, the customer unconditionally and irrevocably accepts these general terms and conditions.
In the event of any inconsistencies between the provisions of these general terms and conditions and the special provisions of the agreement with the customer, the provisions of the agreement will prevail.
These general terms and conditions are valid as of 1 September 2018 and replace all previous ones.
2. Delivery of services
2.1. Delivery of services in general
The services provided by FL consist of (among others) the following services: consultancy services in general, organising partnerships and platforms for women through various media (online and offline) in Belgium and abroad, and in particular a membership to the FL organisation which includes (among others) use and access to FL network, groups, events, co-working spaces, workshops, speeches and trainings (online and offline, in any form, including provision of logistical and organisational support for such workshops), depending on your membership plan you registered for which can be found on the website of FL (“Membership”).
Any request for services must be made electronically or in writing by the customer. Such request for services by the customer will be binding upon the customer. FL will only be bound if it has expressly confirmed in writing that it accepts the request of the customer at which moment the agreement commences between parties. The delivery of the services will commence on the date as mentioned in the agreement.
If other services will be requested by the customer, to be provided by FL, this will be agreed upon between parties.
FL performs its services in a professional, independent and efficient manner and will always represent the interests of the customer in the execution thereof. FL will perform its services in accordance with the standards applicable to similar service providers. FL is free in the organization of the execution of the services, in consultation with the customer. FL has the right to call upon third parties for the performance of certain services, without the customer's permission being required.
All obligations for performance of services by FL are best efforts obligations.
The customer shall cooperate in the required manner in the performance of the services, in accordance with applicable rules and agreement.
All documents and information provided by FL to the customer in the context of the execution of the services are exclusively intended for the customer and for the purposes as stated therein and no third party can refer to this. Commercial documents and offerings from FL create no undertakings on the part of FL.
The customer will provide FL with all documents, information and details in good time that FL needs to be able to conduct the services. The customer will only involve third parties after written prior approval from FL.
The customer can never cancel all or part of the services to be performed by FL. In case of cancellation of the services, a cancellation fee of 100% is due. In case services have been paid for by the customer in advance, the customer will not be refunded.
The request for Membership by the customer can be done through the registration of the form on the website of FL, unless otherwise agreed between parties.
Membership can be chosen in accordance with the membership plan which can be found on the website of FL.
Membership will always start on the first day of each month, with commencement date as mentioned in the agreement. You can choose the start of the month of your membership through the registration form on the website. In case no choice has been made, this will be the first day of the next month. Membership for several months are always to be taken in consecutive months (for example: you cannot start in September, leave out October and continue in November).
Membership is personal and cannot be transferred to someone else, in no circumstances whatsoever, unless agreed otherwise between parties.
Unless agreed otherwise, the customer agrees that the networking groups, events, co-working places, trainings, speeches and workshops will be standard products that have not been created specifically for the customer’s needs. Consequently, the customer also accepts that FL does not offer any guarantee and takes no responsibility in relation to the ability of such groups, events, co-working places, trainings, speeches and workshops to meet the customer’s specific requirements.
FL will take all necessary steps to ensure that the services related to the Membership can take place. However, in case of unforeseen circumstances, FL may cancel certain services related to the Membership or modify the content, date(s) or location thereof. In the event of a cancellation of certain services related to the Membership, any invoices already paid by the customer for that particular cancelled service of the Membership may be reimbursed by FL, upon written request by the customer, without interest or any other indemnity being due. For the avoidance of doubt, in case a customer has purchased a Membership of one year and there is a cancellation of one month, the customer will only be reimbursed for that month, pro rata.
3. Prices and payment
3.1. General provisions
Unless stated otherwise, the prices charged by FL include the services as specified in the agreement between parties. The prices for Membership are fixed prices, as mentioned on the website and in the agreement.
All amounts are expressed in euros and exclude taxes (V.A.T.) and additional costs incurred by FL for the customer.
The customer receives an invoice from FL upon acceptance by FL of the request.
All invoices are payable on the account number and on the due date as mentioned on the invoices and for Memberships, before the start date of the Membership, unless otherwise specifically agreed in writing between the parties.
Complaints concerning invoices must be communicated by motivated registered letter within 8 calendar days of the invoice date. In the absence of timely complaint, the invoice is deemed to have been definitively accepted.
No dispute can suspend the payment obligation of the customer.
Participation by the customer in the Membership can be refused in case invoices have not been paid (in whole or in part) at the start of the Membership.
The customer is not entitled to set off any amounts due by FL to the customer.
In the event of full or partial non-payment on the due date, the customer is legally and without further notice of default owed an interest of 1% per commenced month on the amount due, with a minimum of 25 euro, plus any legal costs, and a compensation of 12%. per year on the amount due, with a minimum of 250 euro.
In the event of full or partial non-payment of an invoice on its due date, the balance of all other invoices, even if not yet due, will become immediately due and payable.
If the customer remains in breach of fulfilling one or more outstanding claims from FL, FL may suspend all obligations to be performed, including participation by the customer in Membership, until all outstanding amounts have been paid in full, or FL may even terminate the agreement or any other agreements with the customer.
4. Confidential information, intellectual property rights and personal data
4.1. Confidential information
All information obtained, orally or in writing, in whatever form, of which it can reasonably be assumed that it is confidential, and in particular any information obtained by the customer through the FL Membership regarding the Membership, content of the Membership, FL or other customers of FL which are participating as members of FL in the FL Membership, must be handled strictly confidentially and cannot be copied, transferred, used or made known to third parties, nor be duplicated, translated, adjusted or stored in any form or in any way, unless this is required by law or judicial authorities.
In particular, the customer shall not disclose details about the approach, working methods, case studies used, etc. to any third parties without the prior consent of FL.
The customer, including its employees for which it remains responsible, agrees that it will comply with the above provisions.
FL will have the right to disclose the existence of the agreement with the customer for publicity and other commercial purposes, in accordance with the applicable rules and legislation.
4.2.Intellectual property rights
The customer acknowledges that it has no rights to the ownership of the intellectual property rights (which are any and all rights in copyrights, designs, trademarks, brand names, logo's, graphics, database rights, internet domain names and any other rights related to FL) which are used, owned or required by FL and which are existing or yet to be developed by FL in view of the services, including the Membership, unless otherwise agreed in writing.
The participation by the customer in the Membership or performance of services by FL shall not constitute a transfer of any intellectual property rights.
The data provided by the customer is entered into the FL database. This data will be used for the purpose of performance of services, conducting information or promotional campaigns in connection with the services provided by FL and/or in the context of the contractual relationship between the customer and FL.
FL can only be held liable for fraud, wilful misconduct or gross negligence. FL can never be held liable because it fails to fulfil its obligations in the event of force majeure.
Any complaints regarding the services must be notified to FL by registered mail with a motivation letter within eight days after the service is provided. No complaint gives the customer the right to suspend its payment obligations.
FL is not liable for any consequential or indirect damage. FL is also not liable in case damage is suffered due to actions or lack of actions that are not exclusively attributable to FL.
The customer indemnifies FL against all claims that third parties might have against FL as a result of the execution of the services.
Any compensation that would be due by FL is always limited to 50% of the amount that was invoiced for the services performed in that relevant year.
6. Term and termination
The duration of the agreement is in principle until the end of the performance of the services, unless a different term has been explicitly agreed in writing.
In the event that the customer fails to fulfil its obligations, in the event of fraud, wilful misconduct or negligence, in the event of bankruptcy, dissolution or liquidation, in case of insolvency of the customer or in case of force majeure, FL reserves the right to immediately suspend performance of the services or terminate the agreement and all other agreements with the customer, without notice or compensation. In the event of early termination of the agreement, all amounts due, even invoices that have not yet expired or issued, become immediately due and payable.
Neither party shall acquire, under the Agreement, any right, power or authority to act as an employee, agent or representative of the other party for any purpose or to bind the other party in any form whatsoever, without the prior written consent of the other party.
FL is not obliged to fulfil contractual obligations whose implementation has become impossible.
The customer cannot transfer the agreement (including its Membership) or part thereof to a third party, without the express written permission of FL.
If one of the provisions or part of a provision were declared void or inapplicable, the remaining provisions will remain fully applicable.
Any possible invalidity of one or more of the provisions of the agreement will in no way affect the validity of the other provisions, regardless of the invalidity of the disputed clause. The parties will make every effort, by mutual agreement, to replace the invalid clause by a valid clause with the same or mainly the same economic impact as the invalid clause.
The Agreement is governed by Belgian law. The courts of Brussels will have sole jurisdiction. The language chosen will be Dutch.