General Terms and Conditions


Article 1. General


The services provided by ATOLO NV/ ATOLO Sarl are exclusively governed by the general terms and conditions of ATOLO NV / ATOLO Sarl, which are also stated on the website www.atolo.eu/www.atolo.ch. Without prejudice to the application of any special conditions included in a separate written agreement, these general terms and conditions apply to every offer, quotation or agreement between ATOLO and the customer. In the event of any conflict between these terms and conditions and any separate written agreement, the provisions of the separate written agreement shall prevail. The possible nullity or unenforceability of a provision of these general terms and conditions does not affect the validity and enforceability of the other provisions. Unless otherwise agreed upon in writing, the legal relationship between the parties is governed by these general terms and conditions, which the customer declares to have taken note of and to accept in full.

Article 2. Enrolment for a study programme


Registration for a course is done by signing the order form and by emailing it back to your contact person at ATOLO. Deviations from the signed order form (number of participants, hours, test, intakes and/or transfers, address, …) are only possible with the agreement of your contact person at ATOLO, who will draw up a new PO if necessary. The address and/or (number of) participants can only be changed until the day before the start of the training. After that changes are no longer possible.

Article 3. Invoicing and payment


An “in-company” training (this is a training course within one and the same company) is invoiced on the day of the start of the training and for the full amount. Unless expressly stated otherwise, the invoice must be paid no later than thirty (30) calendar days after the date of its dispatch.
An invoice for an “open training” (this is a training course where participants from several organizations follow training together) must, in any case, be paid before the start of the training. Access to the training can be refused if the aforementioned condition is not met.

If the addressee does not agree with the invoice, they must protest this in writing by registered letter within fifteen (15) calendar days.

From the due date of the invoice, interest is owed by operation of law and without notice of default, at the legal interest rate. The amount of the invoice that has remained unpaid after the due date will also be increased by 10% by way of compensation by operation of law and without prior notice or notice of default, with a minimum of €250/250 CHF as compensation for all extrajudicial costs.

ATOLO cannot be held responsible for the incomplete or incorrect statement of the billing data by the customer and/or the client. If the customer and/or the client requests a correction of a written invoice, an administrative cost of €100/ 100 CHF will be charged.

Article 4. Rescheduling, temporary shutdown and cancellation


Article 4a IF THE CUSTOMER CANCELS 

Language training – sessions from 1 to 4 hours/session

RESCHEDULING a session

Rescheduling of a training/coaching session can be requested at the latest 48 hours before the start of the session (or at the latest Friday before 12 noon if training is on Monday) and for no more than 25% of the total duration of the training. Otherwise, the sessions are considered to have been given and 100% of the agreed price for the session(s) is due.

TEMPORARY STOP of a running cycle

ATOLO can, at the request of the customer, exceptionally allow a training course to be temporarily suspended (sick and maternity leave, force majeure, …). This can be done for a maximum of 6 months. After that, the sessions are considered as given and the cycle is irrevocably closed.

CANCELLATION of a running cycle

If a participant does not complete their training due to circumstances, the customer can transfer the remaining hours to another employee/participant according to the following rules

·         There is an administrative cost of €300/ 300 CHF, without prejudice to other costs such as test/needs analysis and the one-off administrative cost for access to the online platform, final report, and follow-up of attendance.

·         The outstanding hours must be taken within the initially planned end date +60 days.

·         Transfer is only possible for the same formula. If agreed otherwise – with a view to pedagogical or organizational added value for the new participant – any additional costs for an adapted formula will be charged.

If the client does not introduce another participant within 60 days after the last session of the initial participant, the cycle is considered given and is irrevocably closed.

Language training 1 to 5 intensive days

Reschedule one or more training sessions

A training course can only be rescheduled if the rescheduling is validly requested at least 10 working days in advance. If the application is not submitted in time, the following rules apply:
·         Fewer than 10 working days but more than 5 working days: an additional cost of 50% will be invoiced 
·         Fewer than 5 working days or already in the course of the training programme: the full cost will be invoiced.
 
Cancellation of a complete cycle

In case of complete cancellation of a training course, the following rules apply. We invoice:
·         Fewer than 3 weeks: 50% of the amount 
·         Fewer than 10 working days: 60% of the amount
·         Fewer than 5 working days: 100% or the full amount
 
Communication and leadership training: Individual coaching
 
REPLANNING sessions from 1 to 4h/session
oRescheduling of a coaching session can be requested up to 48 hours before the start of the session (or at the latest Friday before 12 noon if training is on Monday) and for no more than 25% of the total duration of the training. Otherwise, the sessions are considered to have been given and 100% of the agreed price for the session(s) is due.

Communication and leadership training: Webinars – Day training – Programs of 1 or more days

The rescheduling of one or more training sessions

A training course can only be rescheduled if the rescheduling is validly requested at least 10 working days in advance. If the application is not submitted in time, the following rules apply:
·         Fewer than 10 working days but more than 5 working days: an additional cost of 50% will be invoiced
·         Fewer than 5 working days or already in the course of the training programme: the full cost will be invoiced.
 
Cancellation of a complete cycle

In case of the complete cancellation of a training course, the following rules apply. We invoice:
·         Fewer than 3 weeks: 50% of the amount 
·         Fewer than 10 working days: 60% of the amount 
·         Fewer than 5 working days: 100% or the full amount
 
Any communication regarding rescheduling and cancellation must be made in writing to the following email address: welcome@atolo.eu
 
Article 4b. IF ATOLO CANCELS

ATOLO cannot cancel an assignment that has been accepted, except for the illness of the trainer-coach and/or force majeure. If the trainer is unable to provide the foreseen training, ATOLO will inform the client immediately. Atolo will make every effort to find an adequate solution: either by proposing a qualitative replacement or by proposing another date. However, the customer always retains the right to choose another trainer or another date with the same trainer.

Article 5. Intellectual property


The intellectual property rights, including copyright, of the training courses belong to ATOLO unless expressly agreed otherwise. The material developed by ATOLO with a view to the training sessions may only be used by the customer and/or principally for internal use.
On the other hand, all information, documents and materials that the customer provides to ATOLO or its suppliers will remain the property of the customer and the latter retains the intellectual property rights.

If violations are established, the person causing damage will be held liable for compensation for the damage.

Article 6. Confidentiality and data protection


Both parties warrant and represent that they will comply with all their respective obligations under the European General Data Protection Regulation 2016/679.
These also apply to the training courses organized by ATOLO Sarl and in particular, ATOLO Sarl follows the legal Swiss framework: https://www.fedlex.admin.ch/eli/fga/2020/1998/fr. Any information given by one party to the other, whether orally or in writing, regardless of its nature, shall be considered confidential. The parties will treat the information as strictly confidential and use it exclusively in the context of the training courses with the aim of optimizing the impact of the training courses.
This article is effective during the term of the agreement, as well as for a period of five (5) years after its termination.

Article 7. Force majeure


Neither party shall be liable or deemed to be in default for late or non-performance of obligations as a direct or indirect result of an event of force majeure. A party invoking such force majeure shall notify the other party, stating the reason. It will make reasonable efforts to avoid or limit the impact of the force majeure event and the resulting damage.


Article 8. Applicable law


These general terms and conditions and the relationship between ATOLO and the customer are governed respectively by Belgian law for ATOLO NV and Swiss law for ATOLO Sarl. Any disputes related to the relations between ATOLO and the customer or to these general terms and conditions will be settled exclusively by the territorially competent courts of the registered office of ATOLO. However, the parties expressly declare that they will, first of all, make efforts to resolve a dispute amicably