General Terms and Conditions of Sales
General Terms and Conditions of Sale FINBRAIN-ITC (Effective from 1 January 2005 – amended in August 2024)
FINBRAIN-ITC sprl, has as its object the provision of financial services in Belgium and abroad, scientific and technical information products and services resulting from the training, upgrading, restructuring of financial services and/or companies as explained in more detail on our company's website.(www.finbrain-itc.be)
1. GENERAL
1.1 These general terms and conditions of sale (GTC) are addressed or given to each customer and supplier to enable them to place an order with full knowledge of the facts. Consequently, placing an order implies the customer's full and unreserved acceptance of these GTC. They are applicable to all orders and/or contractual agreements accepted by FINBRAIN-ITC srl.
1.2 In the event of a contradiction between these General Terms and Conditions and any other document established prior to the invoice date (permanent subscription contract, contract for the supply of primary documents, monthly invoicing contract relating to the provision of services in general) or the customer's General Terms and Conditions of Purchase, these General Terms and Conditions shall prevail. Any contrary condition set by the customer shall therefore, in the absence of written and express acceptance, be unenforceable against FINBRAIN-ITC srl, regardless of when it may have been brought to its attention. FINBRAIN-ITC sprl may stipulate specific conditions of use of its products and services by way of derogation from the provisions of these General Terms and Conditions.
1.3 An “order” within the meaning of this document is considered to be any request for the provision of services delivered (hereinafter product) or the opening of a contractual relationship established by the customer, at the end of a letter sent to FINBRAIN-ITC srl, in the form of a written document, fax or email, or any other reliable and unalterable means. Copies and reproduction rights are settled by means of Account Units (UC), in accordance with the rates in force. Any UC acquired is non-refundable. These UC are valid for three years from the month of purchase. Beyond this period, unused UC will no longer be usable. The order is deemed accepted by FINBRAIN-ITC srl by the provision of products and/or services, by the use of services, by the issue of invoices.
1.4 Orders for the supply of copies of documents (on computer media) are accepted and honored by debiting the account previously opened by the customer, and sufficiently funded, except in the event that a monthly billing contract has been signed between the customer and FINBRAIN-ITC srl. Any order for another category of products can only be accepted against full payment, unless expressly waived.
1.5 An order can only be honored if the order form includes all the identification elements of the customer and the product allowing useful processing by FINBRAIN-ITC srl
1.6 Any order accepted by FINBRAIN-ITC srl will be due by the customer, even if the same product has already been the subject of an order. Any contractual agreement, duly ratified by the parties, and explicitly providing for a work period (3 months minimum) will be honored by the customer, unless the contractual agreement is terminated by FINBRAIN-ITC srl and this within the legal deadlines.
1.7 Any modification or cancellation of the order requested by the customer can only be taken into account if it is received in writing before the acceptance of the initial order as defined in article 1.3. paragraph 2 of these terms. If FINBRAIN-ITC srl does not accept the modification or resolution, the deposits paid can only be refunded in value of services.
2. COMMITMENTS OF FINBRAIN-ITC srl.
2.1 Delivery The delivery of the products/services is carried out by the delivery of the services either at the premises of the client company, or at the offices of FINBRAIN-ITC srl, or by making the product/service available online. The services may also be carried out from the offices of the service provider(s).
2.2 Complaints Without prejudice to the arrangements to be made with respect to the client, complaints regarding the provision of services provided must be made in writing within the following time limits: for consultancy services, unless expressly notified otherwise by FINBRAIN-ITC srl.: 30 days in the event of a fault found in a country of the European Union, 60 days in the event of a defect found in other countries.
The starting point for these deadlines is the delivery of the services as defined in Article 2.1. of these General Terms and Conditions. It will be up to the customer to provide any supporting documentation as to the reality of the error or anomaly noted. Any complaint relating to the quality of the services must be the subject of an express written agreement between the Parties. Any dispute without this agreement will be considered null and void and will not give rise to the establishment of a credit note.In the event of an apparent defect or non-conformity of the services, duly noted by the customer under the above conditions, the customer may obtain a free replacement or the creation of a service credit note after qualitative and quantitative verification of the disputed services, to the exclusion of any compensation or damages.
3. DEADLINES
3.1 FINBRAIN-ITC srl having fulfilled its delivery obligation by delivering the products and/or services to the customer or by putting the product and services online, the delivery times it communicates are, consequently, given for information purposes, because they are fully the responsibility of the customer, depending on the execution facilities made available to FINBRAIN-ITC srl in the customer's premises.
3.2 The burden of risk being transferred to the customer upon delivery of the products and services by FINBRAIN-ITC srl to the customer, no compensation may be claimed by the customer from FINBRAIN-ITC srl in the event of a delay in delivery due to a cause external to FINBRAIN-ITC srl (in particular fortuitous event, force majeure, act of a third party, etc.).
4. PRICES AND PAYMENT
4.1 The prices shown on the contractual agreements accepted by the customer correspond to the prices described and appearing on the exchanged documents in force on the day of acceptance of the order. The prices are communicated to the customer upon simple request. Payments are to be made no later than 15 days from the invoice date.
With regard to the supply of copies of documents at the end of a service provision, a discount may be granted to research and higher education organizations under the Belgian State and to students in Belgium.
4.2 The products described and appearing in the FINBRAIN-ITC srl brochures and the corresponding prices, communicated for information purposes only, are subject to change at any time without prior information to customers. In the absence of modification, the prices are deemed firm upon acceptance of the order by FINBRAIN-ITC srl
4.3 Several payment methods are set up according to the needs of the customers and the product (open accounts, cash payment, etc.), FINBRAIN-ITC srl may modify said methods and supplement them without prior notice.
4.4 Any order accepted by FINBRAIN-ITC srl is payable on the due date stipulated on the invoice. No discount will be granted for early payment.
4.5 Any late payment under the terms set out in these General Terms and Conditions will automatically result in late payment interest at a rate indicated in points 4.7 and 4.8 of these General Terms and Conditions, this rate being at least equal to 1.5 times the legal rate in force, without this clause affecting the enforceability of the debt.
4.6 In the event of non-payment of the products and services provided by FINBRAIN-ITC srl under the conditions set out in these General Terms and Conditions, FINBRAIN-ITC srl reserves the right to:
- suspend the subscription and/or the current monthly billing contract until full payment of the amounts due,
- terminate shipments in the event of non-payment of a prior partial delivery,
- refuse any subsequent order from the same customer in the event of a dispute on their part regarding an order previously placed, except in the event of an error attributable to FINBRAIN-ITC srl. These operations do not have the effect of extinguishing the customer's debt to FINBRAIN-ITC srl.
4.7 Penalty clause: In the event of non-payment of the amounts due on the due date, the signatory of the second part shall owe the signatory of the first part, automatically and without formal notice, a fixed compensation equivalent to 15% of the unpaid amounts
4.8 Penalty clause: The signatory of the second part may terminate the contract at any time and without notice. In such a case, it shall owe the signatory of the first part, automatically and without formal notice, a fixed compensation equivalent to 50% of the average of the last 9 months of the services invoiced.
5. INTELLECTUAL PROPERTY – REPRODUCTION RIGHTS – LIABILITY
5.1. FINBRAIN-ITC srl shall not be held liable for the content of the conclusions reached at the end of the services provided.
5.2 Reproductions of the products supplied by FINBRAIN-ITC srl are strictly reserved for the private use of the recipient customer, as indicated in the end-of-mission summary file. They may not under any circumstances be reproduced, sold or communicated to a third party to facilitate reproduction, except with the prior agreement of FINBRAIN-ITC srl.
5.3 All products, services and publications marketed by FINBRAIN-ITC srl are protected by the provisions of the Intellectual Property Code. All rights of reproduction, representation and exploitation are reserved.
5.4 Any infringement of the provisions of the Intellectual Property Code, noted by FINBRAIN-ITC srl or by the holder of the rights to the products and services, may result in legal proceedings against the infringer. The introduction of such proceedings will authorize FINBRAIN-ITC srl to refuse to honor any new order from the customer.
6. DISPUTE
In the event of a dispute, the Nivelles Commercial Courts shall have sole jurisdiction.
7. APPLICABLE LAW
In the event of a dispute giving rise to litigation, the law applicable to the commercial relations of FINBRAIN-ITC srl and the customer is Belgian law, to the exclusion of any other.