Terms (Part 1)

1. All invoices are payable within 15 calendar days. In the event of non-payment within this period, interest on arrears will automatically and without prior notice be due from the due date, amounting to 12% per year on the outstanding invoice amount. In addition, a fixed compensation of 10% of the invoice amount, with a minimum of EUR 50, is also due without prior notice.
2. All invoices are deemed accepted by the customer unless disputed in writing via registered mail within eight days.
3. Failure to exercise one or more of the above-mentioned rights does not imply a waiver of any other rights provided for.
4. Any obligations towards Sabam are fully the responsibility of the client.
5. If you fail to make payment, we will be forced to proceed with debt collection.
6. In case of disputes, only the courts of Antwerp, district of Antwerp, have jurisdiction.

General terms and conditions specific to the training offer

By signing up for a training course, either by written confirmation (email or contact form on the website), the registrant acknowledges having read and accepted the payment terms.

1. Registration
   Your registration is only final once confirmed. The registration fee must be paid within 14 days. If the fee is not paid by the start of the course, the registration may be voided. The fee depends on the chosen course and is listed on the respective course page.
2. Insufficient participants
   The course price is based on a minimum number of participants. If this minimum is not reached, two outcomes are possible:
   – The course is rescheduled to another time and/or location to reach sufficient participants.
   – The course is cancelled.
   Tardigrade BVBA (Kingsberry) reserves the right to reschedule or cancel the course, workshop, or training due to insufficient registrations. In such cases, we will notify you at least one week before the start, and in case of cancellation, the registration fee will be fully refunded within 7 days.
3. Rescheduling
   You may request to reschedule your participation to another date. After phone contact with one of our staff, you must submit the request in writing via email.
   A rescheduling fee of €85 applies and can only be requested up to 7 days before the start of the course (based on the email send date). Requests made less than 7 days before start will be declined. You may still participate on the original date or cancel your participation, in which case the cancellation terms in paragraph 4 apply.
4. Cancellation
   You may cancel your participation in a course. Cancellation must be done via email. The cancellation fee is determined by the send date of the email.
   – More than 1 month before the course: €50 admin fee.
   – Less than 1 month: 50% of the registration fee.
   – Less than 7 days: 100% of the registration fee.
5. Transfer of registration
   If you cannot attend, you may transfer your registration to a colleague. This must be communicated at least one week before the start. Any other arrangements must be discussed with the organisation (Tardigrade BVBA – Kingsberry).
6. Privacy
   All participant data is subject to privacy legislation. Therefore, Tardigrade BVBA – Kingsberry may not share these data with third parties for commercial or other purposes not related to the course.
   Tardigrade BVBA – Kingsberry has the right to manage the data for course-related purposes via the CMS.
   Data may be used for Tardigrade BVBA – Kingsberry’s marketing and prospecting. The organisation is committed to handling all data with confidentiality.

Terms (Part 2)

1. Scope
1.1. These general terms and conditions apply to all quotations issued by and agreements concluded by Tardigrade BV (VAT BE0599.991.124), headquartered at Hallebaan 9, 2240 Zandhoven, hereinafter referred to as ‘Supplier’.
1.2. Purchase or other terms from the Client do not apply unless explicitly accepted in writing by the Supplier.

2. Conclusion of the agreement
An agreement between the Supplier and the Client is formed when the Client accepts a quotation by signature (digital or otherwise), by confirmation, or by requesting the Supplier to begin work. Quotations are valid for 60 days.

3. Best-efforts obligation
3.1. The Supplier undertakes a best-efforts obligation. Deadlines are always indicative.
3.2. The Client is responsible for timely and correct delivery of information, cooperation, and input regarding the services and work provided by the Supplier.

4. Duration and termination
4.1. Each agreement initially runs for one year and is automatically renewed yearly unless terminated at least three months before the end of the current term.
4.2. Agreements terminate automatically in the event of the bankruptcy of either party. Services already rendered remain due.

5. Liability
5.1. The Supplier may collaborate with specialised partners (e.g., for hosting). Their guarantees and liabilities are available upon request.
5.2. If the Supplier takes over management of services/software provided by third parties at the Client’s request, it accepts no liability for third-party errors.
5.3. If the Supplier integrates its solution with systems managed by the Client or a third party, it is not liable for downtime or errors caused by those systems.
5.4. The Client must comply with applicable laws and contractual obligations and indemnifies the Supplier for all damage and claims resulting from breaches. This indemnity continues after termination.
5.5. The Client acknowledges the Supplier is only liable for proven damage directly caused by its wilful misconduct.
5.6. The Supplier is not liable for indirect damage such as: loss of income, profit, customers, reputation, market value, or data.
5.7. Liability is limited to either the value of invoices over the last three months or the re-performance of services, at the Supplier’s discretion. It will never exceed the limits of the Supplier’s liability insurance.
5.8. All legal claims against the Supplier expire three months after arising.

6. Force majeure
6.1. The Supplier is not liable if force majeure or circumstances beyond its control prevent it from fulfilling the agreement (e.g., strikes, power outages, network issues, unavailability of hosts/social media, etc.).

7. Intellectual property
7.1. Works created by the Client remain the Client’s property.
7.2. Works developed by the Supplier remain the Supplier’s property.
7.3. The Supplier grants the Client a non-exclusive, non-transferable right to use all works it developed under this agreement, including third-party works essential for functionality.
7.4. Upon termination, the Supplier transfers rights to works developed specifically for the Client, while retaining a perpetual, royalty-free license to use these for its business or for other clients.
7.5. “Works” includes all deliverables such as texts, graphics, photos, designs, logos, multimedia, audiovisual material, website “look & feel”, documentation, flowcharts, diagrams, manuals, specifications, source code, data files, system logic, interfaces, algorithms, designs, concepts, and related methods or processes.

8. Confidentiality and personal data
8.1. The Client remains responsible for data processing and must inform the Supplier of any relevant obligations that may impact its service.
8.2. The Supplier handles all personal data confidentially and will not use them for other purposes.
8.3. If the service includes data processing, the Client must comply with privacy laws (e.g., GDPR) and safeguard data subjects’ rights.
8.4. The Supplier commits to keeping all information marked as confidential strictly confidential.

9. Payment
9.1. All invoices are payable within 15 calendar days. Late payments incur 12% annual interest and a flat-rate fee of 10% (minimum EUR 50) without prior notice.
9.2. Invoices are considered accepted unless disputed within eight days by registered letter.
9.3. Not enforcing any right does not waive any other rights.
9.4. The Client is fully responsible for any obligations towards Sabam.
9.5. In case of non-payment, collection will be handed over to a debt collection agency.

10. Non-exclusivity and non-solicitation
10.1. The Supplier may provide services to competitors of the Client. Different staff will be assigned where possible.
10.2. The Client shall not solicit the Supplier’s staff for 24 months after their last assignment. A breach incurs a fixed penalty of EUR 50,000.

11. Promotion / communication
The Supplier may promote the collaboration with the Client.

12. Severability
If any part of these terms is found to be invalid, the remaining clauses remain fully applicable.

13. Governing law and jurisdiction
The contractual relationship between the Supplier and the Client is governed exclusively by Belgian law. Only the courts of Antwerp have jurisdiction over any dispute.