General Terms and Conditions
ARTICLE 1. PARTIES AND DEFINITIONS
1.1 Client: the individual or individuals to whom ThriveTogether Consulting BV provides its services.
1.2 ThriveTogether Consulting BV: registered as the contractor in the legal entity registered under number 0801956705 and located at Meidoornstraat 10, 8550 Zwevegem. ThriveTogether Consulting BV provides services in the field of General advice, coaching, mentoring, and consulting in the fields of project management, project planning, project development, change management, organization, efficiency, customer experience, people engagement and leadership, coordination, and implementation of projects related to general, commercial, strategic, financial, and administrative management, technical management, product management, PR, publicity and marketing, communication, business operations, and administration.
1.3 Client: the individual or entity or its potential successors who have provided an order for delivery to ThriveTogether Consulting BV. The client is, unless otherwise agreed in writing, the one responsible for paying the agreed price for the services provided by ThriveTogether Consulting BV. The client (the entity to be invoiced) and the client (those experiencing the service) can be the same, but this is not necessarily the case.
1.4 Third Parties: ThriveTogether Consulting BV may, at its discretion, deliver its services (partially) with the assistance of third parties it has engaged. ThriveTogether Consulting BV may adjust the scope and composition of its team as it deems necessary for the proper execution or continuity of its services.
1.5 Contract Amount: the total amount of the order as agreed in the signed order confirmation, the order placed through the website, or as stated in the quote or program proposal approved by the client.
1.6 The Parties acknowledge and agree that this consultancy agreement is an ‘agreement of means’ whereby the Consultant shall provide its professional services, advice, and expertise to the best of its abilities, but the outcomes and results achieved are not guaranteed. The Consultant will use reasonable efforts and expertise to achieve the agreed-upon goals, but the Client acknowledges that specific results may vary based on various factors. The Client shall not hold the Consultant liable for results that may differ from expectations.
ARTICLE 2. APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions apply to all offers, quotes, orders, and work agreed with ThriveTogether Consulting BV.
2.2 These General Terms and Conditions also apply when third parties are involved by ThriveTogether Consulting BV in the execution of the order.
2.3 ThriveTogether Consulting BV reserves the right to amend or modify these General Terms and Conditions in the future. New versions will be immediately effective once made publicly accessible via the ThriveTogether Consulting BV website.
2.4 If one or more provisions of these General Terms and Conditions are invalid, the remaining provisions of these General Terms and Conditions will still apply. In this case, the parties will agree on replacement provisions that reflect the intent of the original provision as much as possible.
ARTICLE 3. OFFERS AND ACCEPTANCE OF THE ORDER
3.1 All offers from ThriveTogether Consulting BV, unless stated otherwise, are valid for 15 days from the date, are non-binding, and can be revoked without formalities. ThriveTogether Consulting BV is not bound to offers if they are not accepted in writing within 15 days from the date of the offer. If the offer is accepted within the validity period, ThriveTogether Consulting BV reserves the right to revoke the offer within five business days of receiving the acceptance.
3.2 Quotes from ThriveTogether Consulting BV are based solely on the information provided to the contractor by a (future) client. The client will provide ThriveTogether Consulting BV with all the relevant information needed to prepare the quote and to assemble and execute the order. If this information turns out to have been incorrect and/or incomplete at any time, ThriveTogether Consulting BV reserves the right to unilaterally adjust the agreed contract amount with the client.
3.3 An order is granted by the client by:
a) Placing an order through the website or through other (social media) channels of ThriveTogether Consulting BV and/or
b) Returning a signed agreement provided by ThriveTogether Consulting BV and/or
c) Providing written or email consent to a (digital) quote or order confirmation. In the case of consent to a quote, this also serves as an order confirmation thereafter.
3.4 The absence of a legally signed order confirmation, agreement, or quote does not exempt the client from obligations as set forth in these General Terms and the provisions stated by ThriveTogether Consulting BV in its quote or order confirmation, once the delivery of services agreed with ThriveTogether Consulting BV commences.
3.5 A mixed order does not compel ThriveTogether Consulting BV to execute a part order against a corresponding portion of the agreed contract amount. If partial execution is desired, additional binding agreements will be made.
3.6 Unless otherwise agreed, the client is responsible for paying the travel expenses incurred by ThriveTogether Consulting BV in the performance of its services. The compensation is €0.30 per kilometer. Travel hours will also be billed, and other expenses, if incurred during the execution of ordered work, will be invoiced at cost.
ARTICLE 4. INTERIM CHANGES TO THE ORDER
4.1 If the client desires changes to the order or its execution, ThriveTogether Consulting BV will implement the intended changes, if possible. Any resulting costs that exceed the original contract amount will be invoiced to the client as additional work without requiring a separate written order. By ordering the change in the order, the client has pre-agreed on the additional costs.
ARTICLE 5. DURATION AND COMPLETION OF THE ORDER
5.1 The duration of the order depends on the form of the services and is agreed upon as much in advance as possible in the order confirmation. The order confirmation will provide an estimate of the order’s duration and the scope of work.
5.2 After the order duration has passed, the client can no longer claim any remaining parts of the order.
ARTICLE 6. EARLY TERMINATION OF THE ORDER
6.1 Both parties can unilaterally terminate the agreement if one of them believes that the order execution can no longer occur in accordance with the order. Such a decision must be substantiated, provided in writing, and communicated to the other party in a timely manner.
6.2 If the client initiates an early termination for reasons other than the contractor’s negligence, ThriveTogether Consulting BV is still entitled to receive payment for the full, agreed contract amount, including reimbursement for expenses incurred and any additional future expenses. If payment has already been made, no refund will be issued.
6.3 ThriveTogether Consulting BV can only initiate an early termination if the client does not meet their obligations as outlined in the order and these General Terms and Conditions. If ThriveTogether Consulting BV initiates an early termination, the client will receive a proportional refund of the amount already paid, minus any expenses incurred and any future additional expenses.
ARTICLE 7. RIGHT OF WITHDRAWAL
7.1 If the client is a consumer, they have the right to withdraw from the agreement without giving any reason within 14 days from the day the agreement was concluded. The client can notify ThriveTogether Consulting BV of their decision to withdraw by an unequivocal statement (e.g., a letter sent by post, fax, or email).
7.2 In case of withdrawal, ThriveTogether Consulting BV will reimburse all payments received from the client without undue delay and, in any event, not later than 14 days from the day on which ThriveTogether Consulting BV received the notice of withdrawal.
7.3 If the client requests to begin the performance of services during the withdrawal period, they shall pay ThriveTogether Consulting BV an amount that is in proportion to what has been provided until the withdrawal, in comparison with the full coverage of the agreement.
ARTICLE 8. CANCELLATION AND POSTPONEMENT
8.1 In the event of cancellation or postponement by the client, any expenses or costs incurred by ThriveTogether Consulting BV and already agreed in the order confirmation or otherwise, are fully owed to ThriveTogether Consulting BV by the client. ThriveTogether Consulting BV will reimburse any funds already received minus the incurred expenses or costs. If expenses or costs have not yet been invoiced, they will be invoiced to the client.
8.2 If, in the event of cancellation or postponement, the remaining contract amount or the total order amount has not yet been paid, the client is still obliged to pay the entire order amount as stated in the order confirmation or quote.
ARTICLE 9. PRICES AND PAYMENT
9.1 Prices and rates for ThriveTogether Consulting BV ‘s services are stated in the order confirmation or quote and are exclusive of VAT.
9.2 The client will pay the agreed contract amount or other amounts payable under the agreement in advance. Payment can be made via the available payment methods specified by ThriveTogether Consulting BV.
9.3 If the client fails to pay any amount owed to ThriveTogether Consulting BV within the agreed payment period, ThriveTogether Consulting BV has the right to suspend its services.
9.4 In the event of non-payment, ThriveTogether Consulting BV reserves the right to transfer the claim to a debt collection agency. Any collection costs will be borne by the client.
ARTICLE 10. LIABILITY
10.1 The advice and services provided by ThriveTogether Consulting BV are not legally binding. ThriveTogether Consulting BV cannot guarantee the success or effectiveness of its advice or services. ThriveTogether Consulting BV is not liable for any adverse consequences resulting from the implementation of its advice or services.
10.2 ThriveTogether Consulting BV is not responsible for any damage caused by the client or third parties to equipment, data, and other property belonging to the contractor and used during the execution of the order.
10.3 If, notwithstanding the previous provisions of this article, ThriveTogether Consulting BV is found to be liable for any damage, that liability is limited to the amount paid out under its business liability insurance policy for the damage. If the insurance does not provide coverage or does not pay out for any reason, ThriveTogether Consulting BV ‘s liability is limited to a maximum of the order amount agreed with the client.
ARTICLE 11. COMPLAINTS
11.1 If the client has a complaint about the services provided by ThriveTogether Consulting BV, they should submit the complaint in writing within ten business days of the occurrence of the event or circumstance that gave rise to the complaint. ThriveTogether Consulting BV will respond to the complaint within ten business days.
ARTICLE 12. CONFIDENTIALITY AND PERSONAL DATA
12.1 ThriveTogether Consulting BV treats all information provided by the client as confidential. ThriveTogether Consulting BV will not disclose any information to third parties without the client’s prior written consent unless required by law or to carry out its services. Any data shared with third parties for this purpose will be done under strict confidentiality agreements.
12.2 ThriveTogether Consulting BV collects and processes personal data in accordance with its Privacy Policy, which can be found on its website. By accepting these General Terms and Conditions, the client agrees to the terms of the Privacy Policy.
ARTICLE 13. APPLICABLE LAW AND DISPUTES
13.1 These General Terms and Conditions, as well as all agreements between ThriveTogether Consulting BV and the client, are governed by Belgian law.
13.2 In the event of a dispute arising from the agreement or these General Terms and Conditions, the parties will first attempt to resolve the dispute amicably. If an amicable resolution is not possible, the dispute will be submitted to the competent court in Kortrijk, Belgium.
ARTICLE 14. PROCESSING OF PERSONAL DATA
14.1 ThriveTogether Consulting BV collects and processes the personal data received from the client for the purpose of executing the agreement, customer management, accounting, and direct marketing activities. The legal grounds for processing are the execution of the agreement, compliance with legal and regulatory obligations, and/or legitimate interests.
14.2 ThriveTogether Consulting BV will only disclose these personal data to processors, recipients, and/or third parties to the extent necessary for the purposes of processing as mentioned above.
14.3 The client is responsible for the accuracy of the personal data provided to v and commits to complying with the legislation concerning the individuals whose personal data have been shared with us, as well as with respect to all possible personal data received from us and our employees.
14.4 The client acknowledges that they have been adequately informed about the processing of their personal data and their rights regarding access, correction, erasure, and objection.
ARTICLE 15. SPECIAL PROVISIONS AND DISPUTES
15.1 ThriveTogether Consulting BV reserves the right to exclude participants of a training or workshop from further participation if their behavior or presence disrupts or hinders the normal course of the workshop or training. Exclusion will be communicated to the client (possibly subsequently) in writing and with justification and does not release the client from the obligation to pay the full fee to ThriveTogether Consulting BV.
15.2 Belgian law applies to anything that may occur under quotations or orders for which these General Terms and Conditions do not provide.
15.3 In case of a dispute concerning this agreement, the courts of the registered office of ThriveTogether Consulting BV have jurisdiction.