General Terms and Conditions
1. Binding Effect
The services are offered by Group S SA, whose registered office is located at 1000 Brussels, Rue des Ursulines 2, registered in the Brussels Register of Legal Entities, with company and VAT number BE 0456.681.542.
Acceptance of an offer or quotation also implies acceptance of all contractual terms and conditions of use of tools, applications, and services, including but not limited to provisions relating to privacy protection.
The Client confirms having provided GROUP S with all necessary and useful information to enable it to make its offer with full knowledge of the facts. The Client also confirms having been sufficiently informed about GROUP S’s services and products.
These General Terms and Conditions (hereinafter referred to as “General Terms”) prevail over all other general terms unless expressly and in writing accepted by GROUP S. Any different, additional, or contrary general terms communicated to GROUP S are deemed not accepted unless expressly stated in GROUP S’s offers or specific contracts.
The Client acknowledges having read these General Terms and accepts them in full.
2. Purpose and Registration Procedures
GROUP S offers workshops based on a catalog. In addition, tailor-made workshops can be organized according to the client’s needs.
GROUP S’ s offers and quotations are non-binding and, as such, do not bind GROUP S. The Parties are bound by the online workshop order or the signing of a purchase order by the Client.
Catalog-based workshops are subject to direct “online” registration.
Tailor-made workshops requested by the client will be defined in a purchase order to specify the needs
GROUP S will confirm any registration request. In the absence of confirmation, this should be reported to Academy@Groups.be
3.Obligations of the Parties
3.1. Client's Obligations
The Client must provide GROUP S with all documents, information, and data necessary for the execution of the services and the organization, delivery, and completion of the workshop.
The Client guarantees the accuracy of all information and data communicated and guarantees that this information does not infringe the rights of others.
The Client undertakes to inform GROUP S of any changes to the documents, information, and data necessary for the execution, organization, and delivery of the workshop.
As long as the Client has not provided the aforementioned documents and data, Group S cannot deliver the requested workshop. In this case, the Client remains liable for the agreed fees and prices.
The Client undertakes to use the workshop only internally within the framework of its own activity and as a prudent and reasonable person.
The Client is the sole beneficiary of GROUP S’s services. The Client may not transfer the contract or the information provided under it to third parties without prior notice to GROUP S and its express consent. The Client may not use the workshops and documents provided for paid events given to third parties and releases Group S from any liability.
3.2 GROUP S’s Obligations
GROUP S undertakes to make every effort to provide the selected workshop described in the agreement, taking into account the client’s specifications and instructions. The commitments of Group S are obligations of means.
4. Billing and Payment
4.1. Price
For tailor-made workshops, prices appear on the offer in response to the Client’s request and needs
For catalog-based workshops, prices appear on the website.
GROUP S invoices its services according to the amounts stated in the offer accepted by the Client, which serves as a purchase order.
Any catering and documentation costs will be mentioned as included in the price if applicable.
Amounts are always expressed in euros and are exclusive of VAT and other possible taxes.
4.2. Indexation
All recurring fees and allowances listed in the offer or purchase order (hereinafter referred to as “base allowance”) are indexed annually on January 1 based on the consumer price index, according to the following formula:
New allowance = base allowance × (new index / base index)
Where:
· The base index is the consumer price index for November preceding the contract’s effective date.
· The new index is the consumer price index for November of the year preceding the indexation date.
If the index decreases, allowances will never be lower than those due the previous year.
Any revision will be communicated to the client with reasonable notice.
4.3 Payment Terms
The invoice will be sent by email to the address provided during registration.
- Case 1: For a single workshop session, the invoice will be issued after the service.
- Case 2: For a series of workshop sessions on successive dates, the invoice will be issued after the first session and will cover the entire series.
All invoices are payable within thirty (30) days from the invoice date and no later than thirty (30) days after the relevant workshop date.
Any unpaid amount at its due date will automatically and without prior notice incur a fixed and irrevocable penalty of 10% of the outstanding balance, as well as late payment interest at the rate determined by the law of August 2, 2002, on combating late payment in commercial transactions, without prejudice to the right to claim any other compensation and/or interest. A fixed fee of €40 will automatically be added for collection costs incurred.
Any default in payment, request for deferred payment, or any other fact likely to indicate the Client’s insolvency, as well as a change in the Client’s control, will automatically terminate any granted payment period for any service provided or in progress and make these payments immediately due.
Without prejudice to Article 7, these circumstances entitle GROUP S to terminate this contract without notice in accordance with Article 7, by simple registered letter and without any compensation to the Client.
4.4. Suspension or Cancellation of Services
If payment remains outstanding 15 days after a reminder, GROUP S may suspend its services or terminate the agreement without notice or compensation.
4.5. Cancellation of Registration or Workshop
Any cancellation or postponement of a workshop initiated by the client must be made exclusively in writing to Academy@groups.be.
The cancellation period differs depending on whether it concerns a catalog-based workshop or a tailor-made workshop at the client’s request:
A catalog-based workshop may be cancelled at least fifteen (15) working days before the workshop date.
A tailor-made workshop may be cancelled at least twenty-five (25) working days before the workshop date.
After these deadlines, cancelled workshops will be invoiced to the Client at 100%.
Any workshop may be postponed or cancelled based on a medical certificate sent to Academy@groups.be within a maximum of 5 working days. If participation is impossible, another participant may replace the original one. Academy@groups.be
In exceptional and unforeseen circumstances or in case of insufficient registrations, a workshop session may exceptionally be cancelled or postponed by GROUP S to a later date, or the workshop location may be changed. In such cases, the Client will be contacted as soon as possible by email at the address provided during registration and will have the option to cancel, free of charge, within 5 working days after receiving the information.
5. Attendance Certificate
An attendance certificate for the workshop will be issued upon simple prior request by email to academy@groups.be.
If the workshop spans several days, the certificate will only be issued if the participant attended the entire training.
If the Client cannot attend one or more days, the missed module can only be rescheduled if the Client notify at the start of the relevant workshop day and justify it with a medical certificate.
6. Responsibilities
Training provided by Group S is based on the legislation in force at the time of the workshop. Since legislation changes and specific situations may vary greatly, Group S cannot be held liable for any subsequent use of the workshop by the client.
Workshops and all information they contain may not be transposed, transferred, or used for other sessions organized by the Client. Group S cannot be held liable in case of transfer, transposition, or subsequent use of the workshop by the Client.
The information, examples, simulations, advice, and answers to questions provided by trainers are indicative and do not take into account the Client’s individual situation. They cannot engage Group S’s responsibility.
Services provided by GROUP S do not exempt the Client from its responsibility as an employer. Services from GROUP S are provided based on information communicated by the Client. The Client retains sole decision-making power and remains personally responsible for all consequences of decisions taken. Each decision must be made as a prudent and reasonable employer.
6.1. Accuracy of Data and Loss of Documents
GROUP S is not responsible for the loss or accidental destruction of entrusted documents. Documents are presumed to be copies of originals kept by the client.
6.2. Non-fulfillment of Client Obligations
GROUP S cannot be held liable for the Client’s failure to fulfill obligations described in the agreement and/or these General Terms. The client indemnifies GROUP S against any damage resulting from its contractual breach.
6.3. Non-fulfillment or Delay by GROUP S
GROUP S does not guarantee that the website will be accessible at all times without interruption. It will make every effort and take sufficient precautions to avoid malware. GROUP S does not guarantee that any software used and/or service provided using computer software will be completely error-free.
GROUP S is not liable for consequences of failure or delay in performing its obligations due to client requests for workshop modifications, additional services, or circumstances beyond its control, such as force majeure.
6.4. Shared Liability
Except in cases of subcontracting, GROUP S is not liable for the faults of other parties involved in the workshop. In case of damage caused by multiple parties, GROUP S is only liable for its share of the damage.
6.5. Limitation of Liability
GROUP S’s liability is limited to direct and foreseeable damages, excluding indirect damages (loss of profits, clientele, etc.).
In any case, compensation for damages suffered by the Client, for which GROUP S’s liability is recognized and duly proven, will be limited to the annual amount paid by the Client for GROUP S’s services.
Under no circumstances will Group S be liable for your failure to fulfill obligations toward third parties or, more generally, for your non-performance of obligations.
If document and contract templates are provided to the Client, they are for guidance only and subject to verification by the Client. Given the constant evolution of legislation and market practices and the specific nature of the Client’s activities, each template must be reviewed before each use. The Client waives any recourse against GROUP S in case of damage suffered by the Client or third parties due to non-compliance of a template adapted by the Client.
Furthermore, the Client agrees to indemnify and hold Group S harmless against any third-party claim against Group S, unless the third party can demonstrate that (i) the claim is based on a fault by Group S that cannot be qualified as a contractual fault under the contract or these General Terms; and (ii) the third party seeks compensation for damage different from that resulting from a breach of the contract or these General Terms, both conditions being cumulative.
The Client agrees not to engage Group S’s extra-contractual liability or that of its agents, employees, directors, auxiliaries, and subcontractors if (i) the alleged fault is not distinct from a breach of the contract or these General Terms; and (ii) the alleged damage is not different from that resulting from non-performance or poor performance of the contract or these General Terms, both conditions being cumulative.
7. Confidentiality
Each party acknowledges that, in connection with or under the performance of the contract, it may receive or have access to the other party’s exclusive and confidential information (“Confidential Information”). Each party undertakes to preserve and ensure the confidentiality of Confidential Information at all times and to ensure the security and protection of all Confidential Information against theft, misuse, loss, or unauthorized access. Without the prior written consent of the owner of the Confidential Information, a party may not directly or indirectly use, disclose, exploit, copy, or modify Confidential Information, nor authorize a third party to do so, except solely for the purpose of exercising its rights and obligations under the contract.
Personal data is processed exclusively in accordance with (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, known as the General Data Protection Regulation (GDPR), and (ii) all applicable Belgian regulations.
Personal data of clients and workshop participants processed includes identification data (name, first name, national number, language preference), contact details (email, business address, home address, phone number), and professional data (position, qualifications).
This data will only be processed to offer tailored and personalized workshops and for registration, organization of training, issuance of attendance certificates, and payment follow-up.
This data is not transferred to third parties and is stored exclusively within the European Union.
Collected data is retained for the time necessary for processing.
All information on how data is processed and on the rights of data subjects is set out in the privacy statement on the website: https://www.groups.be/fr/declaration-de-protection-vie-privee.
9. 9. Modification of the Assignment and Additional Services
Any request for modification of the workshop or additional services by the client must be accepted in writing by GROUP S and will be subject to an additional quotation to be approved by the client or will result in an additional price at the contractually established rate.
GROUP S may refuse a modification request that undermines the essence of the agreement.
9. Droits Intellectuels et réserve de propriété
GROUP S conserve la propriété de tous les droits d'auteur et autres droits de propriété intellectuelle sur le matériel de formation, questionnaires, bases de données, et modèles développés dans le cadre de ses services.
Le client dispose d'un droit d'usage non exclusif et non transférable sur le matériel de formation et autres outils, exclusivement à des fins internes, après paiement intégral des services.
GROUP S se réserve le droit d'utiliser le matériel développé pour le client à d'autres fins ou pour d'autres clients.
10. Intellectual Property and Retention of Title
GROUP S retains ownership of all copyrights and other intellectual property rights on workshop materials, questionnaires, databases, and templates developed as part of its services.
The client has a non-exclusive, non-transferable right to use the workshop materials and other tools, exclusively for internal purposes, after full payment for the services.
GROUP S reserves the right to use materials developed for the client for other purposes or other clients.
11. Amendments to the General Terms
Le client s'engage à ne pas solliciter, recruter, ou employer tout employé/formateurs de GROUP S ayant participé directement ou indirectement à l'exécution de la formation pendant une période de 12 mois après la fin de la mission.
En cas de violation de cette clause, le client s'engage à verser à GROUP S une indemnité égale à 12 mois de salaire brut de l'employé concerné.
12. Clause de réserve de propriété
GROUP S reserves the right to amend these General Terms at any time. Amendments are binding on clients from the time they are posted on Group S’s website.
The Client is invited to regularly consult the General Terms to be aware of any changes. In case of disagreement with the changes, the client must stop using GROUP S’s services.
12. Non-Solicitation Clause
13.1 Compétences du signataire
The Client undertakes not to solicit, recruit, or employ any GROUP S employee/trainer who has directly or indirectly participated in the execution of the workshop for a period of 12 months after the end of the assignment.
In case of violation of this clause, the Client undertakes to pay GROUP S compensation equal to 12 months of the gross salary of the employee concerned.
13. Retention of Title Clause
GROUP S retains ownership of tools, materials, and documents provided as part of its services until full payment of their price by the client.
The Client undertakes to return, if necessary, the tools, materials, and documents in good condition at the end of the assignment or in case of termination of the contract.
14. Miscellaneous Provisions
14.1. Authority of the Signatory
The signatory of this contract is deemed competent to bind the Client or authorized for this purpose and undertakes to do so.
The Client cannot invoke the signatory’s lack of authority to evade its obligations to GROUP S.
14.2. Invalidity
If one or more provisions of the Contract or the General Terms are deemed or declared invalid under a law or a final judgment of a competent court, the force or scope of the other provisions will remain intact. The Parties undertake to replace the invalid provision with a new provision that achieves, as far as possible, the initial objectives of the invalid provision.
The invalidity or unenforceability of any provision or clause of the contract or the General Terms will not result in the invalidity or unenforceability of the entire contract or General Terms. If the validity or enforceability of a provision of this contract is compromised or seriously threatened, the parties will take all reasonably necessary or desirable measures to keep these provisions legally in force or to replace the provision concerned with another provision that, from an economic point of view, has substantially the same effects for all parties, unless the invalidity or unenforceability of the provision or clause eliminates the cause or undermines the balance of the contract.
These General Terms, together with specific agreements, constitute the entire agreement between the parties. They replace and cancel any prior oral or written agreement relating to the same subject matter.
14.3. Governing Law and Jurisdiction
All contracts, including these General Terms, are governed by Belgian law.
Any dispute relating to the interpretation or execution of the contracts, including these General Terms, falls under the exclusive jurisdiction of the courts of Brussels.
Before any legal action, the parties undertake to attempt an amicable settlement.
