General Terms and Conditions

1. Assignment

These general terms and conditions apply to every assignment entrusted to Arch Safeguarding, with its registered office in Wilrijk, Belgium (hereinafter collectively referred to as “Arch Safeguarding”).

The application of general or other terms and conditions of the client or contracting party (hereinafter referred to as “the Client”) is excluded.

Every assignment accepted by Arch Safeguarding constitutes an obligation of means. However, it will be carried out with the necessary professionalism and care that can reasonably be expected of Arch Safeguarding.

The acceptance of an assignment and, consequently, the conclusion of an agreement between Arch Safeguarding and the Client, may be evidenced by any written document, including digital correspondence.

2. Payment Terms

Invoices issued by Arch Safeguarding are payable within fourteen days from the invoice date. From the due date, interest will be automatically and without prior notice charged at the rate specified in the relevant payment terms legislation, along with a fixed compensation of 10% of the overdue amount, with a minimum of €125 per invoice.

In the event of late payment, Arch Safeguarding reserves the right, without prior notice, to suspend the (further) execution of the assignment.

Third-party costs and other expenses incurred in the performance of an assignment will be charged to the Client. Arch Safeguarding may apply a surcharge or increase to third-party costs and other expenses.

Unless otherwise stated, Arch Safeguarding’s rates are exclusive of VAT. The Client will receive periodic (in principle, monthly) invoices. Additionally, Arch Safeguarding may require advance payments before commencing or during the execution of an assignment.

The Client is required to check Arch Safeguarding’s invoices immediately upon receipt and to communicate any dispute of the invoice in writing within eight calendar days of receipt. Unless proven otherwise, each invoice is deemed to have been received by the Client on the first business day following the invoice date.

3. Cancellation

If the Client cancels a mutually confirmed and scheduled training, 50% of the training fee will be charged if the cancellation occurs up to 8 days before the planned date. If cancellation occurs from 7 days before the planned date, the full amount will be due. All cancellations must be made in writing.

4. Intellectual Property

Arch Safeguarding retains all intellectual property rights to the presentations it delivers or information it provides (in textual form, images, code, digital formats, video, audio, etc.). Arch Safeguarding has the exclusive right to reproduce, in whole or in part. The Client agrees not to digitally record, use, copy, or distribute any presentation (in whole or in part) from Arch Safeguarding without permission. Any deviation from this must be agreed upon in writing.

Additionally, the (results of the) work performed by Arch Safeguarding remain the exclusive property of Arch Safeguarding at all times and may not be disclosed to third parties by the Client. In any case, third parties will not be able to rely on such work, nor assert any claims based on it.

5. Use of Third Parties

Arch Safeguarding may engage third parties to carry out an assignment and exercises due diligence in the selection of such third parties. Arch Safeguarding is not liable for any actions or omissions of third parties.

6. Attendance

For internal company training, the Client is not allowed to invite third parties (whether or not for payment) to the training, unless previously agreed upon in writing with Arch Safeguarding.

7. Liability

Arch Safeguarding is only liable for damage resulting from gross negligence, gross error, or fraud in the execution of an assignment. Furthermore, indirect or consequential damages, including damages suffered by third parties or loss of profit, are not eligible for compensation. Any potential liability is limited to an amount equal to the total compensation paid to Arch Safeguarding in the 12 months preceding the last incident causing the damage. However, if a liability insurance policy provides coverage for higher amounts, liability will be increased to the amounts effectively covered by the insurance company for the damage in question.

Arch Safeguarding is not liable for delays or shortcomings in the execution of an assignment due to force majeure or any other event beyond its control.

Any claim for damages against Arch Safeguarding must be filed within one year of the event giving rise to or potentially giving rise to the claim being discovered, or reasonably could have been discovered, failing which the claim will be barred.

8. Applicable Law and Jurisdiction

All legal relationships with Arch Safeguarding are governed by Belgian law. Only the courts of the jurisdiction where Arch Safeguarding has its registered office have jurisdiction.