Terms and conditions
Article 1: Applicability
These terms and conditions of sale apply to every agreement between Ally Institute and its contracting party, to the extent that there is no express derogation from it.
Article 2: Price Quotations
Price quotations made by Ally Institute are valid for 30 days, unless there is an indication to the contrary. An agreement is formed by the written confirmation of this price quotation. The prices referred to in a price quotation are in euros and exclude VAT, unless otherwise indicated. Those who wish to enjoy a reduced VAT rate or exemption from VAT must provide the necessary proof for this on commencement of the agreement.
Article 3: Delivery
The contracting party is obliged to purchase the services bought (training course in this case) at the moment at which this is made available to him, her or it in accordance with the agreement.
Article 4: Partial delivery
Ally Institute is allowed to provide the services in parts, unless on partial delivery does not have any individual value. If the services can be delivered in parts, Ally Institute is entitled to charge each part separately.
Article 5: Purchase price and payment
The purchase price consists of the agreed price for the services.
Payment must be made within 30 days after the services to the companies have been provided. Where (online) services to individuals are concerned, the payment must be made before the relevant training course commences.
Article 6: Intellectual property rights
All intellectual property to the information that is provided by Ally Institute vests fully and at all times in Ally Institute and/or in Elke Van Hoof. The contracting party must request Ally Institute or Elke Van Hoof for any use other than private use.
This means that all documents, document updates, knowledge, logos, images, brands, data and other information made available to the contracting party are protected by copyright and/or protected by a European brand registration. The contracting party declares that he, she or it shall not make the information or brands available to anyone, not copy them, give them to be viewed nor perform any other actions that can violate the confidentiality of the information.
Article 7: Media Policy
Parties undertake to treat one another with due respect. Without prejudice to the right to freedom of speech, this also means that parties will refrain from making unfounded or hurtful comments about one another to the traditional media or on social media. Parties undertake to mutually resolve any differences of opinion serenely and in a private atmosphere. If these attempts fail, the procedure outlined in Article 11 will be followed.
Article 8: Liability
Ally Institute expressly states that it is not liable for any damage, consequential loss or other damage that has arisen during participation in a training course or while following clinical psychological counselling.
Article 9: Complaints
Complaints must be communicated to Ally Institute in writing within 5 working days following the training course.
Article 10: Contract termination
Claims by Ally Institute vis-à-vis the contracting party are immediately claimable in the following cases:
if, after the agreement with Ally Institute has been concluded, circumstances come to light that give Ally Institute reason to fear that the contracting party will not fulfil his, her or its obligations;
if, upon concluding the agreement, Ally Institute requested the contracting party to provide surety for fulfilment and such surety is not given or is inadequate;
in the case of the contracting party’s liquidation, bankruptcy or suspension of payments. In these cases, Ally Institute can suspend the further execution of the agreement or terminate the agreement, as it deems fit, without prejudice to the right that Ally Institute has to claim compensation for damages.
Article 11: Terms and conditions of cancellation
It is not possible to cancel. Registration may be transferred to another person.
Article 12: Force Majeure
If Ally Institute is temporarily prevented from fulfilling its obligations, these will be suspended. Force majeure is understood to mean circumstances not attributable to Ally Institute that prevent fulfilment of the obligation. This is understood to include: strikes, pandemic, a general lack of raw materials, goods or services needed to bring about the agreed service, unforeseeable stagnation in the supply chain or by third parties on whom Ally Institute depends, and illness.
Article 13: Dispute settlement
The Parties will attempt to first resolve in mutual deliberation any dispute relating to the conclusion, validity, interpretation, execution
or termination of an agreement. If no amicable settlement can be reached, the parties will attempt to resolve this dispute by way of mediation by a mediator recognized by the Federal Mediation Commission and in accordance with the Cepani mediation regulations (email: firstname.lastname@example.org).
The mediation will commence no later than 15 days after the one party has served the other party with the request for mediation, and the duration of the mediation may not exceed 90 days, with the exception of express agreement by the parties.
If the mediation does not succeed, the parties will submit the dispute for arbitration, in accordance with the Cepani arbitration regulations (email: email@example.com).
Article 14: Applicable law
Belgian law governs every agreement between Ally Institute and the contracting party.