General Terms & Conditions

April 2021

Article 1 Definitions

1.1 General Terms and Conditions: these General Terms and Conditions which apply to courses, training, products or services provided by Data Protection Institute BV.

1.2 Data Protection Institute: Data Protection Institute BV, having its registered office at 2018 Antwerp (Belgium), Grotehondstraat 44 1/1, company registration number 0849.293.297 (RPR Antwerp), VAT BE0849.293.297. Contact details: see website https://www.dp-institute.eu/.

1.3 Client: the natural or legal person, who has undertaken or intends to purchase courses, training, products and/or services from Data Protection Institute, whether or not for payment.

1.4 Participant: the natural person that is enrolled to participate in the course, training or event, purchased by the Client.

Article 2 General provisions

2.1 The General Terms and Conditions apply to all offers, quotes, legal relationships and agreements relating to the provision of courses and training, as well as the provision of products and services, even if they have not been described (in more detail) in these General Terms and Conditions. Deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing.

2.2 The General Terms and Conditions are considered to have been accepted by the Client by the mere order of products and services, even if they conflict with the Client’s own general or special terms and conditions. The General Terms and Conditions are always available via the Data Protection Institute website. The applicability of any terms and conditions of purchase or any other terms and conditions of the Client is expressly rejected.

2.3 If any provision of these General Terms and Conditions is invalid, the other provisions of these General Terms and Conditions shall remain in full force. The Parties undertake to replace the provision that was declared null and void by a provision which as closely as possible approximates the economic intent of the provision declared null and void.

2.4 This version of the General Terms and Conditions replaces all previous versions of the General Terms and Conditions.

Article 3 Rates & payment

3.1 All prices are specified in euros and are exclusive of VAT and other levies. All price lists, quotations and contract proposals from Data Protection Institute are without obligation, apply by way of information and are not binding on Data Protection Institute prior to confirmation. Each order or assignment placed by the Client binds the latter, but binds Data Protection Institute only after written acceptance thereof in an order confirmation.

3.2 Data Protection Institute reserves the right to change its rates in the interim, with due observance of a term of thirty days. If an announced rate increase will be applicable to a current agreement, the other party shall be entitled to terminate that agreement in writing free of charge up to the commencing date of the rate increase. In that case, the termination takes effect on the commencing date of the rate increase. If Data Protection Institute has not received the cancellation at the latest at the time of the effective date of the rate increase, the Client is deemed to agree to the new rates.

3.3 Invoices shall be paid by the Client within thirty days after the invoice date. The acceptance of payment terms does not entail novation and does not affect the collectability of the debt and the interests and fees. In the event of training and courses, payment must be made no later than one week before the start date, except when it concerns a government Client who is only allowed to pay after participating in the course, in which case the invoice must be paid no later than one week after the course. In the event of registration less than one month before the start date, payment of the course fee must be made immediately on receipt of the invoice, except when it concerns a government Client who is only allowed to pay after participating in the course, in which case the invoice must be paid no later than one week after the course. For all non-government Clients: if full payment has not been received before the start of the training or course, Data Protection Institute shall be entitled to deny the Participant in question access to the training or course until full payment has been received, in which case the obligation to pay shall remain in force.

3.4 Even when a Participant does not appear at a course or training for which he has registered, or was registered, the financial obligation towards Data Protection Institute shall remain in force.

3.5 In the event of non-payment or late payment, administration fees amounting to 5% of the invoice amount with a minimum of EUR 60 shall be charged, without prejudice to the right to claim higher damages, subject to proof of higher actual damage occurred. If the term of payment has fallen due without full payment having been made, interest on arrears shall be due by operation of law and without prior notice of default in accordance with the provisions of the Act of 2 August 2002 on combating late payment in commercial transactions.

3.6 All goods delivered to the Client shall remain Data Protection Institute’s property, until all amounts agreed upon, as well as all other amounts owed by the Client due to failure to meet his payment obligations, have been paid to Data Protection Institute in full.

Article 4 Cooperation by the Client

4.1 The Client shall always provide Data Protection Institute with all useful and necessary data, information, materials and facilities on time for the proper execution of the agreement and shall provide every reasonable cooperation.

Article 5 Delivery periods

5.1 All (delivery) periods stated or agreed by Data Protection Institute have been determined to the best of Data Protection Institute’s knowledge based on the information known at the time the agreement was entered into, and are purely indicative and best efforts obligations. Data Protection Institute shall make every effort to meet the agreed (delivery) periods as much as possible. The mere exceeding of a (delivery) period shall not cause Data Protection Institute to be in default. Data Protection Institute shall not be bound by (delivery) periods that cannot be met due to circumstances beyond its control that occurred after the agreement was made. If a period is about to be exceeded, Data Protection Institute and the Client shall consult as soon as possible.

Article 6 Intellectual and industrial (property) rights

6.1 All intellectual and industrial property rights on all products developed or made available in pursuance of an agreement, including improvements or changes or additional development, are held exclusively by Data Protection Institute or its licensors. In this article, ‘product’ shall be understood to mean, among other things: analyses, designs, documentation, training material, reports, quotes, presentations, software and data files, as well as preparatory material thereof.

Article 7 Confidential information

7.1 All information provided by one of the parties (“Provider”) to the other party (“Recipient”) which the Recipient knows or should reasonably know is of a confidential nature shall be considered confidential information. The Recipient shall use this information solely for the purpose for which it was provided.

7.2 The Recipient undertakes to take the reasonably required measures to ensure the confidentiality of the confidential information it, or its employees, received, from the Provider. The Recipient shall comply with the Provider’s reasonable instructions in this respect.

7.3 Insofar as personal data is processed, the Recipient undertakes to protect and process personal data in accordance with the General Data Protection Regulation (GDPR), the Belgian Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and the other relevant legal regulations in force. The Client’s data and Participants’ data shall be registered and used by Data Protection Institute for customer and training management, registration of issued certificates and to keep the Client informed about Data Protection Institute’s services and products. If the Client or a Participant does not wish to be kept informed of future products or services, they can notify Data Protection Institute in writing. The full Data Protection Institute privacy statement is always available via the website: https://www.dp-institute.eu/en/privacy statement/. If the Client provides personal data relating to employees or staff, the Client shall inform these persons about the processing of these data by Data Protection Institute for the aforementioned purposes. The Client shall also inform these persons of their right to object, free of charge, to processing operations for direct marketing purposes, as well as their right of access and rectification.

Article 8 Termination or amendment of an agreement

8.1 This article applies to all agreements with the Client. The provisions of Article 10 apply additionally to open registration for courses.

8.2 Each of the parties shall have the right to terminate an agreement only if the other party, after having received a proper notice of default which is as detailed as possible and sent by registered mail, whereby a reasonable period (but no less than 30 calendar days) is given for remedying the shortcoming, fails imputably to fulfil essential obligations under that agreement.

8.3 Each of the parties may terminate an agreement in writing with immediate effect, either wholly or in part, without notice of default, if the other party is granted an extension of payment, temporary or not, if a petition for bankruptcy is filed with regard to the other party or if its business is liquidated or terminated other than for the purpose of reconstruction or merger of companies. The party thus terminating the agreement shall never be obliged to refund any funds already received or to pay damages. In the event of the Client’s bankruptcy, the right to use the materials and products made available to the Client shall fall due by operation of law.

8.4 If, at the time of the termination of an agreement as referred to in article 8.2, the Client has already received services as part of the performance of that agreement, these services and the payment obligations associated with them shall not be subject to cancellation, unless the Client proves that Data Protection Institute is in default with regard to these performances. Amounts that Data Protection Institute has invoiced before the termination in connection with what it has already done or delivered in terms of performance of the agreement shall remain payable in full with due observance of the previous sentence and shall become immediately payable at the time of termination.

Article 9 Registration and confirmation of open Registration for courses

9.1 Registration shall take place in writing or by telephone. Registration by phone is recommended in case of booking a course where an intake takes place, so that immediate consultation is possible.

9.2 Data Protection Institute shall send a written confirmation after receipt of the registration. The student shall receive an invitation about 7 days before the start of the course with further details about the training location, starting time and other specifications. If the desired course is fully booked, this will be communicated and an alternative will be offered.

9.3 A commission shall be deemed to have been accepted by Data Protection Institute if the Client has not expressly stated the contrary within fourteen days after the written confirmation was sent.

9.4 Registration of Participants in training and courses of Data Protection Institute shall take place in order of registration.

Article 10 Cancellation by the Client of an open registration for courses

10.1 The Client is entitled to fully or partially cancel an agreed course. Cancellations must always be made in writing. Cancellations by telephone will therefore not be accepted. The cancellation date is the date of receipt by Data Protection Institute of the written cancellation. In this context, postponement of a course shall be regarded as a cancellation followed by a new booking, in which case this article shall apply in full.

10.2 The cancellation costs are (in terms of percentage of the agreed price): up to 30 working days before the start of the course 0%; 30 to 15 working days before the start of the course 50%; less than 15 working days before the start of the course 100%.

10.3 The Client is entitled to substitute a Participant registered for a course by another person, if this is notified to Data Protection Institute before the start of the course and this person meets the admission criteria in Data Protection Institute’s opinion. Substitution at, or after, the start of a training or course is not permitted. There is no surcharge for such a substitution.

10.4 In case of a course with overnight stay(s), the Participant is responsible for the cancellation of the overnight stay(s) at the training facility. The acceptance by Data Protection Institute of a cancellation of the training or course on time does not discharge the Participant from his/her obligations vis-à-vis the training facility.

10.5 If course Participants have missed a part of a training or course, they must make up the missed part to receive a certificate of participation from Data Protection Institute. In the event of a training or course resulting in certification, it is not possible to make up on missed units in another training group. The costs arising from compensating the missed parts shall be borne by the Client. In case the Participant does not pass the certification, it is possible to do one resit at the next examination moment. The price for a resit is EUR 200. There is no appeal procedure in case of failure. If the Participant does not pass the resit, he has to follow the course again.

10.6 If you are unable to attend the course due to illness, please inform Data Protection Institute of your absence before the start of the course (before 9 a.m). Please also provide us with a certificate of absence. If you fail to do so, we will be obliged to charge a fee of EUR 350.

10.7 If you want to move the course to another week, less than 15 working days before the start of the course, you will have to pay a fee of EUR 350.

Article 11 Course change or cancellation by Data Protection Institute

11.1 Data Protection Institute reserves the right to make changes to the course schedule and/or the course times, to change the accommodation, to replace instructors, to update teaching materials, books, etc. or to combine courses without specification of reasons. Data Protection Institute shall make every effort to provide a course in accordance with the agreements made, but does not accept liability if a course cannot be organised or must be interrupted due to circumstances. In such case, Data Protection Institute shall make every reasonable effort to complete the training or to provide it at a later date. If the latter proves impossible, course fees already paid shall be refunded.

11.2 Furthermore, Data Protection Institute reserves the right to cancel a group course due to lack of registrations. Registered Participants will be informed of such cancellation no later than ten working days before the start of the training. A next suitable date will be chosen from the list of planned courses together with the Client.

Article 12 Certificates

12.1 At the end of certain training courses, the Data Protection Institute may issue a certificate to the natural person who followed the training or further training (the Certificate Holder) and the registration fee has been paid. The study program for which a certificate is issued are listed or the possibility of obtaining a certificate is indicated at the latest at the start of the study program. This certificate is available to the Certificate Holder in both digital and paper form and is free of charge.

12.2 The certificate can only be awarded if the Certificate Holder has met certain requirements, such as regular attendance during the training, passing an exam or following refresher training. The requirements are always announced in advance in the form of regulations or at the latest at the start of the training or refresher training. In case of uncertainty, one should contact the Data Protection Institute in writing. Starting the training means that the Participant subscribes to the requirements. Data Protection Institute reserves the right not to issue the certificate in case of non-compliance with the above requirements by the Certificate Holder.

12.3 The certificate is personal and can be made public by the Certificate Holder or used in applications as proof of training or further training followed by the Certificate Holder.

12.4 The certificate is valid for three full calendar years. (Example: a certificate obtained on October 10, 2019 is valid until October 9, 2022). Certificate Holders can inquire at the Data Protection Institute under which conditions a certificate can be extended or renewed for a new period.

12.5 It is prohibited to manipulate the certificate in any way.

Article 13 Force majeure

13.1 If one of the parties is unable to comply with any obligation arising from an agreement due to force majeure, it shall be obliged to inform the other party of this within 5 days of establishing the situation of force majeure by registered letter, with specification of reasons. This notification must contain all necessary factual elements to enable the other party to establish the existence of the force majeure.

13.2 Regardless of the nature of the situation of force majeure, the agreement shall remain in full force. If the performance of the activities specified in the agreement is postponed by one of the parties, the parties must determine in consultation when the delivery or purchase obligation can still be met.

13.3 If a situation of force majeure has lasted or is expected to last longer than six months, either party shall be entitled to terminate the agreement. The services already performed in pursuance of the agreement shall in that case be settled proportionately.

Article 14 Disclosure

14.1 The Client shall allow Data Protection Institute to make the services of Data Protection Institute chosen by the Client and their nature public, stating the Client’s name and logo or brand. Following the Client’s prior written consent, Data Protection Institute is allowed to make the solution public and can make a description of the reasons why the Client has chosen the solution of Data Protection Institute and the resulting benefits for the Client.

Article 15 Liability

15.1 Data Protection Institute’s liability shall be limited to compensation for damages, i.e. compensation for the value of the services not performed. Any other liability is excluded. The damages to be paid by Data Protection Institute shall never exceed the total amount owed by the Client based on the agreement in question, being the amounts of the agreement to which the liability relates.

15.2 Data Protection Institute is only liable for direct damages. Data Protection Institute’s liability for indirect or consequential damage, including but not limited to loss of profit, missed savings, reduced goodwill, damage due to business interruption, damage as a result of claims by customers of the Client, damage or loss of data, loss of opportunity, is excluded.

15.3 Data Protection Institute cannot be held liable for any errors in printed materials and typesetting.

15.4 There is no limitation of liability for damage caused by fraud or intentional negligence.

15.5 Advice given during courses – by instructors or fellow students – is non-binding and general. They should not be understood as bespoke (legal or technical) advice.

15.6 Any claim by the Client for compensation against Data Protection Institute will lapse by operation of law if it has not been brought before the competent court within a period of two (2) years after the facts on which the claim is based could be known or could reasonably have been known by the Client.

Article 16 Final provisions

16.1 The agreements between Data Protection Institute and the Client shall be governed by Belgian law.

16.2 All disputes relating to or arising from these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Antwerp.