Terms and Conditions
September 1st 2022 - version 1
These are the Terms and Conditions (hereinafter referred to as “T&C”) of Karolien Vanhelden (with trade name Karolien Vanhelden), registered seat’s address at Vredestraat 11 3010 Kessel-Lo Belgium and registered in the Belgian Crossroads Bank for Enterprises with enterprise number 0790.340.162 (hereinafter referred to as “Karolien Vanhelden”, “the Company”, “We”, “Us” or “Our”).
Article 1 - Scope
These T&C apply to every offer, every quotation and every agreement concluded in respect of the products and/or services the Company offers to professional customers, natural persons and legal entities (hereinafter referred to as the "Customer", “He/She” or “His/Her”). These T&C apply to the exclusion of the Customer's general terms and conditions, unless the parties agree otherwise in writing.
By subscribing, purchasing or signing a contract, the Customer acknowledges to accept the T&C and undertakes to comply with them.
In addition to these T&C, additional terms and conditions may apply to certain products and/or services if explicitly stated in the product or service description. If there is a contradiction between the supplementary terms and conditions and these T&C, then, in principle, the provisions of the supplementary terms and conditions prevail over these T&C, unless otherwise stipulated.
You can always consult the latest version of the T&C on this website via the following link: www.karolienvanhelden.com/terms-and-conditions . The Company reserves the right to change the provisions of the T&C.
Article 2 – Our offer
The offer of the Company may include, but is not limited to selling, organizing and facilitating education (courses, publications, learning solutions,…), training, coaching, guidance programs, development paths, webinars and events, both online (remote) and offline (on location).
Definitions for the purposes of these T&C:
- Open training: Trainings in which the Customer can participate, whether or not simultaneously together with other customers. Trainings can be online or on location.
- Coaching: Personal guidance of an individual or a group. Coachings can be online or on location.
- Corporate offer: Trainings in which only employees of a company can participate. Trainings can be online or on location and can be expanded with coaching (one-on-one, team or company coaching).
A non-exhaustive list of products and services We offer:
- The Customer will participate individually
- Open training: (Online) trainings, courses and programs
- Coaching: (Online) one-on-one coachings (personal guidance of the Customer)
- (Online) open training combined with (online) one-on-one coaching
- The Customer will participate simultaneously together with other customers
- Open training:
- (Online) trainings, courses and programs
- (Online) seminars and events
- Coaching: (Online) group coachings (personal guidance of individuals simultaneously)
- (Online) open training combined with (online) group coaching
- Open training:
- Corporate offer (participants are employees of the same company)
- (Online) team or company trainings (training of a company’s team or employees of a company)
- Trainings can always be expanded with (online) individual one-on-one coaching of the employees (personal guidance of an employee or team member) or with (online) team or company coaching (personal guidance of employees of the company simultaneously)
- Publications: ebooks, whitepapers,…
- Keynotes, public speaking events
After this, the services and products are collectively referred to as “Service” or “Services”.
Unless otherwise agreed in writing, the Customer accepts that the Services are standard products that have not been created specifically for His/Her needs. The Company gives no guarantee and assumes no responsibility with regard to the Services meeting the specific needs of the Customer. The Company shall take all reasonable measures to provide the Customer with information as complete and accurate as possible, but without any guarantee in this respect.
Every registration for and purchase of a Service by the Customer must be done electronically or in writing. Telephonic registrations will not be accepted. The Services are available on and can be purchased on Our website www.karolienvanhelden.com OR are available upon request by sending an email to [email protected] or via a contact form on Our website.
- Services that can be purchased on Our website:
The Customer wishing to purchase a particular Service must follow the ordering process on the website and fill in His/Her personal and professional details. When ordering a Service, the Customer will provide the information requested fully and truthfully. He/She is solely responsible for the accuracy of the data and information He/She transmits. The agreement between the Company and the Customer is only concluded after written or electronic confirmation by the Company. After completing the ordering process and upon request, the Customer receives His/Her invoice by email.
- Services upon request via email or a contact form:
For all Services upon request that cannot be purchased directly on Our website, a proposal will be made to the Customer in the form of a quotation, based on the information exchanged. The Customer guarantees the Company that the information provided, necessary for the development or organization of the Service, is complete and correct. The Customer only involves third parties or let third parties participate in the Service after written approval of the Company. The registration is concluded after the signing of a specific contract between the Company and the Customer. When signing a contract, the Customer will provide the information requested fully and truthfully. He/She is solely responsible for the accuracy of the data and information He/She transmits. The invoice will be sent via email after the negotiation and signing of the contract.
Article 3 – Our prices
All quoted prices are exclusive of VAT, unless otherwise indicated. The Company always reserves the right to change the prices. The applicable prices are those in force at the time of registration or purchase or the signing of a contract.
Article 4 – Access to online platform
After purchasing a Service that inquires access to an online platform, login details for Our online platform will be created and access to the purchased Service will be provided to the Customer. These login details are personal and not transferable to third parties.
The Customer understands and accepts that access to each online Service is limited to 180 calendar days - unless otherwise stated. This period starts on the day We provide Him/Her with the login details and without any possibility of renewal - unless otherwise stated.
When We grant the Customer access to Our online platform, We expect the Customer to handle His/Her account correctly and to keep His/Her login details safe, not pass them on to third parties, not commit criminal offences or take any actions that may harm Our image or reputation. The Customer is responsible and liable for the confidentiality and use (i) of His/Her access codes, passwords, login details and email addresses, and (ii) of the use of the available content.
If We determine that the Customer is not complying with this Article and depending on the nature of the violation, We may, in Our sole discretion even: charge additional fees and fines; permanently terminate His/Her access and/or discontinue Our service; remove certain content and/or take all necessary steps to end the abuse.
Article 5 – Modification: Postponement or cancellation
All Services will take place at the date and time and during the timeframe agreed with the Customer and on location or via Our online meeting room.
In the event that the Customer does not show up without notice ("no show up") or leaves early, the Service is 100% payable and no refund is possible. With regard to Our corporate offer, if the number of participants decreases after the agreed and signed contract, the full agreed and signed amount of the Service needs to be paid. No refund is possible, regardless the amount of participants that will actually show up.
In case of request of postponement: The Customer needs to request the postponement to the Company in writing.
- (Online) one-on-one coaching with personal guidance of the Company: Rebooking is possible free of charge up to forty-eight (48) hours prior to the start of the coaching session, unless otherwise stipulated. If the Customer postpones less than forty-eight (48) hours, the Customer will pay an additional rescheduling cost equal to 10% of the invoice amount in addition to the agreed invoice amount for the coaching session itself. A rebooking of a one-on-one coaching session is allowed one (1) time.
- (Online) open trainings and (online) group coaching: Postponement of the Service is not possible.
- Corporate offer:
- The Customer can postpone the planned training free of charge up to fifteen (15) calendar days prior to the training date, unless otherwise stipulated.
- If the Customer postpones the planned training less than fifteen (15) calendar days prior to the training date, the Customer will pay an additional rescheduling cost equal to 10% of the invoice amount in addition to the agreed invoice amount for the training itself.
- In the event of a postponement of the planned training, the Customer will also pay all costs already incurred by the Company during the preparation, such as reservation costs, relocations,... The new date of the training must fall within 3 months after the initially planned date. A postponement of the planned training is allowed one (1) time.
- If the training is expanded with coaching:
- One-on-one coaching session: Rebooking is possible free of charge up to forty-eight (48) hours prior to the start of the coaching session, unless otherwise stipulated. If the Customer postpones less than forty-eight (48) hours, the Customer will pay an additional rescheduling cost equal to 10% of the invoice amount in addition to the agreed invoice amount for the coaching session itself. A rebooking of a one-on-one coaching session is allowed one (1) time.
- Team or group coaching: the same terms and conditions of the postponement of a training of a corporate offer are applicable.
In case of request of cancellation:
- For all Services, except Our corporate offer and keynotes:
- Every cancellation request of the purchase of a Service by the Customer must be made in writing within fifteen (15) calendar days after the date of purchase and must be expressly accepted by the Company in writing. The purchase of a Service can only be cancelled if at the moment of the cancellation request the Service is not yet accessible (in whole or in part) nor in use (in whole or in part). In addition, if at the moment of the cancellation request a How To Fascinate® product has already been sent to the Customer or the access to a How To Fascinate® product has been granted (regardless if this product has already been used or not), it is not possible for the Customer to cancel His/Her purchase nor to ask for a refund.
- In case of cancellation of the purchase of a Service, the Customer owes a fixed compensation of 15% of the invoice amount of the cancelled purchase.
- It is not possible for the Customer to cancel His/Her purchase of any of Our online Services that are immediately accessible and/or downloadable after purchase, nor to ask for a refund. Consequently after purchase there is no right of withdrawal and the Customer acknowledges, agrees with and accepts immediate delivery/access to the Service.
- For Our corporate offer:
- Every cancellation request of the purchase of Our corporate offer must be made in writing and must be expressly accepted by the Company in writing.
- The Customer can cancel the planned training free of charge up to thirty (30) calendar days prior to the training date, unless otherwise stipulated.
- If the Customer cancels the planned training between twenty-nine (29) and fifteen (15) calendar days prior to the training date, the Customer will pay 50% of the amount stated in the contract.
- If the Customer cancels the planned training less than fifteen (15) calendar days prior to the training date, the full amount stated in the contract remains due.
- In the event of cancellation of the planned training, the Customer will also pay all costs already incurred by the Company during the preparation, such as any reservation costs, purchases of didactic material, working hours,…
- Regardless of the timing of the cancellation request, if a How To Fascinate® product has already been sent to the Customer and/or the participants or the access to a How To Fascinate® product has been granted (regardless if this product has already been used or not), all How To Fascinate® products need to be paid in full. This amount will be added to the amount of the cancellation fee.
- If the training is expanded with coaching (one-on-one coaching and/or team/group coaching), the same terms and conditions of the cancellation of a training of Our corporate offer are applicable.
With regard to keynotes and public speaking events, postponement and cancellation policy will be discussed during negotiation and agreement of the contract.
Article 6 – Force majeure
The Company will take all reasonable measures to allow the Service to take place. In cases of force majeure (such as, but not limited to, illness, traffic jams, administration measures, lack of sufficient registrations etc. and other unexpected events over which the Company has no control), We reserve the right to cancel the scheduled Service or to change the content, the date/dates or the location. Force majeure releases the Company from its obligations, without the right to any price reduction or compensation for the Customer.
Article 7 – Invoices and payments
Unless otherwise stipulated, all invoices are payable in cash within fourteen (14) days after the invoice date to the following bank account number: IBAN BE04 0019 3096 2731 - BIC GEBABEBB and with the order number as reference.
Notwithstanding the previous provision, the Customer will only receive access to Our Service or online platform after full payment of the invoice.
If the Customer places an order via Our website, payment can be made by using the payment method Mollie.
Non-payment of an invoice on the due date shall, by operation of law and without prior notice of default, give rise to an interest of 1% of the invoice amount per month commenced (each month started is considered to have expired) and to an additional fixed compensation of 10% of the unpaid invoice amount with a minimum of EUR 75 (seventy-five), without prejudice to legal and other costs and damages. In the event of (partial) non-payment of even one invoice, all outstanding, even non-due amounts, shall become immediately due and payable.
In the event of non-payment of an invoice on the due date the Company shall also be entitled, without prior notice of default or compensation, to suspend the Customer’s orders and the Services until full payment of the outstanding amounts, including the collection costs incurred due to non-payment.
The Company reserves the right to apply the principle of advance payment to all purchases.
Any protests to invoices must be made in writing (registered letter), within five (5) calendar days of receipt, stating the reasons for the complaint. In the absence of timely protest, the invoices are definitively accepted and payment is due.
Article 8 – Intellectual Property and duty of confidentiality
The intellectual property rights to Our ideas, concepts, developments, programs, training courses, publications and any other work belong exclusively to Us. The Customer shall inform Us without delay of any infringement by third parties of Our intellectual property rights of which He/She is aware.
By gaining access to Our Service, the Customer acquires a temporary right of use to the documents We make available, exclusively for personal use and for the duration of the Service. Subject to the legal exceptions, the content and documentation of a Service, in whole or in part, may not be reproduced, translated, adapted and/or stored in any form or by any means by the Customer. The content and documentation of a Service may not be distributed, disclosed, communicated, commercialized or passed on, in whole or in part, to the public in any form or in any way by the Customer without the express and prior written consent of the Company.
The Customer will not, without the express and prior consent of the Company, make any announcements about the approach and working method to third parties, even after the termination of the Service. The Customer undertakes to keep the information and trade secrets He/She learned secret, also after the termination of the Service.
Article 9 – Warranties
We undertake to provide Our Services, which are considered resource commitments and not result commitments, in a professional manner, with all reasonable skill and care, in accordance with the relevant standards and requirements as known in the industry and in compliance with these T&C and all applicable laws.
The Customer acknowledges and accepts that every Service is a comprehensive process that may involve different areas of His/Her life, including but not limited to work, finances, health, relationships, education, recreation,... The Customer agrees that it is solely His/Her responsibility to decide how to deal with these areas, to incorporate the principles into these areas and to implement His/Her choices.
The Customer acknowledges and accepts sole responsibility for creating and implementing His/Her own physical, mental, emotional, financial,… decisions, choices, actions and results arising from or resulting from the Services.
Article 10 – Liability and insurance
We shall not be liable for any direct or indirect damage for which We have not expressly determined Our liability in these T&C.
With regard to services of external suppliers (such as the provider of the online training platform, How To Fascinate®,…), We do not accept any liability that goes beyond or is different from the liability that the external suppliers are prepared to accept for their products or services.
We shall never be liable for any damage resulting from non-compliance with the agreement by the Customer, nor for defects caused directly or indirectly by an act of the Customer or of a third party, regardless of whether these are caused by an error or negligence.
We shall never be liable for any indirect and/or consequential loss or damage such as loss of turnover or profit, increase in operational costs, loss of clientele by the Customer or third parties in relation to the Customer.
If Our liability is retained, the Company is only obliged to replace the Service, and, if this is not possible, to refund the price. In any event, Our total liability will always be limited to direct damages, will never exceed the price paid by the Customer to Us for the Services that directly gave rise to the claim, and will never exceed the amount of Our insurance policy and will stay within the limits of this insurance coverage.
Article 11 – Privacy and data protection
Article 12 - Miscellaneous
These T&C, together with any special conditions form the entire agreement between the Customer and Us with regard to the subject matter contained herein.
If one or more provisions of these T&C should at any time be wholly or partially unlawful, void or for any other reason unenforceable, this clause shall be deemed severable from these T&C and shall not affect the validity and enforceability of the remaining provisions.
Article 13 – Applicable law and competent court
Belgian law shall apply to all disputes relating to or arising from Our Services, offers and/or agreements.
The parties agree to attempt in good faith and without delay to resolve any disputes or claims arising out of or in connection with these T&C or offer as quickly as possible through negotiation between them. If no resolution is reached within thirty (30) days of the plaintiff notifying the other party of the dispute, either party may bring the matter before the courts of the judicial district where Our registered offices are located, which shall have exclusive jurisdiction.