General terms and conditions

General terms and conditions NCOI LEARNING, M&D SEMINARS and FISCAAL INFORMATIEF

1. The legal relationship between NCOI NV/SA, with registered office at Motstraat 30, 2800 Mechelen, CBE no. 0465.675.010 (hereinafter referred to as "NCOI") and the teacher is governed by these general terms and conditions, the invoices, guidelines, financial agreements, e-mails (hereinafter jointly referred to as "the Agreement"). Deviations from the Agreement shall only be possible with NCOI's prior written consent.  NCOI may amend the provisions of the Agreement.
    
2. NCOI needs support for the implementation and development of its activities. More specifically, it wishes to make use of the services of teachers to provide courses, workshops, training, coaching, e-learning, online training, etc. The parties expressly agree that no relationship of subordination shall be established between them. The teacher is responsible for complying with all obligations regarding social security, taxes, including VAT, with regard to payments and/or other compensations paid by NCOI.
    
3. The teacher's concrete tasks and commission will be determined in consultation with NCOI. The teacher will provide the requested information regarding the payment and return it signed to NCOI. Without this information, NCOI cannot pay the services provided.
    
4. The teacher can be deployed for Open Opleidingen (Open Courses), Incompany Opleidingen (Incompany Courses), and/or Online Opleidingen (Online Courses) (hereinafter referred to as "the Course").  Online Opleidingen can take the following forms: (i) webinars where the participants can follow the course live and/or watch the recording for a certain period of time; (ii) livestream workshop where the classroom training can be followed live online and/or watch the recording for a certain period of time. During the Online Opleidingen the teacher will give an explanation and questions will be answered during and after the explanation. At NCOI's request, the teacher will support his/her explanation by compiling appropriate course material. The teacher declares that the information he/she processes in the courses is factually correct and bears full responsibility for this.
    
5. The commission is assigned intuitu personae. The teacher is therefore not permitted (i) to transfer any or all rights and obligations arising from this Agreement to third parties and/or (ii) to contract third parties to carry out NCOI's commissions. The teacher will carry out the commission in accordance with the "state of the art" and the highest professional standards.
    
6. With regard to Online Opleidingen, the teacher agrees that NCOI holds the exploitation rights to the recording.  It concerns NCOI's right to publish, reproduce, multiply, communicate to the public, perform, show, synchronise, etc. regardless of the medium and regardless of the technique used (internet, cable, streaming, webcasting, etc.). NCOI shall always mention the teacher's name and capacity. NCOI is free to determine all economic, material and organisational provisions and circumstances in which the exploitation will take place. NCOI bears all exploitation costs and investments.
    
7. After the performance, the teacher will charge the agreed fee via a performance record or invoice with specification of the PO number he/she received from NCOI. Invoices must be made out to NCOI NV/SA, Motstraat 30, 2800 Mechelen, VAT no. 0456.675.010 with specification of the PO number, name and date of the course, invoice number, VAT no. /name / address of the teacher.
    
8. Within the context of the European privacy regulations (General Data Protection Regulation 2016/679 of 27 April 2016 or the "GDPR"), NCOI has developed a GDPR-compliant policy. As part of this, NCOI wishes to inform all its teachers and trainers about the aspects of NCOI's activities that are affected by this and compliance is expected. When NCOI provides certain information (surname, first name, position, current company - hereinafter referred to as "the Data") about the course participants to its teachers, this is done exclusively within the context of the planned course for which these participants signed up.  The teacher is only allowed to consult and use these Data in the context of the planned course. The Data will not be distributed further or transferred. After completion of the course or at NCOI's simple request, these Data will be deleted the teacher is not permitted to keep them or make any further use of them. Of course, this does not apply to personal data provided directly to the teacher by the participants themselves. More information about this can be found on https://opleidingen.ncoi.be/privacy/
    
9. The Agreement is entered into for an indefinite period of time and may be terminated unilaterally at any time by either party in writing, without notice or damages.  Termination of the Agreement shall not affect any rights definitively acquired by the Parties at the time of termination.  In particular, NCOI shall retain all transferred rights to continue to exploit the Work in the version in existence at the time of the termination of the Agreement in accordance with the provisions of this Agreement.
    
10. This Agreement is governed by Belgian law. Disputes concerning the creation, interpretation or implementation of this Agreement belong to the exclusive jurisdiction of the courts of Brussels. Any written notification in connection with the execution of this Agreement shall only be valid if sent to NCOI or to the teacher at the correspondence addresses known by both parties. Any change of address must be notified to the other party in writing. Amendments or additions to the Agreement are only binding to the extent that they are laid down in writing in an addendum to this Agreement signed by all parties. Neither the teacher nor NCOI can be held liable in the event of non-compliance with their obligations under this Agreement if this is due to force majeure.