TERMS & CONDITIONS

1. Scope and definitions

The Client shall be deemed to be the person who validly represents a legal entity or his own company and signs his agreement to the order, quotation or service contract issued by AXEDA SRL, registered under the VAT 1000321606, 1 rue du fwar pachis, 5330 Sart-Bernard, Belgium.

https://www.gxp-training.com is a website provided by AXEDA SRL.

Where applicable, these general terms and conditions of sale shall be supplemented by the specific terms and conditions agreed between the parties. In the event of discrepancies or contradictions between the general conditions and the special conditions, the latter shall prevail over these conditions.

Unless proven otherwise, the Client acknowledges having received and read a copy of these general conditions of sale.

Should any of the provisions of these conditions be declared inapplicable or invalid for any reason, such invalidity or inapplicability shall not affect the application or validity of the other provisions of the general conditions.

The fact that AXEDA does not enforce these terms and conditions of sale at any given time shall not be construed as a waiver of AXEDA’ right to later rely on these Terms and Conditions.

2. Offer, order, service contract

The Order and the Service Contract irrevocably express the Client’s agreement.

The order, the service contract specify at least and bindingly the service (details and purpose of the services, practical implementation modalities, payment terms, completion time, etc.).

The prices indicated in AXEDA’ quotations shall remain valid for a period of thirty (30) days from the date of the quotation, unless otherwise agreed.

AXEDA shall not be bound by a service proposal until it receives the Client’s consent fully indicated on the service proposal.

Acceptance of the service quotation, implemented by the Client’s signature, is binding as a contract.

Any cancelation, modification of the order or of the service contract by the Client must be communicated by registered letter to the AXEDA head office or by e-mail with acknowledgement of receipt and reading to the following address: contact@gxp-training.com.

3. E-Learning services

GxP Training provides the Client with Online Courses about Pharmacovigilance.

GxP Training guarantees that the software that accompanies the client on his educational or learning journey is innovative, secure, ergonomic, “mobile learning” and at the same time complies with the legal requirements of the digital age.

GxP Training provides web maintenance of the software and technical support, as well as manual updates.

The Client can also request specific developments on his portal.

5. AXEDA obligations

AXEDA shall perform the promised work as well as all other services agreed in the contract. Depending on the case, AXEDA may be subject to an obligation to produce results. If the contract concerns IT services or the development of e-learning tools, AXEDA shall have an obligation to deliver.

If AXEDA advises the Client on the selection of his computer equipment, it shall also be obliged to supervise the smooth technical installation of this equipment.

AXEDA undertakes to maintain professional secrecy and to safeguard information.

Finally, if AXEDA is commissioned to design an online training program, it shall ensure that this meets the needs of the Client at the time of its commissioning and also the legal obligations foreseen or foreseeable for its lifetime.

6.  Client obligations

The Client undertakes to pay AXEDA the agreed price for its services. He shall also enable AXEDA to provide its services in an appropriate manner and provide it with the necessary information and/or access.

The Client shall also have a duty to receive. This duty consists of acknowledging receipt of the delivered and personalised product and giving AXEDA the go-ahead after checking that the delivered item complies with the agreement.

By agreeing to these Terms and Conditions, the Client grants AXEDA a non-exclusive, royalty-free, worldwide license to use the Client’s trademarks, trade names, logos, and other brand identifiers (“Client Marks”) on GxP-Training.com website, brochures, case studies, promotional materials, and in other communication materials produced by or on behalf of AXEDA, for the purpose of marketing and promoting services used by the Client.

7. Pricing and payment options

The price includes supplies and/or services delivered in France, Belgium and the entire European Union, including travel expenses, accommodation and VAT.

Payments are made by credit card via the Stripe solutions.

Failure to pay an invoice by the due date shall result, by operation of law and without prior notice, in the immediate payment by the Client of the amount due, regardless of any payment facilities previously granted.

In the event of non-payment by the due date, AXEDA reserves the right to suspend current services without notice or compensation and subject to all rights.

8. Duration, renewal and termination of the contract

Upon the expiration of the Initial Term of 1 year, this Agreement shall automatically renew for successive 1 year periods (each a “Renewal Term”), unless either party provides written notice of its intent not to renew at least 30 days prior to the end of the Initial Term or the then-current Renewal Term.

AXEDA reserves the right to adjust the fees for the Services upon renewal. Any such adjustments shall be communicated to the Client in writing at least 30 days prior to the commencement of the applicable Renewal Term. The Client’s continued use of the Services after such notice will constitute acceptance of the adjusted fees.

Either party may terminate this Agreement at the end of the Initial Term or any Renewal Term by providing written notice to the other party at least 30 days prior to the end of such term.

9. Late payment – penalty clause

Any amount not paid on the due date will be automatically increased, without prior notice, by conventional late payment interest at the rate of 12% per annum from the due date of the invoice until payment in full.

Any amount not paid on the due date shall automatically and without prior notice give rise to a fixed penalty amounting to a total of 15% of the principal sum, interest and costs, with a minimum of 100 euros, without prejudice to the possible costs of justice.

10. Unilateral termination of the contract – penalty clause

In the event of unilateral termination of the sale by the Client, except in the cases provided for in these General Terms and Conditions of Sale in Articles 7 and 8, the Client shall be liable to AXEDA as compensation for the withdrawal for an amount equal to 20% of the total amount of the order.

11. Guarantees and liability

AXEDA undertakes to exercise all due care in carrying out the tasks entrusted to it by the customer. In particular, AXEDA undertakes to work only with qualified and designated personnel. AXEDA shall carry out its activities in accordance with the rules of the art and in compliance with professional secrecy.

AXEDA has a resource obligation with regard to its e-learning platform and a result obligation if AXEDA undertakes to deliver a specific result to the Client.

In all cases, AXEDA shall only be liable for negligence, foresight, care or incapacity duly established (substantial and decisive fault) or if the promised result has not been achieved.

By operation of law and without formality, AXEDA shall be discharged from liability if an event occurs that does not allow the normal continuation of the services and causes a delay, or more generally a case of force majeure. “Force majeure” is understood to mean any unforeseeable event or irresistible or external circumstances, these three criteria applying alternatively.

The same applies to omissions or inaccuracies resulting from incorrect information provided by the customer or a third party.

AXEDA shall not be liable for any immaterial damage such as loss of production, loss of operations, loss of data, financial or commercial loss or any other that would be the direct or indirect consequence of the damage caused by the failure of the AXEDA services.

AXEDA provides free aftercare by phone or email throughout the duration of the services and for a period of 6 months after their end.

12. Intellectual property

The creations (computer supports, methods, tools, know-how, analyses, logos, software, documentation, etc.) of AXEDA shall be protected by intellectual property law and shall remain the full property of AXEDA, unless expressly agreed otherwise.

These creations may only be used by the customer within the framework of the bilateral agreements, unless expressly authorised otherwise.

The Client shall not reproduce, directly or indirectly, in whole or in part, adapt or modify, market or distribute to members of its staff or to third parties the computer media, writings or other resources made available without the prior written consent of AXEDA.

AXEDA declares that it is the owner of the intellectual property rights relating to the products and services marketed and made available to the Client or that it has obtained from the third party owner a right to use them on a regular basis.

With regard to the specific developments ordered by the Client, AXEDA may use their contents (lessons) to carry out specific developments for third parties.

13. Confidentiality and protection of personal data

AXEDA undertakes to respect professional secrecy and to show dignity, probity and delicacy in the context of the assignments entrusted to it.

All personal data collected in connection with the provision of the services referred to in these general conditions will be processed in accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and, in particular, the General Data Protection Regulation (Regulation 2016/679, the “GDPR”).

If you would like to read AXEDA Privacy Policy Charter, click here

This data will only be kept for specific actions related to the tasks entrusted to AXEDA and will never be disclosed to third parties for marketing purposes.

The Client has the option to:

– oppose, upon request and free of charge, the processing of his personal data for direct marketing purposes;

– access, free of charge, the data concerning him/her kept by the Service Provider and request the rectification of incomplete, inaccurate or irrelevant data;

– oppose, for serious and legitimate reasons, the processing of the data retained;

– request the deletion of the personal data provided.

Any request in this regard must be sent by e-mail to the following e-mail address:
privacy@gxp-training.com

AXEDA may disclose personal data to third parties at the request of any authority legally empowered to request it. AXEDA may also disclose it if such disclosure is necessary in good faith to comply with laws and regulations, to protect or defend its rights or property.

13. CPD and CEU Accreditation

The Client acknowledges that while the majority of courses offered through the Provider’s learning platform are accredited for Continuing Professional Development (CPD) and Continuing Education Units (CEU), the Provider cannot guarantee the accreditation status of every course. Accreditation requirements and standards may vary by profession, region, and accrediting body, and these may change over time.

It is the Client’s responsibility to verify and ensure that each course meets the specific CPD or CEU accreditation criteria applicable to their professional or regulatory requirements prior to enrolling in or completing a course. The Provider will not be held liable for any courses that do not satisfy the CPD or CEU requirements of the Client’s profession or jurisdiction.

The Provider endeavors to provide accurate and up-to-date information regarding accreditation status; however, the Client is encouraged to regularly consult with their relevant accrediting bodies to confirm that the courses meet current standards and requirements for CPD or CEU credits.

14. Litigation

Complaints relating to the services ordered must be made within eight (8) working days (date as postmarked) depending on the execution and this by registered mail to the headquarters of AXEDA, under penalty of inadmissibility.

Complaints regarding invoices must also be submitted in writing to the head office of AXEDA within eight (8) days of receipt of the invoice (date of postmark shall be considered as proof), under penalty of inadmissibility.

15. Arbitration clause

The parties agree that any disagreement or dispute relating to these Terms and Conditions or arising from their interpretation or application shall be subject to mediation.

To this end, the parties agree to attend at least one mediation session by sending a person with decision-making authority.

The mediator shall be selected by the parties in the judicial district of their choice.

16. Competent court and applicable law

The purchase agreement and these general terms and conditions are governed by Belgian law.

Any dispute relating to the establishment, execution or interpretation of these general terms and conditions of sale which cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of the judicial district of Brabant Wallon.

AXEDA SRL

1 rue du fwar pachis

5330 Sart-Bernard

Belgium

 
 

© GxP Training by Axeda, 2021, All Rights reserved

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