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These General Terms and Conditions of Service define the terms under which Study Experience, a limited liability company with a share capital of €18,600, having its registered office at 143 Avenue Louise, 1050 Brussels, and registered with the Crossroads Bank for Enterprises under identification number 0641.880.375 (the "Provider"), provides its clients, upon request by any means, with various services, including support in their applications to foreign higher education institutions. Any order for services implies acceptance of these General Terms and Conditions of Service by the Client. 

PRELIMINARY ARTICLE – DEFINITIONS – RULES OF INTERPRETATION

0.1.      Definitions

Terms and expressions beginning with a capital letter, when used in this Agreement, have the following meanings:

                “Client” has the meaning attributed to it in the Quote;

               "Contract" has the meaning given to it in article 1.1;

                “Quote” has the meaning given to it in article 1.1; 

               “Document(s)” has the meaning given to it in Article 8;

               “Institution(s)” means the higher education institution(s) for which the Client wishes to apply and the Provider to offer its support under the Contract;

            “Partner Establishment(s)” has the meaning given to it in article 3.3.1;

              “Non-Partner Establishment(s)” has the meaning given to it in article 3.3.2;

               "Offer(s)" means the Service(s) offered by the Provider and grouped together as global offers as shown in Appendix A; 

              “Party(ies)” refers to the Client and the Service Provider;

              “Provider” has the meaning attributed to it in the preliminary statement;

             “Service(s)” has the meaning given to it in Article 1.1; and

                “Third Party” means any natural or legal person or any other entity that is not a Party to this Agreement.

0.2. Rules of interpretation

The rules set forth below apply to the interpretation of this Contract:

  • The headings of the articles and appendices are included for convenience and do not in any way affect the interpretation of any of the stipulations of this Contract;
  • The use of the expressions "including", "in particular", or "notably" implies that the list that follows them is not limiting or exhaustive;
  • the term "or" is not exclusive;
  • The definition given to a singular term also applies to that term when used in the plural and vice versa. The same applies to the use of masculine or feminine gender;
  • The calculation of time limits expressed in days, months or years must be carried out in accordance with the provisions of Articles 52 to 55 of the Judicial Code 
  • any reference to a Party includes a reference to its heirs, successors and assigns; and
  • Any reference to a document shall be understood to mean that document as it may be amended or replaced (other than in violation of the provisions of this Agreement).

ARTICLE 1 – CONTRACTUAL DOCUMENTS – DECLARATIONS AND WARRANTIES

1.1. Contractual documents

The contractual documents are:

  • the quote prepared by the Provider (the "Quote") relating to the performance of various services (the "Service(s)");
  • these General Terms and Conditions of Service. 
  • the membership form.

All of the aforementioned documents together form the contract uniting the Parties (the "Contract").

In the event of a contradiction between one or more stipulations contained in one of the aforementioned documents, the higher-level document shall prevail.

1.2. Representations and warranties

The Client further declares and warrants to the Service Provider the following:

  • that the conclusion of the Contract does not constitute a violation (i) of any contractual obligation or of any law or regulation which may be applicable to it, (ii) of a court decision, of an arbitral tribunal (which would have been served or notified to it prior to the date hereof) or (iii) of a decision of an administrative, judicial or regulatory authority (which would have been served or notified to it prior to the date hereof);
  • that the purpose, content, and nature of the Services requested from the Provider are not likely to be detrimental to public order or morality, to provoke protests from third parties, or to contravene applicable legal provisions; and
  • that the conclusion of the Contract constitutes a valid and enforceable obligation on its behalf. If the Client is a minor, the unconditional acceptance of the Contract by their legal representative will be required.

If any event were to have direct or indirect consequences on the aforementioned declarations and guarantees, the Client undertakes to inform the Provider without delay by any means, this information being to be confirmed by the Client by registered letter with acknowledgment of receipt addressed to the Provider.

ARTICLE 2 – SUBSCRIPTION

2.1. Subscription terms

The Contract is only formed after the Client signs the Quote, which must include, in particular:

  • the definition and description of the Services to be performed, including the Offer subscribed to by the Client;
  • the start date of the Services;
  • the financial conditions (price, currency, payment terms); and
  • the billing address.

2.2. Changes to services

Any modifications to the Services requested by the Client will only be considered, within the limits of the Provider's capabilities, if they are notified by email followed by a registered letter with acknowledgment of receipt, within a maximum of seven (7) calendar days from the date of signature of the Quote, after the Client has signed a specific quote and any price adjustments have been made. After this period, no modification requests will be accepted from the Provider. 

The Customer nevertheless has the possibility to modify, at any time, the subscribed Offer only if it is a matter of moving to an Offer superior to the Offer initially subscribed to and subject to strictly respecting the financial conditions thereof.

The Client accepts without reservation the possibility for the Provider to change, at any time and without notice, the person or technical service provider intended to provide the Services notwithstanding the indication of a specific person in the Quote. 

ARTICLE 3 – PURPOSE OF SERVICES

3.1. Support

Regardless of the offer subscribed to, the service provider ensures a support mission relating to the choice of the establishment(s) to which the client wishes to apply.

The purpose of the support provided to the Service Provider is:

– providing the Client with information on how to register at the Establishments; and

– the optimization of its registration files.

The purpose of this support is not to advise the Client on their academic and/or career path. Consequently, the Client must make their own choices regarding their chosen field of study; they freely determine the institution(s) to which they intend to apply.

Any information provided by the Service Provider regarding living, housing, and/or financial conditions in the country where the Establishments are located is not contractual and does not constitute a binding commitment on the part of the Service Provider. The Client is advised to consider this information as purely indicative. 

The Client is solely responsible for ensuring compliance with all legal requirements imposed by the national laws of the countries where the Establishments are located. All visa applications and other related matters must be submitted directly by the Client to the relevant authorities. The Service Provider does not assist the Client with these procedures.

3.2. Translation

3.2.1. Terms and Conditions

According to the stipulations of the Quote, the Provider provides a translation service carried out by translators, subcontractors of the Provider. 

The Client is informed that by submitting documents to the Service Provider for translation, these documents will be shared with any third party, including subcontractors of the Service Provider. Consequently, the Client authorizes the Service Provider to carry out this sharing for the purposes of the Contract in accordance with Article 9.

The Service Provider only translates the following documents: the Client's transcripts and diplomas, or any other document requested by an Institution for registration purposes only, and only after express acceptance by the Service Provider. The Service Provider does not, however, translate identity documents (passport, identity card, etc.), driver's licenses, or any other form of identification. Documents submitted by the Client for translation must be authentic and not falsified. The Service Provider accepts no liability in such cases.

3.2.2. Effectiveness

The Service Provider does not guarantee that the translation will meet the Institution's requirements. It is the Client's responsibility to ensure that the translation certification provided by the Service Provider is accepted by the Institution for which the translations are being performed and that the Institution does not impose any other specific requirements. 

If the translation does not meet the requirements of the institution in question, the Client is liable to:

– at the risk of outright rejection of their application by the Institution; or

– to the need to request a new translation, which he alone will have to undertake.

The Service Provider cannot be held responsible for the aforementioned consequences. The Client alone assumes responsibility for their decision to use the Service Provider's translation services.

3.3. Submission of the application 

3.3.1. Partner Establishment

The Provider has established partnerships with Institutions in order to facilitate support for the Client in the registration procedures (the "Partner Institution(s)"). 

The Client is informed that these Partner Institutions remunerate the Service Provider when the Client submits an application. The Client may not claim a share of said remuneration paid by the Partner Institutions from the Service Provider, nor may the Service Provider be held liable, on any grounds whatsoever, for the remuneration related to these partnerships. The Service Provider strives, in all circumstances, to ensure the same quality of service regardless of the existence of partnerships, with the exception of the transmission of applications, which is reserved solely for the Partner Institutions.

When the Client applies to a Partner Institution, the Service Provider handles the transmission of their application file to said Institution. To this end, the Service Provider provides the Client with a list of documents to be included in the application file. 

The Client is required to provide the Service Provider with all information requested by the latter. This information must be accurate, up-to-date, and submitted in the format requested by the Service Provider and within the deadlines specified by the Service Provider. The Service Provider is not obligated to remind the Client of deadlines or to follow up on the submission of documents, and the Client cannot hold the Service Provider liable for any delays. 

The transmission of the Client's registration file by the Provider to a Partner Institution does not in any way guarantee the acceptance of the Client's registration by the Institution concerned. 

3.3.2. Non-Partner Establishment

When the Client applies to an Institution that has not entered into a partnership with the Provider (the "Non-Partner Institution(s)"), the Provider does not take care of transmitting their registration file to that Institution. 

The Client is hereby informed that the submission of applications to the Institutions is subject to strict deadlines. If these deadlines are exceeded, the applications may not be reviewed by the Institutions concerned, and the Client may not hold the Service Provider liable.

The Client must therefore take all necessary precautions to comply with the requirements set by the Institutions. The Service Provider is not obligated to remind the Client of deadlines or to follow up on the submission of registration documents, and it does not guarantee the Client's registration will be accepted by the Institution in question.

ARTICLE 4 – CUSTOMER COMMUNICATION

The Client undertakes, for the entire duration of the Contract, to provide the Provider, upon simple request from the latter, with all the data and information necessary for the proper performance of the Services. 

The Client further undertakes to promptly notify the Provider of any significant event or information that may affect the Services. Consequently, the Client specifically undertakes to inform the Provider as soon as possible of any changes and any information received from the Institutions (partners or otherwise). The Provider shall under no circumstances be liable for the consequences of the Client's failure to notify the Provider of such information.

The Client is required to provide the Service Provider with a valid email address. Any message sent by the Service Provider to this email address will be deemed to have been received and read by the Client. The Client agrees to check their email regularly and to respond to requests from the Service Provider as soon as possible. 

ARTICLE 5 – TERMS AND CONDITIONS FOR THE PERFORMANCE OF SERVICES

5.1. Timeframes for the execution of services

The services will be provided within the timeframes and on the dates indicated in the quote. The timeframes and dates indicated in the quote are indicative and not binding. 

The Provider shall not be liable in any event, among other things, for any delay or suspension of the provision of Services attributable in whole or in part to the Client, or in the event of force majeure.

5.2. Place of Performance of Services

Unless expressly stipulated in the Quote, the Service Provider is not obligated to travel to perform the Services. Should a meeting with the Client be necessary for the performance of the Services, it will take place at a location designated by the Service Provider. The Client must travel to this location at their own expense and under their sole responsibility.

ARTICLE 6 – FINANCIAL CONDITIONS 

6.1. Prices

The services are provided at the rates indicated in the quote. Rates are inclusive of all taxes.

6.2. Payment terms

Unless otherwise stipulated in the Quote, the price is payable in full, in a single payment, within thirty (30) calendar days from the invoice date, which is issued upon signature of the Quote. No discount will be granted by the Provider for payment before the date indicated on the invoice or within a shorter period than that mentioned in the Quote.

6.3. Payment Incident

Without prejudice to any potential damages, the Client's failure to pay any sum by its due date shall automatically result in:

  • the application of a late payment interest equal to five (5)% of the amount excluding tax concerned by the payment incident, per calendar day of delay, without prior notice and from the first day of delay, plus additional bank and management fees;

And

  • the immediate enforceability of all sums owed to the Provider by the Client, without prejudice to any other action that the Provider may be entitled to take against the Client in this respect.

In the event of non-compliance with the payment conditions set out above, the Provider also reserves the right to suspend or cancel the provision of Services ordered by the Client, to reduce and/or cancel any discounts granted to the latter or to refuse any future order for new Services by the Client.

6.3. Lack of compensation

Unless expressly agreed in advance and in writing by the Provider, and provided that the reciprocal claims and debts are certain, liquid and due, no set-off may be validly made by the Client between any penalties for delay in the provision of the Services ordered or non-conformity, on the one hand, and the sums owed by the Client to the Provider under the order of said Services, on the other hand.

ARTICLE 7 – RESPONSIBILITIES

7.1. Purpose of the Services

The Service Provider is not bound by an obligation of result in the performance of the Services. Consequently, the Service Provider cannot guarantee to the Client, in particular, the effectiveness of its advice, the Client's admission, success, and/or adaptation to the chosen Institutions. The Service Provider's working methods are freely determined by the Service Provider and are not subject to any challenge whatsoever by the Client or any Third Party. Furthermore, the Service Provider cannot guarantee the completeness and effectiveness of its advice and recommendations. Therefore, the Client shall bear full responsibility for the direct or indirect consequences of applying the Service Provider's advice and recommendations that are not directly related to the Services, without being able to seek any recourse against the Service Provider on any grounds whatsoever.  

7.2. Information and data provided

The Client undertakes that the information and data communicated will not be likely to infringe public order or morality, provoke protests from third parties, or contravene applicable legal provisions.

Consequently, it is expressly agreed that in the event that the Provider is implicated, in any capacity whatsoever, in any country whatsoever, by a Third Party on the basis of, in particular, an industrial and/or intellectual property right relating to an element provided by the Client, the Client undertakes to fully indemnify the Provider against the direct and/or indirect economic and financial consequences (including the costs of proceedings and defense) that would arise from these claims.

The Provider shall not be held responsible in any way for the corruption, inaccuracy, partial or total falsity of the information provided by the Client in the context of the performance of the Services.

The Client is responsible for ensuring that information and data are sent to the Service Provider and may not hold the latter liable for any reason whatsoever for the non-receipt or loss of transmitted data. The Client is therefore responsible for maintaining a backup of the transmitted data.

7.3. General Provisions

The Service Provider shall not be liable for any delay or failure to perform this Contract due to force majeure, as defined by Article 5.226 of the Belgian Civil Code and the case law of Belgian courts. Under no circumstances shall the Service Provider be liable for any indirect or unforeseeable losses or damages suffered by the Client or any Third Party, including, but not limited to, any lost profits, commercial losses, loss of revenue or profit, loss of customers, or loss of opportunity, regardless of the cause or basis of the claim.

ARTICLE 8 – INTELLECTUAL PROPERTY

The Provider retains ownership of all intellectual and industrial property rights relating to all documents, including but not limited to studies, drawings, models, and presentation materials (the "Document(s)"), communicated by any means and/or produced in whole or in part by the Provider, including when such production is carried out at the Client's request and in accordance with its guidelines and instructions. The Client is therefore prohibited from reproducing or using said Documents without the Provider's express, prior written authorization, which may be subject to a financial consideration.

ARTICLE 9 – PERSONAL DATA

In accordance with the provisions of the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, the Client has the right to access, modify, rectify, and delete their personal data. To exercise this right, the Client simply needs to contact the Service Provider at the following address: 143, Avenue Louise, 1050 Brussels, or by email at: [email protected]. The Client's request will be processed within thirty (30) days. The Client's personal data collected by the Service Provider throughout the performance of the Services is used solely for the purposes of performing the Services and may be disclosed to any Third Party as required by the Contract, such as potential subcontractors or Institutions.

The Client's data will also be used to enhance and personalize communication with them, particularly through newsletters to which they may have subscribed. The Client may request to be unsubscribed from any newsletter at any time. 

The Service Provider stores the Client's personal data on its own servers and undertakes to maintain the strict confidentiality of this data, which will be kept for a period of two (2) years from the expiry of this contract for any reason whatsoever. Thereafter, it will only be kept as an archive for the purpose of establishing proof of a right or contract, and may be archived in accordance with the provisions of the Commercial Code relating to the retention period for books and documents created in the course of business activities.

If you are concerned about how your data is being processed, you can contact Study Experience or the Privacy Commission: Rue de la Presse 35, 1000 Brussels, Tel.: 02/274 48 00 or [email protected].

ARTICLE 10 – DURATION – TERMINATION 

10.1. Duration

The Contract is concluded for the entire duration of the Services, it being specified that the Services will only be performed during the application periods specified in the Quote. Consequently, in the event of the Client abandoning or postponing their project, the Service Provider shall not be obligated to provide any refund whatsoever or to perform the Services.

10.2. Wrongful Termination

In the event of a breach by either Party of its contractual obligations, the Contract may be terminated automatically by the other Party fifteen (15) days after sending a formal notice by registered letter with acknowledgment of receipt, which remains unanswered. The formal notice shall specify the breach(es) identified. 

ARTICLE 11 – MISCELLANEOUS PROVISIONS

 11.1. Divisibility

If any provision of the Contract is found to be invalid or unenforceable for any reason by a court of competent jurisdiction, the validity of the remaining provisions of the Contract shall not be affected or impaired in any way, and the Parties shall negotiate in good faith to replace the invalid provision with a provision having the same economic effects as the original provision.

11.2. Subcontracting

The Parties agree that the Provider may, in the context of the performance of the Contract, use any subcontractor of its choice and without prior notice to the Client.

11.3. Convention on Evidence

Computer systems and files are considered authoritative in the relationship between the Provider and the Client. 

Thus, the Provider may validly produce, in the context of any procedure, for the purposes of proof, the data, files, programs, records or other elements, received, issued or stored by means of the computer systems operated by the Provider, on all digital or analog media, and rely on them unless there is a manifest error. 

11.4. Non-exclusivity

The Contract is in no way exclusive and does not prevent the Provider from entering into other contracts or agreements with other natural persons, including any direct or indirect competitor of the Client, for services similar to those provided for in this Contract and under conditions that it will be free to determine.

ARTICLE 12 – APPLICABLE LAW – LANGUAGE

By express agreement between the Parties, this Contract shall be governed by Belgian law. These terms and conditions are written in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.

ARTICLE 13 – CUSTOMER ACCEPTANCE

These General Terms of Service and the Quote are expressly agreed to and accepted by the Client, who declares and acknowledges having full knowledge thereof, and therefore waives the right to rely on any contradictory document and, in particular, its own general terms of purchase, which shall not be enforceable against the Provider, even if the latter had been aware of them.

ARTICLE 14 – DISPUTE

Any dispute arising from the interpretation, performance, non-performance, or consequences of the Contract shall, in the event that the dispute is brought before the civil courts, be submitted to the jurisdiction of the French-speaking courts of Brussels.

Article 15 – Miscellaneous

For any information, questions or requests for assistance, the Client is invited to contact STUDY EXPERIENCE at the following contact details:

STUDY EXPERIENCE

143 Avenue Louise, box 4,
1050 Brussels – Belgium

Study Experience advisors are British Council certifiedThe website etudionsaletranger.fr is a valuable source of information on studying abroad