Our general terms and conditions

Article 1. General provisions

These general terms and conditions apply to all services offered under the name SPARK, a trademark of ATOLO NV, with registered office at Tervurenlaan 36/18, 1040 Brussels, VAT number BE 0845.433.885, hereinafter referred to as "SPARK".

SPARK's services are exclusively governed by the general terms and conditions of ATOLO NV, which are also published on the website sparkthearc.com.

Without prejudice to the application of any special conditions included in a separate written agreement, these general terms and conditions apply to every offer, quotation, or agreement between SPARK and the client. In case of conflict between these general terms and conditions and any separate written agreement, the provisions of the separate written agreement shall prevail. The potential invalidity or unenforceability of any provision of these general terms and conditions shall not affect the validity and enforceability of the remaining provisions.

Unless otherwise agreed in writing, the legal relationship between the parties is governed by these general terms and conditions, which the client declares to have read and fully accepted.

Article 2. Course registration

Course registration is completed by signing the order form and returning it via email to your SPARK contact person. Changes to the signed order form (number of participants, hours and sessions, intake meetings and/or rescheduling, address, etc.) are only possible with the agreement of your SPARK contact person, who will prepare a new purchase order if necessary. Address and/or number of participants can only be modified until the day before the training starts. After this point, no changes are possible.

Article 3. Invoicing and payment

Article 3a. Invoicing

In-company training (training within a single company) is invoiced on the commencement date of the training for the full amount. Unless expressly stated otherwise, invoices must be paid within thirty (30) calendar days from the date of despatch.

Open training invoices (training where participants from multiple organisations attend together) must be paid before the training commences. Access to the training may be refused if this condition is not met.

If the addressee disagrees with the invoice, they must protest in writing by registered mail within fifteen (15) calendar days.

Article 3b. Payment

From the invoice due date, interest is automatically due without notice at the statutory interest rate. The invoice amount remaining unpaid after the due date will also be increased by 10% (minimum €350) as compensation for all extrajudicial costs, automatically and without prior notice.

SPARK cannot be held responsible for incomplete or incorrect invoicing information provided by the client and/or contractor. If the client and/or contractor requests correction of an issued invoice, an administrative fee of €150 will be charged.

Article 3c. Suspension for non-payment

If the client fails to pay ATOLO NV / SPARK invoices timely and in full, ATOLO NV / SPARK reserves the right to suspend its services until full payment is received, without owing any compensation.

Article 4. Rescheduling and cancellation

Article 4a. Client Cancellations

RESCHEDULING

Group Training: webinars, day training, multi-day programs

Training can only be rescheduled if the request is submitted at least 10 working days in advance. If the request is not made in time, the following rules apply:

• Less than 10 but more than 5 working days: 50% surcharge applies
• Less than 5 working days or during the training program: full cost is charged

Individual Coaching (including individual coaching sessions as part of group programs)

Rescheduling coaching sessions (1-3 hours/session) can be requested up to 48 hours before the session start time (or by Friday 12:00 PM if training/coaching is on Monday) and for no more than 25% of the total training duration. Otherwise, sessions are considered delivered and 100% of the agreed price is due.

FULL CYCLE CANCELLATION

For complete training/coaching cancellation, the following charges apply:

• Less than 3 weeks before start date: 50% of the amount
• Less than 10 working days before start date: 60% of the amount
• Less than 5 working days before start date: 100% of the full amount

All rescheduling and cancellation communications must be made in writing to: welcome@sparkthearc.com

Regardless of the cancellation period, preparation time for training/webinar or workshop is always proportionally charged based on time already invested.

Article 4b. Commercial flexibility for rescheduling

In certain cases, SPARK may, solely at its own initiative and without obligation, decide to apply more flexible rescheduling terms than provided in these conditions.

If such commercial flexibility is offered, it will be explicitly stated in the relevant quotation or agreement.

Such deviations are purely commercial in nature, cannot be enforced or considered as precedent, and do not modify the formal provisions of this document.

Article 4c. SPARK cancellations

SPARK cannot cancel an accepted assignment except in cases of trainer illness and/or force majeure. If the trainer is unable to provide the scheduled training, SPARK will immediately inform the client and make every effort to find an adequate solution: either by proposing a qualified replacement or suggesting an alternative date. However, the client always retains the right to choose a different trainer or a different date with the same trainer. In such cases, no compensation is due for lost income or external costs incurred by the client.

Limitation of liability for external costs

If the client chooses to book an external venue or incur external costs related to the training (such as venue rental, catering, accommodation, audiovisual equipment, etc.), this is entirely at the client's own responsibility and expense. ATOLO NV / SPARK has no control over these choices and cannot be held liable for any compensation or reimbursement of these costs, even in case of cancellation or force majeure (such as trainer illness). We recommend clients arrange flexible cancellation terms when choosing venues or suppliers.

Article 5. Limitation of liability

The contractual and non-contractual liability of ATOLO NV / SPARK is limited to the amount paid by the client for the relevant services. Under no circumstances is ATOLO NV / SPARK liable for indirect damage, consequential damage, or lost profits.

Article 6. Confidentiality and data protection

Both parties guarantee and declare that they will comply with all their respective obligations under the European General Data Protection Regulation 2016/679.

All information that one party provides to the other party, orally or in writing, regardless of its nature, will be considered confidential. The parties will treat the information as strictly confidential and use it exclusively within the framework of the training to optimize training impact.

This article remains in effect during the duration of the agreement and for a period of five (5) years after its termination.

Article 7. Force majeure

Neither party is liable or considered to be in default for late or non-performance of obligations as a direct or indirect result of force majeure. A party invoking such force majeure will notify the other party, stating the reason. They will make reasonable efforts to avoid or limit the impact of the force majeure and resulting damage.

Article 8. Applicable law

These general terms and conditions and the relationship between ATOLO NV / SPARK and the client are governed by Belgian law. All disputes related to the relationship between ATOLO and the client or these general terms and conditions will be exclusively decided by the territorially competent courts of ATOLO NV's registered office. However, the parties expressly declare that they will first make efforts to resolve any dispute amicably.

Article 9. Complaints procedure

Complaints regarding delivered services must be submitted in writing with justification via hello@sparkthearc.com within fifteen (15) calendar days after execution of the relevant service. After this period expires, the service is deemed accepted by the client.