General Terms and Conditions
Here are the definitions of the terms and explanations used in the General Conditions of Sale (GCS):
- Magellan-Transition: the name Magellan-Transition is used for one of the following two entities:
Magellan-Transition SRL – Avenue du Globe 47, box 26 at B-1190 Brussels (Belgium) – Florence VAN LOON – [email protected]
Magellan-Transition SAS – 18 rue de la Martinière at F-44300 NANTES (France) – Anne de Solages – [email protected]
- Client: means the person who signs the contract with Magellan-Transition, as mentioned in the Quote;
- Contract: refers to the set of documents including these General Conditions, the attached Quote, as well as any amendments concluded between the Parties on the same subject. This can be concluded remotely or face-to-face;
- Quote: designates the written contractual document, attached to these General Conditions, and which details the Service as well as the remuneration due to Magellan-Transition by the Client;
- Participants: means the name(s) of the person(s) who will benefit from the Services provided by Magellan-Transition;
- Services: refers to individual or collective coaching sessions, training, group workshops, either face-to-face or remotely, as described in the Quote.
The purpose of the Contract is to regulate, in accordance with the stipulations of the General Conditions and the Quote, the conditions for the performance of the Services as well as the remuneration of Magellan-Transition.
- After discussing and exploring the Clients needs, Magellan-Transition establishes a detailed Quote. The period of validity of this Quote is one (1) month from the date of its transmission to the Client by Magellan-Transition by electronic means;
- If the Client accepts the Services as described by the Quote, Magellan-Transition will send a Contract, based on the Quote, and said Contract must be signed by a representative of the Client duly authorized for the purpose of entering into the Contract, before the end of the validity of the Quote. This signature can be done by hand or electronically.
The Contract is a fixed term Contract. It will come into force from the date of signature of the Quote by the Client and will end at the end of the performance of the Services.
REMUNERATION AND INVOICING TERMS
The total amount owed by the Client to Magellan-Transition in return for the performance of the Services will be paid by the Client in accordance with the payment schedule provided for in the Quote:
- Magellan-Transition will invoice the Client electronically (by email);
- Invoices will be paid 30 days from the invoice date;
- The prices of the Services, as described by the Quote, do not include VAT;
- The various Invoices will be issued according to the terms described in the Quote. As a general rule, 50% of the total price payable before the start of the Services, 30% halfway (as per the date referenced in the Quote) and the remaining 20% at the end of the Services.
- Travel, accommodation and catering costs of Magellan-Transition trainers/coaches will be re-invoiced, identically, to the Client by Magellan-Transition, unless otherwise stipulated in the Quote. Upon request, Magellan-Transition will provide all the corresponding supporting documents to the Client.
The dates, times and locations where the Services will be carried out are detailed in the Quote.
The Client agrees to respect the procedure in place for any cancellations of the Services.
If the Client decided to cancel the Services, the Client undertakes to respect the following cancellation rules:
- For individual or group coaching
The Client/Participant/Team may cancel and postpone the agreed date for an individual or collective coaching session if the cancellation request is made by email at least 48 hours before the scheduled start time of the session concerned, except in cases of emergency. This implies that any session canceled less than 48 hours before the start time of the scheduled session will be a due Service and will be Invoiced in full by Magellan-Transition to its Client. In the event that the Magellan-Transition coach should cancel a session, they also undertake to notify the Client/Participant/Team at least 48 hours before the scheduled time, except in cases of emergency.
- For training courses
The organization of training requires preparation in advance and it is for this reason that Magellan-Transition applies the following schedule in terms of cancellation. These terms are also detailed in the Quote and Contract:
- In the event of cancellation before the 30th day before the start date of the Services, and sent by email to Magellan-Transition, an amount of 25% excluding VAT of the price due will be invoiced to the Client;
- In the event of cancellation between the 29th day (inclusive) and the 15th day (inclusive) before the start date of the Services, in the event of cancellation sent by the Client by email to Magellan-Transition, an amount of 50% excluding VAT of the price due will be invoiced to the Client;
- In the event of cancellation from the 14th day before the start date of the Services, the full price is due to Magellan-Transition as described in the Quote/Contract will be invoiced to the Client. Canceled sessions/seminars will be invoiced to the Client.
“Confidential Information” covers:
- all documents, information, elements, data, etc. provided by the Client under the Contract;
- the content of the Contract;
- session content.
Each Party undertakes to respect strict confidentiality concerning the Confidential Information of the other Party, which implies in particular that the Confidential Information:
- is used by the Parties only in the strict context of carrying out the Contract;
- are disclosed only to persons with a need to know. If Magellan-Transition works with other coaches, they will also be subject to this confidentiality clause;
- are protected and kept strictly confidential;
- are not copied, reproduced or duplicated, in whole or in part, other than what is strictly necessary for carrying out of the Contract.
The values of partnership and co-creation are essential values for Magellan-Transition in order to create a relationship of trust with our Clients. We therefore favor dialogue in the event of non-payment.
However, in the event of total or partial failure to pay an invoice on its due date, Magellan-Transition reserves the right, without notice or compensation to the Client, to suspend the Services of the Contract.
In any case, if, within seven (7) days following the sending of formal notice by registered letter with request for acknowledgment of receipt, the sums due to Magellan-Transition are still unpaid, Magellan-Transition reserves the right to terminate the Contract without formality, notice or compensation for the benefit of the Client. It is understood that all recovery costs to be incurred by Magellan-Transition are the responsibility of the Client.
LIABILITY LIMITATIONS OF MAGELLAN-TRANSITION
Magellan-Transition is subject, in the context of the provision of the Services and the performance of the Contract, to an obligation of means and not to an obligation of results. Magellan-Transition will not incur any liability for any immaterial and/or indirect damage (namely, and without this list being exhaustive, all loss of profits, customers, data, any financial, commercial prejudice, any immaterial prejudice, etc.) under the Contract.
PERSONAL DATA / GDPR
In order for Magellan-Transition to organize and perform the Services, the Client is required to transmit the following personal data of the Participants: e-mails, first and last names, telephone numbers (hereinafter the “Personal Data”). Magellan-Transition will use the Personal Data provided by the Client exclusively for the purpose of being able to organize and perform its Services for the benefit of the Client/Participants in accordance with the Contract. Magellan-Transition also undertakes to respect the confidentiality of this Personal Data.
As part of these Services, Magellan-Transition may call on subcontractors (being trainers, coaches, consultants, etc.) for the performance of the Services. Magellan-Transition undertakes to ask the said subcontractors to present guarantees identical to those taken by Magellan-Transition under this article.
As part of the International Coaching Federation (ICF) of which Magellan-transition coaches are certified, we are required to keep a register with the names, contact details and number of hours coached for each of our clients to justify, if needed, our activity.
In accordance with the ethics of the Coach, this register will only be used to present their candidacy as part of a process of recognition and certification by the ICF. If necessary, this professional association may contact each Client to verify the accuracy of the data. No other use will be made of this register.
The personal data collected on the Magellan-Transition site (www.magellan-transition.com) are as follows: the person’s first and last name and their email address. Magellan-Transition will keep this data in order to be able to communicate information to people about upcoming training courses and on the activities of Magellan-Transition. Under no circumstances will Magellan-Transition communicate the data collected by the site to a third party. Anyone who no longer wishes to be part of this database can inform Magellan-Transition by email at [email protected]. Magellan-Transition undertakes to delete this data no later than 30 days after obtaining this request.
The legal basis for this data collection is article 6.1-f (legitimate interest) of the European regulation known as the “general data protection regulation” (GDPR), as well as recitals 47, 48 and 49 of this regulation. The customer is informed of their right to access and rectify their data present in this register.
INTELLECTUAL PROPERTY AND KNOW-HOW
The content of the www.magellan-transition.com site belongs to Magellan-Transition and is protected by Belgian, French and international laws relating to intellectual property.
It is understood that all the intellectual property rights relating to Magellan-Transition’s know-how (educational devices, exercises, practical cases, techniques and methodology for providing the Services, etc.) and to the Services/training materials (“Media”), if applicable, given to the Client/Participants remain the entire and exclusive property of Magellan-Transition, unless Magellan-Transition and the Client have decided otherwise and this is included in the Contract.
The Client guarantees to take out an insurance contract allowing Participants to attend individual or collective Coaching Services and workshops and covering all the risks inherent in this type of Service and in particular in the event of damage of any type whatsoever caused to the Participants and/or the persons performing the Services.
COMMUNICATION BY MAGELLAN-TRANSITION
Magellan-Transition may mention the Client (by using its name and/or its brand/logo), may evoking the business relationship between Magellan-Transition and the Client, as well as of generally describing the services provided on behalf of the Client, and this in its promotional/commercial documents intended for clients and/or prospects, on its website and on social networks, as well as during public interventions/presentations.
APPLICABLE LAW – ATTRIBUTION OF JURISDICTION
In the event of disputes or disagreements, Magellan-Transition and the Client undertake to first initiate a constructive and honest discussion in order to find a joint solution that may be suitable for both parties.
If, for any reason, such a discussion is not possible, Magellan-Transition and the Client undertake to call upon an approved mediator and to work with them in order to find a solution. Both parties agree to follow at least 2 sessions with this mediator.
If the two parties are still unable to find a constructive solution, the dispute must be brought before the competent courts. For Magellan-Transition SRL the court will be in BRUSSELS and for Magellan-Transition (France) the court will be in NANTES.