Legal notices & Conditions

1. The contractual relationship between Impactivs and the Customer is solely managed by the agreement. In case of contradictions, the following order of priority will apply: (1) the contract; (2) service specific Terms & Conditions, (3) privacy policy, (4) General Terms and Conditions. Except if parties have agreed in written (paper or digital) otherwise.
2. The Customer will provide Impactivs the information that Impactivs deems necessary in order to fulfill its contractual agreement with the Customer. In particular, the email address of the Customer will be mandatory in this agreement. The Customer is solely responsible for providing the correct information.
3. Impactivs holds the right to refuse to provide services to the Customer without being liable for any compensation.
4. Amendments or additions to the Agreement shall be valid only with Impactivs’ express written consent.
5. Impactivs’ failure to exercise any of its rights, or any portion thereof, as provided in the Agreement shall never be deemed a waiver of the exercise of such right or portion thereof.
6. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be interpreted in a sense as close as possible to the economic meaning and purpose of this provision.

• Impactivs offers a multitude of services focused on providing a personalized guidance for Entrepreneurs. It beholds a combination of:
  • online training courses (pre-registered and/or live);
  • mentoring & coaching sessions as well as long term programs;
  • online accessible toolkits and templates;
  • seminars
• As used herein, the expression “Services” refers to the above services of Impactivs unless specified differently.

• The duration of the Agreement is specified in the service-specific conditions or the application form. The Agreement is concluded on the day of acceptance of the application registered by Impactivs and enters into force on the day of activation of the Service by the Customer.
• To this end, the Customer will receive a confirmation document that will state at least his name and email-address and the services that are the subject of the Agreement.
• The Customer may terminate an Agreement in writing at any time, irrespective of whether it is a definite or indefinite Agreement. If the Customer terminates his Agreement, however, penalties and/or a cancellation fee may apply as specified in the Product or Service specific Conditions. Impactivs will send the Customer a confirmation of the cancellation with the exact termination date. In the absence of an end date given by the Customer, the Agreement will be terminated on the basis of 30 days’ notice.
• Cancellations must always be made in writing (e-mail) and addressed to Impactivs to hello@impactivs.com. The notice of cancellation must always precede the (early) termination date.
• After the cancellation has been processed, and when the service is actually deactivated, Impactivs will issue a final invoice, possibly taking into account the administrative costs incurred for the early cancellation, as well as any variable costs incurred during the last period.

• The prices specified in the rates or in other contractual documents are exclusive of VAT, unless otherwise stated.
• The Customer may, on the application form, choose the method of payment by which he will pay the sums due to Impactivs by bank transfer.
• Invoicing
  • Invoicing takes place on the basis of an electronic invoice which the Customer receives by e- mail. Impactivs is focused on sustainability and will thus not provide a paper invoice.
  • Customers with a VAT number can indicate on the request form that they wish to receive an invoice. European VAT rules will be applied for customers outside Belgium.
    Statements and invoices (if they have a VAT number) contain a summary of the items charged. If the Customer wants detailed information, he can contact order@impactivs.com.
• All amounts are payable within 15 days of the date of the invoice, unless otherwise specified on the invoice or in the service-specific conditions.
• The payment shall be free of any set-off, without this provision constituting a breach of Article VI.83.16 of the WER.
• In the event of non-payment of an amount on the due date, Impactivs shall send a reminder to the Customer. The first reminder is free of charge. Subsequent reminders shall give rise to the charging of an administrative fee of €7.5 for the second reminder and €10 for the third reminder.
  Any unpaid and undisputed bill or invoice on its due date will be increased, ipso jure and without prior notice of default, by the statutory interest on the amount owed, calculated on a daily basis, as from the due date until full receipt of all amounts owed. If Impactivs entrusts the collection of the debt to a third party, a flat-rate compensation of 15% of the total amount due, with a minimum of €60, will be charged, in addition to the recourse to the Customer of all bailiff’s and judicial costs incurred as a result of the non-payment or late payment.
• In the event that a Customer who uses his connection for non-professional purposes has a claim against Impactivs, the Customer shall be entitled to that same amount if Impactivs fails to give the order for repayment following the Customer’s justified demand for repayment.
• Charges or invoices are validly sent by Impactivs to the Customer by e-mail. In the absence of any dispute sent by email to Impactivs (order@impactivs.com) within thirty (30) calendar days of the date of the invoice, the Customer irrevocably and unconditionally accepts the invoice and the amount concerned is deemed to be correct. The Customer undertakes to inform Impactivs immediately of any change of address (and/or change of bank, where a direct debit is applicable).
• In the event of any dispute concerning the quantities used in calculating the price, the data, measurement methods and calculation methods used by Impactivs shall constitute conclusive evidence, until proved otherwise by the Customer.

• Although Impactivs makes every effort to provide a good service, Impactivs does not give any guarantee regarding the functioning of the Service. In general, Impactivs may only be held liable in the event of intent or gross negligence (in particular, a breach of its essential obligations) on the part of Impactivs, its employees or its mandated Experts.
• Without prejudice to the provisions of the following paragraphs, Impactivs may be held liable towards the Customer only in respect of failures to provide the Service. In general, Impactivs is not responsible for the use of the Service, nor for its billing when offered by third parties and accessible via its network, nor for the content of information transmitted by the Customer via the Service to third parties and vice versa, the misuse or fraudulent use of the Service by the Customer or a third party.
• Impactivs shall not be liable for any delay or failure in the performance of its services where such is due to facts or circumstances beyond its control, which it could not foresee or avoid, including, but not limited to, war, riot, civil commotion, acts of civil or military authorities, embargoes, explosions, social conflicts (including conflicts involving its employees), pandemic, flood, prolonged frost, fire, thunderstorm or acts of third parties.
• Under no circumstances can Impactivs , including its employees and mandated Experts, agents, subcontractors and suppliers, be held liable for, amongst others:
  • the choice, use and results obtained by the Customer in connection with the Service;
  • the length of time between the request for the Service and its actual delivery, rejection of the request for the Service;
  • costs, fees or damages caused by the Customer’s failure to perform his obligations under the Agreement;
  • a breach by the Customer of any statutory provisions;
• Under no circumstances may Impactivs be held liable for any indirect or consequential loss, such as direct or indirect loss of turnover, profits, redundant or technically unemployed staff or for any commission, even if Impactivs has been informed of the possibility of such loss occurring.
• The Customer shall indemnify Impactivs against all costs, fees, damages, claims, expenses and proceedings arising from claims by third parties in connection with the Customer’s actions.
• In all cases where Impactivs is liable to the Customer under the Agreement (see clause above), Impactivs’ total liability shall be limited to the lesser of
  • EUR 2,500 or
  • fifty percent (50%) of all payments made by the Customer to Impactivs under the Agreement in a period of twelve (12) months preceding the damage event giving rise to Impactivs ‘s liability.

• Neither Party can be held liable for any damage whatsoever suffered by a Party if the other Party fails to perform its obligations under the Agreement, with the exception of obligations to pay a sum of money, as a result of a situation of force majeure.
• Force majeure includes unforeseen circumstances of such a nature that the performance of the Agreement becomes impossible or so burdensome and/or disproportionately expensive that prompt compliance with the Agreement cannot reasonably be required of the other Party. Therefore, the following shall be considered as force majeure, without this list being exhaustive: strikes, factory blockades, epidemics, pandemics, breach of contract or shortage of stock by Impactivs’ suppliers, natural disasters and legal or administrative restrictions.

Impactivs reserves the right to require the Customer to provide a security deposit, which may not exceed 50% of the value of the Agreement. The value of the Agreement is understood to be: the total amount which, under the Agreement, is or would be payable by the Customer to Impactivs for a consecutive period of 12 months and this in normal performance of the Agreement. This security will be repaid to the Customer, increased by the legal interest at the end of the Agreement.

• Neither Party may assign its rights and obligations under the Agreement, in whole or in part, to any third party except with the express prior written consent of the other Party. Such consent may not be unreasonably withheld and shall not be required in the case of a transfer to an affiliated company or in the event of amalgamation or reorganisation of the transferring Party.
• Scarlet reserves the right to entrust subcontractors (mostly called Experts) with the performance of all or part of the Contract without derogating from its contractual obligations to the Customer.

• Impactivs grants the Customer a personal, non-transferable and non-exclusive licence to use, for the duration of the Agreement, any software, templates, toolkits supplied by Impactivs and the associated documentation relating to the Service. Impactivs and its licensors, if any, shall at all times retain all rights, copyright, proprietary rights, whether intellectual, industrial or otherwise, and interests in and to the software supplied, documentation and media on which the software and documentation is made available, including all intellectual and industrial property rights relating thereto.
• The Customer shall not be permitted to copy the software, tools, templates and accompanying (user) documentation other than for normal use and normal back-up purposes. When making back-up copies, the Customer shall leave intact all signs that determine ownership and origin.
• The Customer shall not make any changes or additions to the software and documentation or have them made, nor distribute the whole or any part of the software and documentation to third parties in any form whatsoever unless agreed upon explicitly by Impactivs head quarters. An independent contract of Impactivs cannot provide a consent for the above.
• By using this software, the Customer accepts the specific conditions of the licenses relating to it.

• Any dispute relating to the execution or interpretation of the Agreement must be lodged by the Customer, on pain of inadmissibility, within a period of two (2) years from the occurrence of the underlying cause of the dispute.
• The Agreement is subject to Belgian law. Any dispute relating to the interpretation or application of the Contract shall fall under the exclusive jurisdiction of the ordinary Belgian courts.
• The Customer acknowledges that e-mail and chat communications between him and Impactivs have the legal force of written proof.