1. Scope and definitions
These general conditions of sale are applicable to all orders placed by the Customer with DOKEOS and all sales contracts, including any incidental service provision. These general conditions of sale exclude, in the absence of written acceptance by DOKEOS, all the general and special conditions of purchase of the Customer. The Customer is defined as the person validly representing a legal person or his own business and signing his agreement on the purchase order, offer or service contract issued by DOKEOS. Where applicable, these general conditions of sale are supplemented by the special conditions specified between the parties. In case of discrepancies or inconsistencies between the general conditions and the special conditions, the latter prevail over these terms and conditions. Unless proved otherwise, the Customer acknowledges having received a copy of these general conditions of sale and having read it. If any of the provisions of these terms and conditions should be declared inapplicable or invalidated for any reason, this invalidity or inapplicability will not affect the application or validity of other provisions of the general terms and conditions. The fact that DOKEOS does not prevail, at a given time, these terms and conditions of sale can not be interpreted as waiving Dokeos right to avail itself later of said conditions.
2. Offer, order, service contract
The order and the service contract express the Client’s consent irrevocably. The purchase order, the service contract specify at least and firmly, the service (details and purpose of services, practical implementation procedures, payment terms, completion time, etc.). The rates indicated in the offers of DOKEOS remain valid for a period of thirty (30) days following the date of the estimate, unless otherwise stipulated.
DOKEOS is bound by a request for service only when it receives the agreement of the Customer indicated in full on the offer of services. The acceptance of the offer of service, translated by the signature of the Customer, is binding as a contract. Any cancellation, modification of order or service contract by the Customer must be notified by registered letter to the head office of the company DOKEOS or by email with acknowledgment of receipt and reading to the following address: email@example.com
3. Services in eLearning
DOKEOS offers a pedagogical support service for managers and their employees, in order to make them evolve in their daily practice. DOKEOS is a cloud-based learning platform with 8 products made available and operational right from the start of the 60-day free trial period, which is not open to Gmail, Yahoo and Hotmail webmail services. DOKEOS makes it easy to design customized training modules, integrate Customer training materials, import content, assess learners’ skills based on online or face-to-face evaluation questionnaires. DOKEOS offers the Client to listen and try to comply to the ,client’s specific requests, an adaptation of its products and services, a graphic personalization and scripting, as well as a reactivity both in terms of technical interventions and on assistance on the project.
4. Services in maintenance, hosting and technical support
DOKEOS provides an LMS (learning management system) to the Client. DOKEOS guarantees that the software that accompanies the Customer in his pedagogical or learning journey is innovative, secure, ergonomic, “mobile learning” while meeting the legal requirements of the digital age. DOKEOS provides web maintenance of the software and technical support as well as manual updates. The Customer may also require specific developments on his Portal.
5. Obligations of DOKEOS
DOKEOS must perform the promised work as well as all other services agreed in the contract. Depending on the case, DOKEOS can be held to an obligation of result. When the contract concerns IT services or the development of e-Learning tools, DOKEOS has a delivery obligation. When DOKEOS advises the Customer in the choice of its computer equipment, it is also required to monitor the smooth running of the technical installation of this equipment. DOKEOS undertakes to respect professional secrecy and to secure information. Finally, when DOKEOS is engaged to design an online training program, it must ensure that the latter, at the time of its assignment, meets the needs of the Client and also the legal obligations foreseen or foreseeable for its lifetime.
6. Obligations of the Customer
The Customer agrees to pay the agreed price to DOKEOS for its services. It must also allow DOKEOS to perform its services in a suitable manner and provide it with the necessary information and / or access. The Customer also has an obligation of reception. This duty is to acknowledge receipt of the product supplied and personalized and to give approval to DOKEOS after verifying that the item delivered is as agreed.
7. Prices and payment methods
The price refers to the supplies and / or services delivered in France, Belgium and throughout the European Union travel expenses, accommodation and VAT included. Unless otherwise agreed in writing, invoices are payable by electronic transfer to the account of DOKEOS
IBAN IBAN BE58-7785-9474-8279 BIC / Swift GKCCBEBB
The non-payment of an invoice at the due date entails, by right and without prior notice, the immediate payment of any amount due by the Customer, regardless of the terms of payment facility previously granted. In the absence of a payment when due, DOKEOS reserves the right to suspend current services without notice or compensation and subject to all rights.
8. Duration and end of the contract
Unless otherwise agreed in writing, the contracts issued are concluded for one-off services and end when the parties have fulfilled all their obligations. Each party may terminate the contract: – Immediately, without notice or compensation and without prior recourse to a jurisdiction in case of serious breach of these terms and conditions. A serious breach is the non-respect of the respective obligations of the parties, the lack of payment, professional misconduct, lack of foresight, negligence etc. – Immediately, without notice or compensation and without prior recourse to a court in case of force majeure that has impeded the performance of the contract for more than thirty (30) days.
9. Late payment – Criminal clause
Any amount unpaid on its due date will be increased, automatically and without prior notice, by conventional late payment interest of an annual amount of 12% from the due date of the invoice until full payment. Any amount unpaid on its due date will result in the debut of full rights and without prior notice, a lump sum compensation of a total of 15% of the sum in principal, interest and costs, with a minimum amount of 100 euros, without prejudice to the possible costs of justice.
10. Unilateral termination of contract – Criminal clause
In the event of unilateral termination of any sale by the Customer, except in the circumstances provided for in these general conditions of sale in Article 7 and 8, the latter shall be liable to DOKEOS, as compensation for the withdrawal, of a amount equal to 20% of the total amount of the order.
11. Guarantees and liability
DOKEOS undertakes to take all necessary care to carry out the tasks entrusted to it by the Customer.
DOKEOS is particularly obliged to work only with qualified and declared staff. DOKEOS carries out its activities in the rules of the art and respecting the professional secrecy.
DOKEOS is held to an obligation of means concerning its e-Learning platform and an obligation of result when DOKEOS undertakes to provide the Customer with a specific result.
In all cases, Dokeos liability may be incurred only for negligence, foresight, precaution or incompetence duly established (essential and decisive fault) or if the promised result has not been attained.
By right and without formality, DOKEOS liability will be released in case of an event that does not allow the normal continuation of its services, resulting in a delay, or more generally, a case of force majeure (act of God). It is understood by “force majeure” any unforeseeable event or irresistible or external, these three criteria being alternative. The same applies in the case of omissions or inaccuracies resulting from incorrect information transmitted by the Customer or by a third party. DOKEOS will not be held liable for any immaterial damages such as loss of production, operating loss, loss of data, financial or commercial loss or other that would be the direct or indirect consequence of the damage caused by the failure of DOKEOS services.
DOKEOS provides free follow-up assistance by phone or email throughout the duration of the benefits and for a period of 6 months after the end thereof.
12. Intellectual property
The creations (computer aids, methods, tools, know-how, analyzes, logos, software, documentation, etc.) of DOKEOS are protected by intellectual property legislation and remain its full and entire property, unless otherwise expressly opposite. These creations may only be used by the Client within the framework of agreements that have been concluded bilaterally unless expressly authorized otherwise. The Customer is prohibited from reproducing, directly or indirectly, in whole or in part, adapting or modifying, marketing or disseminating to the members of his staff or to third parties the computer, written or other resources put at without the prior written consent of DOKEOS. DOKEOS declares that it holds the intellectual property rights relating to the products and services marketed and made available to the Customer or that it has obtained from the third party owner a right of regular use of the latter. With regard to specific developments ordered by the Customer, DOKEOS may use their content (lessons) to carry out specific developments for third parties
13. Confidentiality and protection of personal data
DOKEOS undertakes, within the framework of the missions entrusted to it, to respect the professional secret and to show dignity, probity and delicacy.
All personal data collected in connection with the provision of services referred to in these general conditions is 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”).
These data are kept only for specific actions related to the tasks entrusted to DOKEOS and are in no case transmitted to third parties for marketing purposes. The Customer has the possibility:
– to oppose, on request and free of charge, the processing of his personal data for direct marketing purposes;
– to access, free of charge, the data concerning him / herself kept by the service provider and to obtain rectification of data that is incomplete, inaccurate or irrelevant. – to oppose, for serious and legitimate reasons, that the data kept are processed. – to require the deletion of the personal data transmitted.
Any request concerning the above must be sent in writing to the head office of the company
Rue Provinciale, 264 to 1301 Bierges,
or by email to the following email address: firstname.lastname@example.org
DOKEOS may disclose to third parties personal information upon request of any authority legally authorized to make the request. DOKEOS may also disclose them if such transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.
Disputes relating to the services ordered must be lodged within eight (8) working days (date of the postmark being taken as proof) according to the execution and this, by registered letter addressed to the head office of DOKEOS, under penalty of inadmissibility. Invoices relating to invoices must also be made in writing within eight (8) days from the date of receipt of the invoice (date of the postmark being taken as proof), at the headquarters of DOKEOS under penalty of inadmissibility.
15. Mediation clause
The parties agree that any disagreement or dispute relating to these terms and conditions or arising from their interpretation or application will be subject to mediation. To this end, the parties undertake to participate in at least one mediation meeting by delegating a person with decision-making power. The mediator will be chosen by the parties in the judicial district of their choice.
16. Court of competent jurisdiction and applicable law
The sales contract and these general terms and conditions are governed by Belgian law. Any dispute relating to the formation, execution, interpretation of these general conditions of sale which can not be resolved amicably, is subject to the exclusive jurisdiction of the courts of the judicial district of Walloon Brabant.
HEAD OFFICE: Rue Provinciale, 264, 1301 Bierges.
Telephone: +33 1 76 41 01 96