General Terms and Conditions
DEFINITIONS
APPLICABILITY OF GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all quotations, offers, services and invoices from Freedompreneur OU, as well as to all agreements concluded between Freedompreneur OU and its Customer. Deviations from these General Terms and Conditions are only enforceable against Freedompreneur OU subject to express, prior and written acceptance by Freedompreneur OU.
In the event of any conflict between these General Terms and Conditions and any separate written agreement, the provisions of the separate written agreement will apply.
If a Customer places an order, this means that he fully and unreservedly agrees to these General Terms and Conditions, which implies that the Customer completely waives the application of its own general terms and conditions.
REALIZATION OF THE AGREEMENT
LIABILITY
DATA PROTECTION
General Terms and Conditions: these general sales conditions of Freedompreneur OU.
Course Material: all educational materials, in any form, provided by Freedompreneur OU as part of the Services, including workbooks, assignments, manuals, instructional videos, and masterclasses.
Services: all services provided by Freedompreneur OU.
Freedompreneur OU: a company according to Estonian law, with its registered office at Sepapaja Tn 6, 15551 Tallinn, Estonia, and with company number EE101950619, reachable via lien@thebigexit.co.
Client: any natural person or legal entity that pursues an economic goal in a sustainable manner, as well as its associations, but in no case natural persons acting for purposes that fall outside their trade, business, craft, or professional activity.
Agreement: the agreement (remote) that is concluded between Freedompreneur OU and the Client within the framework of the (remote) sale of the Services and the related Products.
Platforms: the learning platform on which the Course Material is offered by Freedompreneur OU and other possible platforms on which Freedompreneur OU relies.
Products: all products, including but not limited to the Course Material, that are offered by Freedompreneur OU within the framework of the Services.
Website: the website of Freedompreneur OU https://www.thebigexit.co.
All quotations and offers from Freedompreneur OU are without obligation and as such do not bind it. They may not be regarded as an offer, but only as an invitation to place an order by the Customer. The agreement is only concluded if and insofar as Freedompreneur OU accepts an order from the Customer in writing.
The Agreement between Freedompreneur OU and its Customer does not create an exclusive relationship under any circumstances.
CUSTOMER INFORMATION
The Customer undertakes to provide all relevant data, data and information to Freedompreneur OU. The Customer guarantees the accuracy, completeness and reliability of this data, even if it is verifiable.
DELIVERY TIMES
Delivery times for the provision of the Services and related Products in the context of the execution of the Agreement are stated purely as an indication. Any delay in delivery cannot give rise to compensation or termination of the Agreement.
PRICE AND PAYMENT
The Customer will be charged for the Services and Products at the prices stated on the Website. Unless expressly agreed otherwise, the prices stated on the Website are exclusive of VAT and any other taxes, levies and/or levies. These costs are always borne by the Customer.
The Services and Products are payable in advance via one of the following payment options: credit card or PayPal. The invoice will be issued immediately after payment has been received. The Customer undertakes to provide Freedompreneur OU with the correct billing information at the time of ordering.
In the event of non-payment of an invoice on the due date or in the event of a 'failed payment' by the Customer:
(i) all other claims on the Customer that have not yet expired become due and payable by operation of law and without prior notice of default;
(ii) Freedompreneur OU has the right, without prior notice of default, to suspend its obligations to the Customer in whole or in part and thus deny the Customer access to the Platforms;
(iii) Freedompreneur OU has the right to refuse all future orders without prior notice; and
(iv) the invoice amount will be increased by operation of law and without notice of default being required, by a lump sum compensation clause of 10% with a minimum of 100 euros, without prejudice to the right of Freedompreneur OU to claim higher damages provided that proof of higher actual damages has been suffered damage, and late payment interest as provided for in the law of 2 August 2002 on combating late payment in commercial transactions.
INTELLECTUAL OWNERSHIP
Freedompreneur OU and/or its licensors are and will remain the sole and exclusive owner of the Course Material and of all related intellectual property rights (i.e. all registered and unregistered intellectual property rights and other related rights, including but not limited to copyright and neighboring rights, moral rights, trademarks, trade names, design rights, database rights, trade secrets, and all other similar or equivalent rights that exist or may exist now or in the future in all parts of the world – hereinafter “Intellectual Property Rights”). The Customer will respect the Intellectual Property Rights in their entirety and unconditionally.
Freedompreneur OU grants the Customer a non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license for the duration of the Agreement to use the Course Materials for his/her personal purposes in accordance with these Terms and Conditions. The Customer is therefore entitled to download the workbooks for personal use. However, the Customer is not permitted to copy these workbooks. Nor is the Customer permitted to download the lesson videos or to make a recording or copy of them. The license granted by Freedompreneur OU shall include all future updates made available to Customer from time to time.
Nothing in these Terms and Conditions shall be construed as granting any license or right to make any commercial use of the Course Materials without the prior written consent of Freedompreneur OU.
Freedompreneur OU reserves the exclusive right to correct errors in the Course Materials.
FREE WITHDRAWAL
The Customer has the right to revoke the Agreement within a period of seven (7) calendar days free of charge and without giving reasons. This period starts from the day the Customer gains access to the Platforms. The Customer can exercise this right of withdrawal by sending an email to lien@thebigexit.co. If the Customer validly revokes the Agreement, Freedompreneur OU will refund the payment received from the Customer to the Customer within a maximum of thirty (30) calendar days after Freedompreneur was informed of the revocation.
TERM AND TERMINATION
The Agreement between Freedompreneur OU is entered into for a fixed term of one (1) quarter or one (1) year as chosen by the Customer when placing the order (the “Initial Term”), commencing on the date of payment by the Customer . Upon expiration of the Initial Term, the Agreement will be automatically and tacitly extended for a new term equal to the Initial Term (the “Extended Term”). However, each Party may notify the other Party at the latest [one (1) working day] before the expiry of the Initial Term or the Extended Term that it does not wish to renew the Agreement. The Customer can do this via lien@thebigexit.co.
TERMINATION OF THE AGREEMENT
FORCE MAJEUR
Freedompreneur OU has the right to terminate the Agreement with the Customer at any time, with immediate effect, without judicial authorization, without prior notice of default and without payment of any compensation, in the following cases:
(i) if the Customer, despite written notice of default in which a period of at least seven (7) calendar days is observed, fails to pay an invoice;
(ii) if the Customer violates one or more provisions of these General Terms and Conditions;
(iii) in the event of cessation of payment or (the application for) bankruptcy by the Customer;
(iv) in the event of liquidation or cessation of Customer's operations; or
(v) if (part of) the assets of the Customer are seized.
In the event of dissolution, Freedompreneur OU reserves the right to claim compensation for the costs, interest and damage suffered by Freedompreneur OU and all claims of Freedompreneur OU on the Customer become immediately due and payable.
Freedompreneur OU makes every effort to ensure that the information made available via the Course Material is complete, correct, accurate and up-to-date. However, Freedompreneur OU cannot be held liable for direct or indirect damage that may arise as a result of the use of the Course Material.
Freedompreneur OU does not guarantee the proper functioning of the Platforms, and cannot be held liable in any way for their poor functioning or temporary unavailability or for any form of direct or indirect damage that may result from access to or use of the Platforms. the Platforms.
Except in the case of fraud, intentional error or gross negligence, Freedompreneur OU is not liable for or obliged to pay compensation for immaterial, indirect or consequential damage, including (but not limited to) loss of profit, loss of turnover, loss of income, production limitations, administration or personnel costs, an increase in general costs, loss of clientele or claims from third parties.
To the extent that Freedompreneur OU is dependent on the cooperation, services and deliveries of third parties in the performance of its obligations, it is not liable for any damage resulting from their error, including their serious or intentional error.
The contractual and extra-contractual liability of Freedompreneur OU is at all times limited to the invoice amount.
Freedompreneur OU is not responsible for any late delivery of Services or related Products in the event of force majeure.
Force majeure means: any unforeseen event that is beyond the reasonable control of Freedompreneur OU or any foreseeable event the consequences of which cannot reasonably be avoided, which prevents, delays or materially aggravates the performance of the Agreement in whole or in part. This includes, but is not limited to: accidents, natural circumstances, strikes, terrorist attacks, epidemics and pandemics, government measures, hacking, delays by subcontractors, errors or delays attributable to third parties, sudden illness, network, internet or telecom disruptions.
Freedompreneur OU's contractual obligations are suspended until the event of force majeure ceases to exist. If the event of force majeure continues for more than three (3) months, Freedompreneur OU and the Customer are entitled to terminate the Agreement without compensation.
MISCELLANEOUS
CHANGE OF GENERAL CONDITIONS
In the context of the execution of the Agreement, Freedompreneur OU may collect and process personal data of the Customer or its employees or appointees. The personal data provided by the Customer will be processed in accordance with the Freedompreneur OU Privacy Policy, which can be consulted here.
Indivisibility. The Customer cannot transfer the rights and obligations arising from the Agreement and/or these General Terms and Conditions, in whole or in part, to third parties, without the prior written consent of Freedompreneur OU. Any transfer or assignment of its rights or obligations, absent the consent of Freedompreneur OU, shall be deemed unwritten.
No waiver. Freedompreneur OU's failure or delay in exercising its rights under the Agreement or these Terms and Conditions shall not constitute a waiver (whether express or implied, in whole or in part) nor shall it prevent the further exercise of such rights. Any waiver of a right by Freedompreneur OU must be made expressly and in writing.
Separability. The provisions of the Agreement and/or these General Terms and Conditions will always be interpreted in a manner that does not affect their validity or enforceability. If one or more provisions are void, unenforceable or unenforceable, this will not affect the validity, enforceability and enforceability of the other provisions. In the event of a declaration of nullity of a clause, the parties will negotiate a valid replacement clause that is as close as possible to the result intended by the nullified clause.
APPLICABLE LAW AND JURISDICTION
All quotations, offers, invoices and agreements to which these General Terms and Conditions apply are governed exclusively by Belgian law.
All disputes arising from this belong exclusively to the jurisdiction of the courts of the judicial district of Ghent, Ghent department.
Freedompreneur OU reserves the right to change the Terms and Conditions to reflect changes in applicable law. The applicable updated version of the General Terms and Conditions is always available on the Website.
Last update: [February 13, 2024]