Terms and conditions

Effective Date: December 15, 2023
Effective for: All users of MentorinQ services
Company Name: POYOLYS BV/SRL, trading as MentorinQ
Registered Office: Avenue Jean et Pierre Carsoel 134, 1180 Brussels, Belgium
Company Number: BE0695.635.597
Website: www.mentorinq.com
Webmaster: nelly@mentorinq.com

1. General Scope

These Terms and Conditions govern the use of all services provided by POYOLYS BV/SRL, trading as MentorinQ, with registered office at Avenue Jean et Pierre Carsoel 134, 1180 Brussels, Belgium (Company No. BE0695.635.597) (hereinafter referred to as "MentorinQ", "we", or "us"). By engaging with our services or accessing our website (www.mentorinq.com), you ("Customer" or "User") agree to these Terms and Conditions in full. If you do not agree to these Terms, please do not use the website or its services.

2. Scope of Services

MentorinQ provides knowledge transfer services such as training, mentoring, coaching, and experience sharing. These may be delivered physically or digitally, orally or in writing. The specific scope and nature of services are defined in relevant service documentation or order confirmations, which prevails in case of contradiction. These Terms apply to all offers, services, and transactions made through this website.

3. Performance Commitment

MentorinQ undertakes a best-efforts obligation (obligation of means) and does not guarantee specific outcomes. The application of knowledge transferred is solely the Customer’s responsibility. MentorinQ disclaims liability for how such knowledge is applied or the consequences thereof.

4. Intellectual Property

Where appropriate, the service consists inter alia of the provision of performances or works to which MentoringQ holds intellectual property rights, including copyright in accordance with Article 165 et seq. of Book XI of the Code of  Economic Law.

In that case, the Customer only acquires a non-exclusive one-time licence to use the performances or works made available by MentorinQ in writing, orally, digitally or physically, which in no way can extend to the right to reproduce, adapt or (commercially) distribute, divulge or exploit these performances or works or to share them with third parties not associated with the Customer as listed on the order form.

The non-exclusive licence to use is limited to internal use within the organisation of the Customer, as expressly agreed in the order form, the purpose of which must be limited to educational knowledge transfer and is temporary for the duration as previously indicated by MentorinQ in the order form.

The fee for this right of use is included in the overall price for the services. Any further use will have to be the subject of a new agreement with a new payment of a fee. Nothing in this agreement can be interpreted as a transfer or waiver of these intellectual property rights by MentorinQ. MentorinQ does not waive the right to be mentioned as the author or rights holder or to have the actual author mentioned.

Where appropriate, the Customer shall take all useful and technical security measures (digital or physical) to ensure that the performances or works are only accessible to the persons for whom the information is intended for the period and timing as agreed in the order form.

The Customer shall not share these intellectual property rights in any medium whatsoever with persons not named in the order form and shall keep all acquired information strictly confidential. The Customer guarantees on behalf of these persons to MentorinQ the same respect for the intellectual property rights and the limitations agreed in these General Terms and Conditions.

Any infringement of this article shall as of right result in MentorinQ being liable for damages of EUR 5.000,00/infringement, to be increased by EUR 500,00 per day that the infringement continues and without prejudice to MentorinQ's right to obtain full compensation in the event of higher damage.

5. Payment Terms

Invoices are payable within 30 days of the invoice date unless otherwise agreed. Late payments incur in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions:

  • 10% annual interest (or the legally applicable rate)

  • 10% late fee of the invoice amount (minimum €125)

All recovery costs are borne by the Customer.

6. Delivery and Timing

Every order accepted by MentorinQ shall be prepared and executed in accordance with a timing agreed between the parties. However, any timing and deadlines indicated by MentorinQ are provided by way of information only and are in no way binding on MentorinQ. Delay in the delivery of the services shall therefore not give a right to compensation or to dissolution of the agreement between the Parties. However, MentorinQ will inform the Customer in a timely manner if a timing would not be feasible and the Parties will in that case consult reasonably to agree on a new timing.

7. Complaints

Any complaints regarding services must be submitted in writing within 2 working days of the issue and must be expressly accepted by MentorinQ. In case of timely and justified complaints, MentorinQ reserves the right to an in-kind remedy by a new delivery of the same or an equivalent service without a right to payment of any compensation.

8. Termination

MentorinQ may terminate or suspend services in cases of:

  • Force majeure (e.g. strikes, pandemics)

  • Insolvency or legal reorganization

  • Customer default or substantial legal/factual changes

In such events, no refund or compensation is due. Any prepaid amounts are retained irrevocably by MentorinQ.

Both parties acknowledge that unforeseen circumstances may affect the cooperation, but the effect of Article 5.74 of the Civil Code is expressly excluded.

9. Confidentiality and Security

Users must ensure that materials provided are only accessible to authorized personnel. Sharing or disclosing content to third parties not listed in the original service agreement is forbidden. Customers guarantee their teams' compliance with these terms.

10. Privacy Policy

MentorinQ processes your data in accordance with the General Data Protection Regulation (EU 2016/679) of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and in accordance with its privacy policy. For details, please refer to our Privacy Policy.

11. Independance

The parties waive the right to invoke any error, in law or in fact, or forgetfulness regarding the existence and extent of their respective rights in relation to these general terms and conditions.  The nullity or unenforceability of any provision of these general terms and conditions shall in no way affect the validity and enforceability of the remaining provisions of these general terms and conditions. Should any provision be void or unenforceable, the parties shall negotiate in good faith regarding the provisions of these general terms and conditions in order to preserve the same economic balance between the rights and obligations of the parties to these Terms.

12. Legal Jurisdiction

These Terms are governed by Belgian law. Any disputes will be exclusively resolved in the Dutch-speaking courts of Brussels.

13. Severability

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions remain fully valid. The parties will replace any invalid clause with a valid alternative that closely matches its original intent.