TERMS AND CONDITIONS OF SALE
The purpose of these general terms and conditions is to define the conditions under which S.M.A.T Training services are provided.
1 – General Provisions
1.1 Unless otherwise stipulated, all offers, interventions, and services provided by S.M.A.T Training are subject to these general terms and conditions. These terms are deemed accepted by the client upon placing an order, without any restriction or reservation (contract signature, email agreement, etc.). The client waives the right to rely on any contradictory document, including their own general and/or specific terms and conditions, even if these stipulate that they apply exclusively. Any deviation from these general terms and conditions must be previously and expressly approved in writing by S.M.A.T Training.
1.2 These general terms and conditions particularly specify the conditions of ordering, payment, and delivery. They can be consulted at any time by clicking on the "Terms and Conditions" link on the homepage of the smattraining.com website. Thus, any order placed by a client with S.M.A.T Training implies the client's final and irrevocable agreement to all the terms and conditions presented herein.
2 – Offers and Quotes
2.1 The offers from S.M.A.T Training are made without any obligation on their part. They only bind S.M.A.T Training once they have been expressly accepted by the client and after written confirmation of the client’s order by S.M.A.T Training, either by postal or electronic means. Unless otherwise stipulated, S.M.A.T Training's offers or quotes are valid for 15 days from their issuance. After this period, the client must request a new offer from S.M.A.T Training. When an offer or quote is issued by S.M.A.T Training, the specific conditions of these documents modify or supplement these general terms and conditions.
2.2. In the absence of any contractual document, it is expressly agreed between the client and S.M.A.T Training that the emails exchanged between the parties may establish a commercial relationship and thus constitute regular proof of the existence of an order and its acceptance.
2.3 A minimum deposit of 50% is required upon ordering without any justification, with the balance payable according to the terms specified below.
2.4 The client may only cancel their order prematurely by paying a cancellation fee equal to 50% at the time of the order, or 80% if the cancellation occurs 3 weeks before the start of execution. If the execution has started and the client did not show up, the full amount is due. Depending on the situations, a credit note of 50% or the total amount will be granted to the client.
2.5 Any modifications to the order in progress, as well as any changes in the use or dissemination of the delivered creations or materials, may lead to a revision of the initially agreed price, without prejudice to S.M.A.T Training's right to oppose modifications that infringe upon its intellectual property rights.
2.6 S.M.A.T Training reserves the right to postpone any training that has not reached the minimum number of 5 registrations, without the client being able to withdraw.
3 – Delivery – Deadlines
3.1 "Delivery" is considered perfect on the day of the first presentation to the client.
3.2 Delivery deadlines are given for information only and only start from the date S.M.A.T Training receives all necessary elements for the order's execution. S.M.A.T Training's deadlines are automatically extended by any event beyond its control that makes the execution of its services impossible or difficult, including technical, logistical, or IT problems. These accidental delays do not entitle the client to cancel their order or to claim any compensation from S.M.A.T Training.
4 – Prices and Billing
S.M.A.T Training's prices are those in effect on the day the quote is sent to the client. Unless otherwise stipulated, S.M.A.T Training's prices are expressed in euros and include VAT (if applicable). If the services materialize in the form of electronic files, the invoiced price includes network transmission costs. If other shipping methods are chosen by the client, the additional costs will be charged to them. Costs related to hosting or maintenance services assumed at the client's request by S.M.A.T Training, whether directly or indirectly, are payable in advance.
5. – Services and Order Fulfillment
5.1 S.M.A.T Training offers basic or complementary services, including but not limited to: – TCCC, CLS MIRA, TECC, ECPO, SECURITY GUARDING, HEAT, RAUT, LEADERSHIP, CBRN training courses – Protection of property/persons – Sale of equipment – Medical assistance in hostile environments...
5.2 Any work will be scheduled upon receipt by S.M.A.T Training of: – the express acceptance of the Quote or Offer issued by S.M.A.T Training at the client’s request – and the payment of the deposit or full amount required by S.M.A.T Training in accordance with article 2.3 above.
5.3 S.M.A.T Training reserves the right to refuse any services and work that are manifestly contrary to good morals, racist and/or illegal in nature. The services ordered from S.M.A.T Training by the client are under their sole responsibility. If the client has to abandon their project for any reason, not attributable to S.M.A.T Training's fault, they can only disengage from the contract by paying the cancellation fee provided for in article 2.4 above.
5.4 Unless otherwise agreed for services, if the contract provides for the delivery of physical supports, the additional costs related thereto will be charged to the client.
6. – Guarantee
The client guarantees S.M.A.T Training that the elements they provide are certified accurate for the execution of their orders/training and can be freely used, without any restriction, for these purposes, and exonerates S.M.A.T Training from any liability in this regard. They will particularly indemnify S.M.A.T Training against any third-party claims asserting rights to said elements. The client will also hold S.M.A.T Training harmless from any damage.
7. – Payment Terms
7.1 Unless otherwise stipulated (training), all our invoices are payable on the date of issuance (in euros). Payment is made by transfer to S.M.A.T Training's account mentioned on the invoice. Any bank and exchange charges incurred by S.M.A.T Training will be re-invoiced to the client.
7.2. Any invoice is deemed accepted in the absence of specific dispute communicated to S.M.A.T Training by registered mail within 8 days of receipt of the invoice. After this period, the client's claims can no longer be taken into consideration by S.M.A.T Training.
7.3 In case of non-payment on the due date, the amounts due to S.M.A.T Training will be, automatically and without prior notice, increased by a monthly interest rate of three percent (3%) from the due date, with any started month considered fully elapsed, as well as a non-reducible conventional and fixed indemnity equal to 15% of the unpaid amount, with a minimum of €95. In case of default or delay in payment, S.M.A.T Training also reserves the right to suspend any delivery or service to the client, whether related or not to the unpaid orders, until full payment of all amounts due, including penalties and late payment interest.
8 – Complaints
Any complaint must be reported in writing to S.M.A.T Training and duly substantiated by the client. No complaint is admissible if it has not been sent to S.M.A.T Training within 8 days after the invoice is signed or received, by registered mail. (ceo@smattraining.com)
9 – Responsibilities
9.1 The proofreading of the offers announced by S.M.A.T Training in accordance with the order form is the responsibility of the client, who therefore assumes full responsibility. No compensation can be claimed from S.M.A.T Training in this respect.
9.2 S.M.A.T Training is only responsible for the work, studies, creations, or projects it has executed itself.
10. – Confidentiality Clause
S.M.A.T Training undertakes not to disclose any confidential information provided by the client. The client undertakes not to disclose any confidential information provided by S.M.A.T Training, about S.M.A.T Training or its "TEAM".
11. – Insolvency
Default in payment on the due date, protest, any notice of seizure, any request for judicial reorganization, a suspension of payment, even if not official, the opening of bankruptcy proceedings or any other fact indicating the client's insolvency results in the forfeiture of the term granted for payment, makes all not yet due invoices immediately payable, for any work whatsoever, and gives S.M.A.T Training the right to terminate the current contract(s) without notice or compensation.
12. – Applicable Law – Disputes
Irish law is applicable. In case of a dispute between the parties, the courts of the judicial district of Dublin have sole jurisdiction.
S.M.A.T. TRAINING LTD (Company number 631518)
Ardee Business Park, Hale Street, Ardee, Co.Louth.
A92C7RW TEL/WHATSAPP +352 691 131 433 +352 691 117 625. office@smattraining.com www.smattraining.com
Bank of Ireland (BOI) IBAN: IE51BOFI90316229431189 BIC/SWIFT: BOFIIE2
Revolut Bank UAB IBAN: IE13 REVO 9903 6013 3480 90 BIC: REVOIE23 Intermediary BIC: CHASDEFX