Terms and Conditions

This document has been drafted by Behavior Design S.R.L. (hereinafter referred to as the “Behavior Design Institute”, “BDI”, “we”, “us’, our”), a Romanian company registered at the Bucharest Trade Register Office with number J40/2574/2019, Tax ID number 40703743, with the address in Bucharest, Sos. Mihai Bravu, Nr.6, Bl.P23-P24, Sc.B, Et.8, Ap.59, Sector 2 and it governs the use of all the services (described below) we offer to you, either through our website located at www.behavi.org,  or any other means. By using our website, registering for our courses, or receiving any services from us you are agreeing to be bound by these Terms.

 

Please read these Terms carefully and don’t hesitate to contact us should you have any further questions.

 

Article 1: Definitions

Services – Educational services in the form of group or individual Courses, or consulting services provided by the Behavior Design Institute.

Client/Customer/You – A private consumer or company that receives our services either for payment or for free.

Custom course – A group or individual course that the BDI has tailored at the Client’s request and according to the Client’s brief.

Registration – A Customer submitted and BDI confirmed the application for purchase of and/or participation in a Course inferring an agreement between Customer and Behavioral Design Institute.

Website – www.behavi.org

 

Article 2: Applicability

These Terms apply to all offers, promotions and services of the Behavior Design Institute whether these are educational services (participation in group or individual courses) or consulting services. The terms apply equally to both private consumers and companies.

With Registration for a Course or other Service, the Client accepts the applicability of these Terms and Conditions. BDI explicitly rejects the applicability of the Terms and Conditions of the Client.

Deviations from the Terms and Conditions are valid only if they have been agreed upon in writing between BDI and the Client. Under writing, according to the Terms and Conditions, all forms of electronic communication (for example, e-mail or on the Website) are included.

In cases that the Terms and Conditions do not anticipate, BDI will apply reasonable standards.

 

Total or partial invalidity or inconclusiveness of one or more provisions of the Terms and Conditions do not affect the validity or binding nature of the other provisions. If it appears that a provision is invalid or inconclusive, BDI and the Customer will replace the invalid or inconclusive portion by a provision that is valid and binding and whose legal effects, as far as the content and scope of the provision is concerned, correspond as much as possible to the invalid or inconclusive part of this provision.

We reserve the right to amend or supplement these Terms at any time. Changes are announced by publication on the website for at least ten calendar days before they will become effective. Should the changes refer to services you are in the course of receiving you will be directly informed by email. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.

 

Article 3: Access and Use of the Services

Access to any Service is conditioned by the existence of an agreement between the Client and the BDI. The agreement becomes effective once the Client has accepted an offer from us, either by enrolling through our website, or through other means of written communication and once the BDI has acknowledged the enrollment or client confirmation for that service. 

Each offer BDI makes will include a description of the Service the Client will receive, the start date and duration of the Service, the price and acceptable payment methods. Any specific Conditions for the chosen Service will be mentioned explicitly by BDI.

The BDI will offer the Client high quality Services as described in the offer.

Upon accepting an offer, the Client commits to BDI for the duration of the entire Service and BDI expects the Client to participate fully in the courses or consulting services being offered.

We strive to provide a productive and safe study environment for all our Course participants. Therefore, all course participants are expected to be collaborative and respect all the other course participants and the course facilitators. Participants are expected to respect the confidentiality of any information shared by other course participants. Participants are also expected to leave the training venue in the same condition it was when they joined the course.

After expiration of the Service Duration, the BDI has no further obligations to the Client unless otherwise agreed in writing.

All services, as well as any content accessed via our service, are solely for your personal and non-commercial use. Through your purchase we grant you (i) a limited, non-exclusive, non-transferable, license to access the particular Services’ you have paid for and view our course(s) and (ii) a non-exclusive, non-transferable license to use a single copy of the Materials, with the exception of a subset of the Materials which are performance support documents, templates or cards (“Cards”) which will help you apply what you have learned in your current activity and which you may freely share without any modification.

 

Except for the foregoing limited license, no right, title, or interest whatsoever shall be transferred to you. The Client agrees not to use any BDI content for public performances. The BDI may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials.

 

Article 4: Price and payment

The total cost for the Course or any other service will be part of the offer presented to you on our website or through other communication materials.

The Client will receive an invoice. The amount on the invoice must be transferred to the BDI within the payment term set on the invoice to the bank account stated on the invoice. The final payment date is set to 5 working days from invoice issuing, in any case before the start of the service unless otherwise agreed in writing by the BDI. Any invoice sent to the email address used for registration on our website or other previous communication with the BDI is considered received by the Client. Unless the Client communicates any justified disagreement with the invoice withing 3 working days from receival, the invoice is considered accepted for payment.

BDI is entitled to request information from third parties concerning the solvency of a Client who has registered for the Course. This may affect the offered payment Terms and Conditions.

The Client will legally be placed in state of neglect, without the prior notice being required, from the date of expiry of the applicable payment period, until the payment due has not been paid in full. BDI will send the Client a reminder of payment, after which the Client may still pay within the period specified therein. If the Client has not completed the full payment due after this period, BDI may charge the Client an interest of 1% of the outstanding payment for every day of delay from the date on which the original payment period expired, until actual payment. BDI will also be entitled to cancel, postpone or terminate the services for the Client in accordance with Article 7 of these Terms and Conditions.

Any extrajudicial or judicial collection costs shall be borne by the Client.

Private individual Clients will remain responsible at all times for obligations arising from the agreement with the BDI. Even if the payment is or will be transferred to a third party, such as an employer.

 

Article 5: Course or service cancellation

If the number of applications for a particular Course or consulting service is insufficient according to the judgement of BDI, BDI is free to make an agreement with the Client that the relevant Course or Service will be held at a different date and/or other time. If BDI and the Client cannot reach an agreement on these changes, the Client is entitled to cancel the relevant Course or Service free of charge.

 

Prior to the commencement of a Service, the Client has the right to cancel that Service. The cancellation request will be sent by the Client by e-mail to info@behavi.org before commencement of the first Course Day of the agreed upon Course. The moment of receipt of the cancellation by BDI applies to the date of delivery of the relevant e-mail. The planned commencement date of the (rescheduled) Course will be used as the starting point in determining the amount of cancellation costs as referred to below.

In the case of cancellation by the Client, BDI is entitled to charge the Client the following costs:

a. if cancelled up to two weeks before the start of the Course: 25% of the price;

b. If cancelled between two weeks and one week before the start of the Course: 50% of the price;

c. if cancelled between one week and 3 days before the start of the Course: 75% of the price;

d. if cancelled less than 3 days before the start of the Course: the total price.

 

In the case of cancellation by the Client of a Custom Course specifically tailored for the client, BDI is entitled to charge the Client the following costs:

a. if cancelled up to one month before the start of the Course: 25% of the custom course price.

b. If cancelled between on month and two weeks before the start of the Course: 50% of the custom course price.

c. if cancelled between two weeks and one week before the start of the Course: 75% of the custom course price.

d. if cancelled less than one week before the start of the Course: the total price of the custom course price.

 

In consultation, it may be decided to schedule the Course at a later moment. No charges will apply upon the rescheduling of the Course Date if both parties agree to this.

In all cases – after the permission of BDI – a substitute for an attendee may be sent.

The Client is entitled to terminate the already commenced Course with immediate effect. The costs charged to the Client in connection with the Course remain due (i.e.: will not be refunded to the Client).

 

Article 6 – Rights of Withdrawal

Private individual (natural person) Clients only may terminate the agreement within 14 calendar days after the offer was accepted by such Client, free of charge and without providing any reason (right of withdrawal). In cases where an offer was accepted less than 14 days before the start date, this right of withdrawal is lost once the services have been delivered, even if that is earlier than 14 days.

The Client makes use of the right of withdrawal by sending an unambiguous statement to info@behavi.org by e-mail within this period stating the agreement must be terminated.

Upon receipt of a request for cancellation by the BDI, the Client will have 14 days to return any Items received, including Course Material, the Client paying for the cost of transport. Upon receipt of the submitted Course Material, the BDI will reimburse any paid tuition fees as soon as possible, no later than 14 days after the receipt of the submitted Course Material.

Returns will only be accepted if the Items are in the original condition. That means undamaged and unwritten on, complete, only treated as reasonably required for viewing and in the original packaging. If these Conditions are not met, the BDI will not accept the return shipment and the Client is obliged to accept the Course or to reimburse a depreciation to be determined by the BDI.

We reserve the right to turn down an enrollment of a future student that works for or is engaged with organizations that promote or are engaged in unethical behavior. This call is made by BDI, after the enrollment.

 

Article 7 – Consequences of non-fulfillment of obligations

If the Client fails to comply with one or more of the Terms of the agreement or the Terms and Conditions, or Terms of the Offer, the BDI shall be entitled to suspend its obligations, postpone and terminate the Services for this Client. Any aggressive or offensive verbal or physical behavior addressed to other course participants or instructors will result in the immediate exclusion of the respective participant from the course and termination of the Services. At the end of the Services referred to above, the following applies:

a. Unless otherwise agreed in writing, the BDI no longer has any obligations towards the Client.

b. The cancelled Course or other services cannot be resumed. A Client who wishes to continue the Course or receiving the services will have to register again.

c. Any amounts already paid by the Client in this case will not be reimbursed and held as damages.

Being in default by the Client does not imply the agreement between the Client and the BDI has been terminated. The Client will still be bound by these Terms and Conditions, including those related to the terms of use, intellectual property rights, liability etc.

 

Article 8 – Intellectual property rights

The intellectual property rights of study materials produced by the BDI remain, regardless of the form in which it is delivered (in print, digital or otherwise) with the BDI at all times.

Use of study materials other than for personal study is not permitted. The Client agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, rent, lease, loan, exploit, transfer or upload for any purposes, any part of the study materials they will gain access to through the Services. The Client agrees not to use any recording equipment (including, but not limited to, audio recorders, video recorders, and cameras) during the Services.

The copyright of this rests with the BDI and not with the Client.

If any of the aforementioned cases should happen you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials.

The Client is liable to BDI for each violation of its intellectual property rights to an amount of a minimum of €10.000. In case the value of the damage to BDI is greater than €10.000, BDI will be entitled to the full value of the damage.

 

Article 9 – Liability

The Customer will indemnify, defend, and hold harmless BDI and its officers, agents, contractors and employees against any loss, damages, fines, and expenses (including attorneys' fees and costs) arising out of or relating to any claims based on an act or omission by Customer or Participants that constitutes a violation of this Agreement.

 

If the Customer should become entitled to claim damages from BDI (including for negligence, strict liability, breach of contract, misrepresentation and other contract or tort claims) BDI will be liable only for the amount of customer’s actual direct damages, not to exceed (in the aggregate for all claims) the fees paid to BDI for the specific Services giving rise to such liability that are the subject of the claim.

The Client expressly accepts and agrees that BDI will not be liable for any loss whatsoever resulting from information/ recommendations/ advice provided in connection with BDI courses or other services. This includes: the information/ recommendations/ advice provided by the teacher or through the course material or any other work resulting from or related to a Service.

The BDI is not liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses, whether based on contract, non-contractual liability, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) any damages to Customer properties; (iii) application of and reliance on information obtained from the Service; or (iv) any other matter relating to the Services. In no event will BDI’s total liability to you for any and all damages, losses or causes of action exceed the amount you have paid to BDI for access to the specific Services giving rise to such liability.

The liability limitation described in this article also extends to all persons for whom BDI is responsible (such as persons employed by BDI or appointed by BDI for the performance of the agreement).

If the Client him/herself does not participate in a Course, the Client shall ensure that the participants for whom the Course has been bought have accepted the aforementioned liability restrictions.

 

Article 10 – Privacy and Personal Data

We respect the privacy of our users and Clients. For all the details please see our Privacy and Cookie Policy. By using our website or any other Services, you provide your consent to our collection and use of personal data as outlined therein.

The data provided by the Client shall be included in the automated administration of the BDI. This data is processed internally and used for responsible Client Management and responsible business management, such as registering Clients, providing study materials, and sending information about our Services or related information.

All information provided and shared between users or Clients and BDI will be handled with full confidentiality by BDI.

Clients who do not wish to receive further information from us can make this known in writing.

The BDI and on behalf of it, third parties, use cookies to track visitor information. We do this to optimize the layout of our site and increase ease of use, such as in the registering process. Accepting cookies can be disabled in the browser. Turning off cookies may limit the use of our Website and services. Accepted cookies will remain on the Client’s computer for a variable period of time, depending on their type, or until deleted by the Client.

During our Courses or other services, it’s possible that photos will be taken of the workshops, the graduation ceremony, and the clients. By agreeing to the terms and conditions, the client gives BDI permission to use the photographs for publicity activities, such as on our website, blogs, social media, PDFs or printed communication materials etc. We will not use any photos for other purposes without any written approval of the client. The client can send an e-mail to info@behavi.org if the client isn’t comfortable with this condition, in which case the Client’s image will be removed or anonymized (blurred). The pictures of the client won’t be used if the client explicitly objects to the general usage as stated above. In any case, the Client may not hold BDI liable for images used by BDI before the Client expressed the usage objection.

 

Article 11: General

These Terms of Use constitute the entire agreement between you and BDI and govern your use of the Service, superseding any prior agreements between you and BDI with respect to the Services.

These Terms of Use are governed by the laws of Romania. With respect to any disputes or claims, you and BDI agree to submit to the exclusive jurisdiction of the applicable Romanian courts, in Bucharest. The applicability of the Vienna Sales Convention is expressly excluded.

The failure of BDI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

The Client may not assign these Terms and Conditions (including any rights and/or obligations hereunder) without the prior written consent of BDI, but BDI may assign or transfer these Terms (including any rights and/or obligations hereunder), in whole or in part, without restriction.

All notices to be given to either party must be in writing, sent by email to the addresses below. Emails are considered received the next working day following expedition.

  • info@behavi.org for BDI.

  • any email used for course registration on the website, or any email used for previous communication for the Client.

Under no circumstances shall BDI be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. Except for obligations to make payments, neither party will be liable for any delay or failure to meet its obligations under this Agreement due to circumstances resulting directly or indirectly from an event beyond its reasonable control, including but not limited to war, riot, insurrection, civil commotion, labor strikes or lockouts, shortages, factory or other labor conditions, fire, flood, earthquake or storm, as long as it notifies the other party within 5 days from the day such an event took place.

 

Questions? Concerns? Suggestions?

Please contact us at info@behavi.org to report any violations of these Terms or to pose any questions regarding these Terms and Conditions or our Services.

 

 

Version as of 20. December 2020