General Terms and Conditions of Sale

 

My Sherpa LLC Avenue Franklin Roosevelt 56, 1050 Brussels Company Number: 0882.782.152

 

Preamble – Acceptance of the General Terms and Conditions

These general terms and conditions govern all relationships between My Sherpa LLC (“My Sherpa”), also operating under the brands “Studant” and “Educadomo”, and its clients. These relationships include the provision of educational programs organized by My Sherpa.

The client acknowledges having read these general terms and conditions and accepts them unreservedly from the moment they validate an order, whether by signing a contract, accepting an offer, or making an online payment. These conditions also apply to orders placed under the brands “Studant” and “Educadomo”. Any deviation from these terms must be agreed upon in writing by both parties.

1. Formation of the Order

An order is considered validated when:

  • The client signs an offer or a contract, or
  • The client makes a payment, online or through any other means accepted by My Sherpa, or
  • The client confirms an offer or program via email or through My Sherpa applications.

My Sherpa reserves the right to confirm the order before execution. Each order must specify the client’s needs and the service details. In case of errors or missing information, My Sherpa cannot be held responsible for any shortcomings in the execution of the contract.

2. Execution of Services

My Sherpa assigns one or more instructors (coach, trainer) to the learners based on the needs expressed at the time of the order. The practical arrangements (schedules, locations, or online platforms) will be agreed upon with the client.

If the originally planned instructor is unavailable, My Sherpa reserves the right to replace them without affecting the validity of the order.

If sessions are canceled by the client less than 24 hours in advance or if the training beneficiary(ies) are absent without prior notice, the session is considered as completed and the corresponding fee remains due.

In case of absence of the instructor (coach or trainer) for a scheduled session, the client must report this absence within a maximum of three working days following the initially scheduled date. If this absence is confirmed, My Sherpa may, at its discretion:

  • Reschedule the canceled session at a mutually agreed-upon time, or
  • Refund the unprovided hours.

The instructor’s absence does not invalidate the order.

3. Payment Terms

Services must be paid in accordance with the payment schedule provided for the training program.

In case of late or non-payment, My Sherpa may suspend or cancel the services. If services are canceled, cancellation or modification fees may apply and will be calculated at 10% of the outstanding service amount, with a minimum charge of €60.

My Sherpa reserves the right to claim the amounts due, increased automatically and without prior notice, by a late payment interest rate of 1% per month, as well as a non-reducible and fixed compensation of 12%, with a minimum of €60.

All expenses incurred by My Sherpa for the recovery of amounts due by the client will be charged to the client.

All amicable and judicial collection costs, including bailiff fees, will be borne by the debtor. These costs will be calculated in accordance with the Royal Decree of 30/11/1976 establishing the tariff for acts performed by bailiffs in civil and commercial matters, as well as certain allowances.

4. Order Cancellation or Modification

The client may request the cancellation or modification of their order by written notification. The applicable cancellation or modification fees are calculated at 10% of the outstanding service amount, with a minimum charge of €60. However, some orders cannot be canceled; this will be specified in writing by My Sherpa at the time of the order.

5. Liability

My Sherpa undertakes to provide its services with diligence and in accordance with the client’s expressed needs. However, My Sherpa is only bound by an obligation of means and cannot be held liable for direct or indirect damages related to the execution of services.

6. Data Protection

My Sherpa is committed to protecting its clients’ personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Belgian legislation.

6.1 Collection and Use of Data

Personal data collected includes, but is not limited to: name, surname, address, phone number, email address, payment information, and any other information necessary for the provision of our services.

These data are collected for the following purposes:

  • Order and service management.
  • Client communication (information, billing, support).
  • Service improvement and customer experience enhancement.
  • Compliance with legal and regulatory obligations.

6.2 Data Retention

Personal data are retained as long as necessary for the purposes for which they were collected, including client history management, service improvement, and personalized recommendations. This retention is carried out in compliance with applicable legal obligations, particularly in accounting matters.

6.3 Data Sharing

Personal data are never shared with third parties, except when necessary for service execution or compliance with legal obligations.

6.4 Data Security

My Sherpa implements appropriate technical and organizational measures to ensure the security of personal data. Information is stored on secure servers that meet current protection standards.

6.5 Rights of Data Subjects

In accordance with GDPR, you have the following rights regarding your personal data:

  • Right of access: Obtain confirmation that your data are being processed and access them.
  • Right to rectification: Request correction of inaccurate or incomplete data.
  • Right to erasure: Request deletion of your data, subject to legal retention obligations, particularly in accounting matters.

To exercise these rights, please contact My Sherpa by mail or email.

7. General Provisions

The failure of My Sherpa to enforce any provision of these general terms and conditions at any time shall not be interpreted as a waiver of its right to enforce it later.

These terms are governed by Belgian law. Any dispute shall fall under the exclusive jurisdiction of the courts where My Sherpa’s registered office is located.