A- General Terms and Conditions of Services

These terms and conditions apply in their entirety to any contract or agreement entered into between Finanboost and its clients, in the Grand Duchy of Luxembourg or abroad, regardless of the place of performance. In the event of any conflict with these terms and conditions, they shall be supplemented by specific terms and conditions, which shall prevail. By signing or executing any document referring to these terms and conditions, the Client is deemed to have accepted them, and no derogation shall be permitted without the express prior consent of Finanboost. Any condition contrary to these general terms and conditions, imposed unilaterally by the Client in its general terms and conditions of purchase or in any other document, shall be unenforceable against Finanboost, regardless of when it may have been brought to its attention. Finanboost reserves the right to modify these general terms and conditions. Without prejudice to Article 3, the amended general terms and conditions shall be deemed to have been accepted by the client provided that they have been communicated to him in advance by Finanboost and that he has not raised any objection within fifteen (15) days of such communication.

1. Definitions

2. Offers, orders, and execution

3. Subcontracting

4. Complementary services

Any services not included in the services agreed upon in the initial offer will be invoiced separately.

The costs of additional technical expenses, such as the creation of models, photos, or films, reproduction, composition, and printing, resulting from design or production work, will be invoiced in addition to the order, unless they are specifically included in the initial offer.

All travel and meal expenses for trips undertaken in connection with the contract shall be borne by the client and will be invoiced in addition to the order, unless they are specifically included in the initial offer.

5. Agency commission

The costs of implementation, production, purchasing external resources, subcontracting, purchasing and/or producing materials (such as printed matter, photos, videos, promotional items, architectural spaces, or stands), and the costs of publishing and purchasing offline and/or online media may also be subject to a commission from Finanboost. The Client expressly acknowledges and accepts that Finanboost will receive a commission on the price negotiated with its service provider or supplier in return for its expertise. Any commissions received by Finanboost will not be deducted from the prices agreed in the initial offer.

6. Prices, invoicing, and payment

Finanboost reserves the right to adjust its sales prices in the event of changes to the agreed services, exchange rates, applicable taxes, or prices imposed by suppliers after the order or contract date.

Hourly rates, contracts, and miscellaneous fees will be automatically indexed each time a new consumer price index is published. Invoices are issued in euros and are payable according to the terms defined in the quote or purchase order. Prices are exclusive of VAT and other taxes, which will be charged in addition. Finanboost reserves the right to require payment of invoices by direct debit, to request payment of deposits, and/or to assign its receivables to a factoring company.

In the event of non-payment by the due date, Finanboost may demand immediate payment of all outstanding invoices. In addition, late payment interest at the legal rate will be applied eight (8) days after a formal notice has remained unsuccessful. In the event of non-payment within the period specified above, Finanboost may claim from the client, without prejudice to any higher procedural compensation that may be awarded by a court on the basis of Article 240 of the new Luxembourg Code of Civil Procedure, a lump sum compensation of 15% of the amounts due in principal, including VAT, with a minimum of €1,500, unless Finanboost can justify higher collection costs, for all collection costs not included in the expenses incurred as a result of the late payment. Late payment may also result in the suspension of services. Invoices not contested in writing within eight days of receipt shall be deemed accepted, without the client being able to invoke a change of address in the event of the contestation period being exceeded. The client shall in any case pay the uncontested amount of any contested invoice.

7. Delivery and transfer of responsibility

The delivery or response times indicated by Finanboost are always indicative times based on an estimated average time. No compensation will be granted to the client in the event of failure to meet these deadlines, and no order may be canceled without the express consent of Finanboost. In the event of a delay on the part of a supplier, Finanboost reserves the right to proceed with partial delivery and invoicing of the services available.

Travel expenses are defined in a separate schedule that will be communicated to the client by Finanboost.

8. Limitation of Liability – Warranty

Unless expressly stated otherwise, Finanboost’s obligations are obligations of means. The client shall independently choose the services they require based on the objectives they wish to achieve. Once the services have been delivered, the Client shall assume full responsibility for the choices made, in particular with regard to the textual and iconographic content of the creations provided by Finanboost.

Finanboost shall not be liable for any compensation for indirect or immaterial damages, such as loss of production, operation, income, data, financial or commercial loss, or other damages, which may be the direct or indirect consequence of damages suffered as a result of the delivery, incorrect use, or failure of the services provided by Finanboost.

Plus particulièrement, en ce qui concerne :

Finanboost ne pourra être tenue responsable de l’indisponibilité des sites Internet ou des applications web en raison de problèmes d’hébergement, d’interruptions de connexion, de dysfonctionnements du système, d’erreurs d’utilisation ou de négligence de la part du client ou de tiers utilisant le service du client ou fournissant des produits utilisés en relation avec les services.
Finanboost ne garantit pas le fonctionnement ininterrompu et sans défaut des applications, du site web et de la plateforme de simulations. La seule obligation de Finanboost en cas de défaut des applications, du site web ou de la plateforme de simulations sera, à sa seule discrétion, de procéder à des mises à jour et/ou à la remise en service dans les meilleurs délais.

Finanboost offers no guarantee in the event of incompatibility or failure occurring after the update of a website, simulation platform, or hosting server, whether carried out at the express request of Finanboost or as part of a maintenance contract, and whether performed by a service provider.

In any event, any compensation payable to the client shall be limited to the price, excluding tax of the services provided. Any action or claim of any kind that may be brought against Finanboost shall be time-barred after one year.

9. Copyright – Right of use

Any order placed with Finanboost by the Client is subject to copyright. All services provided by Finanboost are protected by copyright and constitute its intellectual property, regardless of the quality of the work. Finanboost grants the Client only the right of use necessary to achieve the agreed objective. The right of use is only transferred to the Client after full payment of the agreed price. The work or parts of the work carried out by Finanboost may only be used by the Client for the agreed type, scope, duration, and area of use. If the Client wishes to modify these elements, they must first request authorization from Finanboost, which may charge an additional fee.

The originals and reproductions of Finanboost’s work, as well as its status as author, may not be modified or transferred to a third party without its authorization. Any reproduction, even partial, is prohibited without the acquisition of the right of use. Similarly, the Client does not have the right to transfer its rights of use to a third party without the written consent of Finanboost. Finanboost reserves the right to inquire about the extent of use. Finanboost may require that it be mentioned as the author on reproductions of its work, in the form it has defined. Any infringement entitles Finanboost to claim compensation.

Suggestions made by the Client or its employees shall not be considered as participation in Finanboost’s copyright and shall have no influence on the price.

All preliminary designs, studies, sketches, and models not delivered to the Client and/or produced by Finanboost as part of a competition intended to enable a prospect to understand a project in its entirety, regardless of their state of completion, remain the exclusive property of Finanboost. They may not be used by the Client, the prospective client, or any other third party without the written consent of Finanboost, which may require compensation.

10. Retention of title

Finanboost retains ownership of the services sold until full payment of the price has been received.

In the event of non-payment of the full price of the services and interest, the Agency reserves the right to take back the services from the client or to block their use at any time.

11. Customer obligations

The Client undertakes to collaborate with Finanboost in order to enable the effective performance and provision of the Services in accordance with best practice and regulatory requirements.

The Client shall, in particular, ensure that it:

• Communicates, under its responsibility, all documents, texts, templates, licenses, authorizations, and information that Finanboost has indicated as necessary for the performance of its mission;
• Put Finanboost in contact with all persons concerned by the subject matter of its mission;
• Designate a single contact person for coordination.
• Respect the legality of the missions (processing) that it subcontracts to Finanboost and obtain the consent of the persons concerned when the processing of personal data requires it, for example, when taking photographs or sending newsletters.
• Respect copyright and only use works for which it has acquired the rights.
• Receive deliverables as soon as possible and approve them by formally validating the creation and signing the final proof.
• Ensure that Finanboost is not commissioned to provide services that would be contrary to its material or moral interests, constitute an affront to public decency or public order, or contravene the legal and regulatory provisions in force.
• Any failure by the Client to comply with these obligations may exempt Finanboost, in whole or in part, from its commitment to deliver.

12. Transfer

Without prejudice to Finanboost’s right to subcontract all or part of its services to a third party, neither party may assign, sublicense, or transfer in any way any of its rights arising from an order, contract, or agreement without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed. However, nothing shall prevent Finanboost from assigning, sublicensing, transferring, or otherwise disposing of any of its rights or obligations to its subsidiaries or sister companies.

13. Non-solicitation

During the term of the contract and for 6 months following its termination, the Client shall refrain from soliciting or hiring any Finanboost employee with responsibilities related to the performance of the contract without Finanboost’s prior written consent.

14. Processing of personal data

Subscription to a sale, service, or contract is subject to Finanboost collecting personal data that is necessary for the performance of the commercial relationship or the fulfillment of legal obligations. This data may be processed, recorded, and archived by Finanboost, or even communicated to third parties, in the legitimate interest pursued by Finanboost or by the third party to whom the data is communicated, for the management of client files, contracts, client service, commercial relations, statistical studies, litigation and debt collection, as well as the payment of services.

Finanboost may also use this data for direct marketing purposes (commercial actions, personalized advertising, etc.) to inform the Client of its activities, products, and services.

Unless expressly refused by the Client, Finanboost may refer to their collaboration and cite them as a reference.

If the Client entrusts personal data to Finanboost within the framework of a subcontracting agreement, in accordance with the General Data Protection Regulation (GDPR), it shall ensure that it provides Finanboost with the following mandatory information: duration and purpose of processing, type and sensitivity of the data entrusted, categories of data subjects, access authorization, security requirements, restrictions on transfers outside the EU, etc.

The client has the right to access, rectify, and restrict the processing of their personal data at any time, in accordance with the GDPR. Details of Finanboost’s personal data processing policy are available on its website.

The client is aware that Finanboost and its subcontractors may have access to confidential information in the course of their work, and accepts this. The parties undertake to take all necessary measures to ensure the confidentiality of the information to which they have access and not to disclose it to any third party without prior consent.

15. Complaint handling

In the event of a complaint, the client may contact Finanboost by email at support@finanboost.com or by post. The complaint handling procedure is described in detail on the Finanboost website.

16. Nullity

The invalidity of any clause or part of a clause in these terms and conditions shall not affect the other clauses or parts of clauses, and the clause or part of the clause concerned shall, as far as possible, be replaced by a valid provision with equivalent effect.

17. Jurisdiction and applicable law

Service contracts are subject to Luxembourg law. Any disputes relating thereto shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the courts of Luxembourg.

B- Payments and Refunds Policy

1. Overview

Our refund and returns policy lasts 14 days. If 14 days have passed since your purchase, we can’t offer you a full refund. For details on our refund and cancellation policies, please refer to the information below. Please note that our policies may differ between offerings, and payment options may vary. Please also note that we treat violations of our Terms and Conditions very seriously, and we have no obligation to offer refunds to users who violate these policies, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer late refunds to users who do not receive a passing mark in a Content Offering or who are otherwise unsatisfied with their final grade.

2. Refunds

We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain number of days.

3. Late or missing refunds

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company; it may take some time before your refund is officially posted.

Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at support@finanboost.com.

4. Sale items

Only regular-priced items may be refunded. Sale items cannot be refunded.

Some of our Platforms and Services are offered to individuals for a fee (e.g., Maximus Simulation Program). For all such products, the following Payments & Refunds policy applies in all cases:

5. Billing

You shall provide the company with accurate and complete billing information, including your full name and valid payment method information. Should automatic billing fail to occur for any reason, your access to the service will cease until a successful payment is made.

6. Fee changes

The company, in its sole discretion and at any time, may modify the fees that we charge for any of our services or courses. Any fee change will become effective for the next date when that service or course is available. The company will provide you with reasonable prior notice of any change in fees to give you an opportunity to terminate your order before such change becomes effective. Your continued use of the service after the fee change comes into effect constitutes your agreement to pay the modified fee amount.

7. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same client account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store or on our Platforms. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Payment Terms

i. Initial Payment

Participation in any of our simulation programs requires an upfront fee, payable at the time of registration. Payment options include a full payment by card through the website, Stripe, or PayPal. Split payment options can be facilitated. Access to the programme will only be granted once the full programme fee has been received.

ii. Outstanding Payments

Should a participant choose the split payment option, they are responsible for ensuring that the remaining balance is paid on time, according to the agreed payment schedule. Failure to complete the payment of the full programme fee will result in the suspension of access to the programme until full payment is made. Should any payments remain outstanding following a participant’s Programme Commencement Date, participants acknowledge their obligation to settle the full outstanding balance promptly upon commencement of the simulation or, in the instance of split payment, within the agreed timeline. The company expressly reserves the right to initiate appropriate measures to recover any unpaid amounts in the event of non-compliance with these payment terms. For these terms and conditions, the “Simulation Commencement Date” shall be deemed the first calendar day on which the participant is scheduled to commence participation in the Simulation program.

9. Refund Policy

i. Cooling-Off Period

Participants have a 14-day cooling-off period starting from the initial payment date, during which they are eligible to receive a full refund. To initiate the refund process, the applicant must contact us at support@finanboost.com in writing by email within this timeframe to discuss their decision and arrange for the refund.

ii. Post Cooling-Off Period

If 14 days have passed since your purchase, no refunds will be issued for withdrawals from the Program.

iii. Exceptional Circumstances

Refunds outside these terms are subject to our discretion and may only be granted in exceptional circumstances. Supporting documentation may be required. 

10. Deferrals

Eligibility for Deferral: Participants who are unable to participate in a scheduled simulation that is chosen initially may apply for a deferral to the next simulation session. The request for deferral must be submitted using the “contact us form” team no later than 2 Days before the Simulation Commencement Date. To initiate a deferral, participants must contact us stating the reason for the deferral and their preferred new start date, and this is subject to availability. Our team retains full authority to either approve or reject any change requests. Approval will be contingent on the availability of space within the desired program session and other logistical considerations. If a change request is denied, the participant will have the option to:

• Retain the original enrolment date and attend the Simulation Programme as initially scheduled, or
• Pursue cancellation of their enrolment and seek a refund, if applicable, by the cancellation and refund policies outlined in these terms and conditions.

As everything may also be available in French, in case of discrepancies between the English and the French text, the English version will prevail.