GENERAL TERMS AND CONDITIONS

  1. The customer acknowledges having read the present general terms and conditions and, by placing his order, accepting these general terms and conditions in their entirety, without any reservation and without being entitled to dispute them, and regardless of his own terms and conditions which may be contrary to these. The present general terms and conditions are part of all tenders and delivery documents issued by SVB-IT, as well as of all agreements entered into with SVB-IT GCV. Deviations and verbal agreements are only binding after express written confirmation from SVB-IT GCV, and the terms and conditions of principals and customers, to which they might refer in their documents, are not accepted. SVB-IT GCV is entitled at any time to replace services specified in the tender with similar services according to the designated functionality or possible solution to be chosen by SVB-IT GCV.
  2. All tenders are without engagement and can be withdrawn by SVB-IT GCV at any time without giving any reason. Tenders shall be valid for 14 days or for the period of time expressly agreed with the customer and as indicated in the tender. SVB-IT GCV is only bound by orders that were confirmed by it in writing. All amounts indicated in tenders, e-mails and all other documents originating from SVB-IT GCV are exclusive of VAT.
  3. Unless expressly agreed otherwise, work is carried out on a time and expense basis at a standard hourly rate of 65 Euro plus VAT during office hours on working days (Monday to Friday from 8:30am to 5.30pm). After office hours, the standard hourly rate on weekdays is increased by 150 %. For weekend work at the customer’s request, the standard hourly rate on weekdays is increased by 150% on Saturdays, and by 200 % on Sundays and on public holidays. The duration of the work performed is rounded to the nearest completed half hour. The transport costs are charged on the basis of the travel time at 45 Euro per hour plus VAT. For all work performed by SVB-IT GCV on site, travel expenses are charged.
  4. Any delivery time, if specified, is merely indicative, and a delay in the delivery or execution does not allow the customer to claim damages or to suspend their payment obligations. The temporary suspension of the work due to force majeure shall result, ipso jure and without damages, in an extension of the original delivery period by a period equal to the suspension period, to be increased by the amount of time needed to resume the work.
  5. The provision of the services shall be at the customer’s risk. In case of damage during transport, the delivery or the use of the services, or resulting from the use of the services, irrespective of the nature or cause, SVB-IT GCV shall accept no liability, regardless of whether the services are provided by SVB-IT GCV at a distance or at the customer’s. The customer shall provide the necessary facilities to enable the installation of the services ordered (not limited to: access to the workplace and products, electricity, telephone, data line(s), presence of the person using the products etc.). In the absence of these facilities, SVB-IT can in no way be held liable. SVB-IT GCV is not liable for damage (direct or indirect) resulting from flaws in the functioning of services or programmes other than those supplied by SVB-IT GCV, not even if it is linked, in one way or another, to the services or programmes supplied by SVB-IT GCV, or as a result of flaws in the functioning of the hardware.
  6. The obligations of SVB-IT GCV are obligations to use best endeavours and not obligations of result. SVB-IT GCV can under no circumstances be held liable, by the licensee or by a third party, for any direct or indirect damage or consequential damage due to the loss of data or reduction of the integrity of the data. SVB-IT GCV is not liable for any flaws in the functioning of the programmes supplied by it or by third parties which are the result of incompatibility with the hardware or incompetence of the customer. The customer undertakes to make a daily backup copy of all files. The liability of SVB-IT GCV, if any, is strictly limited to the amount that is paid out by the professional liability insurance of SVB-IT GCV.
  7. For licenses to use software, the license terms set out by the software manufacturer shall apply. The customer confirms that he has all the necessary licences and shall indemnify and hold SVB-IT GCV harmless from any third party claims if that is not the case. Any guarantees that might have been granted by the manufacturer are the sole responsibility of the manufacturer and cannot be binding upon SVB-IT GCV. SVB-IT GCV can in no way be held liable for the consequences of the use of the internet by the customer, nor for hacking, misuse of information, damage or loss of data.
  8. All invoices of SVB-IT GCV are payable in cash and net of all costs on the due date, at the latest 15 days after the invoice date, into IBAN BE52 3200 1004 3109. Any delay in payment after the due date shall yield interest, ipso jure and without notice of default and from the invoice date, of 1% per month.
  9. In addition to the aforementioned conventionally agreed interest, in the absence of payment on the due date set, lump sum compensation equal to 10% of the invoice amount, with a minimum of € 65.00, shall be due ipso jure and without notice of default.
  10. In case of non-payment or any other non-fulfilment of the payment terms by the customer, all other sums still outstanding, including invoices not yet due, become immediately payable. In case of non-payment on the due date, or in case of bankruptcy, court-ordered reorganization, provisional administration, collective debt settlement or another indication of imminent apparent insolvency or incompetence, SVB-IT GCV, additionally, reserves the right to suspend all services without owing any damages. SVB-IT GCV, in such case, also reserves the right to consider, ipso jure and without any further notice of default being required, the agreement terminated, in whole or for the yet-unperformed portion of the agreement.
  11. The cancellation of an order or of part of an order shall always result in reimbursement of the actual expenses already incurred and in compensation for the loss of profits on the order or on the portion thereof that is cancelled.
  12. All complaints, in order for them to be valid, must be made by registered letter within 8 days of provision of the services/advice by SVB-IT GCV or of receipt of the invoice. Beyond that period, no complaints will be accepted anymore. The fact that a complaint is made does not in any way constitute a reason for delay or refusal of payment, nor for compensation.
  13. SVB-IT GCV reserves the right, if, after the creation of a binding offer or after the acceptance of an assignment, but during the execution thereof, there are price-increasing factors that are beyond the sphere of influence of SVB-IT GCV, including (but not limited to) an increase in wages, taxes, duties, to raise the agreed prices accordingly.
  14. In case of disagreement or a dispute, only the Courts of the judicial district of Antwerp, division Antwerp, are competent to take cognisance thereof.
  15. All agreements with SVB-IT GCV are governed by Belgian law.