The verbose part
- Unless agreed otherwise in writing, all contracts, tenders and orders, and all therefrom forthcoming supplies and services, are being governed by the below mentioned conditions.
- The customer accepts these conditions by the mere fact of negotiating with “Rob Picard” or by the conclusion of an agreement. The customer acknowledges having taken note of these conditions in its written and printed statements. He acknowledges that these conditions constitute the full text of the negotiated agreement between the parties, and aditionally replace and destroy all prior oral or written agreements, as well as any other statement made so far between the parties.
- A valid contract is deemed to have been achieved when a quotation from “Rob Picard” is received by the customer, and an agreement is confirmed.
- “Rob Picard” reserves the right to have tasks performed by a subcontractor, albeit on his own responsibility. This is possible to achieve a determined time limit or to obtain a higher quality of service.
Quotations & deadlines
- Quotations are free of charge, and are non-binding for the variable costs and prices. Any order, regardless of this was placed by an official order form, or confirmed by mail, or any order of a service requested by the customer without a prior request for quotation, assumes the knowledge and acceptance of our rates, fees and terms & conditions by the customer and is binding.
- Execution dates are communicated for information only. Lateness does not lead to compensation. Delivery times, stated by “Rob Picard”, are indicative and not binding, unless explicitly agreed otherwise. The terms are always expressed in number of working days.
- Tenders and estimates of “Rob Picard” are determined based on the instructions given by the customer. Every modification to this comes with it a price revision.
- Orders become binding for the client from the moment of signing of the order, the confirmation of the quote either in writing or by mail. “Rob Picard” is entitled to demand an advance payment of 20% of the full price of the order. A new contract regarding the same product and/or the same service replaces all previously signed agreements.
- Rob Picard” has the right to refuse clients or exclude them of some or all of the services that are offered.
- Prices, stated by “Rob Picard” in the proposals, are not binding unless explicitly mentioned that they are final. All prices exclude VAT.
- Rates, communicated by “Rob Picard” with regard to the provision of services, are determined based on the performance during normal working hours so supplements are possible. Normal working hours are: 9 am to 18 pm. Business days are weekdays, excluding holidays.
- An invoice will be created by “Rob Picard” for each payment. The receipt of the invoice is legal and according to art. 1139 of the Civil Code as notice without requiring any document and only by the expiration of the term.
- Until the moment of receiving the actual payment of an achievement, “Rob Picard” remains the formal owner of everything that comes from this achievement, such as the website, its potential profits, etc.
- Payments made by the customer shall always be applied to clear depth in the first place of all interest and costs, in the second place of oldest outstanding invoices, even if the client states that the payment relates to a later invoice.
- If “Rob Picard” proves that higher costs were applicable, which were reasonably necessary, these can also be recovered.
All invoices are payable within 30 days after the invoice date. In case of non-payment on the due date, an interest rate of 3% per month from the due date is owed automatically and without prior notice, as well as a forfaitary compensation of 10% of the invoice amount with a minimum of 25 euros.
All court fees in legal proceedings are charged to the customer.
- Every disagreement with the invoice needs to be comunicated to “Rob Picard” by a registered letter, within eight (8) days after reception of the invoice and clearly stating the motivations. Upon reception of the objection, “Rob Picard” will investigate the content and accuracy of the invoice amount.
- In the absence of full payment, all works, supplies, goods or services may be retained for the amounts due.
- If a project is performed in clearly distinguishable stages, “Rob Picard” has the right to divide the total amount into partial invoices.
- If an invoice is not paid on the due date and “Rob Picard” is executing other assignments of the same contractor, “Rob Picard” is entitled to cancel these projects and cease activities, for which the concerned client can not claim compensation.
- In the case of late payment, “Rob Picard” reserves the right to immediately block the services for definite use.
Duration of the agreement
- An agreement concluded for a definite or indefinite period, may be terminated by either party by the end of a calendar month with a notice period of three (3) months, solely in writing, by regular mail. An agreement for a definite period may be extended by the customer before the end of the period.
If the client does not, not properly or not fully meet one or more of its obligations to “Rob Picard”, or
therefore acts in violation of the terms without complying with a notice period of one week, “Rob Picard” is authorized to cancel the agreement without judicial intervention. In this case, the client is liable for the damage caused by “Rob Picard”. Commitments to payment, relating to carried out activities or deliveries continue to exist.
- If “Rob Picard” proceeds to extrajudicial measures because of imputable shortcoming of the client in the fulfillment of its commitment, the client is accountable for all applicable costs.
- In the event of early termination by the client, “Rob Picard” is entitled to reasonable compensation for suffered loss and loss of profit, which includes a compensation of made expenses, a to reason determined portion of the fee in accordance with the work already done.
- Termination notice must be in writing and by registered mail. The moment when “Rob Picard” receives the notice is considered termination date.
- By no means is “Rob Picard” liable for indirect damage, such as commercial or financial loss, loss of data, loss of reputation, profit or business, loss of customers and losses due to legal actions taken by third parties against the client.
- The liability of “Rob Picard” in relation to a concluded agreement will, per claim or series of claims, arising from the same fact or the same cause, in any case not exceed the total amount, already invoiced or in the future to be invoiced, for the purchase price or recurring charges related to the specific project to which the claim relates.
All designs, studies, drawings, software and configurations remain the property of “Rob Picard” at all times. By no means, they may be used, disclosed or copied, even in part, without written permission of “Rob Picard”.
All documents prepared by “Rob Picard”, of any kind, remain his property, and should be returned upon request.
- Complaints about the rendered services and visible defects must be reported to “Rob Picard” within ten days after the execution / delivery, by registered letter. Failing this, any complaint shall automatically be rejected. The customer’s own interventions nullify any ground for complaint.
Delay in delivery does under no circumstances entitle to cancellation of an order or compensation. Any complaint relating to the supply, of any kind, should be disclosed to “Rob Picard” by the client by registered letter, within 8 working days from the delivery of goods or the date of the delivery of services. Any complaints concerning the delivery or performance do not entitle the client to suspend or delay the payment of invoices.
The absence of written protest of an invoice within 7 working days from its sending date means the irrevocable acceptance of the invoice and the amounts, products and services mentioned in it.
Only Belgian law is applicable. In the case of a conflict of different legal rules in time, the law from the time of the commitment approval or performance is considered valid.
In the event that an amicable arrangement is ruled out in a dispute, all disputes will be treated by the court of Tongeren.