CGS

General sales conditions of sale

Article 1.
General information
Consultant B.I. is a limited liability company with headquarters at Clos Paul Duquenne 12, 1435 Hevillers Belgium and is registered on the official company register of Belgium with the registration number 0884.349.691.
Article 2.
Applicability
These general conditions are applicable to all services provided by Consultant B.I. for the attention of its clients. The client is deemed to be aware of these general conditions and accepts them without any reservation. If there is any contradiction, these general conditions shall prevail over any other conditions from the client, unless prior agreement to state otherwise is granted in writing by one of the administrators of Consultant B.I.. Agreements which may be exempted from one or several clauses of these general conditions replace only the clause(s) in question. All other clauses will continue to apply in full.
Article 3.
Object of the services provided
Consultant B.I. is an expert in the context of consultancy, assistance and training on database management and other associated fields. The services of Consultant B.I. may concern, among others, consultancy, assistance during negotiations, posting of experts to the client. The parties agree on the exact nature of the services provided by Consultant B.I. from the start of the services being provided and will adapt and/or expand them during this period if necessary.
Article 4.
Obligations
Paragraph 1. Consultant B.I. has an obligation to use its best efforts, but not to achieve a specific result. All duties will be executed according to the best efforts of Consultant B.I.. Consultant B.I. also has the possibility of conferring these duties upon internal and external colleagues, to whom these general conditions also apply. Consultant B.I. agrees to provide its services within a reasonable amount of time. Consultant B.I. is in no way responsible for failing to meet a deadline where it is due to a client, third party or in the case of force majeure.

Paragraph 2. Consultant B.I. shall undertake the appropriate organisational and administrative provisions so as to avoid any conflicts of interest arising between its clients and negatively affecting their interests after its consultancy services have been provided. To that end, the client is required to notify Consultant B.I. with any information which could place Consultant B.I. in a situation where there is a conflict of interest (including, without being limited to: the name of the administration/company upon which an opinion is required must always be notified to Consultant B.I.). Consultant B.I. therefore reserves the right to refuse a contract on ethical grounds if conflicts of interest may arise which would adversely affect its clients.
Article 5.
Client cooperation
Consultant B.I. will do its best to offer its clients an optimal service. To achieve this, smooth communications and cooperation between Consultant B.I. and the client are essential. Furthermore, the services provided by B.I. are made to measure and are based on concrete facts. The client is required to supply spontaneously and immediately any information linked to the services which fall under the scope of the contract. The client is deemed responsible for the precision, completeness and confidentiality of the data, information and records being supplied. If the client does not cooperate and/or does not respect agreed deadlines or previous agreements, Consultant B.I. is free to cease its activities with the client and withdraw from the relationship. Consultant B.I. is not responsible for any damages arising from this withdrawal.
Article 6.
Compensation – Complaints – Payment
Paragraph 1. Consultant B.I. shall invoice for its services according to hourly rates or other methods, as indicated in the contract with the client. The method and the amount of these rates are set by common agreement on the basis of the subject, the complexity, the stakes and urgency of the services.

Paragraph 2. Consultant B.I. may ask for one or several advance payments before beginning to provide its services and for the duration over which the services are provided. At the end of this period, the client shall receive one final invoice from which the advance payments received beforehand shall be deducted.

Paragraph 3. If the client disagrees with an invoice, he/she must contest it in writing providing a just explanation within 14 days following the date of the invoice, under penalty of forfeiture of these rights.

Paragraph 4. Unless otherwise agreed in writing, all invoices must be paid in cash at the registered office of Consultant B.I., without any reduction. If an invoice has not been paid by the deadline, Consultant B.I. reserves the right (without prior notice being sent to the client by registered mail) – (A) to charge interest at a rate of 1.5% per month from the date on which the payment was due until the date it is paid in full as well as (B) the right to charge a flat-rate sum of compensation of 10% of the amount paid late with a minimum of 60 EUR, without prejudice to the right to be reimbursed for any legal costs (including compensation for the relevant procedure), if the debt has to be collected using legal channels. Similarly, Consultant B.I. also has the right to suspend the execution of its activities on all active dossiers with the client in question until all invoices have been settled in full, or to cease immediately all forms of cooperation with the client. Consultant B.I. is not responsible for damages arising from suspending activities or terminating the contract with the client.
Article 7.
Responsibility
Paragraph 1. The client shall supply Consultant B.I., both at the start of its services as well as throughout the contract, possibly at the request of Consultant B.I., any precise information that is required as part of providing an optimal service. Consultant B.I. is not responsible for damages arising as a result of having received incorrect or incomplete information from the client.

Paragraph 2. In any event, all contractual or extra-contractual responsibilities potentially borne by Consultant B.I., and its subcontractors and/or employees, are limited to the principle sum, costs and interest, to the amount excluding VAT paid by the client on the dossier for which the responsibility is held and, in the absence of such a dossier, to a maximum of € 7,500 per set of damages.

Paragraph 3. Consultant B.I. may under no circumstances be held responsible for indirect or collateral damage, loss of use or loss of earnings caused by the client or a third party.

Paragraph 4. Consultant B.I. shall make reasonable efforts to protect its emails from viruses or other faults originating from computers or an IT system. Nevertheless, the responsibility falls to the client to take appropriate measures to protect its computers and IT system.

Consultant B.I. assumes no responsibility for losses or damages resulting from having received or used electronic communications stemming from Consultant B.I..
Article 8.
Intellectual property rights
Outside of the scope of the tasks assigned to Consultant B.I., the client is not permitted to multiply, publish or use in any way any statements, memos, opinions, contracts, documents, slides or any other intellectual activity in any form that has been drawn up by Consultant B.I., unless prior approval has been granted in writing by Consultant B.I..
Article 9.
Amendment
Consultant B.I. reserves the right to amend at any time these general conditions.
Article 10.
Applicable law and competent jurisdiction
1. All contracts between Consultant B.I. and the client are entirely subject to Belgian law.

2. The parties will preferably settle any disputes amicably.

3. The courts in the judicial district of Nivelles have sole competence for any disputes arising between Consultant B.I. and the client.

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