Cyber Forensics Belgium
Chaussée de louvain 498/C5
1. General provisions
These general terms and conditions define, , and without prejudice to any special provisions contained therein, any, the respective obligations of contracting parties on the occasion of services offered by our company.
By signing the contract or agreement, our co-contractor acknowledges that they have read these terms and conditions and he confirm their acceptance of these conditions.
All the provisions of these conditions, save those to which the special provisions of this section make an exception, shall be applicable. Any exceptions to these conditions require a separate written agreement from our company in order to be applicable and modify the application of the present general conditions.
In case of a contradiction between the conditions of our co-contractors and ours, it is agreed that the latter will prevail.
2. Validity of the tenders
In the absence of any express written provision to the contrary, fhe validity period for our tenders is 30 (thirty) days starting with the time of their issue.
The signature of an order form
La signature d’un bon de commande or any other contractual document constitutes a firm and definitive undertaking by our customers. In the event that the customer was required to make a down payment at the time of the order, they will not be able to claim that its non-payment releases them from their obligations.
Any change made by the customer to our tenders will only be applicable if agreed and confirmed in writing by our company.
All mentioned prices are in euros and taxes are not included in the mentioned prices.
Notwithstanding any future change of our price list, the applicable price for the customer is the price in effect at the time of signing of the original contract or order form. We nevertheless reserve the right to pass-on a price increase in the case where applicable taxes are modified before the date on which we start to provide our services.
Prices are established considering a normal work, without bearing any interruption and with all necessary document or element that the customer has to provide or prepare in order at the given time.
Any further difficulties that would generate some extra cost for our company, caused by any given circumstance unrelated to our company, as well as any modification required by the customer, will result in a prior written agreement signed by all contractors and in a complementary invoicing based on our hourly rate applicable at that time.
Invoices are due for payment in cash after delivery of the service against acknowledgement of receipt or at the latest within 30 days from the date of issue on the bank account.
Payments carried out after this deadline will bear ipso jure and without prior formal notice a conventional interest of 8% as well as an additional forfaitted and irreducible indemnity of 10% of the invoice amount, with a minimum of EUR 50 by way of damages and interests.
Any dispute related to an invoice must be received by us in writing within the fifteen days of the date the letter was sent.
The default of payment of an invoice that becomes due shall make immediately payable all the sums due to date, no matter the payment facilities granted beforehand.
6. Title retention clause
The service provider reserves and retains all property rights on any document, report or any other product coming from their services delivery until the price – principal and ancillary costs – has been paid in full (including potential extra costs, interests and penalties). As a consequence, under no circumstances will any document, report or other product coming from the performance of the contract be used, sold, transferred, assigned as a guarantee and in general disposed by the client before the clearance of their account.
The service provider may invoke the present title retention clause within a period of eight clear days after the sending of a formal notice to pay sent to the co-contractor by ordinary mail without cure. The document, report or other product coming from the performance of the contract shall then be returned to the service provider immediately on request.
7. Implementing Rules
The implementation planning of the desired services will only be established once the deposit amount has been paid if applicable and after all the necessary documents have been signed and sent by the customer.
The deadlines that have been given for our services are for information purposes only, unless otherwise agreed.
If a strict deadline must be met, it has to be specifically written on the order form or any other contractual document. In this case, the customer may claim a compensation that will not exceed 10% of the total amount of the order if the performance of the contract does not meet the deadline that has been set. However, even in this case, the following circumstances relieve us from our obligations to meet the deadline:
1 – Cases of force majeure
2 – In case the order to start the performance of the contract is given out of delay compared to what has been agreed in the contract or in the order confirmation;
3 – In case the payment conditions agreed are not respected, given that the performance of the contract depends under all circumstances on the reception of a deposit paid by the customer if so agreed;
4 – In case where changes are decided or required by the customer during the performance of the contract.
9. Quality and responsibility engagement from the service provider
The service provider ensures a continuous improvement approach to quality management of the missions they have been given by the co-contractor.
If subcontracting takes place, the service provider is committed to assign qualified people to the performance of the services and to ensure, as far as possible, that these people have the requisite skills and means to perform such services effectively.
The service provider is committed to ensure the client a constant quality of services over time, to use perfectly appropriate techniques for the services required for the performance of the contract, to adapt their material, methods, resources and know-how to the evolution of the business he performs in order to always give the customer the most appropriate and state-of-the-art assistance for their needs.
The obligation of the service provider is an obligation of means, and shall not commit them as for the result.
If the service provider is in the incapability of pursuing the performance of the tasks that have been entrusted to them, they will notice immediately the customer so that the latter can take any necessary measure, including entrusting a third party to perform these tasks.
10. Intellectual rights
Any intellectual right resulting from the services provided as part of a mission of consultancy, expertise, graphism, website development or software development or improvement made for the benefits of the customer must be considered the property of the customer, unless the concession contract specifically provides otherwise or inalienable rights. It is understood however that the serviced provider may use the content of services provided if not directly linked to the activity of the customer.
The service provider reserves the right to and, as a consequence, is allowed to subcontract any part or the entire service to perform with a subcontractor of their choice. The service provider shall not be held liable to notify the customer the use of a subcontractor, or any future change of subcontractor.
Regarding the communication of confidential information by their owner (service provider or customer) to the recipient (service provider or customer), the latter commits to keep secret this information and treated it with due confidentiality. It will only be used for the project purposes.
Both during the performance of the contract and after its expiry, the recipient commits to not use, copy or make available to third parties the confidential information they have had access to, or enable it to be used for other purposes than the ones for which they have had access to it.
Even in this latest case, the prior written authorization from the owner will be required in order to guarantee the confidentiality of this information.
The recipient assumes the full responsibility and will guarantee the owner from any publication or incorrect use of the confidential information.
The recipient agrees not to use the confidential information for other purposes than the ones defined in the contract and for the goal set by the owner.
The recipient will take all necessary measures in order that their agents and any person who could have access to the confidential information of the other party are bound by the contract as well.
In case of a unilateral cancellation by the co-contractor made at least within two working days before the date where the service was due to start being performed, we reserve the right to require a legal compensation of 30% of the total amount of this service.
14. Applicable law
The Belgian right will apply to all that has not been specifically defined in the present provisions.
Except in case of a prosecution for payment, both parties agree first to try in good faith to settle by mediation or extra-judicial conciliation any dispute relative to the validity, interpretation or performance of the contract and the present provisions.
It will start at the latest 15 days after the mediation or extra-judicial conciliation request notified by one party to the other. The mediation duration cannot exceed 30 days, unless express agreement of both parties.
In case of a prosecution for payment or failure of the mediation or extra-judicial conciliation procedure, the courts of the judicial district of Nivelles have exclusive jurisdiction, subject however to statutory mandatory provisions.
16. Changes to the provisions
Any change to the specific or present general provisions will have to be subject to the signature of a formal written contract between all parties.
17. Severability clause
The nullity or illegality of a provision does not affect the validity of other provisions in the contract made between the two parties nor of the current general terms and conditions.
In the case where the disputed provision affects the nature itself of the current general terms and conditions, each party will strive to negociate immediately and honestly a valid provision of an equivalent economical effect or, at least, as close as possible to the cancelled provision effect.