1. General
Unless expressly agreed otherwise in writing, all work carried out by our company is subject to these general conditions.
The contracting company shall ensure that the services to be performed are described in detail and that the start and end dates of the services, the equipment required and any other specifications useful for the performance of the assignment are specified.
2. Quotations
All our quotations are provided for information only, without obligation unless otherwise agreed in writing.
The offer will be considered as final and as a firm commitment on the part of both parties as soon as ETREAC confirms receipt of the offer accepted by the client. By accepting the offer, the client also accepts these general conditions.
3. Modification or cancellation of the contract
In the event of cancellation of the contract more than fifteen working days before the start of the assignment for any reason whatsoever, the client will be liable to pay compensation corresponding to 50% of the price offer that he has validated, including VAT. In the event of cancellation within 15 working days before the start of the assignment, the compensation shall be 100% of the validated quotation including VAT.
Any modification of the general conditions resulting from legislative or regulatory measures shall come into force immediately and without reservation upon notification to the client and shall apply to any contract, even prior to the said modification.
4. Responsibilities
With the exception of the liabilities that we explicitly assume under these general terms and conditions, we shall not be liable for any failure in the performance of our contracts, except in the event of malice on our part or on the part of our employees or agents. In the latter case, our liability shall be limited to the amount paid by the customer under the disputed contract.
In no event shall we be liable for any consequential damages. This means all those which do not result directly and exclusively from the serious failure of the service provided: commercial loss, loss of orders, damage to the brand image, any commercial disturbance, loss of profit as well as all claims made by a third party for which the customer must take out the appropriate insurance himself.
5. Payment / dispute of invoices
Our invoices are payable in cash within 30 days of receipt of the invoice.
All costs of collection or dispute shall be borne by the customer. In the event of non-payment on the due date, the amount due shall be increased by right and without prior notice of default by interest on arrears at the rate of 12% per year, as well as a fixed compensation of 10% including VAT with a minimum of € 125.00. In the event of a dispute, any complaint must be submitted to us in writing within eight days of receipt of the invoice to be admissible.
No complaint shall relieve the client of his payment obligations. Unless otherwise agreed in writing, our prices are established on the basis of an hourly rate which does not include VAT or travel and supply costs. The latter shall be covered on presentation of supporting documents. Any change to the services covered by this agreement will result in an increase in our prices, in proportion to the costs incurred.
6. Authorisation to use the client’s name, brand and logos.
As from the acceptance of these general conditions by the client, we reserve the right to quote the name of the client and to use the brands for which we work as a reference in all advertising, commercial and institutional documents (in particular on our website), which the client expressly accepts. This authorisation is valid for an unlimited period.
However, we undertake not to mention these elements in the event of a request from the client.
7. Suspension / Termination
If the customer does not fulfil any obligation arising from the contracts concluded with us correctly or in good time, as well as in the event of bankruptcy, suspension of payments, liquidation or judicial reorganisation, the customer shall be deemed to be in default by operation of law.
We shall then be entitled, without further notice, to suspend the execution of the agreements concluded with the customer or to terminate them in whole or in part, at our discretion and without being obliged to give any notice or to pay any compensation.
In the event of termination of fixed-term agreements, the customer shall be obliged to pay the full amount of the compensation due upon termination of the contract.
If the client wishes to terminate an agreement for an indefinite period of time, he shall be obliged to take into account a period of notice that varies according to the seniority of the applicant. This period shall begin on the first day of the month following the month in which the client expresses in writing his intention to terminate the agreement.
8. Hiring of personnel
The client shall not solicit the cooperation of our employees in any form whatsoever and shall not accept any offer of employment or direct or indirect cooperation from them without our prior written consent. This applies for the entire duration of our contracts with the client and for a period of one year from the last assignment carried out by our employees.
Prior to this period of one year, the client may only enter into a contract with the employee in question after having received our written consent and after having sent us a lump-sum compensation of € 2,000 excluding VAT.
Any failure to comply with this clause shall entitle us immediately and without notice of default to an irreducible lump-sum compensation of € 10,000 excluding VAT, without prejudice to our right to claim additional damages.
9. Jurisdiction and law
All disputes concerning the existence and/or the (non-)execution of our contracts shall fall under the exclusive jurisdiction of the courts of the district of our registered office, located in 5004 Bouge, 12 Rue du Bataillon des Canaris. Only Belgian law shall apply.
