Unless otherwise agreed in writing between Froomle NV and its customer, all agreements between both parties are deemed to have been reached subject to the conditions specified below.
The general terms and conditions specified on the customer’s documents are unenforceable vis-à-vis Froomle NV.
- In the absence of a written and motivated complaint within eight days after receipt of the invoice, the invoice shall be deemed to have been accepted by the customer.
- Invoices need to be paid within 30 days after the invoice date, and this at one of these financial institutions:
KBC BE 46 7360 2303 4736 KREDBEBB
ING BE55 3630 6646 4844 GEBABEBB
- In the absence of payment of the invoice on the due date, the customer shall by operation of law and without notice of default owe interest on the outstanding amount to the amount of x + 3% with x being the interest rate specified in article 5 in fine of the Act of 2 August 2002 on arrears in payment. Furthermore, to cover all internal costs (i.e. no legal costs), the client shall owe a fixed amount of 10% of the outstanding amounts, with a minimum of 150€ and a maximum of 2,500€, subject to proof of greater damage.
- In the absence of payment of the invoice on the due date, the outstanding balance of the non-due invoices shall also become immediately due and payable. The services already performed but not yet invoiced shall also be invoiced immediately and shall be immediately due and payable.
- Froomle NV has the right to suspend the performance of any planned services as long as the customer remains in default of payment of the invoices due.
- In the absence of payment in accordance with these conditions, Froomle NV may, in addition to claiming the amounts specified in articles 3 and 4 for the services already performed, by operation of law and without further notice of default, consider the agreement as dissolved.
- In this hypothesis, a sum to the amount of 20% of the difference between the amount of the total agreed budget on the one hand and the amount of all services already invoiced on the other hand shall be due by way of severance payment, subject to proof of greater damage.
- Company information, whether oral or written, communicated in the context of the cooperation shall be considered and treated as “confidential information”, unless it concerns public information or was obtained in good faith from a third party. The use of cloud services for the storage and archiving of work and information is not a violation of the confidentiality.
- The commissions are entered into as a best-efforts contract, which means that no specific end result is promised or may be expected. If something goes wrong, a professional liability insurance will intervene. The service provider’s liability shall be limited to wilful misconduct or gross negligence and only the damage directly arising therefrom shall be eligible for compensation up to the amount paid by the insurance company.
- Nor can Froomle NV be held liable in the event of non-performance of the agreement due to force majeure. Force majeure shall be considered as: war, war-like conditions, fire, floods, government measures, exceeding of delivery times by suppliers of Froomle NV.
- This agreement is governed by Belgian law and only the courts of Antwerp have jurisdiction to settle any disputes in connection with the co-operation.