Terms of Sales
1. GENERAL
Unless otherwise agreed in writing, these general conditions govern the respective obligations of the contracting parties on the occasion of the provision of services, in particular the works and also any sales, linked or not, carried out by SRL Mavelogy Consulting on the one hand, having its registered office at 116A Rue de Restaumont 7190 Ecaussinnes, and company number 0564.938.688, hereinafter referred to as “Mavelogy Consulting”; and the other party to this legal relationship, on the other hand, hereinafter referred to as the “customer”. Deviations must be expressly accepted in writing by both parties.
By signing the offer or by accepting in any form whatsoever our offer of services, our co-contractor expressly acknowledges having read these general conditions and having accepted them without reservation.
The provisions which are not expressly derogated from remain applicable. Only derogations subject to our written agreement can modify the application of these general conditions.
In the event of a conflict between the general conditions of our co-contractors and ours, it is agreed that the latter will prevail.
2. VALIDITY OF THE OFFER
Unless otherwise stipulated in writing, the period of validity of offers is 30 days from the date of their issue. Once this period has passed, Mavelogy Consulting reserves the right to modify its prices without notice.
Any service entrusted by the client to Mavelogy Consulting will be the subject of an estimate drawn up free of charge. The services rendered by Mavelogy Consulting to its clients are of 4 types: advice, coaching, realization of promotional campaigns and training. Our offers specifically mention the main purpose of our services and their price.
The provision of services includes exclusively the services as described in the supporting document of the offer or the possible contract and, where applicable, the modifications and addenda expressly agreed between the parties at a later date. However, it is well understood by the client that the realization of complete projects may give rise, in addition, to services under management depending, in particular, on the evolution of the client's requests (modifications compared to the initial project, additions of functionalities and/or modules, etc.).
The customer is also informed that the performance of the agreed services may be subject to the prior payment of a deposit, as mentioned on the support document of the offer. The deposit is in principle set at a minimum of 30% of the total amount of the services but may rise to 50% in the event that the services relate to the completion of a specific order or to a large amount. In this case, in the absence of payment thereof, Mavelogy Consulting reserves the right to suspend the performance of its services until full payment of the agreed deposit.
3. COMMITMENT
The signing of a contract or any equivalent contractual document or the acceptance in any form whatsoever (email, verbal commitment, etc.) of an offer constitutes a firm and definitive commitment by our customers.
Changes made by the customer to our offer will only be valid if we have accepted and confirmed them in writing.
4.PRICE
The consultancy assignments assigned to the service provider are subject to a lump sum payment, sometimes based on an estimate of the number of days or hours necessary for the accomplishment of its mission, sometimes without indication of duration, and according to the terms of the offer, quotation or contract.
However, we reserve the right to pass on to our prices any modification of the VAT rate applicable thereto which would occur before or on the date of provision of the service.
The prices set are denominated in euros, excluding VAT.
They are established in consideration of a normal work, not undergoing any interruption, all elements that the customer must provide or prepare being in order at the desired time.
Any additional difficulty giving rise to an additional cost of work on our part, caused by any circumstance unrelated to our organization, as well as any modifications requested by the customer, give rise to the prior drafting of a writing signed by all the parties and to additional invoicing based on our tariff in effect at that time.
5. PAYMENT
Invoices are payable on the due date indicated thereon by bank transfer to the following account number: IBAN BE09 0017 3972 9857– BIC GEBABEBB opened in the name of Mavelogy Consulting. In the event of successive services clearly integrating within the framework of a single and same mission, the service provider reserves the right, in accordance with the specific conditions previously established, to limit itself to the issuance of a single invoice. summary of its successive services carried out on behalf of the client during the same month.
After this period, any unpaid invoice will produce, automatically and without prior notice, conventional interest of 10% per annum, with a minimum rate in accordance with that provided for by article 5 of the law of August 2, 2002 relating late payment in commercial transactions.
Any invoice unpaid on the due date will also be increased, automatically and without formal notice, by a fixed and irreducible indemnity of 10% of the amount remaining unpaid with a minimum of 125,-€ per invoice as a penalty clause. .
Any dispute relating to an invoice must reach us in writing, within 8 days of its dispatch.
Failure to pay an invoice when due makes all sums due immediately payable, regardless of the payment facilities granted beforehand, and grounds the service provider to suspend the performance of its own services ("exceptio non adimpleti contractus") until 'full and full payment of the sums due by the customer, without warning or prior formal notice.
6. DEADLINE
With the exception of collective training sessions and our participation in seminars, the deadlines set for our services are given, unless otherwise stipulated, only as an indication.
If a deadline is imperative, it must be clearly specified as such on the purchase order or any other equivalent document. In this case, the customer can, when the realization suffers a delay, claim compensation without this being able to exceed 10% of the total price of the order.
Even in this case, the following circumstances release us from our deadlines:
1 – Cases of force majeure;
2 – If we do not have all the documents necessary for the proper performance of our service within the required time;
3 – If changes are decided or requested by the client during the work;
4 – If our payment conditions are not respected, in particular with regard to installment payments.
Any possible complaint concerning our services must be sent to us in writing within eight days of their completion or, in the case of the completion of complete projects, of their receipt. After this period, our responsibility cannot be implemented.
7. QUALITY COMMITMENT AND RESPONSIBILITY ON THE PART OF THE PROVIDER
The service provider undertakes to provide the customer with a constant quality of service and to provide the customer with the assistance best suited to their needs and most consistent with the state of knowledge. The service provider's obligation is an obligation of means, and cannot bind it as to the result.
If the service provider is no longer able to continue performing the tasks entrusted to it, it will immediately notify the client, so that the latter can take the necessary measures, including entrusting the said tasks to third parties.
8. EARLY TERMINATION OF THE CONTRACT
In the event of unilateral termination of the contract, even partial, by the client or at his expense before its execution, for any reason whatsoever, the client will owe Mavelogy Consulting a lump sum indemnity of 30% of the total contractual amount due, without prejudice to the Mavelogy Consulting's right to claim higher compensation if it can prove greater proven damage.
If the execution of the contract has already begun, Mavelogy Consulting reserves the right to enforce the forced execution of the contract. If the contract is terminated prematurely, even partially, by the customer or at his expense, the customer will still be obliged to pay at least the already executed part of the contract, plus 30% of the remaining amount.
9. OBLIGATIONS OF THE PARTIES
Mavelogy Consulting and the client will each look out for their reciprocal interests and will act loyally and in good faith.
Mavelogy Consulting contracts an obligation of means. It performs the services entrusted to it independently and undertakes to respect the standards specific to its profession and to provide its services in accordance with the various legislations in force.
Unless otherwise stipulated, Mavelogy Consulting is not required to verify the accuracy and completeness of the information communicated to it by the client or its agents, as well as the reliability of the various documents and documents transmitted by the client. The client guarantees Mavelogy Consulting against any recourse in this regard.
The client undertakes to make available to the service provider, in good time, all the documents, documents, data and information necessary for the performance of the agreed service.
He undertakes to inform the service provider in good time of any information, data or event likely to have repercussions on the performance of the service.
He also undertakes to confirm, if necessary, in writing, as soon as possible and at the first request of the service provider, that the documents transmitted are complete.
Finally, when the services provided by Mavelogy Consulting do not meet the client's expectations, the client informs the service provider without delay. Failing this, the latter is entitled to consider the services as carried out and carried out with the full and entire satisfaction of the customer.
Mavelogy Consulting cannot be held responsible for negative consequences resulting from the publication of the client on its communication networks without it having been concerted. As such, the customer is responsible for their use both with regard to intellectual property law and in terms of protection of privacy and prohibition of dissemination of comments and/or images inciting racial hatred.
10. PRIVACY
Mavelogy Consulting and the client are both bound by the confidentiality of the data exchanged within the framework of the services provided by Mavelogy Consulting. They undertake to refrain, both during the services and after the termination thereof, from disclosing the manufacturing or business secrets of each, as well as the secrecy of any matter of a personal or confidential nature of which they would have had knowledge in the exercise of their activity.
Mavelogy Consulting and the client undertake to use the information received only in the context of the proper performance of the services and to authorize access to this information only to staff members and third parties who must be aware of it to the proper performance of the contract. In the latter case, this obligation of confidentiality is itself imposed on any person having access to the information concerned.
Mavelogy Consulting and its client undertake, both during the contract and after its termination, not to use the confidential data of which they become aware for their personal benefit or that of others, for a direct or indirect way.
11. INTELLECTUAL PROPERTY
Mavelogy Consulting retains all intellectual property rights, in their advantages and profits, relating to all intellectual services provided, even if these fall within the scope of the execution of the contract ordered by the client.
All of the drawings, drafts, preliminary drafts and, more generally, any support containing the elements and characteristics relating to the creations of [Corporate identity] remain its exclusive intellectual property and are protected by copyright and design. They cannot be changed. Any reproduction, even partial, distribution or use of these elements is subject to the prior written agreement of Mavelogy Consulting. Otherwise, it is strictly prohibited and will be prosecuted before the competent criminal, civil and/or commercial courts.
Unless there is a written agreement to the contrary, Mavelogy Consulting's client only benefits from an internal user license that is not exclusive to his company and in accordance with the contractually agreed use. The above also applies in the event of early termination of the contract, regardless of the reason for termination.
12. PROCESSING OF PERSONAL DATA
The customer is informed that the personal data collected and processed in connection with the contract (offer support document or agreement) are strictly confidential. These data are collected and collected for accounting purposes and for the proper management of the contract. The customer is informed that if he does not provide us with the exact data, this may in some cases hinder the smooth running of the contract execution process. If the data has been provided to us incorrectly or inaccurately, we cannot be held responsible for this.
The personal data communicated by the customer is managed by the data processing manager whose identity is Maïté Verhoeven, m.verhoeven@mavelogy.com.
The data collected are: Surname, first name, professional address, email, telephone number.
These data will be kept for a period of 2 years. Once the period has expired, the accounting and/or legal data is archived and the other data is deleted.
In accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of data as well that in accordance with the law of July 30, 2018 relating to the protection of natural persons with regard to the processing of personal data, the customer has a right of access to the data, a right of rectification or deletion of these. The customer also has the right to request a limitation on the processing of his personal data, to oppose the processing of his data as well as the right to the portability of his data.
He can also oppose at any time that this data is used for purposes unrelated to those of the proper management of his file, if necessary.
For any questions relating to your rights regarding your personal data, do not hesitate to contact the person responsible for processing your data.
Mavelogy Consulting undertakes to implement all appropriate and reasonable technical and organizational measures to ensure the protection of customer data. He undertakes in this respect to an obligation of means.
The customer, if he considers that he has been harmed in the context of the protection of his personal data, can contact the supervisory authority:
Data Protection Authority
Rue de la Presse, 35, 1000 Brussels
+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact(at)apd-gba.be
https://www.dataprotectionauthority.be/contact
13. DISPUTES - APPLICABLE LAW
These general conditions, as well as any contract between Mavelogy Consulting and the client, are exclusively governed by Belgian law, in French.
For all disputes, disputes and lawsuits between Mavelogy Consulting and the client that cannot be settled amicably, only the courts of the judicial district of the registered office of Mavelogy Consulting (Tribunal de l'Entreprise du Hainaut, Mons section) are competent.
The parties accept, within the framework of their relations, electronic means of proof (for example: email, computer backups, etc.).
14. CHANGES TO THE AGREEMENT
Any change to the specific agreements or these general conditions must be the subject of a written amendment signed by the parties.
15. SALVATION CLAUSE
The non-validity or the illegality of one of the clauses of our general conditions does not in any way entail the invalidity or nullity of the other clauses of the contract concluded between the parties.