General Terms and Conditions of CJ Communications BV
1. Unless otherwise agreed in writing, all present and future legal relations between the parties shall be governed by these General Terms and Conditions, which the customer declares to have taken cognizance of after being communicated with the offer. These terms and conditions take precedence over any general terms and conditions of the customer.
2. The offers of CJ Communications BVBA (hereinafter: the consultant) will remain valid for 30 days from the date of the offer; a final agreement will only be concluded between the parties after express written acceptance by the customer.
Any natural person or company that accepts an offer on behalf of a third party shall be liable for this third party in accordance with Article 1120 of the Civil Code and, in the absence of payment by the third party, shall itself be bound to pay the consultant's invoices.
3. Additional assignments not included in the quotation must be expressly requested in writing and will be invoiced additionally on the basis of the (unit) prices communicated by the consultant after the request. The translation of text and the creation of photographs or logos are not included in the quotation unless expressly stated.
4. The client is exclusively responsible for the timely provision of all necessary data. If these are not provided on time, the consultant has the right to suspend performance and/or charge the client for the costs resulting from the delay.
5. If the proper performance of its commitments requires it, the consultant is entitled to call upon third parties to provide certain goods or services. For web hosting, licensing or other periodic services, the customer shall pay the agreed amount prior to the delivery of the services.
6. Proposed delivery or execution deadlines are not binding but are always of an advisory nature only. They cannot give rise to the payment of compensation for late performance.
7. In case of premature termination of the contract by the client, i.e. before the execution of all the agreed services, the consultant shall be entitled to compensation amounting to 30% of the agreed total price for the work not yet executed, to be increased by the goods or services already ordered and/or paid for by the consultant and intended for the client.
Contracts with a duration of more than 3 months whereby the client can call upon certain services of the consultant against a fixed monthly fee, can be terminated taking into account a notice period of 3 months, starting from the 1st of the month following the month in which the co-contractor was notified in writing of the termination of the contract.
8. Unless expressly stated otherwise on the quotation or otherwise agreed in writing, all assignments to be performed by the consultant concern a resource commitment, to be fulfilled according to the consultant's insight, best ability and house style. A subjective assessment by the client of the value or quality of the services rendered by the consultant shall never be a valid reason for unpaid invoices, nor can it give rise to liability for any damages.
9. The consultant's liability shall be limited to repairing the defective performance free of charge, without any right to damages or any other financial compensation on the part of the client, and only after written notification, under penalty of inadmissibility, of such defective performance within a period of 8 days after its delivery.
The consultant shall not be liable for damages of any kind arising on the basis of incorrect and/or incomplete data provided by the client, unless such incorrectness or incompleteness should have been known to the consultant.
10. All invoices are payable in Etterbeek. In the absence of an express mention of a due date on the invoices, they shall be deemed to expire on the 15th day counting from the invoice date.
11. Complaints concerning invoices must be made by registered letter within 8 days from the invoice date.
12. In the event of non-payment of invoices on the due date, default interest shall be due ipso jure and without prior notice on the full amount of the invoice at a rate of 10% from the due date of the invoice to the date of full payment; the amount of the invoice shall also be increased by liquidated damages in the amount of 10% with a minimum of 100.00 euros per invoice, without prejudice to the costs of reminder, collection and legal costs.
13. The failure to pay the periodic interim invoices on their due date within the framework of an agreement with a duration of several consecutive periods, also gives the consultant the right ipso jure to suspend the further execution of its commitments until the invoice has been paid in full, without the client being able to claim any compensation for delay in the execution by the consultant of its commitments.
14. Only the courts of the consultant's registered office are competent to take cognizance of all disputes and challenges related to the contract between the contracting parties. Only Belgian law shall be applicable to disputes relating to the contract between the parties and to the related claims.
15. Any nullity or invalidity of one of the above clauses shall in no way entail the nullity or invalidity of the remaining general terms and conditions.