governing offers and contracts of ConsultEU BV
VAT number BE 0755397002
Horebeke, February 2021
These general terms and conditions of ConsultEU apply to all offers and contracts.
- Execution of the contract
ConsultEU is authorized to have work carried out under its management by one or more subcontractors, without prejudice to its responsibility for proper compliance with the contract.
Each offer, contract and its execution is based on information provided by the client, who is responsible for the timeliness, correctness and completeness of the information.
If a subsidy application is (partially) rejected, the client will decide whether to appeal against this rejection after consulting ConsultEU.
2. Costs and payment
All prices are in euros and exclusive of value added tax (VAT).
Costs of travel, accommodation, exchange costs to euros, any necessary translation costs and reproduction costs will be charged separately.
If a fixed price (as a percentage or an amount) for the assignment has been agreed, the client will owe all costs incurred if ConsultEU has performed work and one or more of the following circumstances occur:
- the prepared application is not timely, incorrectly or not at all submitted by the client or third parties acting on its behalf;
- an application form which has already been submitted and has not yet been approved shall be withdrawn;
- the project or one of the projects is not continued in the manner as described in the application, or in the already submitted but not yet granted application.
In such cases labour costs are calculated on the basis of an hourly rate of € 150,-.
Invoices are payable within 30 days of the invoice date.
If payment does not take place within this period, ConsultEU can suspend the execution of the contract.
In the event of non-payment by the due date, the interest rate stated in article 5 of the Belgian law of 2 August 2002 concerning measures to combat late payment in commercial transactions, will be due without further notice.
3. Duration and termination
Contracts between ConsultEU and the client specify the duration.
This duration is automatically prolonged for a maximum of 1 year if the contract has not been completed at the contracted end date. In the event of an extension, each party is entitled to terminate the contract within 1 months after the original end date.
The duration of a contract is subject to influencing factors and circumstances wholly or partially outside the influence of ConsultEU. Although ConsultEU strives for the execution of its work according to planning, ConsultEU can not specify exactly in advance on which date and with which commitment the contract will be completed. If the target date and the agreed deployment is (going to be) exceeded, ConsultEU will inform the client as soon as possible.
The assignment is concluded financially at the moment that the final invoice has been paid by the client. Goods delivered to the client remain the property of ConsultEU until all amounts owed by the client for whatever reason have been paid in full.
The contract can be terminated prematurely if the client or ConsultEU can demonstrate that the work cannot be carried out as offered. A notice period of one month should be applied. In the event of premature termination, all work performed by ConsultEU will be invoiced at a daily rate of € 900 (in 2021 prizes).
Each party is entitled to terminate the contract without notice if the other party is dissolved or liquidated, becomes bankrupt, requests suspension of payments or ceases its operations.
4. Liability and force majeure
ConsultEU cannot provide any guarantees with respect to the results of the contract, the studies or advice it has provided.
ConsultEU is liable towards the client for the demonstrable damage suffered by the client as a direct result of culpable and imputable professional misconduct committed by ConsultEU.
ConsultEU’s liability will in all cases be limited to the amount of the invoices sent by ConsultEU to the client in connection with the relevant order.
Any claim for damages against natural persons, the director or companies with which ConsultEU has entered into agreements, and that can be held (jointly) responsible for the occurrence of the damage, is excluded. Said natural persons and legal entities can invoke these general terms and conditions by way of a third-party clause – in relation to the client.
The client indemnifies ConsultEU – and the aforementioned natural and legal persons – from claims from third parties related to the activities performed or to be performed by ConsultEU – or those persons.
Any claim for compensation shall lapse one year after the start of the day following that on which the client became aware of the damage and ConsultEU as the person liable for it.
If ConsultEU engages third parties in the performance of its assignment, ConsultEU is not liable to the client for any error that may be made by this third party. ConsultEU is authorized by the client to accept any liability limitations of third parties on behalf of the client.
If the subsidy scheme and / or other circumstances are changed during the execution of the contract outside the control of ConsultEU in such a way that execution of the contract is not reasonably possible, ConsultEU is not obliged to comply with any obligation.
5. Confidentiality
Within the boundaries of the law, ConsultEU is obliged to observe confidentiality of all confidential information given by the client or that became knowledge performing the contract.
Likewise, client will observe confidentiality about ConsultEU’s quotation and working methods, or make its advice and/or reports available.
Both parties are allowed to publish each other’s name as an organization with which it works.
As a principle nothing can be made public by any means without prior permission of ConsultEU. It is also not allowed to edit all or part of the documents produced by ConsultEU.
6. Personal data
Client provides or exchanges personal data to/with ConsultEU within the framework of the contract.
ConsultEU determines the purpose and the means for the further processing of the personal data.
If a client insists that the responsibility of ConsultEU here does not go beyond that of the processor of personal data and that this is laid down in a separate processor agreement.
ConsultEU is the controller of the personal data that are processed for the execution of the contract.
ConsultEU ensures strict confidentiality of said personal data and takes measures to this end.
ConsultEU ensures client to use the personal data only for the contract.
Both the client and ConsultEU take appropriate technical and organizational measures to protect personal data.
Both the client and ConsultEU shall refrain from providing or sharing any information about security incidents to third parties and / or parties involved, except insofar as one party is legally obliged to do so or if the parties have otherwise agreed.
The client guarantees that the processing of personal data for the contract is not unlawful and does not infringe the rights of the data subject (parties).
ConsultEU sends requests from the person(s) who want to exercise their rights in the framework of the contract to the client for further processing (for example, access, change or deletion of personal data).
The personal data (to be) provided by the client may include:
- Decision-competent employee of client: signature;
- Decision-making employee of client, contact persons and any external advisors: gender, first / last name, position, location, address, business email address, telephone number, bank (account) details;
- Organization: financial data, such as annual reports and further information about financing and legal structure of the organization;
- Staff, whether or not in (anonymous) compilation statements: gender, first / last name, job description, position, location, address, business email address, telephone number;
- Miscellaneous items, such as: references, publications, ID number, personnel number, wage data, CV, training data (such as name of course, start date / end date of training), date of service / disablement, administration on progress, such as time and / or attendance, minutes and progress reports.
7. Other provisions
Other conditions do not apply unless these have been explicitly accepted by ConsultEu in writing.
For changes of circumstances in the future in which the agreement between the client and ConsultEU no longer (fully) provide, both parties will try and find a solution that does justice to the nature, duration and purpose of the agreement.
If one of the provisions of these general terms and conditions is invalid, void or otherwise unenforceable, this will not affect the effect of the other provisions in these general terms and conditions.
8. Applicable law and litigation
The agreement between the client and ConsultEU is governed by Belgian law.
Any conflict that may arise in relation to these terms and the execution of the present contract will be submitted to the exclusive jurisdiction of the courts of Oudenaarde (Belgium)