Terms and Conditions.

1. Identification and scope

MATHIAS VERCAUTEREN BV, trading as DATA VANTAGE CONSULTING (hereinafter referred to as the Service Provider), is a company with its registered office at Spoorwegstraat 23, 9250 WAASMUNSTER (Belgium), KBO 0762.940.731.

These general terms and conditions apply to all services provided by the Service Provider and take precedence over any general terms and conditions of the Client. Deviations from these terms and conditions can only be made in a written clause signed for agreement by the Service Provider.

2. Scope of the assignment and remuneration

The Service Provider and the Client shall mutually determine the exact object of the Service Provider’s assignment as well as the corresponding fee. They shall lay this down in a Service Provision Agreement.

Unless expressly agreed otherwise, services provided prior to the conclusion of the Service Agreement – and regardless of whether a Service Agreement is ultimately concluded – shall be performed and charged on a time-and-expense basis.

3. Terms of payment

The Service Provider’s invoices are considered accepted if no registered letter of protest is sent within 8 calendar days of their notification. Invoices are payable within 14 calendar days.
Non-payment or partial payment of a past due invoice makes all invoices due and payable with respect to the Client and voids any discounts granted.
In the event of non-payment of the invoices, a conventional interest on arrears of 10% per annum shall be payable from the due date by operation of law and without prior notice of default. In addition, a fixed compensation of 10% of the invoice amount, with a minimum of EUR 125.00, shall be payable by operation of law and without prior notice of default.
Failure to pay invoices on time shall entitle the Service Provider to suspend its work, at the risk of the Client. Moreover, the failure to pay invoices in due time shall constitute a serious breach of contract, on the basis of which the Service Provider may determine or claim the dissolution of the contract.

4. End of the agreement

The agreement ends with the payment of the balance of fees due. The agreement also ends with the death of the Service Provider or the liquidation of his company. The Client undertakes to pay to the heirs or legal successors the fee for the services rendered.
The parties may unilaterally terminate the agreement at any time. In the event of unilateral termination by the Client, the Client shall pay the Service Provider the fee for the services rendered and compensation for justified costs and suffered damages/loss of profit amounting to a minimum of 20% of the fee that would still be due to the Service Provider in the event of non-termination of the agreement, and this in order to reimburse the costs and reserved time incurred for this purpose. In the event of unilateral termination by the Service Provider, the latter shall pay to the Client compensation for the damage suffered and proven to have been suffered by the Client as a result of the unilateral termination.
If the contract is dissolved, the same compensation shall be payable by the defaulting party.

5. Liability

The Service Provider’s liability is limited to the extent and amount for which it is insured in professional liability, i.e. EUR 250,000.00 per claim and per insurance year.

6. Copyrights

Notwithstanding the payment of fees, the Service Provider retains all intellectual property rights regarding the advice and services it provides.

7. Privacy

When collecting and processing personal data, the Service Provider respects Belgian, European, and United States regulations regarding the protection of personal data. The Service Provider operates in compliance with the General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).
In order to fully inform the Client about the way his data is handled and the rights he has, the Service Provider shall make available a separate Data Protection Notice at the Client’s request.

8. Disputes – jurisdiction of the courts

All agreements of the Service Provider are subject to Belgian law. Any dispute arising from the execution or interpretation of this agreement shall fall within the exclusive jurisdiction of the Belgian courts.