So Buzzy GCV
These general terms and conditions state the rules that apply to “So Buzzy GCV”, the social media agency and publisher of these terms and conditions, and “the customer”, the customer of So Buzzy GCV or the end user of a So Buzzy GCV-service. These general terms and conditions shall be applied to every invoice from So Buzzy GCV and on every agreement between the customer and So Buzzy GCV subject to a statement of approval of a quotation.
These general terms and conditions shall overrule other terms and conditions, or other similar documents referring to any other general terms and conditions.
Should one or more provisions from these general terms and conditions be invalid or not be able to be enforced, then this will in no way affect or influence the validity and applicability of the other provisions of these general terms and conditions. In this case, the invalid or unenforceable provision will be considered to automatically replaced by a valid and enforceable provision that, to the largest degree possible, has an equivalent effect.
Article 1: Quotations
All quotations from So Buzzy GCV are based on information which the customer provides. The customer guarantees that he will provide all essential information that is needed for the design, execution and completion of an assignment. The customer will deliver all needed documentation, information and contacts that are needed for a good execution of the assignment in time.
The by So Buzzy GCV produced quotations are non-committal and valid for 30 days, unless stated otherwise. So Buzzy GCV is only bound to these quotations if the acceptance by the customer happens within 30 days and is in writing by registered letter, unless stated or agreed otherwise. So Buzzy GCV has the right to revoke the offer within 3 working days after acceptance by the customer.
The prices mentioned in the quotations are always exclusive of VAT, other government levies and other costs incurred for the assignment, such as shipping and handling costs, unless stated or agreed otherwise by registered writing.
If the expectations are different from the offer included in the quotation, So Buzzy GCV is not bound by it. The assignment is not to be delivered as in the deflected expectations, unless So Buzzy GCV says otherwise.
In case of verbal (or telephonically) changes from the customer, without written confirmation, the risk of implementation is completely for the customer. Any additional costs associated with these verbal or written changes are fully at the expense of the customer.
Article 2: Payment
Payments must be made within 30 days after the invoice date, unless agreed otherwise and confirmed by registered writing, in a chosen manner and currency indicated by So Buzzy GCV. Invoices are digitally sent by e-mail or when the customer requests so on paper through regular mail.
Any objection regarding an invoice must be made by registered writing within 8 days after the invoice date. So Buzzy GCV asks to always state the date and number of the invoice. In the absence of such notification, the invoice will be considered to be accepted.
In the event of non-payment on the payment date specified in the invoice, a monthly interest rate of 1% of the invoice amount shall apply, as well as a fixed compensation of 10% of the invoice amount with a minimum of € 150,00.
Article 3: Execution of the agreement
So Buzzy GCV carries out the work within the assignment to the best of its knowledge, expertise and ability. Insofar as needed for the assignment the customer accepts that So Buzzy GCV may outsource the assignment to one or more third-party suppliers without prior consultation.
So Buzzy GCV rejects any liability for the work performed by third parties, insofar they have entered into an agreement with the customer.
So Buzzy GCV also cannot be held liable for any damage based on incorrect and/or incomplete information provided by the customer, unless the incorrectness or incompleteness should have been known by So Buzzy GCV.
When agreed that the order will be executed in phases, So Buzzy GCV may suspend the execution of those steps that belong to a following phase until the customer has approved the results of the preceding phase by registered writing.
Unless otherwise agreed, the assignment does not include research into the existence of patent, copyright and portrait rights of third parties. The same applies to any investigation into the possibility of such forms of protection for the customer.
Unless the work does not lend itself to it, So Buzzy GCV is at all times entitled to have its name stated on or near the end product or have it removed. The customer is not allowed to make the end result public or multiply it without the written permission of So Buzzy GCV.
Article 4: Duration of the agreement
So Buzzy GCV represents the interests of the Customer within the limits of the assignment. Unless explicitly agreed by registered writing, or if this is the results from the nature of the assignment, the assignment to So Buzzy GCV applies for an indefinite period of time. On the understanding that both parties know they can cancel the collaboration after a period of six months by registered writing, taking into account a period of six months.
During the period of six months, referred to in the previous paragraph, the customer is obliged to comply with the applicable free agreements with So Buzzy GCV as if there had been no cancellation.
Article 5: Changes in the assignment
The customer accepts that the time schedule of the assignment can be influenced if the parties decide to change the approach, method or scope of the assignment and the final result. If the customer makes changes to the execution of the assignment, So Buzzy GCV will make the necessary adjustments on behalf of the customer. If this leads to additional work, So Buzzy GCV will charge this to the customer as an additional assignment. So Buzzy GCV may charge the customer extra costs for changing the order.
Article 6: Disruption of the agreement
If the customer does not fulfill or only partially fulfills an obligation as set out in the agreement, So Buzzy GCV has the right to suspend all agreements concluded between the customer and So Buzzy GCV until the customer has fulfilled all obligations, or disrupt the agreement due to distrust without any right to refund the customer.
In such case, the customer is legally indebted, without any notice of default being required, a default interest on the outstanding amounts of 1% per month from the invoice date, as well as a flat-rate compensation of 10% on the outstanding amounts, with a minimum of 150.00 euros per invoice.
In the event of liquidation, bankruptcy, suspension of payment or in accordance with the legislation on the continuity of the companies of the Customer, So Buzzy GCV is entitled to demand immediately, without notice of default, all outstanding claims, as well as to suspend the agreement and/or to terminate the payment of all outstanding amounts or fees.
If the Customer terminates the agreement prematurely, the customer is in no case entitled to a refund of the part already paid. Upon termination of the agreement by the customer, there is also a flat-rate compensation amounting to 15% of the value of the order, with a minimum of € 100,00 and the possibility that So Buzzy GCV demands a (higher) amount for damage.
Article 7: Liability
So Buzzy GCV is not liable for indirect damage such as commercial or financial losses, loss of profits, loss of clientele, etc.
So Buzzy GCV will only be liable for the actual and proven damage resulting from the obligations included in the agreements concluded with the So Buzzy GCV, thus excluding any other implicit or non-written obligations.
Article 8: Complaints and claims
Complaints relating to the services provided by So Buzzy GCV must be reported by the customer to So Buzzy GCV within 8 days of discovery. Not doing this will classify the complaint non-existent.
All claims of the customer against So Buzzy GCV, for whatever reason, expire after 6 months from the occurrence of the fact that gives rise to the filing of a complaint, and if necessary cause of a claim of the Customer against So Buzzy GCV. This period cannot be suspended and can only be interrupted by a legal action.
Even in the event of a serious error, any liability of So Buzzy GCV for damages is limited to the amount billed by So Buzzy GCV during the last 6 months of the collaboration.
So Buzzy GCV may use personal data of the customer to provide the customer with informative news items about new products and services of So Buzzy GCV, events related to the operation of So Buzzy GCV, events of partners of So Buzzy GCV, job-related information and vacancies, the activities and services of So Buzzy GCV and/or its partners, the joining of employees, important news items, etc. The customer's details can be transferred to third parties or partners for informative or publicity purposes.
The personal details of the customer can be used by So Buzzy GCV for direct marketing. This allows So Buzzy GCV to inform the customer at regular intervals about its activities and statistics. If the customer does not wish his data to be used for this purpose, he can inform So Buzzy by sending an email to email@example.com. Under no circumstances will this personal data be transferred to third parties.
The Customer has the right, when he proves his identity, to receive the necessary information about the processing around his person on simple request. The Customer can always correct incomplete data via mail or via e-mail.
Article 10: Dispute settlement
These general terms and conditions and all deliveries or delivered services will be governed by Belgian law. Any disputes in connection with the relationship between So Buzzy GCV and the customer with these general terms and conditions will be handled exclusively by the courts of the legal district of Brussels.
So Buzzy GCV
Van Frachenlaan 3
IBAN BE08 7512 0630 6613