General conditions
So Buzzy BV
BE0502.544.528
In these general conditions, the two parties are referred to below as ‘So Buzzy BV’, the communications agency and publisher of the conditions, and ‘Client’, the client of So Buzzy BV or end user of a So Buzzy BV service. These general terms and conditions apply in their entirety to every invoice issued by So Buzzy BV and to every agreement that the customer enters into with So Buzzy BV subject to acceptance of an offer.
These terms and conditions supersede and prevail over any contrary terms and conditions of the Customer. If one or more of the provisions of these general terms and conditions should lapse, the remaining provisions of these general terms and conditions shall continue to apply. In that case, the parties will consult to agree on substitute provisions, relying as much as possible on the purpose and intent of the original provision.
Article 1. Quotations
All quotations of So Buzzy BV are based on the information provided by the Customer. The Client warrants that to the best of his ability he has provided all information essential to the design, execution and completion of the assignment. The Client shall provide So Buzzy BV with all documents, information and contacts in a timely manner that are necessary for the proper execution of the order.
Quotations made by So Buzzy BV are non-binding and valid for 30 days, unless otherwise indicated. So Buzzy BV is only bound to the quotations if their acceptance is confirmed by the Customer in writing and within 30 days, unless otherwise indicated or agreed. So Buzzy BV has the right to still revoke the offer within 3 working days after the acceptance thereof by the Customer.
The prices in the mentioned offers are always exclusive of VAT, other government levies and other costs incurred for the order, such as shipping and administrative costs, unless otherwise indicated or agreed upon in writing.
If the acceptance differs from the offer included in the quotation, So Buzzy BV is not bound by it. The order will then not be established according to this deviating acceptance, unless So Buzzy BV indicates otherwise.
In case of verbal (or telephone) changes to the order by Customer, without written confirmation, the risk of implementation of the changes shall be borne by Customer. Any additional costs associated with changes to the original order communicated verbally or in writing by the Customer shall be borne entirely by the Customer.
If So Buzzy BV engages third parties for the execution of the order (Google, Facebook, LinkedIn, etc.), the costs charged by these third parties will always be charged to the Customer in full, with a minimum margin of 2.5% (and a flat rate of €25 for costs up to €1000). So Buzzy BV is entitled to request a (periodic) advance on these costs or to pre-invoice them in full or in part.
Article 2. Payments
Payments must be made within 30 days of the invoice date, unless otherwise agreed in writing, in a manner and currency specified by So Buzzy BV. Invoices are sent digitally by e-mail or when requested by the customer on paper via regular mail.
Invoice protest must be made in writing no later than 8 days after the invoice date. One is requested to always indicate the date and number of the invoice. In the absence of a response after the aforementioned period, the Customer is deemed to have agreed to the billing, and cannot go back on it.
Failure to pay on time will result in an initial free reminder. If payment is again not made within the stipulated payment period as stated on the first reminder, interest on arrears will be charged as stipulated by the Law of August 2, 2002 on combating late payment in commercial transactions as well as a flat fee as follows:
- 20 euros if the balance due is less than or equal to 150 euros;
- 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
- 65 euros plus 5% of the amount due on the tranche above 500 euros with a maximum of 2000 euros if the balance due exceeds 500 euros.
The reminder fee for each additional reminder is 7.50€ plus the postage costs applicable at the time of sending.
Article 3. Execution of the agreement
So Buzzy BV performs the work within the scope of the assignment to the best of its knowledge, expertise and ability. To the extent necessary for the proper execution of the order, So Buzzy BV has the right to have (parts of) the work performed by third parties.
So Buzzy BV does not accept any liability for work performed by third parties, insofar as they themselves have entered into an agreement with the Client.
So Buzzy BV is also not liable for any damage caused because it relied on incorrect and/or incomplete data provided by the Customer, unless the incorrectness or incompleteness of the data should have been known to it.
Where it was agreed that the order will be carried out in phases, So Buzzy BV may suspend the execution of those parts belonging to a subsequent phase until the Client has approved in writing the results of the preceding phase.
Unless otherwise agreed, the assignment does not include the examination of 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 BV is at all times entitled to mention or remove its name on or near the final product, and the Client is not permitted to publish or reproduce the work without written permission from So Buzzy BV.
Article 4. Duration of the agreement
So Buzzy BV promotes the interests of the Client within the limits of the order given. Unless expressly agreed otherwise in writing, or unless it arises from the nature of the assignment, the client’s assignment to So Buzzy BV is for an indefinite period of time, on the understanding that from the moment the relationship has lasted six months both parties may terminate it by registered letter with due observance of a period of six months. During the six-month period mentioned in the preceding paragraph, the Client is obliged to comply with the applicable fee arrangements with the So Buzzy BV as if no termination had occurred.
Article 5. Modification of assignment
The Client accepts that the time schedule of the assignment may be affected if the parties decide to change the approach, method or scope of the assignment and the resulting work in the interim. If changes in the execution of the order arise from the Client in the interim, So Buzzy BV will make the necessary adjustments on behalf of the Client. If this results in additional work, it will charge this to the Customer as an additional order. So Buzzy BV may charge the additional costs of modifying the order to the Customer.
Article 6. Breaking the agreement
If the Customer fails to fulfill an obligation as included in the agreement, or only partially, So Buzzy BV has the right to suspend all agreements entered into between the Customer and So Buzzy BV until such time as the Customer has fulfilled all obligations, or to terminate these agreements without prior notice of default due to default, without any right to compensation or restitution from the Customer.
In such a case, the Customer shall automatically, and without any notice of default being required, owe default interest on the outstanding amounts of 1% per month from the invoice date, as well as liquidated damages of 10% on the outstanding amounts, with a minimum of EUR 150.00 per invoice.
In case of liquidation, bankruptcy, cessation of payments or under application of the legislation on the continuity of the Customer’s companies, So Buzzy BV shall be entitled to demand immediate payment of all outstanding claims with immediate effect and without notice of default, as well as to suspend and/or terminate the agreement until payment of all outstanding amounts or fees.
If the Customer terminates the contract early, the Customer is in no case entitled to a refund of the portion already paid. Upon termination of the agreement by the customer, the customer is also liable to pay liquidated damages amounting to 15% of the value of the order, with a minimum of €100.00 and this under the express reservation of the possibility of So Buzzy BV to recover the actual (higher) damages.
Article 7. Liability
So Buzzy BV is not liable for indirect damages such as, among others, commercial or financial losses, loss of profits, loss of clientele, etc.
So Buzzy BV shall only be liable for actual and proven damages resulting from the obligations contained in the agreements entered into with the So Buzzy BV, thus excluding any other implied or non-written obligations.
Article 8. Complaints and claims
Complaints regarding the services provided by So Buzzy BV should be reported by the Customer to So Buzzy BV by registered mail within 8 days of discovery, failing which the complaint will be considered non-existent.
All claims of the Customer against So Buzzy BV, for whatever reason, shall expire after 6 months from the occurrence of the fact that gives rise to the filing of a complaint, and if applicable is the cause of a claim of the Customer against So Buzzy BV. This term cannot be suspended and can only be interrupted by court action.
Even in case of serious fault, the possible obligation of So Buzzy BV for compensation is limited to the amount invoiced by So Buzzy BV during the last 6 months of the cooperation.
Article 9. Privacy and personal data processing
So Buzzy BV may use the Customer’s personal data to provide the Customer with informative news items about new products and services of So Buzzy BV, events related to the operation of So Buzzy BV, events of partners of So Buzzy BV, job-related information and vacancies, the operation and services of So Buzzy BV and/or its partners, joining of employees, important news items, et cetera. Customer data may be transferred to third parties or partners, for informational or advertising purposes.
This personal data of the Customer may be used by So Buzzy BV for direct marketing. This allows So Buzzy BV to inform customers about its activities and statistics at regular intervals. If the customer does not wish their data to be used for this purpose, they can let us know at info@sobuzzy.be. Under no circumstances will this personal data be transferred to third parties.
So Buzzy BV reserves the right to modify this privacy policy at any time and in accordance with the Privacy Protection Act of December 8, 1992. The Customer always has a legal right to complete, correct or delete all or part of his personal data. So Buzzy BV undertakes to comply with the Customer’s request within 15 working days. The Customer may send So Buzzy BV a written request to this effect by mail or e-mail.
The Customer has the right, upon proving his identity, to receive the necessary information regarding the processing around his person upon simple request. The Customer can always correct erroneous or incomplete data by mail or e-mail.
Article 10. Dispute settlement
Any agreement between So Buzzy BV and the Customer is governed by Belgian law. Any agreement between So Buzzy BV and the Customer is governed by Belgian law. The courts of the judicial district of Leuven shall have exclusive jurisdiction to hear disputes concerning this agreement.
So Buzzy BV
Registered office
Vondelweg 30
3118 Werchter
Office
Stationsstraat 185 bus 0102
3110 Rotselaar
BTW BE0502.544.528
IBAN BE08 7512 0630 6613