General terms and conditions

So Buzzy BVBA

BE0502.544.528

These general terms and conditions state the rules that apply to “So Buzzy BVBA”, the social media agency and publisher of these terms and conditions, and “the customer”, the customer of So Buzzy BVBA or the end user of a So Buzzy BVBA-service. These general terms and conditions shall be applied to every invoice from So Buzzy BVBA and on every agreement between the customer and So Buzzy BVBA 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 BVBA 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 BVBA produced quotations are non-committal and valid for 30 days, unless stated otherwise. So Buzzy BVBA 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 BVBA 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 BVBA is not bound by it. The assignment is not to be delivered as in the deflected expectations, unless So Buzzy BVBA 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 BVBA. 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 BVBA 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 BVBA 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 BVBA may outsource the assignment to one or more third-party suppliers without prior consultation.

So Buzzy BVBA rejects any liability for the work performed by third parties, insofar they have entered into an agreement with the customer.

So Buzzy BVBA 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 BVBA.

When agreed that the order will be executed in phases, So Buzzy BVBA 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 BVBA 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 BVBA.

Article 4: Duration of the agreement

So Buzzy BVBA 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 BVBA 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 BVBA 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 BVBA will make the necessary adjustments on behalf of the customer. If this leads to additional work, So Buzzy BVBA will charge this to the customer as an additional assignment. So Buzzy BVBA 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 BVBA has the right to suspend all agreements concluded between the customer and So Buzzy BVBA 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 BVBA 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 BVBA demands a (higher) amount for damage.

Article 7: Liability

So Buzzy BVBA is not liable for indirect damage such as commercial or financial losses, loss of profits, loss of clientele, etc.

So Buzzy BVBA will only be liable for the actual and proven damage resulting from the obligations included in the agreements concluded with the So Buzzy BVBA, thus excluding any other implicit or non-written obligations.

Article 8: Complaints and claims

Complaints relating to the services provided by So Buzzy BVBA must be reported by the customer to So Buzzy BVBA within 8 days of discovery. Not doing this will classify the complaint non-existent.

All claims of the customer against So Buzzy BVBA, 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 BVBA. 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 BVBA for damages is limited to the amount billed by So Buzzy BVBA during the last 6 months of the collaboration.

Article 9:

So Buzzy BVBA may use personal data of the customer to provide the customer with informative news items about new products and services of So Buzzy BVBA, events related to the operation of So Buzzy BVBA, events of partners of So Buzzy BVBA, job-related information and vacancies, the activities and services of So Buzzy BVBA 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 BVBA for direct marketing. This allows So Buzzy BVBA 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 info@sobuzzy.be. Under no circumstances will this personal data be transferred to third parties.

So Buzzy BVBA reserves the right to change this privacy policy at any time and this in accordance with the law of 8 December 1992 for the protection of privacy. The customer always has the legal right to supplement, correct or delete his personal data in whole or in part. So Buzzy BVBA undertakes to comply with customer’s request within 15 working days. For this purpose, the customer can send So Buzzy BVBA a written request by mail or by e-mail.

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 BVBA and the customer with these general terms and conditions will be handled exclusively by the courts of the legal district of Brussels.

So Buzzy BVBA
Van Frachenlaan 3
1820 Steenokkerzeel
BTW BE0502.544.528
IBAN BE08 7512 0630 6613