These conditions apply to all offers, supplies, transportation and invoicing based on Smart Sunday BVBA (hereinafter referred to as Smart Sunday) and all agreements between SMART SUNDAY and also the customer, not consumers, to the extent not expressly and of writing. These conditions prevail always in terms of another party or issued by a third party, unless and only to the extent otherwise expressly agreed between the parties.
All offers SMART SUNDAY, as well as the data provided by it, are not binding, are only for information purposes and not binding SMART SUNDAY. Quotations lead only to a contract if they are confirmed by both parties in writing by the buyer after acceptance. The subject proposal prices, unless otherwise agreed, for thirty (30) days from the date of the offer.
SUNDAY SMART reserves the right to make changes and additions at any time to the previously communicated by its product or service specifications, in case they are the result of the technical development of the products, services or economic conditions.
The prices of SMART SUNDAY based on the values of wages and materials, foreign exchange rates, tariffs, levies and taxes in force at the time of the offer / tender. SMART SUNDAY reserves the right to index the rates increase if one or more of the preceding price elements. If there is no index contract was agreed, subject to the index of the FPS Economy. http://statbel.fgov.be/nl/statistieken/cijfers/consumptieprijzen/consumptieprijsindexen/
DELIVERY OF SERVICES
The delivery is in principle from the offices of SMART SUNDAY, unless otherwise agreed in writing. Any transport costs are, unless otherwise agreed, on behalf of the customer. The deadlines proposed by SMART SUNDAY are indicative and not binding. Delay in delivery does not entitle to damages or to terminate the agreement.
PLANTS AND INTERVENTION
The software products of SMART SUNDAY in theory be offered as Software as a Service. In the case of installations and / or necessary interventions, the customer will be all for the performance of the work necessary facilities (such as to free access to the software and associated software documentation for the diagnosis, electricity, Internet, presence of the customer or designated by the customer or appointed person who personally uses the software, and is aware of the needs of the customer …) Installation can not proceed because of the lack of these facilities will be billed separately by SMART SUNDAY.
All payments must be made in cash upon delivery or pick-up, unless expressly agreed otherwise in writing. For assignments with an order above 1.000 EUR, we require an advance of 40% – Payment without possibility of setoff or discount. In the absence of payment by the due date on the invoice amount, automatically and without prior notice, for delay of twelve (12)% per annum from the due date until the date of full payment. Moreover, in case of non-payment, as of right and without prior notice, owe a penalty of ten (10)%, with a minimum of € 150. SMART SUNDAY will also be entitled to default without notice of default and of law to suspend all further deliveries to the customer and / or rescind current contracts, and the products delivered without delay at the expense of the customer pick up.
The developed software components remain at all times the property of SMART SUNDAY. It is not allowed the customer to sell the software or encumber with a real right.
SMART SUNDAY retains all rights to the intellectual property which SMART SUNDAY, its affiliates, contractors, directors, officers and/or employees have developed or provided in the performance of the Services. The Client Entity shall only have the right to use such intellectual property as expressly granted in this Agreement or by Applicable Law. Any right of use shall be non-exclusive, for the term of the Agreement and non-transferable.
If any documents or information are provided by the Client Entity to SMART SUNDAY, the Client Entity shall ensure that such documents or information shall not infringe any intellectual property rights or breach of other legal rights of any third party.
SMART SUNDAY, in the event of force majeure, including but not limited to, eg. war, mobilization, riots, martial law, strikes or lockouts, fire, lightning, power surges, partial or total blockage of the communication device, illness or accident among the staff of SMART SUNDAY, company disorder fully or partially paralyze or hinder its systems by hackers or viruses, or default by the suppliers of SMART SUNDAY, always have the right to either its commitments to suspend as long as the force majeure lasts, or, if the force majeure more it takes six months to cancel the sale by right, without SMART SUNDAY held in one of the two cases for damages.
If an agreement for software development is unilaterally terminated by the customer, he will owe damages to SMART SUNDAY equal to 30% of the agreed price. Termination of license agreements serve the customer at least 3 months prior to the renewal by registered letter to be reported.
ACCEPTANCE AND WARRANTY
A complaint or protest the bill can only be accepted if made in writing within 8 days from the invoice date. – All goods, works and services shall be deemed to have been accepted in their delivery by the customer. The payment of the products and services means that the buyer accepts the incorrect delivery. All works SMART SUNDAY are guaranteed for 8 days from delivery to visible defects and guaranteed for two months from delivery against hidden defects.
LIMITATION OF LIABILITY
SMART SUNDAY will in no event be liable holds for any damage related to the use of the delivered products or related information and / or documentation, nor for any other damage that is not the direct and immediate consequence of SMART SUNDAY, including, but not limited to, communication, loss of revenue, third party claims, loss of data, damage and / or defects caused by materials or information supplied by the customer or by third parties.
In no event SMART SUNDAY be liable for defects in the material, hardware, peripherals or software which were implemented by products supplied by or on the instructions of the customer.
The liability of SMART SUNDAY concerning direct damage will be limited to recovery in kind. If no recovery in kind is possible, the liability of SMART SUNDAY will be limited to the amount covered in the case concerned the liability insurance operation and / or after delivery by SMART SUNDAY. If, for whatever reason, has no cover under the liability insurance operation and / or BA can be invoked after delivery, any liability claim in principal, interest and costs, limited to half of the amount the customer paid for under the relevant agreement sold products or services. The customer declares to be fully informed by SMART SUNDAY concerning characteristics, operation, uses and limitations of the equipment and / or software, as well as on the issues of adaptation, installation / integration and expansion that may arise, and waives any claim against SMART SUNDAY matter.
SMART SUNDAY is not responsible for the choice and suitability of the equipment and / or software in order to obtain the desired results.
For installations or performances by SMART SUNDAY i.v.m. internet, SMART SUNDAY be held responsible under any circumstances for the consequences of the use of the Internet, nor for “hacking”, abuse of information, damage or loss of data, the content of the website (s) of the customer and compliance with its existing laws and regulations, the quality of the telephone line or leased line, etc. Costs charged by third parties, may be recovered in any way SMART SUNDAY unless with prior written consent.
- For web sales via Coursebasket.com or Fortigro.com below apply specific conditions to the extent and to the extent that they differ from the other general purchase and sale Smart Sunday.
- The customer order through our websites will only lead to an agreement from the moment of full payment by the customer on the payment method specified by SMART SUNDAY.
- Delivery by SMART SUNDAY done by delivery of the products ordered online through SMART SUNDAY.
The invoices will be submitted electronically via the delivery platform chosen by the customer. If the customer still wants his bill submitted on paper, this can be done via simple request to SMART SUNDAY.
JURISDICTION AND APPLICABLE LAW
These general conditions and all agreements between SMART SUNDAY and the customer is exclusively governed by Belgian law. The courts of MECHELEN have exclusive jurisdiction to hear disputes arising.