General conditions
1. Definitions
In these general terms and conditions, the following definitions apply:
SmartBuilding.io: The company providing the services, registered under BE1011258850, with its registered office at Begonialei 9, 2170 Antwerp.
Client: The natural person or legal entity entering into an agreement with SmartBuilding.io.
Agreement: Any agreement concluded between SmartBuilding.io and the Client.
Services: All services provided by SmartBuilding.io, including but not limited to integration, installation, and engineering studies related to building technologies and systems.
2. Applicability
These general terms and conditions apply to all quotations, agreements, deliveries, and services of SmartBuilding.io, unless otherwise agreed in writing.
Any deviations from these terms are only binding if and insofar as they have been confirmed in writing by SmartBuilding.io.
3. Quotations and Contracts
All quotations issued by SmartBuilding.io are non-binding and valid for 30 days, unless stated otherwise. An agreement is concluded at the moment the Client accepts the quotation in writing or electronically. SmartBuilding.io reserves the right to refuse assignments without stating reasons.
4. Prices and Payment
All prices are exclusive of VAT and any other government-imposed charges. Payment must be made within 14 days from the invoice date, unless agreed otherwise in writing. In case of late payment, the Client shall be in default by operation of law and an interest of 1% per month shall be due on the outstanding amount.
5. Performance of the Services
SmartBuilding.io shall perform the services to the best of its knowledge and ability and in accordance with the standards of good workmanship.
SmartBuilding.io has the right to subcontract certain activities to third parties if this is necessary for the proper execution of the Agreement.
Execution timelines are indicative only and shall never be considered strict deadlines. Exceeding a deadline does not entitle the Client to compensation or termination of the Agreement.
6. Obligations of the Customer
The Client shall provide all information and cooperation necessary for the execution of the Agreement.
The Client is responsible for the accuracy, completeness, and reliability of the information provided to SmartBuilding.io.
If the required information is not provided in time, SmartBuilding.io has the right to suspend the execution of the Agreement and/or charge the Client for any costs resulting from the delay.
7. Liability
SmartBuilding.io shall only be liable for direct damage resulting from gross negligence or intentional misconduct by SmartBuilding.io or its employees.
The liability of SmartBuilding.io is limited to the amount covered by its insurance or, if not covered, to a maximum of the invoice amount of the relevant Agreement.
SmartBuilding.io shall not be liable for indirect damages, including but not limited to consequential damages, loss of profit, lost savings, or business interruption.
8. Force majeure
SmartBuilding.io shall not be obliged to fulfill any obligation if it is prevented from doing so due to force majeure.
Force majeure means any circumstance beyond the control of SmartBuilding.io that permanently or temporarily prevents the performance of the Agreement.
In case of force majeure, SmartBuilding.io has the right to suspend or terminate the Agreement without being liable for any compensation.
9. Termination of the Agreement
Both parties may terminate the Agreement in writing with a notice period of 30 days.
In the event of bankruptcy, suspension of payment, or liquidation of the Client, SmartBuilding.io has the right to terminate the Agreement with immediate effect.
10. Intellectual Property
All intellectual property rights relating to the services and products of SmartBuilding.io shall remain with SmartBuilding.io.
The Client is granted only a non-exclusive, non-transferable right of use for the duration of the Agreement.
11. Confidentiality
Both parties shall treat all confidential information obtained in the context of the Agreement as strictly confidential. Information shall be considered confidential if it has been indicated as such by the other party or if this follows from the nature of the information.
12. Applicable Law and Disputes
All legal relationships involving SmartBuilding.io shall be governed exclusively by Belgian law. Any disputes between SmartBuilding.io and the Client shall be exclusively submitted to the competent courts of the judicial district of Antwerp.
13. Amendments
SmartBuilding.io reserves the right to amend or supplement these general terms and conditions. Any changes shall be communicated to the Client in writing at least 30 days before they come into effect.