1. Definitions
In these terms and conditions, the following definitions apply:
SmartBuilding.io: The company providing services, registered under BE1011258850, located at Begonialei 9, 2170 Antwerpen.
Customer: The natural or legal person who enters into an agreement with SmartBuilding.io.
Agreement: Any agreement concluded between SmartBuilding.io and the customer.
Services: All services offered by SmartBuilding.io, including but not limited to integration, installation, and consultancy related to building techniques and technology.
2. Applicability
These terms and conditions apply to all quotations, agreements, deliveries, and services provided by SmartBuilding.io unless otherwise agreed in writing.
Deviations from these terms are only binding if and to the extent that they are confirmed in writing by SmartBuilding.io.
3. Quotations and Agreements
All quotations issued by SmartBuilding.io are non-binding and valid for 30 days unless stated otherwise.
An agreement is concluded when the customer accepts the quotation in writing or electronically.
SmartBuilding.io reserves the right to refuse orders without stating reasons.
4. Prices and Payment
All prices are exclusive of VAT and other levies imposed by the government.
Payments must be made within 30 days from the invoice date unless agreed otherwise in writing.
In the event of late payment, the customer is automatically in default and owes interest at a rate of 1% per month on the outstanding amount.
5. Execution of Services
SmartBuilding.io will execute the services to the best of its knowledge and ability, in accordance with the standards of good workmanship.
SmartBuilding.io has the right to subcontract certain tasks to third parties if this is necessary for proper execution of the agreement.
Timeframes for the execution of services are indicative and are never strict deadlines. Exceeding a timeframe does not entitle the customer to compensation or dissolution of the agreement.
6. Customer Obligations
The customer must provide all necessary information and cooperation required for the execution of the agreement.
The customer is responsible for the accuracy, completeness, and reliability of the information provided to SmartBuilding.io.
If the data necessary for the execution of the agreement are not provided to SmartBuilding.io in a timely manner, SmartBuilding.io has the right to suspend the execution of the agreement and/or charge the customer for the additional costs resulting from the delay.
7. Liability
SmartBuilding.io is only liable for direct damage caused by gross negligence or intent on the part of SmartBuilding.io or its employees.
The liability of SmartBuilding.io is limited to the amount covered by its insurance, or if the insurance does not cover, up to the invoice amount of the agreement in question.
SmartBuilding.io is not liable for indirect damages, including consequential damages, lost profits, missed savings, and damage due to business interruption.
8. Force Majeure
SmartBuilding.io is not obliged to fulfill any obligation if it is hindered by force majeure.
Force majeure includes any circumstance beyond the control of SmartBuilding.io that temporarily or permanently prevents the fulfillment of the agreement.
In the case of force majeure, SmartBuilding.io has the right to suspend the execution of the agreement or dissolve the agreement without any obligation to pay 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 customer, SmartBuilding.io has the right to terminate the agreement with immediate effect.
10. Intellectual Property
All intellectual property rights related to the services and products of SmartBuilding.io belong to SmartBuilding.io.
The customer is granted only a non-exclusive, non-transferable right to use for the duration of the agreement.
11. Confidentiality
Both parties are obliged to maintain confidentiality of all confidential information obtained from each other or other sources in connection with the agreement.
Information is considered confidential if it has been communicated as such by the other party or if it arises from the nature of the information.
12. Applicable Law and Disputes
All legal relationships to which SmartBuilding.io is a party are exclusively governed by Belgian law.
Disputes between SmartBuilding.io and the customer shall be submitted exclusively to the competent courts of the judicial district of Antwerp.
13. Amendments
SmartBuilding.io reserves the right to amend or supplement these terms and conditions.
Amendments will be communicated to the customer in writing at least 30 days before they take effect.
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