General terms and conditions Publicea
Article 1. Application of general terms and conditions
These general terms and conditions apply to all offers from and to all agreements with Publicea. By accepting a quote from Publicea the Customer accepts these general terms and conditions.
Article 2. Offers and quotations - order confirmation
All offers and quotations from Publicea are without obligation until the moment of acceptance by the Customer. The agreement is concluded when the Customer signs the quotation unchanged and returns it to Publicea.
Every order or order confirmation by the Customer binds the Customer to the agreement. The agreement replaces all previously concluded oral and/or written agreements. The execution of the contract starts from the signing of the quotation.
Article 3. Cancellation of the order
The cancellation of an order or order confirmation by the Customer is possible as long as Publicea has not yet started its work and subject to payment of compensation of 30% of the agreed price, with a minimum of EUR 1,000.
Article 4. Terms for delivery of services
The delivery times stated in the quotation are given as an indication and do not bind Publicea. Delay in delivery does not entitle the Customer to compensation or price reduction, nor to termination of the agreement.
If the parties have expressly agreed on a binding delivery period, this period will be extended if the Customer fails to provide information, documents, originals or images (in a timely manner) and to accept the improved proofs (in a timely manner), or if the Customer fails to provide additional places orders.
Article 5. Invoicing
Services with a daily rate are billable monthly based on an overview of services, unless otherwise agreed. The price for these services can be unilaterally revised by Publicea as of January 1, based on the evolution of the consumer price index (base year = 2013) as published on https://statbel.fgov.be/ and according to the formula: basic price as agreed * index January 1 year indexing / index month conclusion of agreement.
Services of the 'fixed fee' type are invoiceable after complete delivery, unless otherwise stated in the special conditions. For these services, the Customer agrees to pay an advance of 30% at the start of the agreement, unless otherwise stated in the special conditions.
Services of the type '(one-off) variable/fixed compensation depending on the result achieved' or 'no cure no pay' can be invoiced as follows, unless otherwise stated in the special conditions:
-in the case of a grant project, 50% (of the reimbursement) upon approval of the project, 30% (of the reimbursement) on the first disbursement of grants and 20% (of the reimbursement) on the second disbursement of grants.
-in other cases, 100% (of the compensation) upon achieving a partial or complete result as described in the quotation.
Article 6. Payment terms
Unless otherwise agreed, Publicea's invoices are payable in cash upon receipt. Disputes must be communicated to Publicea by registered letter within eight (8) working days after sending the invoice. Under no circumstances can a dispute justify a postponement or suspension of payment.
All invoices are payable on their due date by transfer to the Publicea account number as stated on the invoice. Each payment will be charged to the oldest overdue invoice, and first to the interest and costs due. Allowed discounts expire if the general terms and conditions of sale are not respected.
If the Customer does not make payment within eight (8) days after receipt of a reminder to do so by Publicea, the Customer owes Publicea late payment interest at the interest rate determined in the Act of 02/08/2002 on Combating Late Payment in Commercial Transactions. A lump sum compensation of 10% of the invoice amount with a minimum of EUR 125 will also be charged. The interest due is calculated from the date of the reminder until full payment. In addition, Publicea reserves the right to suspend further performance of its obligations until the Customer has paid the overdue invoices. Any delay in payment by the Customer will make all amounts due immediately due and payable.
Publicea is entitled to terminate the agreement with immediate effect if the Customer fails to fulfil one or more of its obligations arising from this Agreement in whole or in part (such as non-payment of the invoice) without the Customer being able to claim a refund of prepaid compensation or any damages. Publicea will in any case inform the Customer of this. Furthermore, Publicea is entitled to terminate the Agreement without further notice of default and by operation of law with immediate effect in the event that the Customer has been declared bankrupt, the Customer has requested or accepted a judicial settlement, or more generally the Customer is in default of payment.
Article 7. Liability
Publicea undertakes to carry out all services to be provided with care.
Publicea cannot be held liable for any error (even a gross error) by itself or its employees. Regardless of the cause, form or subject of the claim in which liability is invoked, Publicea will under no circumstances be held liable for any consequential damage, such as loss of expected profit, decrease in turnover, increased operating costs, loss of clientele, which the Customer or third parties would suffer as a result of any error or negligence on the part of Publicea or an employee.
Publicea's liability with regard to services provided to the Customer is in any case limited to either the refund of the price paid by the Customer or the re-performance of the services, at Publicea's option. Publicea's total liability will never exceed the price paid by the Customer to Publicea for the services that gave rise to the damage.
With regard to services provided by third party suppliers, Publicea accepts no liability above or other than the liability that the third party suppliers are prepared to accept for their products or services.
Article 8. Termination of the agreement
Agreements for services of the type 'reimbursement based on a daily rate' can be canceled by registered letter. The agreement ends 2 months after the first day of the month following the date of termination and after payment of all services, unless otherwise stated in the special conditions.
Unless otherwise stated in the special terms and conditions, upon termination of other types of agreements, the Customer will pay all services provided by Publicea, as well as the costs that Publicea must incur as a result of this termination, plus a lump sum compensation of 30% of the amount that Publicea could still have invoiced the Customer if the agreement had been fully executed. In any case, any advance paid remains acquired by Publicea. In addition, Publicea reserves the right to claim higher compensation if it proves that the damage actually suffered is greater than the lump sum damage as determined above.
Each party agrees to grant the other party a reasonable period of time to remedy any shortcomings it may have, and in any case to first seek an amicable settlement.
Article 9. Confidentiality obligation
The parties undertake to keep the commercial and technical information and trade secrets that they learn from the other party, even after termination of the agreement, confidential and to use it only for the execution of the agreement.
At the request of the Customer, Publicea will provide the Customer with a separate confidentiality obligation.
Article 10. Force majeure
Force majeure situations such as strikes, public unrest, administrative measures and other unexpected events over which Publicea has no control, release Publicea from its obligations for the duration of the inconvenience and for their scope, without the Customer being entitled to any price reduction or compensation.
Article 11. Nullity
If any provision of these general terms and conditions is void, the other provisions will remain in full force and Publicea and the Customer will replace the void provision with another provision that approximates the purpose and scope of the void provision as closely as possible.
Article 12. Applicable law – competent court
Belgian law applies to Publicea's agreements. Any dispute relating to the conclusion, validity, execution and/or termination of this agreement will be settled by the competent court in Brussels.