All contracts and quotes issued by Simpl. SRL whose registered office is located at 9, rue Joseph Verhasselt, 1083 Brussels and whose registration number at the Crossroads Bank for Enterprises is BE 0642.923.027 are subject to these general terms and conditions, to the exclusion of those of the Client. The present general terms and conditions govern all the services that the Client may request from Simpl. SRL in the context of his professional activity. These general terms and conditions are mentioned in the form of a link on any quotation communicated as well as on any invoice issued within the framework of Simpl. SRL's activities.
The project is described in the specifications included in the quotation. If the project evolves, the quotation is revised and the related work will not be carried out until the Client has approved the new quotation. Simpl. SRL counts the hours worked on the project. It informs the Client on a weekly basis of the elapsed time and warns the Client if it finds that the project will take more or less time than expected, bearing in mind that a working day lasts eight (8) hours.
All the work taken over by Simpl SRL must remain confidential until such work is disclosed by the Client. The Client grants Simpl. SRL the right to use this work for promotional purposes (e.g. in a professional book).
It is established that any work carried out by Simpl. SRL remains its exclusive intellectual property, apart from the data provided by the Client. Simpl. SRL retains the right of reproduction of its works, including those produced on behalf of the Clients, except when the rights are expressly assigned to them in writing.
Apart from this exception, the Client does not acquire any right on any method or know-how developed by Simpl. SRL and used for the realization of the services. Simpl. SRL will therefore be able to use them freely, subject to its obligation of confidentiality.
The source files also remain the property of Simpl. SRL and cannot be transferred, unless a written agreement between the Customer and Simpl. SRL and a financial compensation is made. The same applies to the models and, more generally, all original works, which remain the property of Simpl. SRL, as well as rejected projects. These documents must be returned to him undamaged and at his request.
The Customer who gives an execution or reproduction order is deemed to have acquired all the necessary rights. He assumes, if necessary together with his own customers, all responsibility towards third parties and therefore releases Simpl. SRL.
Simpl. SRL reserves the right to display its reference as well as a copyright on the results of the services and realizations.
In case of market, all sources and references used may be used only by Simpl. SRL and belong exclusively to it.
In case of cancellation of the contract by the Client before its term, the Client formally commits himself to pay Simpl. SRL the total amount due for the work carried out until then, based on the amounts relative to the current schedule, to the items carried out or in progress and to the additional services carried out.
The Client also undertakes to pay additional cancellation compensation equivalent to 30% of the residual value of the project. Moreover, as far as the deposit paid is concerned, it remains in the possession of Simpl. SRL.
Within the framework of Internet services, the Customer undertakes not to disseminate content of a violent, paedophilic, pornographic or terrorist nature.
Simpl. SRL undertakes to perform the services with all the care customary in its profession and in accordance with the rules of art, according to obligations of means. Simpl. SRL has no obligation or responsibility for materials and products supplied by third parties.
Any complaint, of any kind, must be made within five days of receipt of the goods, by sending an e-mail. The submission of a complaint shall in no case constitute a reason for suspending payment of the invoice.
In case of force majeure, Simpl. SRL will be released from any responsibility for any total or partial non-performance of its obligations. In particular, strikes, lock-outs, floods and damage of nature to the building housing the company, machine breakdowns, fire, theft of material, as well as failures of suppliers or subcontractors are considered as cases of force majeure.
Invoices are due on the due date indicated on the invoice or, by default, in cash at the time of delivery of the goods. As long as the work has not been paid for, the supports, products or work carried out remain in the possession of Simpl. SRL. The Customer can in no case oppose Simpl. SRL a right of set-off.
Any invoice not paid on its due date shall automatically and without notice of default produce interest of 1% per month from its due date. In addition, any invoice not paid on its due date shall automatically be increased by a fixed compensation of 20% with a minimum of 75 euros.
In case of total or partial non-payment of an invoice within 30 days after its due date, Simpl. SRL reserves the right to declare any agreement or contract concluded with the Client resolved at his fault, and this by right, without formal notice, by simple registered letter to the post office.
The suspension or resolution will in no case allow the Customer to claim any damages.
Within the scope of Simpl. SRL's activities, the Customer will be asked to provide personal data. The Customer is informed that the personal data collected and processed in connection with the contract (offer support document or agreement) are strictly confidential. This data is collected and gathered for accounting purposes and for the proper management of the contract and its file in the context of the supply of the following goods and/or services: visual identity, printed materials and web development.
The personal data communicated by the Customer are managed by the data protection officer whose identity is Nicolas Havenith, privacy(at)simpl.be.
The data collected are: surname, first name, address, landline telephone number, mobile telephone number, e-mail address, VAT number (if available) and Crossroads Bank for Enterprises number (if available).
This data will be kept for a period of 5 years. Once this period has elapsed, the accounting and/or legal data will be archived and the other data will be deleted.
In accordance with the legal provisions, the Customer has a right of access to the data, a right of correction or deletion thereof. The Customer also has the right to request a limitation on the processing of his personal data, to object to the processing of his data as well as the right to the portability of his data. He may also object at any time to the use of such data for purposes other than the proper management of his file, if applicable.
If the Customer has any questions regarding his rights concerning his personal data, he can contact the person responsible for processing his data.
Simpl SRL undertakes to implement all appropriate and reasonable technical and organizational measures to ensure the protection of the Customer's data. In this respect, it commits itself to an obligation of means.
The Customer, if he considers that he has been harmed in the context of the protection of his personal data, can contact the data protection supervisory authority (Rue de la Presse, 35, 1000 Brussels, contact(at)apd-gba.be, https://www.autoriteprotectiondonnees.be/contact).
Any dispute relating to the conclusion, validity or execution of these general conditions shall be governed by Belgian law and shall be submitted to the sole jurisdiction of the Courts of the judicial district of Brussels, in French.