The terms and conditions set out here apply in compliance with the legislation in force.
The articles hereinafter define the contractual relations between the limited company (SPRL) SIMPLY BETTER and its customers; by common agreement they form an integral and essential part of the agreements between parties and govern all the terms and methods of their execution, except where stipulated to the contrary, confirmed in writing and signed jointly by the parties.
The General Terms and Conditions hereinafter may not include any crossing out, and they alone are valid, to the exclusion of all other terms and conditions.
a) The price is established based on the services performed and the information supplied by the customer at the time of the contract and can be revised in the event of modifications of these items or of the extent of the services provided.
b) The prices are understood as excluding VAT and other taxes, excluding supplying and excluding transport.
c) In reference to articles 1226 and following of the Civil Code, a customer who breaks the contract in question about unilaterally and prematurely shall pay to SIMPLY BETTER SPRL, according to a penalty clause, as an irreducible fixed amount, a sum equal to the invoices which have been drawn up by SIMPLY BETTER, if this contract has been executed, with a minimum of 62.00 €.
The same shall be true in the event of a breach of the obligations imposed on the customer by the law and in the event of any transmission of inaccurate information on the part of the customer when concluding the aforementioned contract, which shall lead to rendering the contract between SIMPLY BETTER and the customer null and void.
In addition SIMPLY BETTER will have the ability to demand higher compensation for damages and interest when it is able to prove the extent of the harm done to it.
Down payments have to be paid immediately according to the invoice date , but also before events no matter the customer’s general payment terms.
The invoices from SIMPLY BETTER are due on receipt, net and without discount.
In the event of a dispute or a late payment, all the invoices including those that are not yet in arrears are due immediately and without delay.
Non-payment shall lead by right and without notification to the debiting of interest for late payment at the rate of 12% per year.
In addition, as a penalty clause, non-payment gives the right to compensation equal to 15% of the total of the sums due with a minimum of 62.00 €.
Any non-fulfilment of its obligations by the customer gives SIMPLY BETTER the right to stop its services.
During SIMPLY BETTER own events(TO2) , the payment conditions of the quote are valid.
The services or deliveries shall be performed with all necessary diligence and care but may not be the subject of any guarantee of results.
SIMPLY BETTER shall limit itself to performing the services requested by the customer on the basis of the information supplied by it, without taking on, except with express agreement to the contrary, the role of advisor.
SIMPLY BETTER shall not be able to incur any liability in the event of errors, shortcomings or omissions in the information supplied by the customer.
SIMPLY BETTER may not be held liable for delays caused by the suppliers of its customers.
When a customer’s credit deteriorates, SIMPLY BETTER, even after partial execution of the contract, reserves the right to demand from the customer the appropriate guarantees with a view to the correct execution of the commitments made. The customer’s refusal to satisfy this requirement gives SIMPLY BETTER the right to cancel the contract in full or partially.
SIMPLY BETTER reserves the right to carry out compensation of claims between all the claims due from the customer and the sums for which it is the debtor.
In the same way, any advertising operation may be deducted or invoiced by SIMPLY BETTER as it likes from the amount of any invoice.
It is expressly agreed between the parties that SIMPLY BETTER’s liability may not be invoked in any way in the event of the total or partial cancellation of an event or show on account of a change in the regulations, or the withdrawal or cancellation of a permit or authorisation granted to SIMPLY BETTER and/or to DRÔHME, or the alleged or established failure of one or more external service-provider(s), regardless of the consequences.
In particular, SIMPLY BETTER will not be required to pay compensation of any kind on account of loss of profit, lack of earnings, damage to image, refund of costs incurred by the client or by third parties, loss of data or the cost of acquiring products, or for any direct or indirect damage associated with the cancellation of the event should the events mentioned above occur for the reasons stated above. To this end, the client undertakes to waive and also to have its insurers and/or any guest, as appropriate, waive taking any recourse against SIMPLY BETTER should any of the events mentioned above occur.
Every invoice drawn up by SIMPLY BETTER is definitively accepted by the customer if it is not the subject of a challenge with supporting argumentation by recorded delivery letter within one week of its reception.
In the event of disputes, the parties shall attempt to reach an amiable solution.
Failing that, they acknowledge henceforth the exclusive competence of the courts of Brussels, and agree that Belgian law alone shall be applicable.