Algemene voorwaarden

Definitions and Scope

1.1. These general terms and conditions for the delivery of services (hereinafter referred to as “General Terms and Conditions”) apply to all orders placed with BV Fuss Agency, with its registered office at Stadswaag 14 bus 5, 2000 Antwerp, registered under the number 0767.967.905 in the Crossroads Bank for Enterprises, hereinafter referred to as the “service provider.”

These General Terms and Conditions constitute the agreement that binds the service provider and the customer, hereinafter referred to collectively as the “parties.”

The “customer” is any natural or legal person who orders services from the service provider.

The “consumer” is the customer, a natural person, acting for purposes that fall outside their trade, business, craft, or profession.

1.2. Unless expressly agreed otherwise in writing, these General Terms and Conditions are the sole terms between the parties. They exclude the general or special terms of the customer that the service provider has not explicitly accepted in writing. By placing an order or receiving the invoice, the customer is deemed to have known and accepted these General Terms and Conditions. A customer who has previously contracted with the service provider under these General Terms and Conditions agrees to their application for all subsequent agreements.

These General Terms and Conditions are freely available at any time on the service provider’s website: www.fuss.agency, so the customer, when placing an order, must declare that they are aware of the General Terms and Conditions and confirm that they accept the rights and obligations arising from them.

The service provider reserves the right to modify these General Terms and Conditions at any time, without prior notice, provided that these changes are displayed on its website. These changes will apply to orders for services placed thereafter.

Offer and Order

2.1. To place an order, the customer selects the service(s) they wish to order and notifies the service provider by phone, mail, email, or, if applicable, through an online form.

2.2. The service provider’s offer is valid for the period specified in the offer. If no period is specified, the offer is valid for 30 days.

2.3. The customer must provide all information necessary for the service provider to effectively execute the order. The responsibility for the accuracy of the information lies solely with the customer. The service provider is not required to verify the accuracy of the data provided by the customer.

2.4. The service provider sends the customer an offer or order confirmation and, unless otherwise agreed, requests an advance payment of 30% of the total amount.

It is the customer’s responsibility to verify the accuracy of the order and promptly notify the service provider of any errors.

2.5. The service provider is free to discontinue negotiations at any time. If it is determined that the service provider incorrectly terminates negotiations, the service provider may only be held liable for proven damages, which in any case are capped at 250 EUR.

2.6. The service provider reserves the right to suspend, cancel, or refuse the customer’s order, especially if the data provided by the customer is found to be incorrect or incomplete, or if there is a dispute regarding the payment of a previous order.

2.7. In the event of cancellation of the order by the customer for any reason, and unless due to force majeure, after it has been accepted by the service provider, the service provider will charge a compensation fee of 30% of the order price, which will be invoiced to the customer, without prejudice to the service provider’s right to claim a higher compensation if the actual damages are greater.

Invoicing and Payment

3.1. Invoices are payable in the currency of the invoice at the service provider’s registered office no later than thirty days after the invoice date, unless otherwise agreed.

3.2. The service provider has the right to invoice periodically, not just at the end of the assignment.

3.3. Any disputes regarding an invoice must be sent by regular and registered mail to the service provider’s registered office within eight days of receipt of the invoice. Failure to do so means that the customer can no longer dispute the invoice.

3.4. If an invoice is not paid by the due date, the full outstanding amounts become immediately payable, without any prior notice.

Any invoice that remains unpaid on the due date will automatically accrue an interest of 8% per year for individuals, and the Law of August 2, 2002 will apply to businesses.

In addition, any unpaid invoice will also be increased, by default and without prior notice, with a flat-rate compensation of 15% of the outstanding amount.

3.5. The service provider is allowed to transfer the claim or subrogate it to third parties at any time.

Pricing

4.1. Unless otherwise agreed in writing between the parties, services are invoiced on a time-and-materials basis. If fixed prices are quoted, they are considered relative estimates. If the agreement is entered into with a fixed price, this does not cover any additional assignments that may be agreed upon later. These additional tasks will be invoiced on a time-and-materials basis unless explicitly agreed otherwise.

4.2. The price in the original offer may be revised based on labor costs. This revision is based on the following price indexation formula: P = p * [0.20 + a * (S/s) + b], where ‘P’ is the new price, ‘p’ is the initially agreed price, ‘S’ is the new wage index (the month before the contract is completed), ‘s’ is the original wage index (the month before signing the contract), ‘a’ is the percentage of labor costs in the total price, with a maximum of 0.80, and ‘b’ is the difference between ‘a’ and 0.80.

4.3. In the case of contract extension, the service provider reserves the right to revise the price. Such a price change will be communicated to the customer at least one (1) week after the initial execution period has expired. The customer has the option to oppose this price change within one (1) week of receiving the communication. In this case, the contract will be terminated, and the services delivered after the extension will be charged at the previously agreed price.