- General Provisions
The general conditions define, without prejudice of any special conditions, the respective obligations of I.CY – Catie Young and her client (or co-contracting company) on the provision of services by I.CY, head office at Rue de la Ferme 9, 1210, Brussels, referenced to the Crossroads Bank for Enterprises (CBE) under the number 0798.082.148.
The client expressly recognizes having read and understood these general terms and conditions and accepted them unconditionally.
These provisions remain applicable and can only be derogated from under express written agreement outlining any modifications to these general terms and conditions. In case of discrepancy, it is agreed that the special provisions specifically accepted take precedence over the general provisions. In addition, it is also agreed that in case of conflict between the general conditions of the client and those of I.CY, only the latter will prevail.
Any services entrusted by the client to I.CY will be subject to a free cost estimate fixed by I.CY. The client who wishes to use the services of the company is invited to return the dated and signed document, with mention “agreed and signed” and the terms and conditions signed to the following email address: email@example.com.
The services shall comprise exclusively of those as described in the offer or the potential contract and, as the case may be, the changes and addenda expressly agreed between the parties at a later date.
The client is also informed that the realisation of agreed services may be subject to the prior payment of a deposit, as mentioned on the document supporting the offer. The deposit is in principle at least 25% of the total amount of the benefits. In this case and if the deposit is unpaid, I.CY reserves the right to suspend the performance of its services until full payment of the agreed deposit.
3. Right of withdrawal
The client acting for private purposes has a period of 14 calendar days to retract his order in the case of a distance or off-premises contract, without having to justify his decision. The period starts from the confirmation of the order (provision of services). In this case, the client must inform the company clearly and unambiguously either by mail to the following address: firstname.lastname@example.org, or by written letter addressed to the head office Rue de la Ferme 9, 1210, Brussels. In the case where the client makes use of his right of retraction, the costs of return are included in its accounts.
The present agreement is concluded either for the realization of recurring services (successive contracts), for a clearly defined service, or for a definite duration (i.e. document of the offer or the order)
In the case where the agreement is concluded for a clearly defined service or a definite duration, this one ends once the service is terminated or the term of the agreement expires. However, the client, if he/she so wishes, may terminate this agreement in anticipation, but the services provided and a lump-sum indemnity of 30% of the total amount due for loss of earnings must also be paid (Article 1794 of the Civil Code).
However, this agreement will be terminated ipso jure and without prior notice by I.CY in the cases stipulated below, without prejudice to the right of the party invoking this express termination clause to claim compensation:
- in the event of the bankruptcy of one of the parties to this agreement;
- in the event of circumstances endangering professional independence;
- in the event of a serious breach by one of the parties to its obligations under this agreement: for example non-payment of benefits, non-disclosure of the documents required to perform the services, etc.
If the client meets one of these conditions, he/she will be informed by Catie Young, Director of I.CY and in writing of the reasons justifying the termination of the agreement.
Except in the case where the client is the cause, he/she may terminate this agreement without compensation or compliance with a notice period when the provider remains in default of performance of its obligations. In this case, the client will first send a letter of formal notice to the provider and will leave him a reasonable time to perform the obligations for which he/she remains in default.
5. Deadlines and place of work
Deadlines are indicative and are set in working days. Missing them cannot lead to the cancellation of the contract.
If a deadline is imperative, it must clearly be specified to I.CY or on the support document of the offer. In this case, if the deadline is not respected, it opens the right to the client to claim a lump sum fixed at 5% of the total amount of the services object of the delay.
However, in case of force majeure (without this list being exhaustive: strikes, lockouts, bad weather, storms, fires, floods, wars, bugs or computer viruses, technical incidents, delays of the supplier, shortage of hand -work, illness) or unforeseen circumstances, the deadlines are suspended until the case of force majeure or the unforeseen circumstance ends.
In any case, the following circumstances release us from our deadlines:
- if the terms of payment are not respected by the client;
- if significant changes or modifications are decided by the client in progress or in case of unusual repetition of correction. If these modifications or corrections entail an additional cost of more than 10% of the amount initially agreed, the client will be informed and is already informed that these costs will be at his expense;
- if the client does not provide us with the necessary information to execute the order within the specified period.
The client is informed that in case of non-performance, partial or incomplete performance of his obligations (for example, non-payment of agreed benefits or instalments), the service provider is entitled to suspend or defer the execution until the client has regularized his situation. In this case, the service provider will inform the client by email so that he/she can fulfil his obligations within the specified time.
Without written agreement to the contrary, the services will be performed from the offices of I.CY. Otherwise, the client will specify to I.CY the location and the equipment necessary for the proper performance of its services, the costs being borne by the client.
6. Obligations of the parties
I.CY and the client will each look after each other’s interests and act fairly and in good faith.
I.CY contracts an obligation of means. Services performed are entrusted to the company independently. I.CY and its employees are committed to respecting the specific standards of their profession and to providing services in accordance with the various legislations in force.
Unless otherwise stipulated, I.CY and its employees are not required to check the accuracy and completeness of the information provided to her by the client or its agents, as well as the reliability of the various documents and documents sent by the client. The client guarantees I.CY against any recourse in this regard.
The client undertakes to make available to the service provider, in due time, all the documents, pieces, data and information necessary for the performance of the agreed service. He/she is committed to inform the provider in good time of any information, data or event likely to have an impact on the performance of the service.
Finally, when the services provided by I.CY do not match the client’s expectations, the client informs the provider without delay. Otherwise, I.CY is entitled to consider the services as done and performed with the full satisfaction of the client.
I.CY and the client are both bound by the confidentiality of the data exchanged as part of the services provided by I.CY. They are committed to refrain, both during and after the termination of the services, to disclose the manufacturing or business secrets of each, as well as the secrecy of any personal or confidential matter of which they would have become aware in the exercise of their activity.
I.CY and the client are committed to use the information received only in connection with the proper performance of the services and to authorise access to this information only to members of staff and to third parties who must take cognizance of it for the good performance of the contract. In the latter case, this obligation of confidentiality is itself imposed on anyone having access to the information concerned.
The fixed prices are denominated in Euros (specify VAT included/ not included). The price will be decided according to the service performed. It will be detailed in the offer given to the client.
Without a written agreement to the contrary, the client agrees that I.CY privileges electronic billing. Invoices are payable on or before the due date indicated on them.
Any invoice unpaid at the end of the term will, in addition, be increased, ipso jure and without notice, of a fixed and irreducible compensation of 10% of the amount remaining unpaid with a minimum of €40.00 per invoice. Any dispute relating to an invoice must be received in writing, within eight clear days of its sending. After this period, the invoice will be presumed accepted by the client.
Any modification to the services initially agreed upon must be the subject of a written amendment signed by all the parties.
The service provider reserves the right to modify the present general conditions. The conditions applicable to the services are those that have been accepted at the signature of the document supporting the offer.
10. Severability clause
Should one of the clauses above or part of one of the clauses above be legally invalid, validity of the other clauses of these General Terms remains unaffected.
Except in the case of payment claims, the parties are committed to try to resolve by mediation or conciliation any dispute relating to the validity, interpretation or execution of this agreement.
Unless otherwise provided by public law or otherwise, in the event of dispute between the parties or proceedings for payment, the courts of Brussels shall have exclusive jurisdiction.
The applicable law is Belgian law.
The parties accept, in the context of their relations, the electronic means of proof.
12. GDPR – Data Protection
The client is informed that the personal data collected and processed in connection with the contract are strictly confidential. This data is gathered and collected for accounting and good management purposes of the contract and the dossier in connection with the provision of the following services: communication projects.
The personal data communicated by the client is managed by the data controller whose identity is Catie Young.
The collected data are: the name, the first name, the address, the email address, the telephone number, the name of the website, the url of social media channels.
These data will be kept for a period of 5 years. Once the deadline has expired, the accounting and / or legal data are archived and the other data are deleted.
In accordance with current EU law the client has a right of access to data, a right to rectification or deletion thereof. The client also has the right to request a limitation on the processing of his personal data, oppose the processing of his data and the right to the portability of his data. The client can also oppose at any time such data being used for purposes other than those of the proper management of its file, if need be.
For any questions regarding your rights concerning your personal data, do not hesitate to contact the controller of your data processing. Catie Young is committed to implementing all appropriate and reasonable technical and organizational measures to protect the client’s data. She undertakes in this respect to an obligation of means.
The client, if he/she considers that he/she has been harmed in the context of the protection of his personal data, may contact the supervisory authority:
‘Autorité de protection des données’ Rue de la Presse, 35, 1000 Bruxelles
Tel : +32 (0)2 274 48 00; Email: contact(at)apd-gba.bewww.autoriteprotectiondonnees.be/contact