Terms and Conditions
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The present terms and conditions form an integral part of any agreement entered into with Flow bv, with registered office at Martelaarslaan 21, 9000 Ghent (Box no. 601), or one of its representatives. Deviation from these conditions is only possible in writing.
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The customer acknowledges having read these terms and conditions of sale and declares to accept them and agree to their applicability to all legal relationships with Flow.
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Our quotes are non-obligatory and non-binding.
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Orders will only be accepted provided that they reach us in writing, dated and signed. Each order implies that the buyer unconditionally agrees to our prices and our terms of sale and payment.
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Our prices are exclusive of 21 % VAT.
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Our rates are subject to an annual indexation on 1 February, according to Agoria's price revision formula for the digital sector. The following formula applies: P = P0 [0,20 + 0,80 (L/L0)]
P = new rate to be applied
P0 = last rate applied
L = reference cost of salary Agoria Digital - PC 200 applicable in the month preceding the price revision
L0 = reference cost of salary Agoria Digital - PC 200 applicable in the month prior to the last price revision. -
All remarks, duly substantiated, must be made by registered letter, within eight days after the date of the invoice or bill. All invoices are payable in Ghent by the due date and without discount unless otherwise stated. The payment of this invoice does not prove that the previous ones have been paid. No deduction for guarantee or any other reason may be made by the customer. In the event of non-payment by the due date, an interest of 12% will be charged with a minimum of € 50.00. We only recognise the addressee as debtor. In the event of legal action being taken to collect the invoice amount, the principal will be increased by 20% (with a minimum of € 50.00) plus all legal prosecution costs, without notice of default being required (Art. 1147, 1152 and 1229 of the Civil Code). Bills of exchange do not alter this provision in any way. The courts of Ghent have exclusive jurisdiction over any disputes that may arise.
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All goods delivered remain the property of Flow until full payment of the principal, interests, costs and taxes. In the event of non-payment Flow can proceed to the immediate dissolution of the agreement by simple written notice eight days after a notice of default remained without effect; all this without prejudice to the right to proceed to take back the products, goods and equipment, that were placed with the customer and that have remained the property of Flow bv, and to discontinue the services provided. Flow may then proceed to claim reimbursement of the expenses incurred and compensation for the damage suffered.
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The acceptance of a bill of exchange does not lead to a novation, so that the current terms and conditions of sale remain fully applicable. All associated costs shall be borne by the customer and shall be payable in cash.
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The mention of delivery times only constitutes an indication. In no event can a delay give rise to the payment of damages or the dissolution of the agreement. Flow reserves the right to make partial deliveries. In the event of non-delivery of the goods and services, any advances paid by the customer shall be refunded without interest or other compensation.
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Any cancellation of an order by a customer must be made in writing. In case of cancellation of the order, the customer shall owe a lump-sum compensation equal to 10% of the total amount of the cancelled order, with a minimum of €1,000. Non-acceptance of the cancellation must be notified by Flow in writing within 8 calendar days of receipt of the cancellation.
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Any rental, loan or resale of the product or service sold without the prior written consent of Flow is not permitted.
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Flow bv processes the data of customers and prospects for customer management, direct marketing and to keep them informed about the products, services and activities of Flow bv, unless the customer objects. In accordance with the law of 8.12.1992 on the protection of privacy in relation to personal data processing, Flow bv will, at the request of customers and prospects, provide access to their data and grant the right to rectification. Additional information can be obtained from the public register of automated processing.
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Any dispute relating to the conclusion, validity, interpretation or execution of this agreement and of any agreements resulting therefrom shall be governed by Belgian law and shall fall within the exclusive jurisdiction of the courts of the registered office of Flow bv.
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For the duration of the contract and for a period of six months following the termination of the contract, the customer undertakes not to approach Flow's staff and consultants with a view to employing them, directly or through third parties, in the capacity of employee or self-employed person. In case of a breach of this undertaking, the customer will be liable to pay the amount of the damages incurred.