1. General provisions
1.1. These terms and conditions of sale apply from the signing of an agreement by the customer to the supervision of a GDPR file, the preparation of a GDPR manual or services performed by GDPR guidance, the acceptance of an invoice, the confirmation of an order via e-mail. mail, the signing of a quote, … without this list being exhaustive.
1.2. All previous verbal or written agreements and agreements with regard to these terms and conditions of sale are considered void and are replaced by the conditions stated herein.
1.3. The agreement is entered into on the basis of the prices and rates valid on the date of signature of the agreement, date of the invoice, quotation or confirmation of the order via e-mail
1.4. When a price offer is signed by the customer, a complete and legally valid agreement is deemed to have been concluded.
1.5. Only after this signing or, if applicable, after signing the sales agreement and payment of the agreed advance, GDPR guidance to implement the agreement should proceed under the conditions as further determined.
2. Guidance in the GDPR
2.1. The services of GDPR guidance consist of providing guidance to companies and / or organizations for the preparation of a GDPR manual, both online and offline, offering support for multifaceted questions regarding privacy legislation and being able to act as a contact between the customer and the authorities.
2.2. For all services related to GDPR guidance from the above website, a fixed hourly rate of € 75 (excl. VAT) is charged based on the actual number of working hours worked. This does not apply to price quotes or if a fixed price has been agreed. This also does not apply if the customer has concluded a maintenance contract.
If a fixed price has been agreed, the additional work, that is to say, work carried out on top of the previously determined assignment, will always be carried out at the hourly price and tariff price of € 75 per hour (excl. VAT). The additional works are proven by the mere execution thereof.
2.4. When signing an order form or agreement to which these conditions apply, the full amount due will be invoiced.
3. Duration and termination
3.1 An agreement between GDPR and the client for file management has a minimum duration of 3 years, starting on the date of signature of the agreement. Cancellation is possible by registered letter, 6 months before the expiry of the first 3-year period. If this cancellation occurs late, it will only be considered as a cancellation for the following year. If no cancellation is served, the supervision and monitoring are tacitly extended for the duration of one year.
3.2 GDPR counseling has the right to terminate the agreement with immediate effect without notice or judicial intervention if:
a) The customer does not adhere, improperly or incompletely to the agreement concluded with GDPR guidance including the associated sales conditions. In this context, reference can be made, inter alia, to late payments, the failure to provide the requested data (in time), no transparency and cooperation, etc.
b) The customer has been declared bankrupt. The customer is then not entitled to any compensation.
c) If it appears that the customer does not adhere to the “Fair Information Principles”, GDPRbegeleiding is entitled to terminate the cooperation, to place the online file offline even without the express request of the judicial authorities.
C. GENERAL
1. Copyright
All products and services provided by GDPRbegeleiding may not be processed or processed in other companies or organizations other than the company or organization for which the services were originally provided without the express permission of GDPRbegeleiding. Intervention by a delegate for the privacy in a company or organization is only permitted if the information and tools produced by GDPR guidance are used as provided during the guidance itself and for which the contract was entered into.
The templates, tools concepts or model designs provided by GDPR support remain the property of GDPR support, may not be duplicated for other purposes such as those for the company or organization that entered into the agreement.
GDPR guidance reserves the right to use the knowledge gained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.
GDPR guidance reserves the right to provide services provided at any time as a reference to third parties unless otherwise agreed
2. Execution of the agreement
GDPR guidance will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
If and insofar as the proper execution of the agreement requires, GDPRbegeleiding has the right to have certain work done by third parties who work as DPO as subcontractors.
The customer ensures that all data for which GDPR guidance indicates that they are necessary or for which the customer should reasonably understand that they are necessary for the execution of the agreement, is provided to GDPR guidance on time. If the information required for the implementation of the agreement has not been provided to GDPR guidance on time, GDPR guidance has the right to suspend the implementation of the agreement and / or to charge the customer the additional costs resulting from the delay according to the usual rates. .
GDPRbegeleiding is not liable for damage of whatever nature caused by GDPRbegeleiding based on incorrect and / or incomplete data provided by the customer.
If it has been agreed that the agreement will be executed in several phases, GDPRbegeleiding can suspend the implementation of those parts that belong to a subsequent phase until the customer has approved the results of the preceding phase in writing.
The customer indemnifies GDPR counseling against any claims from third parties who suffer damage in connection with the implementation of the agreement and which is attributable to the customer.
3. Guidance and monitoring
The period for guidance and annual monitoring are binding for 3 consecutive years without any commitment from GDPR guidance. Unless expressly agreed otherwise in writing, non-compliance can never give rise to compensation.
4.Payment, suspension and termination
4.1. Any complaint in connection with an invoice or with invoiced works must be made by registered letter within five days after the invoice has been sent, under penalty of inadmissibility.
If an invoice is not paid within the due date, a reminder will be sent. Administrative costs can be charged for this with a minimum of 20 euros.
At least every invoice that is not paid on time will be increased by 10% or by a minimum amount of 250 euros.
4.2. If a payment reminder remains unsuccessful, GDPR guidance will also suspend all current services until full payment of all outstanding balances. This suspension does not affect the right to demand full payment of all outstanding amounts. Under no circumstances can this suspension give rise to legal claims (damages, etc.) from the customer.
4.3. In the event of a suspension of current services, the fixed costs for this will continue unabated, and these costs will also be invoiced.
4.4. If it is clear that the customer cannot settle the outstanding invoices (for example due to bankruptcy or suspension of payment), or indicates that he does not want to do so, GDPRbegeleiding can immediately and irrevocably terminate this agreement by operation of law and without notice of default, without cancellation or compensation. . This also does not affect the right to demand full payment of all outstanding amounts.
4.5. In the event of serious and / or repeated breaches of this agreement by the customer or in the event of legal intervention, the agreement can be suspended or terminated, as stated in the previous articles.
4.6. A suspension can only be lifted if there is sufficient evidence of compliance with all obligations by the customer.
4.7. In all cases of termination, through GDPR guidance or by the customer, all fees for current services remain due until the effective date of termination of the agreement. Upon termination, GDPRbegeleiding reserves the right to claim full payment of all outstanding amounts, plus interest, and to claim compensation for any damage it has suffered as a result of acts or negligence of the customer.
4.8. All possible administrative costs for the termination of this agreement, both by GDPR guidance and by the customer, are always borne by the customer.
4.9. Upon termination of this agreement, all data on a computer or server managed by GDPR support can be deleted. Loss of this data can under no circumstances give rise to legal claims from the customer.
4.10. As long as the elements that form part of the agreement are not fully paid, they remain fully the property of GDPR guidance and this regardless of the consensus on the modality of the sale. GDPR guidance reserves the right to take them back at the expense of the customer, wherever they may be. In this case, the agreement is dissolved without judicial intervention, without prejudice to the right to compensation under GDPR guidance.
4.11. Every invoice that is not paid on its due date automatically and without proof of default brings a conventional referral interest of 12%.
In addition to and above this conventional referral interest, the customer will also owe compensation for 10% of the amount owed with a minimum of 250 euros for every, even partial, unpaid invoice, even if grace periods are granted. This amount will be due in addition to all legal costs and costs of implementation.
In the event of non-payment on the due date of an invoice, all non-expires
invoices without notice and immediately legally due and payable.
If the invoice is issued at the request of the customer in the name of a third party, the customer remains responsible for payment thereof.
5. Complaints and liability
5.1. All possible cases of force majeure, which are generally all circumstances that prevent, reduce or delay the execution of the order or that would cause an exaggerated increase in the obligations of GDPR guidance, in any case discharge GDPR guidance from its liability. Possibility of not, late or inadequately executing its commitments, without being liable for any compensation.
5.2. GDPR guidance will endeavor to ensure that its performance runs as quickly as possible, technically smoothly and with the least possible inconvenience. Given the technical complexity and diversity of computer technology, GDPR support cannot be held liable for any interruptions, delays, malfunctions or data loss, and does not provide an explicit or implicit guarantee of its performance. Even if the server fails, GDPR support cannot be held liable. GDPR support will, as soon as this problem is noticed, do everything necessary to solve the server problems and to place the website online again.
5.3.GDPR support in its activities depends on the cooperation, services and deliveries of third parties, over which GDPR support can exercise little or no influence. GDPR support can therefore not be held liable in any way for incorrect information or services from third parties or for negligence, omission or non-performance of these third parties.
5.4. GDPRbegeleiding is not liable for infringement of patents, licenses or other rights of third parties through the use of data provided to it by or on behalf of the customer for the execution of the assignment.
5.5. All complaints regarding the delivered services must be brought to the attention of GDPR regulation by registered letter within 8 days after discovery, but no later than within 30 days after completion of the services provided.
5.6. If the customer fails to accept the delivery, the 5-day period begins to run at the time the invoice is sent.
5.7. Any defects in a part of the delivery do not give the customer the right to refuse the whole of the delivery.
5.8. The liability of GDPR guidance is limited to the reimbursement of the price of the non-compliant part of the performance, and cannot give rise to any other compensation.
5.9. The customer remains fully responsible vis-à-vis third parties for the content and form of the services provided, ordered by him.
5.10. The customer indemnifies GDPR guidance against all claims from third parties.
5.11. When paying an invoice, even with a partial payment, it can always be assumed that the works concerning the supervision in GDPR were accepted and approved by the co-contracting party in terms of price and quality, unless the co-contracting party has lodged a protest against the invoice within the below mentioned period.
5.11. GDPR guidance is not liable for damage in the broadest sense of the word, unless this damage is caused by gross negligence or intention of GPR guidance.
5.12. A complaint does not suspend the obligations of the customer.
5.13. The damage suffered by GDPR guidance in the event of cancellation or termination of the agreement by the customer is determined at a maximum of 40% of the value of the contract.
5.14 If the co-contracting party fails to pay the invoice on the due date, the
agreement will be dissolved after GDPR guidance expresses his will to do so by registered letter and without prior notice of default. In this case, GDPRbegeleiding also has the right to claim compensation on top of the outstanding invoice amount, which is set at a maximum of 40% of the value of the contract and, in addition, to demonstrate more damage.
6. Choice of law and jurisdiction
6.1 Only Belgian law applies to all our contracts for deliveries and works.