Terms & Conditions

General terms and conditions

1.Services
Elavi Agency BV, based at Bastelare 134 – 9080 Lochristi and with company number BE0801.153.781 supports companies in their growth processes and works with them to improve business operations in digital transformation. The Elavi agency is a growth partner in the following specialties:

Provision of IT services through outsourcing of jobs or on a project basis.
Marketing services on an outsourced or project basis.
Odoo implementation projects, maintenance updates, and support.
Job outsourcing for digital or administrative profiles.

2.Duration of agreement
The duration of the agreement is specified in writing when the agreement is concluded, and begins on the date of signature, unless otherwise specified in the offer. Collaborations can be :
On a project basis at a fixed price.
On a recurring basis with a fixed monthly subscription formula.
Or a combination of a fixed project price and long-term collaboration on a flat-rate monthly subscription basis.

Either party may terminate the open-ended agreement by giving 3 months’ notice without compensation. All orders and additional orders will only be executed after written confirmation in a contract.

3.Payment terms
Invoices are due and payable within 15 days of the invoice date unless otherwise specified in writing. Any complaint concerning this invoice must be submitted by registered letter within eight days of the invoice date.

In the event of non-payment on the due date, the amount of the invoice will be automatically increased, without prior notice, by interest on arrears of 10% per annum. In the event of non-payment after the formal announcement, the amount due will be increased by an administration fee of 125.00 EUR.

Implementation services or projects require 50% prepayment. On signing the agreement on a project basis, the customer undertakes to pay 50% of the project fee to Elavi Agency prior to the start of the project. Project fees are due within 15 days of the signing of this agreement. Elavi Agency will commence the project once payment has been received.

4.Intellectual property rights
Unless otherwise agreed in writing, Elavi Agency retains all intellectual property rights to all materials and creative works developed or used during the performance of the services. Unless expressly agreed otherwise in a separate written agreement, no ownership rights, copyrights, licenses or other intellectual property rights are transferred to the customer.

5.Suspension
If the customer fails to meet his payment obligations, all rights transferred to the customer under the agreement will be suspended until these payment obligations are met. In this case, the customer is not authorized to use the creations made available to him/her.

6.General data protection regulations
Each party, including Elavi Agency, respects the customer’s privacy and processes the customer’s personal data in accordance with applicable regulations (in particular Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the Belgian law of 30 July 2018 on the protection of individuals with regard to the processing of personal data). These processing operations are carried out on the basis of the customer’s consent and the agreements made.

This data may be used by Elavi Agency or its group for the execution of the agreement, to meet their legal obligations, and to send information on products or services that may be of interest to the customer.

7.Liability
To the extent permitted by applicable law, Elavi Agency disclaims all liability for any special, indirect, incidental or consequential damages of any kind, including, but not limited to, damages or costs resulting from loss of profits, loss of data, loss of revenue, loss of reputation, business interruption, purchase of substitute services, whether or not certain persons are hired, and/or losses suffered by the customer or third parties, as well as property damage or personal injury arising out of the agreement, regardless of the legal basis or theory of liability, whether in tort, contract or otherwise.

8.Confidentiality
Each party will not disclose or use confidential information about the other party for any purpose other than that for which the confidential information was obtained. The parties guarantee that their employees and/or collaborators as well as third parties engaged by the parties will comply with the confidentiality obligations described in this article.

9.Force majeure
Any event constituting an insurmountable obstacle to the normal execution of the agreement or rendering it seriously impossible or difficult will be considered a case of force majeure, including (but not limited to): strike, government measures, (temporary) company closure, transportation difficulties, delay or impossibility of supply and damage or failure affecting Elavi Agency’s essential equipment, delay or impossibility of supply on the part of Elavi Agency’s suppliers, power failures, server failures, etc. In the event of force majeure, Elavi Agency is entitled to suspend the performance of the agreement for a maximum period of three months or to terminate all or part of the agreement, without being liable to pay any compensation. Under no circumstances may the customer’s financial obligations be suspended or terminated due to force majeure.

10.Applicable law
The agreement and the rights and obligations of Elavi Agency and the customer under the agreement are established in accordance with and subject to Belgian law.

Any dispute relating to the validity, application, performance or interpretation of this agreement shall be subject to the jurisdiction of the courts of Ghent-subdivision Dendermonde

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