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Definitions
CJ: Consultancy.Jobs is a product of Upstream Consulting bv, registered in the Crossroads Bank for Enterprises under number BE0648.724.221, located at 1501 Halle (Buizingen), Schoolgatweg 2, Belgium.
Customer: The natural or legal person who has registered on our website or with whom the contract is concluded, as stated in the Order Form (Customer Data).
Order Form: All order forms signed by the CUSTOMER.
Agreement: Order form, the General Terms and Conditions and all Special Terms and Conditions on the applicable service or product category(ies) together form the agreement for services and/or goods supplied by CJ to the CUSTOMER. -
General
Each CUSTOMER is deemed to know and accept the General Terms and Conditions when placing an order. The CUSTOMER acknowledges and accepts that the Special Conditions for the specific product or service category(ies) ordered by the CUSTOMER also apply. In the event of any conflict between the relevant Special Terms and Conditions and the General Terms and Conditions, the Special Terms and Conditions shall prevail.
The Agreement is concluded after written confirmation by CJ. A start of execution also counts as confirmation, unless this is done with reservation.
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Services
CJ provides the CUSTOMER with the services specified in the Order Form (hereinafter referred to as “Services”).
CJ reserves the right to change the Services, provided that this change does not affect the nature or quality of the Services, and with a prior notice to the CUSTOMER of at least 30 days.
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Payment Terms
All our invoices are payable in cash unless expressly agreed otherwise. The lack of written protest of an invoice within eight (8) working days from its dispatch constitutes the irrevocable acceptance of the invoice and the services mentioned therein. The expiry of the payment term will legally and without prior notice put the Customer in default. From the expiry of the payment term, a conventional default interest is due that is equal to the interest rate as stipulated in Article 5 of the Payment Arrears Act (Law 02/08/2002, B.S. 07/08/2002), plus 3%.
A fixed compensation of 15% for the first bracket of EUR 4,000, 10% for the second bracket of EUR 4,000 up to EUR 12,500 and 7.5% on anything exceeding EUR 12,500 is also due on the unpaid amount. minimum of 100.00 euros;; without prejudice to the right to claim additional compensation for the judicial collection costs.
The Service Provider reserves the right to claim higher compensation, subject to proof of higher actual damage.
The Customer is not entitled to offset or suspend payment.
The fees are exclusive of VAT. and any other levies imposed or to be imposed by the government. Insofar as they have been approved by the Customer, any costs not included in the Special Terms and Conditions will be invoiced separately.
The rates can be adjusted annually by the Service Provider at the earliest on the anniversary of the Agreement, based on the following formula:
- Basic price: price at the start of the Agreement;
- Initial index: the index published by Agoria (www.agoria.be) “national average reference wage cost” of the month preceding the signing of the Agreement;
- New index: the “national average reference wage cost” index published by Agoria for the month prior to the anniversary of the Agreement.
In the event of sudden fundamental changes in circumstances that affect the agreed price and which circumstances could not be foreseen when the price was determined and which also disrupt the contractual balance (for example, but not limited to sharply fluctuating currencies, increased land and fuel prices , an increase in costs of more than 10%, an increase in government levies on the services ordered), the Parties will meet on first request to arrive at a fair adjustment of the contract. If the Parties cannot reach an amicable agreement after 30 Days counting from the request to amend the contract, the requesting Party has the option to terminate the agreement by sending a registered letter with a notice period of 30 Days, without any compensation would be due.
Each month, the Service Provider will invoice the Customer for the fee set out above.
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Transfer of ownership
Unless expressly agreed otherwise in writing, the Agreement never extends to the transfer of ownership of goods, software, intellectual and industrial property rights to goods and software that are used or made available in the context of the Agreement.
In the event of a transfer of ownership, all goods delivered to the CUSTOMER remain the property of CJ until all amounts owed by the CUSTOMER for the goods delivered or to be delivered or work performed or to be performed, as well as the amounts referred to in Article 4. risk passes to the CUSTOMER upon delivery, regardless of whether or not payment has already been made.
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Deliveries
The delivery or execution times are only provided by way of information and are therefore not binding, unless expressly agreed otherwise in writing.
If the CUSTOMER refuses the order or it cannot be carried out due to his fault, he owes CJ compensation of 30% on the total amount of the order. The CUSTOMER is entitled to a similar compensation if CJ does not perform the Agreement.
CJ has the right to refuse an order for objective reasons or to postpone the delivery or set-up of services or work for technical reasons.
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Obligations of the CUSTOMER
The CUSTOMER shall provide all information necessary for the provision of the Services by CJ and ensure that they are accurate.
The CUSTOMER shall comply with all applicable laws and regulations.
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Rates
CJ will invoice the CUSTOMER in advance per period as stated on the Order Form (Billing Frequency) unless agreed otherwise.
CJ will invoice the additional consumption of services afterwards according to the rates stated in the Appendix “Rates” of the Special Terms and Conditions of the relevant service or product category(ies).
CJ reserves the right to adjust its rates. Any adjustment of the prices will be made known to the CUSTOMER no later than 30 days before the new rates come into effect. In this case, the CUSTOMER reserves the right to terminate the Agreement immediately, unless the new rates relate to the following services; power or energy supplies.
Any rate reduction will not be adjusted in the meantime. The new rates will be applied when the Agreement is renewed, upon written request from the CUSTOMER.
The CUSTOMER cannot rely on writing or calculation errors in the unit price or the total amount. All rates are exclusive of VAT, unless they are expressly indicated as including VAT.
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Decommissioning
CJ reserves the right to suspend or limit the Services if the CUSTOMER fails to comply with an obligation under the Agreement. Any payment obligation of the CUSTOMER continues to exist during a decommissioning. A decommissioning can under no circumstances be regarded as a termination of the Agreement.
When the CUSTOMER once again fulfills its obligations, a recommissioning will take place. The rate for a recommissioning is EUR 150.00, excluding VAT, which the CUSTOMER owes CJ. CJ reserves the right to demand payment for the re-commissioning before the re-commissioning is actually effected.
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Liability
CJ shall in no event be liable on any grounds whatsoever for any damage caused by our minor fault or that of our appointees, except in the event of death or bodily injury of the CUSTOMER. Except in the case of intent, gross negligence, death or physical injury of the CUSTOMER, our liability is in any case limited to the monthly amount for reciprocal services or to the amount of the delivery for one-off services or deliveries of goods and to direct damage. Indirect damage is not eligible for compensation.
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Duration of the agreement
Unless otherwise agreed between the Parties, this Agreement is concluded for a period of 3 years. After the expiry of the initial term of the Agreement, and unless otherwise agreed between the Parties, the Agreement will be tacitly renewed from year to year, unless it has been terminated by one of the parties at least three (3) months before the expiry of the current period is canceled by registered letter.
CJ reserves the right to terminate the Agreement with immediate effect without notice of default or judicial intervention if the CUSTOMER has been declared bankrupt, has applied for or obtained suspension of payments or has otherwise lost the free management of its assets. The CUSTOMER is then not entitled to any compensation.
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Force majeure
Force majeure with regard to the Agreement is understood to mean everything that is understood in this respect in law and jurisprudence, including, for example, the non-performance or late provision of the Services. CJ is not bound by its obligations under the Agreement if fulfillment has become temporarily or permanently impossible due to force majeure.
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Advertising
The CUSTOMER must invoke visible defects within 48 hours after the delivery of goods. Our liability in the context of visible defects is in any case limited to the exchange of goods, to the exclusion of all costs or damages. A claim based on hidden defects must be filed within 4 months after delivery, under penalty of forfeiture.
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Nullity
Any nullity or invalidity of one of the stipulations does not entail the nullity or invalidity of the Agreement or the other stipulations.
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Dispute and Applicable Law
The present Agreement is subject to Belgian law. The Vienna Sales Convention of April 11, 1980 and the New York Convention of June 14, 1974 on the International Prescription of Movable Property and the additional protocol, insofar as applicable, are expressly excluded. In case of disputes concerning the execution and/or interpretation of this Agreement, the Courts of Brussels will have exclusive jurisdiction.
No claim may be made by the Customer in respect of the services provided more than 6 months after the event giving rise to that claim or if the Customer has not notified the Service Provider within one month of the occurrence of the event.
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Secrecy
Confidential information is understood to mean: all information, in whatever form (oral, written, graphic, electronic, …), which is disclosed by one of the Parties to the other, either before or after the date of entry into force of the the Agreement, and which the receiving Party may reasonably assume should be regarded as confidential. Is considered confidential information:
- All information that the Customer transfers to, places on IaaS, PaaS and/or SaaS.
- All unpublished prices and other terms of service of Service Provider, as well as all safety reports, product development plans, resolution schemes, data center designs, if any, and other proprietary information and/or technology of Service Provider.
- Any information that is expressly designated as confidential by both Parties.
Parties and their employees and/or independent employees must keep confidential the aforementioned confidential information that they have received from the other Party in implementation of this Agreement. In addition, the Parties may only use the Confidential Information in the context of this Agreement. The Parties may not disclose confidential information to third parties without the prior written consent of the other Party. Information is in any case considered confidential if it has been designated as such by one of the Parties.
The confidentiality obligation will continue for a period of 1 year after the end of this Agreement, regardless of the cause of the termination of the Agreement.
Are not considered confidential information:
- the information legally obtained from a third party that is not bound by any obligation of confidentiality or secrecy;
- the information already known to a Party before it was communicated to it under this Agreement;
- the information developed by a Party itself without breach of this Agreement;
- the information that has fallen into the public domain without the intervention or fault of the Party that received it;
- the information that must be made public by a court decision.
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Intellectual Property Rights
Nothing in this Agreement shall be construed as transferring by Customer and/or Users their intellectual property rights in the Materials that Customer and/or Users post on IaaS, PaaS and/or SaaS (such as but not limited to agreements, annual reports, models, literary works, documents, reports, software, source code in the broad sense, databases and know-how).
In addition, nothing in this Agreement confers or transfers any title or title between the Parties. Except as stated below and unless explicitly stated otherwise in the Special Conditions, no license is granted between the Parties. Each Party acknowledges and accepts the intellectual property
