1.General

All current and future agreements between the private company Streamovations, with its registered office at 8630 Veurne, Pannestraat 42, and company number 0810.820.822 (hereinafter “Streamovations”), and the customer are subject to the present general terms and conditions, which are provided to the customer in accordance with the Belgian Code of Economic Law and which the customer acknowledges to have read and to accept by placing an order.

2.Quotations and orders

All quotations are indicative based on the information provided by the customer and, unless expressly stated otherwise, valid for a period of 10 calendar days from the date of issuance, subject to a subsequent change in price.

Orders or quotations signed by or on behalf of the customer or otherwise confirmed in writing by or on behalf of the customer, bind the customer irrevocably, even if Streamovations has not yet expressly accepted them.

The agreement is only concluded after written confirmation by Streamovations. A possible refusal by Streamovations does not entitle the customer to any compensation on any grounds whatsoever.

Any cancellation of the agreement (in whole or in part) must be done in writing. In that event, the non-breaching party is entitled to a flat-rate cancellation fee of 30% of the total value of the canceled order with a minimum of five hundred euros (€500.00), except in case of force majeur withing the meaning of article 5.226 of the Belgian Civil Code.

3. Prices

In case of fluctuations in raw material prices and/or labor costs, Streamovations may adjust the part of the price representing these costs to the extent of that fluctuation. Any price revisions will always be made in accordance with the legally permissible norms and notified to the customer in writing.

The price includes only the goods and services specified on the quotation. Goods to be delivered or services to be performed that are not described will be charged at an additional cost.

Any contributions or charges, of any kind, which are imposed by or pursuant to law, even after conclusion of the contract, and which are recoverable from the customer or related to the delivery to the customer, are to be borne by the customer.

4. Delivery

Delivery times are provided for informational purposes only and are not binding unless otherwise agreed in writing. Delays in the execution of the agreement can never result in compensation or dissolution of the agreement. “Delivery” is understood as the date on which the main order is delivered or executed and not the date of any completion.

The customer must take all necessary precautions, and grant accesses, in order to allow Streamovations to provide its services.

5. Complaints

Complaints must, on pain of forfeiture, be made by registered mail within 8 calendar days following delivery.

6. Payment

Unless otherwise agreed in writing, Streamovations’ invoices are payable in cash or on the indicated due date. If the invoices are not paid by the due date, the outstanding balance shall automatically and without prior notice be increased by default interest at the rate provided for in article 5 of the law of 2 August 2002 on combating late payment in commercial transactions. In addition, a fixed penalty of 10% of the outstanding amount, with a minimum of €40.00 and a maximum of €3,000.00, will be automatically due without prior notice, without prejudice to the right to compensation for legal expenses and all other recovery costs incurred due to late payment that exceed that fixed amount.

In the case of non-payment of an invoice, all other outstanding invoices become immediately due.

Payments will first be applied to the outstanding interest and penalties, and then to the oldest invoice.

If the customer requests a judicial reorganization in accordance with the Belgian Code of Economic Law or if special circumstances (e.g., fear of insolvency) justify it, Streamovations’ invoices become payable immediately upon ordering, and all outstanding claims become immediately due, even if delivery has not yet taken place.

Any disputes regarding invoices must, on pain of forfeiture, be reported by registered and motivated mail within 8 calendar days of receiving the invoice.

7. Dissolution – Suspension – Guarantees

Any serious default by the customer, including but not limited to non-compliance with the agreed payment terms and failure to take delivery of the delivered goods and/or services, shall entitle Streamovations to invoice the already delivered goods and/or services at the agreed rates. Additionally, Streamovations shall be entitled to suspend, without prior notice of default, the delivery of the remaining goods and/or services in respect of the customer under any contract and/or to dissolve, without prior court intervention, all contracts entered into with the customer after notice of default that has remained without favorable effect for 15 calendar days after dispatch, in both cases without prejudice to Streamovations’ right to claim damages.

Streamovations has the right to unilaterally dissolve all contracts with the customer without prior court intervention at the expense of the customer, without any obligation for compensation and without prejudice to Streamovations’ right to claim compensation, if in the course of the performance of the contracts the customer’s financial situation changes to the extent that there is a risk of insolvency, loss of collateral of one or more claims or certain securities or guarantees attached to them or when the customer is declared bankrupt.

Streamovations reserves the right to require payment guarantees from the customer before or during the execution of the agreement. The costs of providing these guarantees are to be borne by the customer. In case of refusal, Streamovations reserves the right to dissolve the agreement in whole or in part in accordance with the first paragraph of this Article 7.

8. Intellectual Property

All intellectual property rights related to the services as well as the designs, software, documentation and all other materials developed and/or used in preparation for the agreement between Streamovations and the customer, or resulting from it, belong exclusively to Streamovations. The provision of services does not entail the transfer of any intellectual property rights.

The customer only acquires a non-exclusive and non-transferable right to use the results of the services for the agreed purposes. During such use the customer must strictly adhere to the conditions laid down in these general terms and conditions or otherwise imposed on the customer.

The customer may not, without prior written permission from Streamovations, disclose, reproduce or multiply, further develop (translate/edit/modify) or make the results of the services available to third parties in any way, in whole or in part.

The customer will not remove or alter any indications from Streamovations of copyrights, trademarks, trade names or other intellectual property rights.

9. Joint and Several Liability

If, at the request of the orderer/applicant, the invoice is issued in the name of a third party, the orderer/applicant remains at all time and under all circumstances jointly and severally liable towards Streamovations for the fulfilment of all obligations arising from the agreement and the present general (and any special) terms and conditions.

10. Liability

The liability of Streamovations in connection with the agreements concluded by it is always limited as provided for in these general terms and conditions.

Streamovations is only liable for its intentional misconduct or gross negligence or that of its appointees.

If the liability of Streamovations is proven, it is limited to direct damage, excluding indirect damage such as, but not limited to, lost profits, financial or commercial losses, production losses, business interruptions, increased general costs, increased administrative costs, loss or damage to data, loss of contracts, disruptions to planning, disruptions to production processes, intangible damage and loss of clientele.

Liability is in any case limited to the amount covered by the civil liability insurance for the exploitation. If no insurance coverage applies, for whatever reason, any liability claim in principal amount, interest and costs, is in any case limited to the amount paid by the customer for the relevant products or services sold under the agreement.

Streamovations is not liable for damage to third parties and is not required to indemnify the customer in such cases.

11. Force Majeure

Cases of force majeure within the meaning of article 5.226 of the Belgian Civil Code suspend Streamovations’ fulfilment of its obligations for the duration of the impossibility; in the event of permanent impossibility, Streamovations is relieved, in both cases without any right to compensation for the customer.

12.Invalid and null provisions

Should any provision of the agreement between Streamovations and the customer or of the present general (or any special) terms and conditions be invalid or null, in whole or in part, this shall not affect the validity and enforceability of the remaining provisions.  The courts ruling on the invalidity or nullity of a provision, will have the power to moderate or partially annul the invalid or void clause to the extent legally permissible unless the agreement cannot continue without the invalid or void provision.

13. Competent jurisdiction and applicable law

In the event of a dispute that cannot be settled amicably, only the courts in the district where Streamovations’ registered office is located have jurisdiction to resolve the dispute. In any case, only Belgian law applies, excluding the rules of private international law.

14. Privacy

Streamovations respects customer privacy and processes personal data in accordance with applicable legislation.

Personal data of the customer are only processed to the extent and for as long as necessary to respond to the request for a quote or to an order and for the performance of agreements.

In addition, Streamovations applies a cookie policy for its website, which can be consulted at www.streamovations.be/cooky-policy/.

The customer may contact Streamovations at any time to exercise the following rights: a request to access, amend, delete or transfer personal data; a request to restrict its storage; a complaint if the customer believes that Streamovations is not acting in accordance with applicable data protection legislation. Any requests to exercise those rights or questions regarding Streamovations’ privacy policy can be addressed to: info@streamovations.be.