Service
Chaussée de Louvain 47 – 1410 Waterloo
Company no. BE0727 591 753
Terms and conditions of sale
1 - General provisions
These general terms and conditions define the respective obligations of the contracting parties, without prejudice to the application of special terms and conditions. By signing the agreement or the order form or by accepting the order confirmation, the customer expressly acknowledges having read these general terms and conditions and having accepted them. The provisions not expressly derogated from remain applicable.
2 - Validity of bids
Unless otherwise stipulated in writing, our offers are valid for 90 days from the date of issue.
3 - Controls
Any order placed with us is only binding on us after we have confirmed it in writing. Changes made by the customer to his order form or to our offer will only be valid if we have accepted and confirmed them in writing. In the event of unilateral cancellation of an order by the customer, we reserve the right to demand compensation equal to 30% of the total amount of the order.
4- Deadlines
The deadlines set for our services or deliveries are given, unless otherwise stated, only as an indication. If a deadline is mandatory, it must be clearly specified as such on the order form. In this case, the buyer may, when delivery is delayed, claim compensation provided that this does not exceed 10% of the overall price of the order. Even in this case, the following circumstances relieve us of our deadlines: Cases of force majeure (including in particular strikes, technical incidents, supplier delays and labor shortages); if payment conditions are not met; if changes are decided by the customer during the work; if the customer does not provide us with the desired information within the specified deadline.
In the event that a consultant does not obtain in due time, including for cases of force majeure, the information and interventions necessary to carry out his mission, his obligations are suspended until such time as a solution could be provided.
5 - Responsibilities
The customer plays an active role in consultancy and advisory assignments by providing the necessary information promptly and by making the necessary staff available. The customer's cooperation must be fully acquired if the assignment is to be carried out on budget and within the agreed deadlines. The Service Company assumes an obligation of means towards the customer and not an obligation of result.
The Service Company does not provide accounting, tax, legal or investment advice services, all of which the customer should always seek professional advice for.
The Service Company shall not be liable for any financial, commercial or other loss caused directly or indirectly in connection with the use of its services or the purchase of Products and shall not be liable for any direct or indirect consequential, special or incidental damages. The Service Company does not guarantee the total absence of errors or technical deficiencies.
In any event, The Service Company's liability is limited to the amount of the contract, without prejudice to the customer's right to seek legal redress in accordance with Article 1184 of the French Civil Code;
6 - Deliveries - transport
In principle, the goods must be collected by the purchaser from our company's registered office within the agreed period. Where we are responsible for delivery, this shall be by the means of our choice, unless otherwise agreed in writing. In this case, the goods travel at the expense and risk of the customer, except in the case of wilful misconduct or gross negligence on our part or on the part of our agents. If the purchaser fails or refuses to take delivery of the goods ordered, we reserve the right to demand performance of the contract or, after prior notice, to consider the contract terminated by operation of law. In the latter case, the purchaser shall owe us, ipso jure and within eight days of notification of such termination, a fixed indemnity of 30% of the sale price;
7 - Retention of title clause
The seller retains ownership of the goods and services sold until full payment of the price and its accessories (any costs, interest and penalties). Consequently, the buyer is expressly prohibited from selling, transferring, pledging or generally disposing of the goods covered by the contract before its account has been settled. The seller may invoke the present retention of title clause eight days after sending a formal notice to pay, by registered letter with acknowledgement of receipt, addressed to the buyer and remaining without effect. The goods must then be returned to the seller immediately on request. The buyer will nevertheless remain solely liable for the loss of the goods sold, even in the event of unforeseen circumstances or force majeure;
8 - Deposit
TSC reserves the right to request a deposit before the start of any assignment. Payment of this deposit conditions the beginning of the service. Thus, the assignment will only begin from the time of actual receipt of the deposit by the Service Provider, unless otherwise agreed in writing between the parties.
9 - Price
Prices are quoted in euros (excluding VAT);
10 - Invoice Payment
Invoices are payable only by transfer to the Belfius account IBAN BE19 0689 4555 4512 of The Service Company SRL. Invoices are payable no later than thirty days after their dispatch. After this period, any unpaid invoice will produce, automatically and without notice, a contractual interest of 12% per annum, with a minimum rate in accordance with that provided for in Article 5 of the law of August 2, 2002 relating to late payment in commercial transactions. Any unpaid invoice on the due date will also be increased, automatically and without notice, by a flat and irreducible indemnity of 15% of the amount remaining unpaid with a minimum of 50,-€ per invoice.
Any dispute relating to an invoice must reach us in writing within fifteen days of dispatch.
In the event of non-payment of one or more invoices on their due date, the Service Provider reserves the right to immediately suspend the execution of ongoing services, without notice, until full settlement of the sums due. The Service Provider also reserves the right to withdraw, disable or make inaccessible all or part of the developments, deliverables or work concerned by unpaid invoices, until full payment, without this suspension or deletion being able to engage its liability.
10 - Termination of contract at the expense of a co-contractor;
The foregoing stipulations do not constitute a waiver of our right to demand, at our discretion, in the event of non-payment or non-compliance by our co-contractor with its contractual obligations, the cancellation or termination of the agreement with damages. In the event of termination or cancellation of the contract to the detriment of one of the contracting parties, the other will be due a fixed indemnity of 30% of the total price;
11 - Intellectual property
Unless otherwise stated, all logos, trademarks, photographs and models appearing on the documents are the property of The Service Company. Any partial or complete reproduction of these logos, trademarks, photographs and models, in any medium, for commercial, associative or voluntary purposes, is prohibited without the consent of The Service Company or the holders of the trademarks or rights attached to these graphic representations. The programs and customizations of programs created to measure for the buyer remain the exclusive property of The Service Company.
Software created by other publishers remains the exclusive property of these publishers. In all cases, only a license of use is granted to the customer. The buyer may not, in any way whatsoever, assign, rent, grant, lend, pledge, communicate, copy or counterfeit them.
Le client s’engage à imposer et faire respecter les obligations qui précèdent à tous les utilisateurs des dits logiciels.
13 - Use of Artificial Intelligence Tools
The client undertakes to impose and enforce the above obligations on all users of the aforementioned software.
12 - Confidentiality
The consultants and employees of The Service Company undertake not to divulge any confidential information concerning the customer. They are bound by professional secrecy.
13 - Litigation
Belgian law applies to the performance of agreements with The Service Company. In the event of a dispute between the parties or proceedings for payment, the courts of Nivelles shall have sole jurisdiction;
14 - Changes to the agreement
Any change to the specific agreements or to the present general terms and conditions must be the subject of a written amendment signed by all the parties;
15 - Saving Clause
The invalidity or illegality of one of the clauses provided for in the contracts (specific and general conditions) agreed between the parties in no way entails the invalidity or nullity of the other conditions of the contract concluded between the parties - clauses which remain fully valid.
16 - Specific Provisions for TSC France
For contracts concluded by TSC France, the provisions of the general conditions of sale apply mutatis mutandis, subject to the following specific amendments:
TSC France is registered at the following address: Rue de la Paix, 10, 75002 Paris, under number FR04980248306. Payments must be made to the bank account FR76 1695 8000 0153 9288 3616.
In the event of a dispute relating to the performance or interpretation of the contract concluded with TSC France, the parties agree that the competent court shall be exclusively the Commercial Court of Paris. This provision prevails over any other jurisdiction clause contained in these general conditions.
These general conditions are governed by French law, and any provision to the contrary shall be interpreted in accordance with the laws in force in France.