General Terms and Conditions of sale.
Article 1: General Information
Marketrotters sprl, hereinafter referred to as Marketrotters, is a private company with limited liability registered at the Banque Carrefour des Entreprises in Belgium under number BE 0691.650.679 with its head office located avenue de la gare, 214 in 4460 Bierset, Belgium.
Article 2: Applicability
These general conditions define, without prejudice to the application of special conditions, the respective obligations of the contracting parties in connection with services provided by Marketrotters to the attention of its clients. By agreeing to work with Marketrotters, the Client expressly acknowledges having read and accepted these terms and conditions. In the event of contradiction, these general conditions prevail over any other condition of the Client, unless otherwise agreed in writing by Marketrotters. Agreements that may derogate from one or more clauses of these terms and conditions replace only the clause(s) in question. Other clauses remain fully applicable.
Article 3: Purpose of the Service Delivery and Request for Service
§1. Marketrotters specializes in multi-level consultancy and its activities include management, marketing, sales, business development, and any other form of business support. The parties will agree on the specific purpose of the service to provide by Marketrotters and will adapt and / or extend it later if necessary.
§2. Any request for services that is entrusted to Marketrotters only commits it after written confirmation from it. Changes made by the Client to the service offer will only be valid if Marketrotters has accepted and confirmed it in writing.
Article 4: Obligations of Marketrotters
§1. Marketrotters is bound to an obligation of means and not an obligation of results. All missions are best performed by Marketrotters and in good faith. In addition, and with the express agreement of the Client, Marketrotters has the right to entrust these missions to internal and external collaborators, in which case the present general conditions remain applicable. Marketrotters undertakes to perform its services within a reasonable time which will be agreed whenever possible and in advance with the Client. Marketrotters is in no way responsible for exceeding the agreed deadline if attributable to a Client, third parties or a case of force majeure.
§2. Marketrotters makes the appropriate organizational and administrative arrangements to prevent conflicts of interest between its clients from affecting their interests as a result of its consultancy services. To this end, the Client is required to notify Marketrotters of any information that could put Marketrotters in a conflict of interest situation.
§3. Marketrotters reserves the right to refuse any Client without having to provide a justification.
Article 5: Client Collaboration
Marketrotters does its best to deliver optimal service to its clients. To do this, fluid interactions and collaboration are essential between Marketrotters and the Client. Marketrotters' services are bespoke and based on concrete facts. The Client is therefore required to provide spontaneously and without delay any information related to the services that are the subject of the commitment. The Client is responsible for the accuracy, completeness and confidentiality of the data, information and documents it provides. If the Client does not cooperate and / or fails to meet the deadlines or adopted agreements, Marketrotters is free to cease its activities concerning the Client and to free itself from its commitments, without compensation of any kind whatsoever. Marketrotters is not liable for damages and losses that may result from that kind of situation.
Article 6: Compensation, Complaints and Payment
§1. Marketrotters bills its services according to hourly rates or other methods previously agreed with the Client. The method and the pricing are adopted on the basis of the purpose, complexity, issue, duration and urgent nature of the service to be provided. The amounts of the rates are always expressed in euros (EUR) and excluding VAT. Unless otherwise stipulated, the price does not include the cost of transportation, delivery, or collection of the Goods, nor does it include the cost of fitting or installation. All taxes, charges, duties, and costs shall be borne by the Client.
§2. Marketrotters may require one or more deposits before and during their services. At the beginning of the month following the service or at the end of the mission, the Client will receive a final invoice from which will be deducted the paid deposits.
§3. In the case of unilateral cancellation of a service by the Client, the request must be made in writing. All hours worked by Marketrotters prior to the cancellation must be paid.
§4. If the Client wishes to contest an invoice, he must do so in writing with motivation within 10 days of the date of the invoice, under penalty of foreclosure.
§5. If an invoice is not paid 10 days after the due date indicated on that invoice, Marketrotters reserves - as of right and without prior notice to the Client by registered letter -
(a) the right to account for late payment interest at a rate of 1.5% per month from the due date of the invoice to the date of full payment of the amount due;
(b) the right to demand a fixed and irreducible indemnity of 10% of the amount remaining unpaid with a minimum of EUR 100 per invoice, without prejudice to the right to reimbursement of legal costs (including the applicable procedural indemnity) in the case of judicial recovery.
(c) the right to suspend the execution of all current services for the Client in question until all invoices have been paid in full, or to stop immediately any collaboration with the Client. Marketrotters is not liable for damages and / or losses resulting from the suspension of its activities or the termination of its contract with the Client.
§6. The Client as defined by the law of 14/07/1991 may require the benefit of the application of the indemnities and interests to the extent and conditions fixed by this clause, in case of non-fulfillment of the obligations of Marketrotters.
Article 7 - Liability
§1. The Client provides Marketrotters, both at the start of and during services, any specific information that would be required for the optimal execution of these services. Marketrotters is not responsible for the damage caused by the transmission of incorrect or incomplete information by the Client.
§2. In any event, any contractual or extra-contractual liability which may be at the expense of Marketrotters, its subcontractors and / or its employees, is limited in principal, costs and interest to the VAT excluded amount paid by the Client in the framework of the service delivery in which liability of Marketrotters would be retained and, in the absence of such an amount, to a maximum of EUR 2000 per damage.
§3. Marketrotters can in no way be held responsible for indirect or collateral damage, deprivation of use or loss of earnings caused by the Client or by third parties.
§4. Marketrotters makes reasonable efforts to keep emails from viruses or other defects from computers or IT systems. However, it is the responsibility of the Client to provide appropriate measures to protect his computers and IT system. Marketrotters will not assume any liability for any loss or damage resulting from the receipt or use of an electronic communication coming from Marketrotters.
Article 8: Intellectual Property Rights
Outside the scope of the mission assigned to Marketrotters, it is forbidden for the Client to multiply, publish or use in any way the views, notes, opinions, contracts, documents, slides and all other intellectual activity in any form whatsoever established by Marketrotters, except with the prior written consent of Marketrotters.
Article 9: Applicable Law and Competent Jurisdiction
§1. All contracts and service agreements between Maretrotters and the Client are fully subject to Belgian law.
§2. The parties settle their disagreements preferably amicably.
§3. The courts of the judicial district of Liège, Belgium on which the head office of Marketrotters depends, have exclusive competence in case of litigation.
Article 10: Saving Clause
The invalidity or illegality of one of the clauses provided for in the specific and general conditions of sale does not entail any invalidity or nullity of the other conditions of the contract concluded between the parties - clauses remaining fully applicable.