
Conditions générales
General terms and conditions of KASAP CONSULTING ET SERVICES SRL
Article 1. General information Kasap Consulting et services SRL (hereinafter KCS) is a limited liability company with its registered office at rue de l'entente 9,7090 braine le comte and is registered with the Banque-Carrefour des Entreprises under number 0790. 921.172.
Article 2. Applicability These general terms and conditions are applicable to all services provided by KCS to its customers. The customer is deemed to have read these general terms and conditions and to accept them without reservation. In the event of any contradiction, these general terms and conditions shall prevail over any other terms and conditions of the client, unless otherwise agreed in writing by one of the directors of KCS. Agreements that may derogate from one or more clauses of these general terms and conditions shall only replace the clause(s) in question. The other clauses shall remain fully applicable.
Article 3. Purpose of the service provision KCS is an expert in strategic marketing consultancy. KCS services may include consultancy, negotiation assistance, the secondment of experts to the client's premises to provide support and guidance in various projects to enable the client to achieve its objectives. The parties shall agree on the precise purpose of the KCS service from the start of the services and shall adapt and/or extend it subsequently during the execution if necessary.
Article 4. Obligations §1. KCS is only bound by an obligation of means and not by an obligation of results. All assignments will be carried out to the best of KCS's ability. KCS also has the option of entrusting these assignments to internal and external collaborators, in which case these general terms and conditions shall continue to apply. KCS undertakes to perform its services within a reasonable period of time. KCS shall in no way be held responsible for any delay attributable to the client, to third parties or to a case of force majeure. §2. KCS shall take the appropriate organizational and administrative measures to prevent conflicts of interest between its clients from adversely affecting the interests of its clients as a result of its consultancy services. To this end, the client is required to notify KCS of any information that could put KCS in a situation of conflict of interest (by way of example, but not limited to: the name of the administration/company for which an opinion is requested must always be communicated to KCS. KCS therefore reserves the right to refuse a contract for ethical reasons if conflicts of interest could arise that could harm its clients.
Article 5. Client collaboration KCS does its utmost to provide its clients with the best possible service. To achieve this, smooth interaction and collaboration between KCS and the client are essential. KCS' services are also tailor-made and based on concrete facts. The client is required to provide spontaneously and immediately any information relating to the services that are the subject of the contract. 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 does not respect the planned deadlines or the agreed arrangements, KCS is free to cease its activities with regard to the client and to free itself from the case. KCS is not responsible for any damage that may result from this withdrawal.
Article 6. Compensation – Complaints – Payment §1. KCS invoices its services according to hourly rates or other methods, as indicated in the contract with the client. The method and amount of the pricing are fixed by mutual agreement based on the subject, complexity, stakes and urgency of the case. §2. KCS may require one or more advance payments before starting its services and also throughout the duration of the services. At the end of the assignment, the client will receive a final invoice from which the previously paid deposits will be deducted. §3. If the client does not agree with an invoice, he must contest it in writing, stating his reasons, within 14 days of the invoice date, under penalty of foreclosure. §4. Unless otherwise agreed in writing, all invoices shall be payable in cash at the registered office of KCS, without reduction. If an invoice is not paid by the due date, KCS reserves the right - without prior formal notice to the customer by registered letter - (A) to charge interest on arrears at a rate of 1.5% per month from the due date of the invoice until the date of full payment of the amount due, as well as (B) the right to demand a fixed compensation of 10% of the amount paid late with a minimum amount of EUR 60, without prejudice to its right to reimbursement of legal costs (including the applicable procedural indemnity), in the event of legal recovery. In such a case, KCS shall also have the right either to suspend the execution of its activities in all ongoing cases with the client concerned until all invoices have been paid in full, or to immediately cease all collaboration with the client. KCS is not liable for damages resulting from the suspension of its activities or the termination of its contract with the client.
Article 7. Liability §1. The client shall provide KCS with any specific information required for the optimal performance of the services, both at the start of the services and during the term of the contract, and possibly at the request of KCS. KCS is not liable for damage caused by the transmission of incorrect or incomplete information by the client. §2. In any event, any contractual or extra-contractual liability that may be borne by its subcontractors and/or employees is limited in principal amount, costs and interest, the amount excluding VAT paid by the client in the case in which liability is accepted and, in the absence of such a case, to a maximum of €7,500 per claim. §3. KCS cannot under any circumstances be held liable for indirect or collateral damage, deprivation of enjoyment or loss of earnings caused by the client or third parties. §4. KCS makes reasonable efforts to protect its emails from viruses or other defects originating from computers or an IT system. However, it is the responsibility of the client to provide appropriate measures to protect their computers and IT system. KCS will not be held responsible for any loss or damage resulting from the receipt or use of an electronic communication from KCS.
Article 8. Intellectual property rights Outside the scope of the assignment given to KCS, the client is prohibited from reproducing, publishing or using in any way the notices, notes, opinions, contracts, documents, slides and any other
established by KCS, in any form whatsoever, unless KCS has given its prior written consent.
Article 9. Modification KCS reserves the right to modify these general terms and conditions at any time.
Article 10. Applicable law and competent jurisdiction §1. All contracts between KCS and the client are fully subject to Belgian law. §2. The parties shall settle their disputes amicably in preference. §3. The courts of the judicial district of Brussels and Wallonia shall have sole jurisdiction in the event of a dispute between KCS and the client.