1. Scope of application
These terms and conditions apply to all offers, agreements, deliveries and services provided by SonicWave, hereinafter referred to as “the service provider”.
Any deviation from these terms and conditions is only valid if expressly agreed upon in writing (email suffices).
The customer’s own terms and conditions are expressly excluded unless explicitly accepted in writing.
2. Offers and agreements
All offers are non-binding unless stated otherwise and are valid for 30 days.
An agreement is concluded upon written confirmation (email suffices) or upon commencement of the execution of the assignment.
3. Performance of services
The service provider performs its services on a best-efforts basis, unless expressly agreed otherwise.
Delivery or execution deadlines are indicative and not binding unless explicitly confirmed as essential.
4. Prices
All prices are expressed in euro, excluding VAT and any other taxes or charges, unless stated otherwise.
Additional services not explicitly included in the offer will be invoiced separately at the applicable rates.
5. Invoicing and payment
Invoices are payable within 14 calendar days from the invoice date, unless stated otherwise.
Any dispute of an invoice must be submitted in writing and with justification within 7 calendar days from the invoice date. Failing this, the invoice shall be deemed accepted.
6. Late payment – professional clients (B2B)
In the event of non-payment by a professional client on the due date:
- late payment interest of 8% per year shall be due by operation of law and without prior notice, calculated from the due date;
- the outstanding amount shall be increased by a fixed compensation of 10%, with a minimum of €50, without prejudice to the right to claim higher proven damages.
7. Late payment – consumers (B2C)
For consumers, reminder fees and late payment interest shall only be charged in accordance with the applicable consumer protection legislation (Book XIX of the Belgian Code of Economic Law).
This includes, among other things, the obligation to first send a free payment reminder granting an additional payment period of at least 14 calendar days. This reminder will also state the date from which costs and interest become due and the applicable amounts or percentages.
Only after the expiry of this period may costs and interest be effectively charged, within the legally permitted limits.
8. Suspension and termination
In the event of non-payment, the service provider reserves the right to suspend further services and/or to terminate the agreement by operation of law, without prior notice, without prejudice to the right to claim damages.
9. Liability
The liability of the service provider is limited to the amount of the relevant invoice, with an absolute maximum equal to the amount covered by the professional liability insurance.
The service provider shall in no event be liable for indirect or consequential damages, loss of data, loss of profit or any other immaterial damage.
The service provider holds a professional liability insurance policy. Upon simple request, the customer may obtain an insurance certificate.
10. Force majeure
The service provider shall not be liable for failure to perform due to force majeure, including but not limited to system failures, network outages, illness, government measures, fire, power outages, etc.
11. Intellectual property
All materials, software, configurations, documents and designs developed by the service provider remain its intellectual property, unless expressly agreed otherwise in writing.
12. Confidentiality
Both parties undertake to treat all confidential information strictly confidentially.
13. Applicable law and jurisdiction
These terms and conditions are governed by Belgian law.
Any dispute shall fall under the exclusive jurisdiction of the courts of the judicial district of the registered office of the service provider.
14. Validity
If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.