GENERAL CONDITIONS – PROVISION OF SERVICES

  1. Scope of application
    • The general conditions apply to any work order or services, hereinafter referred to as “the services” which the company KHAGAN cvba, established in Gent – Visitatiestraat 134/001, BCE n ° 0652.853.154, Hereinafter referred to as “the Provider”, could perform.
    • The application of these general conditions is a decisive condition of the Provider’s consent. Any order placed implies the full and unreserved acceptance by the Client of the present general conditions, even if they are in contradiction with its own general conditions.
    • These terms and conditions may only be waived by written agreement of the Provider. Any derogation granted by the Provider to the present general conditions does not invalidate the other clauses of the present general conditions which remain applicable.
  2. Offer and order
    • The period of validity of our offers is of 30 calendar days.
    • The prices indicated in the offer are only for the realization of the services described therein, excluding all other services. If additional services are requested by the client, they Khagan will charge for said additional service.
    • The price offer is made on the basis of information provided by the Client. In the event of any modification of the desired service or extension of the scope of the service, the Provider is authorized to adjust the price. This change in information will lead to a modification of scope and an additional work order reflecting the change in his service according to the Client’s new requests or the Client’s modified requests.
    • The price offer constitutes a package and / or an hourly rate and / or a daily rate and / or a premium and / or a commission which will be invoiced to the Client for the services indicated in the offer. Would the offer mention any cost of Travel or accommodation, such costs will similarly be invoiced.
  3. Fees
    • All prices are quoted in euros, excluding VAT.
    • Any increase in VAT or any new tax that would be imposed between the time of the order and that of the provision of services will be borne by the Client.
  4. Payment
    • The invoices are payable upon receipt or at any other time agreed in the work order, by funds transfer to the account of the Provider IBAN number: BE66 0689 0531 2343, BIC: GKCCBEBB.
    • Any payment delay of more than 15 calendar days will entail an increase, automatically and without prior notice, of 12% per annum, plus a lump-sum indemnity of 18% with a minimum of € 75.00. In addition, the Provider is entitled to suspend its guarantee and contractual commitment as long as the Client is in default.
    • Any reminder sent to the Client who has not paid the totality of his invoice is invoiced at € 12.50 per mail sent, without prejudice to any bailiff, travel or justice costs that will also be charged to the client. Client.
    • Any complaint relating to an invoice must be sent no later than eight calendar days after receipt, by e-mail sent to the address invoice@khagan.eu and confirmed on the same day by postal mail sent to the head office of the Provider. Failure to respect these conditions of time and forms, the Client will no longer be able to contest this invoice.
  5. Canceling the order
    • Excluding in case of force majeure, any cancellation of the order made by the Client can not lead to the reimbursement of the sums already paid or any compensation whatsoever.
    • In the event of cancellation of the order by the Provider, the latter undertakes to reimburse the Client the sums already paid by him in respect of the order concerned. If a prepayment has been done, only the part of the payment that does not cover a performance of service will be repaid. It is further understood that no compensation can be claimed from the Provider.
  6. Enforcement of benefits
    • The Service Provider undertakes to do everything possible to offer its clients a high quality of services.
    • The Provider is entitled to have the services ordered performed by any collaborator or sub-Provider of his choice, under his responsibility under ordinary law.
    • The Provider reserves the right to refuse to honor an order from a Client who has not fully or partially settled a previous order or with which a payment dispute is pending.
  7. Guarantees and liability limitation
    • If the Client considers that he is entitled to challenge the quality of the services provided by the Service Provider, the Client must, within 3 days after the services are performed or the discovery of a defect in the performance of the contract which has not been expressly or tacitly approved by the Client, do so in writing (e-mail or courier). Past this delay, the right to challenge the services is foreclosed.
    • In any event, the Provider’s liability is limited to the amount of the contract without prejudice to the right of the client to request the resolution of the contract in accordance with article 1184 of the Civil Code.
  8. Confidentiality
    • The provider undertakes to process your personal data, the personal data of your team or your clients in compliance with the European Regulation 2016/679.
    • By providing personal data that is not his own, the Client guarantees that he obtained the adequate authorization to have these data processed by the Provider.
    • At any time, the Client can access his data, have it rectified or asked for deletion. Deletion will only occur if no other rule or regulation prevents it. If data may not be deleted immediately, it will be marked to prevent further use of it. When applicable, the Client can also request to have his data transferred.
    • At any time, and without any justification, the Client may object to the processing of his/her personal data, those of his team or his clients by sending a letter to the Provider or e-mailing to contact@khagan.eu. If the client receives a refusal from one of his own clients to use their personal data, the client will communicate this information immediately and through the same channel to the Provider.
    • If, at any time, the Client deems that the Provider is not respecting his / her privacy, the Client will send a letter to the Provider or e-mail to: contact@khagan.eu. The Service Provider will make every effort to detect and correct the problem. The same clause is applicable to the data of the client’s client.
    • The Provider shall keep securely and with complete secrecy all confidential information entrusted to him and shall not use or attempt to use any such information in any manner which may injure or cause loss, either directly or indirectly, to the Client or its business or may be likely to do so.
  9. Force Majeure
    • No Party may be held liable for the non-fulfillment, in whole or in part, of its obligations if such non-performance is due to the unforeseeable event or to the occurrence of an element constituting force majeure such as, in particular, flood, fire, storm, shortage or raw material, total strikes within the Client’s company, blockages of transport and communication networks, public and private, and more generally all other cases beyond the control of the parties allowing the contract to be executed normally.
    • The Party which has been affected by such events shall inform the other Party as soon as possible and at the latest within 5 working days of the occurrence of that event.
    • The parties agree that they will find a resolution as soon as possible in order to determine together the modalities of execution of the order during the duration of the case of force majeure.
  10. Intellectual Property
    • All logos, trademarks, photos and models appearing on the Provider’s commercial documents, including the website www.khagan.eu, are the property of the latter.
    • Any partial or complete reproduction of these logos, brands, photos and models, whatever the medium, for commercial, associative or voluntary purposes, is prohibited without the consent of the Provider or the holders of the marks or rights attached to these graphic representations.
    • The Provider’s technology and methods related to Predictive Smart Management, Financial Scanning and Risk Management Assessment will remain the property of the Provider.
    • The Provider will transfer to the Client the property right of any and all processes designed specifically for the Client during the assignment.
    • The Client remains the owner of any data, document or piece of information transmitted to the Provider during the assignments.
  11. Challenge
    • Any dispute whatsoever must first be the subject of an attempt to amicable settlement before being able to be submitted to the Courts and Tribunals.
    • Any dispute relating to the validity, interpretation and / or execution of a contract concluded with the Provider shall be exclusively submitted to the Courts and Tribunals of Ghent, Belgium.
  12. Miscellaneous
    • Where, by virtue of the application of a law, regulation or as a result of a final decision of a competent court, one or more clause of these general conditions are held to be invalid or declared as such, This does not affect the other clauses of the present general conditions which remain in force. Where appropriate, the parties will negotiate in order to agree on one or more provisions which would make it possible to achieve, as far as possible, the objective pursued by the clause or clauses invalidated.
    • No omission or delay by either party in exercising any right or remedy available to it under the framework agreement contract or the applicable law shall constitute an abandonment. The waiver of a right or remedy shall be in writing by the party abandoning it.
    • The contract concluded between the Provider and the Client is subject to Belgian law.