Legal information
This website (www.consullex.be) is put online under the responsibility of Emmanuel Maes, whose registered office is located at Rue Sainte-Germaine 140, 7700 Mouscron, Belgium, registered with the Register of Natural Persons.
Registered office: Rue Sainte Germaine 140, 7700 Mouscron, Belgium
E-mail : info@consullex.be
VAT NUMBER: BE 0780.474.668
By consulting this site and the information it contains, the visitor accepts these conditions.
The Director of Publication for this site is Mr Emmanuel Maes.
The site is hosted by OVH.com, whose head office is located at 2 rue Kellerman, 59100 Roubaix (France).
Access to the site
Users of this site acknowledge that they have the necessary skills and resources to access and use this site. It should be remembered that fraudulently accessing or remaining in a computer system, hindering or distorting the operation of such a system, or fraudulently introducing or modifying data in a computer system constitute offences punishable by law.
Limitation of liability
Consullex declines all responsibility for any use that may be made of the content of its site and for any damage that may result from such use.
Consullex makes no warranties as to the security of its website, nor as to any viruses or computer fraud. Visitors should be aware that use of the Internet entails certain risks.
Consullex takes the utmost care in creating and updating its site. Nevertheless, Consullex cannot be held responsible if the information contained on its site proves to be inaccurate or incomplete.
Consullex reserves the right to modify information, particularly concerning products and services, without prior notice.
Consullex assumes no responsibility for information contained on sites accessible via its site through links and over which it has no control. As a result, Consullex cannot be held responsible for the content of sites accessed in this way. Consullex is not responsible for the full compliance of such sites with standards of public order and morality, nor for their personal data protection policies or the use that may be made of such data.
By accessing another site via a hypertext link, the visitor accepts that such access is at his/her own risk. Consequently, Consullex cannot be held liable for any direct or indirect damage resulting from access to another site linked by a hypertext link. Lastly, the creation of hypertext links to our site requires prior authorisation from the publisher.
Consullex declines all responsibility for service interruptions or other technical problems.
The information contained on the Consullex website is of a general nature. It is not intended to address the specific situation of any individual or legal entity. As a result, it cannot be considered as legal, professional or personal advice to the visitor.
Consullex declines all responsibility for any imprecision, inaccuracy, omission or modification relating to the information available on this site, particularly in the event of changes in administrative or legal provisions, as well as for any damage resulting from fraudulent intrusion by a third party, particularly when this could lead to a modification of the information made available on this site. In this respect, Consullex cannot be held liable for the content of these pages or for any use that may be made of them by the Internet user, i.e. for any direct or indirect damage caused by access to or use of the Site by any person or by the impossibility of accessing it. In addition, Consullex may under no circumstances be held liable for any damage resulting from the interpretation and/or use of the information available on this site.
Intellectual and industrial property rights
The https://www.consullex.be website is both a creation protected by copyright and a database over which Consullex holds copyright and producer rights. The texts, layout, drawings, photos, films, graphics and other elements of this site are protected by copyright. Any copy, adaptation, translation, arrangement, communication to the public, rental and other exploitation, modification of all or part of this site in any form and by any means whatsoever, whether electronic, mechanical or otherwise, is strictly prohibited without the prior written consent of Consullex. The content of the database is protected by a sui generis right which authorizes the producer to prohibit any extraction and/or reuse of all or part of this content. Any infringement of these rights may result in civil or criminal proceedings.
Cookies
Visitors are informed that cookies may be installed on their browser. In all cases, visitors are free to delete these cookies from their browser at any time.
Protection of personal data
Your personal data is collected and processed in compliance with the general regulations on data protection (RGPD) and in accordance with the provisions of the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data. Please refer to the section on personal data protection in the footer of the website.
To exercise your right to modification, deletion or objection, please contact: Consullex, Rue Sainte Germaine 140 – 7700 Mouscron, CONTACT: – info@consullex.be – https://consullex.be
Disputes and applicable law
Belgian law applies. Consullex reserves the right to modify or supplement the present information at any time and without prior notice. In the event of a dispute between the parties, only the courts of the judicial district of Hainaut Division Tournai shall have jurisdiction.
Article 1 – Purpose
The purpose of these general terms and conditions of sale is to define the rights and obligations of CONSULLEX (hereinafter referred to as “CONSULLEX”), ECB No. 0780.474.668 and its customers (hereinafter referred to as the “CUSTOMER”) (hereinafter referred to together as “the PARTIES” or “the PARTY”). The terms and conditions of sale of CONSULLEX’s products and services shall be governed solely by the special terms and conditions set out overleaf where applicable, these General Terms and Conditions and the Code of Economic Law. They shall prevail over any clauses and conditions to the contrary that may appear on orders or other documents issued by the CUSTOMER. In the event of the cancellation of any clause for any reason whatsoever, the other clauses of these general terms and conditions shall remain in full force and effect. Any quotation approved by the CUSTOMER implies acceptance of these CONSULLEX Terms and Conditions.
Article 2 – Price and scope of the service
- All prices are exclusive of VAT Prices and deadlines are valid for one month from the date of issue of the quote. They are firm and cannot be revised at the time of the MISSION. The service includes everything explicitly listed in the commercial proposal sent to the CUSTOMER. Any service not included in the proposal may be invoiced at the current hourly rate (€125.00 excluding VAT) or will be the subject of an additional free estimate in the most complex cases. The corrections requested by the CUSTOMER are not unlimited; only those included in the quote will be made. Any additional corrections will be invoiced on an hourly basis.
- If CONSULLEX and the CUSTOMER have not agreed on a fixed price for the service, CONSULLEX will work at an hourly rate depending on the complexity of the file and the language used (€100.00 excluding VAT/hour for French-speaking files, €125.00 excluding VAT/hour for Dutch-speaking files and €150.00 excluding VAT/hour for English-speaking files). CONSULLEX will send the CUSTOMER a quote including the hourly rate and an estimate of the number of hours required to carry out the desired service (hereinafter referred to as “the MISSION”). However, the CUSTOMER acknowledges that this is an estimate, which may be adjusted upwards or downwards by CONSULLEX depending on the services actually carried out by CONSULLEX.
- In addition to the amount due for the services carried out by CONSULLEX as part of the MISSION, an administrative fee to cover the costs incurred in carrying out the MISSION will be charged to the CLIENT in the final invoice. These administrative fees represent TWENTY PER CENT (20%) of the amount of the balance to be paid, all taxes included. These administrative costs may be increased by an amount of ONE HUNDRED EUROS (€100) in the event that the performance of the MISSION incurs costs that could not reasonably have been anticipated. This includes, in particular, the cost of sending the documents/analyses carried out as part of the MISSION if the CUSTOMER requests that the documents be sent by post rather than by e-mail, as stipulated in article 11 hereof.
Article 3 – Confirmation of the MISSION
Any quotation approved by the Client will only be taken into consideration and the services commenced by CONSULLEX after receipt of a deposit corresponding to TWENTY PER CENT (20%) of the price set out in the quotation approved by the CLIENT, unless otherwise agreed in writing. The balance will be paid within ten (10) days of receipt of the final invoice. CONSULLEX shall not be held liable for any delay in the performance of the MISSION if such delay is attributable to the CLIENT (in particular failure to pay the deposit or to provide the documents required for the performance of the MISSION).
Article 4 – Billing arrangements
- If a fixed price has been agreed as remuneration, the balance invoice will be sent to the CUSTOMER within 5 working days of the end of the MISSION.
- On the other hand, if it has been agreed to apply the hourly rate referred to in Article 2 §2 of these Terms and Conditions, an invoice detailing the services provided by CONSULLEX will be sent to the CLIENT every fortnight.
Article 5 – Payment terms
- Invoices are payable within 10 working days of receipt of the invoice by the CUSTOMER, unless otherwise agreed in writing. In the event of non-payment of the said invoice within 10 days of prior formal notice, the legal interest rate will be applied by operation of law. In the event of non-payment or late payment of a deposit or invoice, CONSULLEX reserves the right to suspend its services without prior notice. CONSULLEX shall under no circumstances be held liable for any delay in the performance of the service resulting from late payment or non-payment by the CUSTOMER.
Article 6 – Withdrawal clause
In the event that the CUSTOMER withdraws from the contract after signing the quote, the CUSTOMER shall still be liable to pay a deposit of TWENTY percent (20%), which shall be considered as a cancellation indemnity. In addition, if CONSULLEX has already started the services, the CUSTOMER will also be liable to pay for the services carried out in full.
Article 7 – Complaints
In the event of any discrepancy between the quote and the work carried out by CONSULLEX and provided that the work has not been processed or transformed by the CUSTOMER or by a third party appointed by the CUSTOMER, complaints will only be considered if they are made by registered letter within five working days of receipt of the final invoice. After this period of five working days from receipt of the final invoice, the services provided by CONSULLEX shall be deemed to comply with the quote approved by the CUSTOMER.
Article 8 – Liability
- The CLIENT is responsible for the accuracy, reliability and completeness of the data provided by or on behalf of the CLIENT, as well as for its timely communication. The CLIENT is obliged to inform CONSULLEX of all facts and circumstances that may be relevant to the performance of the assignment.
- CONSULLEX shall act with the commitment and diligence that can be expected of a professional service provider. This is an obligation of means. CONSULLEX provides no guarantee as to the level of interpretation of facts, documents and legal sources. The CUSTOMER is and remains solely responsible for the choices made and decisions taken. CONSULLEX cannot be held responsible for subsequent changes in legislation or regulations, case law, administrative circulars or comments.
- CONSULLEX shall only be liable for gross negligence or wilful misconduct in the performance of its duties. CONSULLEX shall only be liable for material or financial loss actually suffered as a direct and exclusive consequence of gross negligence or wilful misconduct on the part of CONSULLEX in the performance of its MISSION.
Article 9 – Confidentiality
- Confidential information (hereinafter referred to as “Confidential Information”) is defined as technical, financial, professional or other information that relates directly or indirectly to one of the parties, CONSULLEX or the CUSTOMER, regardless of the means and source from which this information was obtained. Such Confidential Information must be clearly and expressly referred to as such by the Party concerned.
- The PARTIES undertake:
- Not to use, copy or reproduce the Confidential Information for any purposes other than those reasonably necessary for the performance of the obligations and/or exercise of the rights under the contract/quotation between the PARTIES;
- Not to treat the Confidential Information as strictly confidential, in particular by maintaining a reasonable level of care to protect it from unauthorised disclosure;
- Not to disclose Confidential Information to third parties, whether directly or indirectly, in any manner whatsoever, in whole or in part, without the prior written consent of the other Party;
- To return or destroy all Confidential Information, including copies, at the first written request of the other Party, within ten (10) working days of the expiry of its rights under the contract/quotation relating to the MISSION between the PARTIES.
- There are exceptions to the restrictions on the use of Confidential Information in the following cases:
- Where the Confidential Information was previously known to the other Party without any obligation of confidentiality;
- When the Confidential Information was obtained by the other Party from a third party without being bound to the latter by a duty of confidentiality, provided that the Party concerned by the Confidential Information is informed of this;
- When the Confidential Information has become public without the intervention or negligence of the other Party.
Article 10 – Duration of the contract in the case of a service contract
- The services provided by CONSULLEX to the CUSTOMER are carried out for the period specified in the quote sent to the CUSTOMER. Failing this, the services will be deemed to have been performed until the MISSION has been completed.
- If the CUSTOMER or CONSULLEX fail to give notice by e-mail or registered post at least three months before the expiry date, the contract will be automatically renewed each year by tacit agreement under the same conditions.
In any event, the service contract may be terminated automatically without notice in any of the following cases:
- with the written agreement of the PARTIES;
- if either of the PARTIES fails to comply with any of its contractual obligations, within a period of 15 days following receipt by the Party in default of a formal notice to remedy the situation, all without prejudice to the right to claim compensation from the Party at fault;
- if CONSULLEX or the CUSTOMER fail to comply with the confidentiality obligations set out in article 9 paragraph 2 above;
- in the event of the filing of a petition for judicial reorganisation, bankruptcy, liquidation, insolvency or cessation of activities of either of the Parties, all without prejudice to the right to claim compensation from the Party that ceases its activities, is in judicial reorganisation, bankruptcy, liquidation or any other insolvency situation. The termination of this contract shall not have the effect of releasing the PARTIES from their obligations, in particular with regard to confidentiality, intellectual property and payment for services already performed.
Article 11 – Delivery of projects and working documents
Unless otherwise specified, CONSULLEX will send the documents drafted/established as part of the MISSION to the CLIENT by e-mail.
Hard copies of documents may be sent by post at the express written request of the CLIENT. Such a request automatically entails the application of the ADMINISTRATIVE FEES referred to in article 2 paragraph 3 above.
Article 12 – Retention of title
The entire production, which is the subject of this assignment, shall remain the full and exclusive property of CONSULLEX until all invoices issued by CONSULLEX have been paid in full by the CLIENT, up to the total amount of the assignment and any amendments made during the course of the assignment. As a corollary, the CUSTOMER will become the de facto owner of the production once all invoices have been paid in full.
Article 13 – Election of domicile
For the purposes hereof, the CUSTOMER’s domicile shall be the address provided to CONSULLEX. All communications shall be validly made to the postal and electronic addresses provided by the CUSTOMER and CONSULLEX. Each Party elects domicile at the address indicated herein. In order to be legally valid, all documents must be sent to the elected address. In the event of a change of postal or electronic address by one of the parties, it is obliged to notify the other party without delay.
Article 14 – Place of performance
In principle, the Services will be carried out at CONSULLEX’s premises. In the event of services being carried out at the CUSTOMER’s premises, CONSULLEX’s hourly rate shall apply from the time of departure from CONSULLEX’s head office until the time of return to the CONSULLEX head office. Travel expenses will be charged at €0.50/km.
Article 15 – Deadline
The deadline within which CONSULLEX must complete the MISSION must be expressly stated in the contract/quotation between CONSULLEX and the CUSTOMER. In the absence of any express mention, the MISSION will be carried out within a reasonable timeframe, taking into account the complexity and specific nature of the assignment.
Article 16 – Right of publicity
Unless explicitly stated otherwise by the CUSTOMER, notified by registered letter with acknowledgement of receipt, CONSULLEX reserves the right to mention its work for the CUSTOMER as a reference in its commercial prospecting, external communication and advertising activities. Where applicable, the PARTIES shall agree on communication via the various channels/social networks that are appropriate for each of them.
Article 17 – Jurisdiction and applicable law clause
In the event of a dispute, the Court of Entreprise du Hainaut, Tournai division, shall have sole jurisdiction, even in the event of multiple defendants and irrespective of the status of the defendants, incidental claims, warranty claims, and notwithstanding any clauses to the contrary printed on the CUSTOMER’s order forms. Any dispute relating to the interpretation and performance of these general terms and conditions of sale shall be governed by Belgian law. In the sole event that the CUSTOMER is a consumer (see definition in article 4, §2), the competent Courts are exclusively those designated by article 624, 1°, 2° and 4°, of the Judicial Code, without prejudice to the application of Regulation (EU) no. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Article 18 – Place of Performance of Services
Unless otherwise stipulated, the services are deemed to be performed at CONSULLEX’s registered office.
Article 19 – Force majeure
CONSULLEX shall not be held liable for failure to meet a deadline caused by force majeure. The following in particular shall be deemed to be cases of force majeure: any act emanating from a civil or military authority, strike, fire, flood, water damage, storm and lightning, accident, riot, attack, epidemic, pandemic, non-delivery of documents for the creation or commissioning of the product attributable to a third party, any circumstance having an external cause and preventing CONSULLEX directly or through a third party from fulfilling the said obligations.