Terms of Sales
Updated on 09/09/2023
Marling Partners SRL (BCE: 0782.273.425 having established its registered office in Avenue du Domaine 163 box 4 at 1190 Forest) hereinafter referred to as “The Company”.
The Company's customers, hereinafter each individually referred to as "The Customer".
The Company and the Client are together referred to as “The Parties”.
2. Application fields
These general terms and conditions govern all sales of services and goods from the Company to its customers, excluding specific clauses established by mutual agreement. By contracting with The Company, the Client explicitly renounces its own general conditions. By confirming his order with the Company, the Customer declares to have read and accepted these general conditions without reservation or limitation.
3. Services Proposal
The Company mainly offers installation, configuration, customization, development, support and maintenance services for business software as well as related training activities. The Company also provides business organization consulting services.
Unless expressly agreed by a mutual signed agreement, the Company reserves the right to subcontract all or part of each mission entrusted to it, in compliance with these general conditions
5. Company Obligations
The Company undertakes to make its best efforts to provide efficient services in a timely manner. It is therefore an obligation of means and none of its obligations can moreover be considered as an obligation of result.
6. Client Obligations
The Client undertakes to provide, in an acceptable form and time frame, all information necessary for the Company to carry out the contract. Otherwise, the Company reserves the right to terminate the contract early without compensation for the Customer.
7. Company Responsibilities
The Company is responsible for protecting the data that the Client entrusts to it and in particular the confidential information that will be handled by the Company.
8. Client Responsibilities
The Client undertakes to provide the Company with correct, complete and reliable information. The Customer is responsible for protecting its software against theft, ransom demands and degradation throughout the various phases of the Company's services.
9. Conflict of interests
The Client is required to inform the Company of any eventuality that would place one of the parties in a situation of conflict of interest.
10. Major force
In the event that a case of major force occurs, the obligations of the Parties are suspended. If the suspension extends beyond 6 months, the Parties have the option of terminating the contract without compensation. Without limitation, cases of major force may be war, natural disaster, pandemic, strike or more generally an event beyond the control of the Parties and which cannot be controlled by the Parties.
11. Billing policy
The Company will invoice its services based on the time spent on the client's project and the daily rate of its agents. These rates are part of the Company's commercial offer. The Client has agreed to these rates by accepting the Company's offer.
In the event that the services have been paid for in advance, the Company will regularly send the Customer statements of the services consumed.
In the event that the services are paid after the services being delivered, the Company will draw up statements showing the services for invoicing purposes
In all cases, statements and invoices are presumed to have been accepted if they are not contested in writing by the Customer within 14 days of the communication of the document.
This section refers to support activities after the conclusion of the services for the use of the software and problem solving during these activities and issues resolutions. The Parties may enter into an agreement on the provision of support services in order to organize the practical and financial terms. These support activities do not replace the support that the Customer may receive from the software editor through the contract between the Customer and the software editor.
The Company's invoices are payable in cash according to the payment terms indicated therein.
In the event of late payment, the sums due will be increased without prior formal notice by an administrative indemnity of 10% on the sums due as well as late payment interest at the rate of 12% per year which will begin to run automatically on the expiration of the deadline. The 2 elements of increase will never be less than 100€.
Finally, the Company reserves the right to interrupt its services as long as the Client has not met its obligations.
The Client grants The Company the right to use its image (its logo and possibly illustrative photos subject to the prior agreement of the Client) in order to allow The Company to illustrate its references to prospects and its clientele. This use must be reasoned and is done without prejudice to the provisions of the article relating to confidentiality.
15. Confidentiality and personal data
The personal data of the Client's representatives is collected and processed by the Company for the purpose of carrying out its commercial, execution, invoicing and more generally business conduct missions. The Company undertakes to process this data in accordance with the laws and regulations in force.
16. Intellectual property
The Company guarantees the Client that the proposed solutions respect the intellectual property rights of others.
The Company retains the intellectual property of all elements created for the client.
Any dispute arising in the performance of the Company's services on behalf of the Client will be handled in accordance with Belgian law. The amicable way will be preferred in the resolution of the disputes and failing that, it is the competent courts for the district of the Head office of the Company which will be in charge of it.