Terms and Conditions for consulting to businesses
By signing an agreement with Tymans Group BV, Client declares that he agrees with the Terms and Conditions referred to hereafter. Terms and conditions on Client's order form or any other similar document shall not be binding upon Tymans Group BV.
The prices, quantities and delivery time stated in any quotation are not binding upon Tymans Group BV. They are commercial estimates only which Tymans Group BV will make reasonable efforts to achieve. Prices quoted in final offers will be valid only for 30 days. All prices are VAT excluded and do not cover expenses, unless otherwise agreed in writing. Tymans Group BV reserves the right to increase a quoted fee in the event that Client requests a variation to the work agreed.
The delivery times stated in any quotation are of an indicative nature and not binding upon Tymans Group BV, unless otherwise agreed in writing. Delivery times will be formulated in working days. In no event shall any delay in delivery be neither cause for cancellation of an order nor entitle Client to any damages.
Amendments or variations of the initial agreement between Client and Tymans Group BV will only be valid when accepted by both parties in writing.
Any complaints concerning the performance of services must be addressed to Tymans Group BV in writing and by registered mail within 7 working days of the date of the performance of the services.
In no event shall any complaint be just cause for non-payment or deferred payment of invoices. Any invoice and the services described therein will be deemed irrevocably accepted by Client if no official protest of non-payment has been sent by Client within 7 working days from the date of the mailing of the invoice.
Client shall pay all invoices of Tymans Group BV within thirty (30) calendar days of the date of invoice unless otherwise agreed in writing by Tymans Group BV. In the event of late payment, Tymans Group BV may charge a monthly interest on the amount outstanding at the rate of two (2) percent with no prior notice of default being required, in which case each commenced month will count as a full month. Any late payment will entitle Tymans Group BV to charge Client a fixed handling fee of 300 EUR. All costs related to the legal enforcement of the payment obligation, including lawyer fees, will be charged to Client.
In no event will Tymans Group BV be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of Tymans Group BV services.
Tymans Group BV collects personal data from Client for the performance of its services and the execution of its contracts. Such personal data can also be used for direct marketing, allowing Tymans Group BV to inform Client of its activities on a regular basis. If Client objects to the employment of its personal data for direct marketing, Client must inform Tymans Group BV on the following address: gert@tymansgroup.com.
Client can consult, correct or amend its personal data by addressing such request to Tymans Group BV by registered mail. Personal data shall in no event be sold, rented or made available to other firms or third parties where not needed for the execution of the contract. Tymans Group BV reserves the right to update and amend its privacy policy from time to time to remain consistent with applicable privacy legislation.
The logo of the Client will be displayed on the Tymans Group BV website, together with a short description of the project/services.
Any changes to Client’s contact information such as addresses, phone numbers or e-mail addresses must be communicated to Tymans Group BV as soon as possible during the project.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business, which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material, which is or becomes public knowledge other than by breach by a party of this clause.
Tymans Group BV has the right at any time to change or modify these terms and conditions at any time without notice.
The agreement shall be exclusively governed by and construed in accordance with the laws of Belgium. The competent courts of Antwerp, Belgium will finally settle any dispute about the validity, the interpretation or the execution of this agreement.
These Terms and Conditions are the only terms and conditions applicable to both parties.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.