Terms and Conditions

S.P.R.L. European Private Security, with registered office at Rue Ferdinand Lenoir, 74, 1090 Brussels, registered with the B.C.E. under number BE 0549.945.656 (hereinafter the Provider). Departmental authorization number 16.0286.01. Federal Insurance Policy: 630/4029582/000

PREAMBLE
Implicit acceptance of these terms and conditions occurs when an order is placed and confirmed, or by signing this agreement. These terms and conditions may only be waived by written agreement of the Provider.

Art. 1 – OFFER AND ORDER
1.1. The service(s) offered by the Provider are those specified in the offer and/or the order. If not specified, they are those generally provided for by law or by the practices of the profession.
1.2. The prices mentioned in our offers are valid, unless otherwise agreed, only if they are expressly accepted in writing within fifteen days of the sending of the said offer.
1.3. Whatever the service(s) offered, it (they) constitute(s) in all cases only an obligation of means on the part of the Provider.

Art. 2 – DURATION OF THE CONTRACT
2.1. The duration of the contract is specified in the offer and/or the order.
2.2. Unless the contract is for one-time services and unless otherwise agreed, the contract will be renewed at the agreed upon term for the same period, unless either contracting party gives notice of waiver by registered mail at least ninety (90) days prior to the expiration of the contract.

Art. 3 – PRICES
3.1. The prices of the Provider’s interventions are fixed at the offer and/or the order. They are denominated in €, VAT not included.
3.2. They may be increased or decreased by 2% for any corresponding 2% change in the consumer price index. In addition, the Service Provider has the right to adapt them at any time in the event that an external element of a nature to increase its costs would arise.
Such external elements include: tax increases, increases in costs and expenses (especially social charges) imposed by regulations, increases in insurance premiums, etc. The above examples are not exhaustive. Any additional services to those agreed upon in the offer and/or the order may be invoiced in addition.

Art. 4 – PAYMENT
4.1. Unless otherwise agreed, invoices are payable within eight days of being sent. The customer undertakes to check the invoices sent to him immediately and formally waives any claim concerning the costs and prices charged to him if the claim is not made within 5 days of receipt of the invoice.
4.2. In the event of non-payment on the due date, the Service Provider shall have the right to immediately terminate the contract with effect within 24 hours of the registered letter notifying the client of the termination and to claim payment of the remuneration provided for in the contract until the due date as damages. In addition, the amount of the unpaid invoice(s) will be increased by a fixed indemnity equal to 15% of the sums due with a minimum of €50.00 and conventional interest on arrears at the rate of 12% per annum will be due without prior notice, this interest being able, in accordance with Article 1154 of the Civil Code, to produce interest when it is due for a whole year.
4.3. Any reminder sent to the customer who has not paid the entire invoice may be charged € 12.50 per letter sent, without prejudice to any bailiff’s fees that will also be charged to the customer.

Art. 5 – FORCE MAJEURE
If, during the course of the initial contract or one of its renewals, the performance of the contract is modified and made abnormally burdensome technically or economically due to circumstances that could not be foreseen at the time of the conclusion of the contract and that are beyond the control of the Provider, the Provider may suspend or interrupt its services 24 hours after sending a letter to the customer and without being able to claim any damages whatsoever. The Provider cannot be held responsible for delays caused by force majeure.
These circumstances are, in particular, and without the examples below being exhaustive, strike or other social unrest, lack of transport, shortage of manpower, etc. … and in general any case of force majeure that the Provider would be confronted. The services performed will remain fully due.

Art. 6 – TERMINATION AND END OF CONTRACT
6.1. In addition to the case of non-payment within the required period, the contract may be terminated without notice by one party due to a serious breach of its obligations by the other party. The other party must be notified immediately of any serious breach of contract that would justify termination without notice. A serious breach of contract means a breach of contract of such a nature that it makes it impossible to continue the legal relationship between the parties even during the period of notice.
6.2. The contract is also automatically terminated in case of bankruptcy of the customer.
6.3. In the event of termination of the contract by one of the parties, the other party shall be entitled to a lump-sum compensation of 20% of the total value of the contract.

Art. 7 – NON-DISCHARGE
The client may not hire, directly or through an intermediary, any member of the Provider’s staff during the term of the contract or during the 12 months following its expiration.
In case of violation of this prohibition, the customer will be liable for a minimum lump sum equal to six months of gross remuneration of the person hired, subject to any additional damages that may be claimed by the Provider if the damage is higher.

Art. 8 – CUSTOMER’S OBLIGATIONS
8.1. The Client shall provide the Contractor’s personnel with working conditions that comply with current legislation and, in particular, with the R.G.P.T. The Customer shall also inform the Service Provider of all rules specific to his company and which he wishes to see respected by the latter’s personnel. Otherwise, neither the Service Provider nor its personnel may be held responsible for non-compliance with the said rules.
8.2. The Client agrees to provide the Service Provider, prior to the commencement of the planned assignment(s), with all the keys and documents necessary for the completion of the planned tasks.
The Client shall in particular transmit to the Service Provider its internal and safety regulations and more generally all information and/or instructions that are important and/or likely to influence the agreed services.
The Service Provider is only responsible for compliance with the information and/or instructions provided and accepted.
If the Provider’s staff is confronted with a situation that could be harmful (fire, water leakage, etc.) and if no instructions have been given on the subject, it will react and take or not take the measures it deems useful to avert or reduce the damage without its responsibility or that of the Provider being called into question

Art. 9 – INDEPENDENCE
The Service Provider’s personnel shall remain strictly independent of the Client, who may only give orders or instructions to the Service Provider insofar as agreed in writing when the order is signed with the Service Provider.
In the event of a breach of the above obligation, the Client shall be liable for all consequences resulting from the orders or instructions given, whether or not at fault, without the Service Provider being liable in any way whatsoever.

Art. 10 – INSURANCE
10.1. The Provider declares that it has insured its civil liability in accordance with the legal and regulatory obligations incumbent upon it. It will provide a copy of the insurance policy(ies) taken out at the client’s request.
10.2. Whatever the cause of the Provider’s potential liability, including in the event of gross negligence, the Customer shall have recourse against the Provider only within the limits of the insurance policy(ies) taken out, for the damage and up to the amounts covered by it (them).
The same shall apply in the event of gross negligence or wilful misconduct on the part of a member of the Provider’s staff.
10.3. In the event that the Customer wishes to pursue the liability of the Provider, it must, under penalty of forfeiture, notify the Provider within 2 business days of the occurrence of the incident.
The customer shall provide complete and sufficient evidence of the Provider’s liability and the amount of the damage suffered.
10.4. The Service Provider shall in no event be liable for any indirect or consequential damages suffered by the Customer, i.e., financial or commercial damages that are not the direct and immediate consequence of a breach of the Service Provider’s obligations, including, but not limited to, lost profits, increased overhead, disruption of planning, loss of business or anticipated profits, loss of data or information, etc.

Art. 11 – MISCELLANEOUS
Art. 11.1. IDENTIFICATION
The Provider’s personnel will have an identification card that they must present to the client.

Art. 11.2. LAW ENFORCEMENT INTERVENTION
In the event of law enforcement intervention, the Service Provider’s personnel will attempt to identify persons presenting themselves as such, but shall not be liable for the consequences of non-identification or misidentification and shall not be liable for the intervention of law enforcement or any third party intervening for any reason whatsoever.
The cost of interventions by the police or any third party such as firefighters, civil protection, will be solely and completely charged to the customer.

Art. 11.3. USE OF THE CUSTOMER’S VEHICLE
In the event that a customer’s vehicle is used by Provider’s personnel, it is agreed that:
this vehicle will be insured in material damage and compulsory RC;
In the event of damage, the liability of the Provider shall be strictly limited, with respect to repairs following an accident, to the amount of the deductible of the property damage insurance covering the vehicle to the exclusion of any other damage;
if this vehicle is also used by the client and/or his staff as well as third parties, a logbook is present in the vehicle and filled in by each user in order to be able to determine the responsibilities in case of damage

Art. 11.4. MATERIALS
The Provider’s equipment that may be on the customer’s premises remains the property of the Provider.
Nevertheless, custody of said equipment being transferred to the Client, the Client shall be liable to indemnify the Provider for any loss or damage to such equipment, regardless of the cause thereof, except for normal wear and tear.

Art. 12 – NULLITY
In the event that any provision of these general terms and conditions should be invalid, it is agreed that such invalidity shall not entail the invalidity of the other provisions.

Art. 13 – CONFIDENTIALITY
The parties shall refrain, even after the end of the contractual period, from using or disclosing to third parties any business or company secrets which may have come to their knowledge in the course of the performance of the contract between them.

Art. 14 – DISPUTES
14.1. In the event of a dispute, the Courts of Brussels shall have exclusive jurisdiction unless, acting as plaintiff, we prefer to bring the action before any other competent court.

14.2. The contractual relations between the parties to which these general terms and conditions apply are governed exclusively by Belgian law.

– Ministerial Authorization N.A.M 16.0286.01