Applicability
These conditions are valid for all customers, suppliers and third parties who, whether or not linked by a prior agreement, act with Annie Where BV. These conditions are always valid, unless otherwise agreed in writing.
Legal validity
An offer or quotation is a written document, is without engagement and only serves as a guideline. It will only be valid when signed by the customer and Annie Where BV. Promotional printed matter (such as brochures, flyers, business cards) and promotion through online channels (social media, website, presentations) can never serve as an offer. Agreements get legal validity when they are signed. All rights and obligations are regulated in the relevant agreement. These conditions apply cumulatively (this implies that if something is not explicitly regulated in the agreement, the provisions of these conditions apply).
Rates
Rates are indicative and subject to annual indexation. Given estimates are always indicative and can deviate from the effective amount. In the agreement between Annie Where BV and the customer a rate will be agreed that is indexable on a yearly basis and can evolve in time. Depending on the agreed period there will be arrangements in the agreement which can be followed by both parties.
Duration
Management agreements have a minimum term of 2 months and are of indefinite duration. There is a notice period which depends on the duration of the contract. A monthly contract has a notice period of 1 month, an annual contract of 2 months and any longer term contract of 3 months. The contract can only be terminated when the client notifies, by registered mail, the termination to Annie Where BV. If a long term contract is ended earlier than agreed the monthly rate will be charged for the period that the pod(s) have already been rented, increased with 10% administration costs.
Payment
Annie Where BV works with the mechanism of SEPA direct debit. The payment will always be done at the first of the month for the next month and will be done via SEPA direct debit. Depending on the start date, the remaining days of the first and possibly last month will be settled pro rata.
Complaints
Complaints must be made in writing (and sent by registered mail) to the head office within 14 days after the date of sending the invoice. Otherwise, the invoice becomes irrevocable. Visible defects, such as errors or imperfections, should be reported to Annie Where BV 14 days after delivery. Hidden defects should be reported 90 days after delivery.
Force majeure
In case of force majeure (these are circumstances beyond the control of Annie Where BV) Annie Where BV will be released from all obligations (and any resulting liability). The following will be considered as force majeure: circumstances of nature, strike or lock-out, fire, flood, confiscation, embargo, general scarcity of goods, illness, dismissal and in general any unforeseen circumstance that significantly disturbs the contractual balance, and this regardless of whether the force majeure occurs at Annie Where BV, one of its suppliers or one of its employees.
Liability
Annie Where BV assumes its essential liability commitment. This implies that it can be held responsible for its core task (depending on the given assignment). The liability of Annie Where BV can never be higher than the already invoiced amount of the part concerned. It is possible that Annie Where BV will be asked to disclose the identity or files of the customer. When this request is legally valid, and fits within a (legal) investigation, Annie Where BV can disclose this information to the requesting institution. Possible legal costs, damages, lawyer's fees and others will be entirely at the expense of the customer.
Confidentiality
Both parties are committed not to disclose confidential information without the express written consent of the other party.
Recruitment
The principal shall not recruit (for its own account or in its own name) any staff member or otherwise for a period of 12 (twelve) months after the termination of the employment contract with the staff member concerned. If, contrary to this provision, the ex-staff member is still employed within the above-mentioned period, a compensation in the value of the last gross annual salary of the dismissed staff member will be payable to Annie Where BV.
Nullity
Nullity of one or more provisions of these terms and conditions, does not affect the valid part of these terms and conditions. Both parties will replace the void provision(s).
Applicable law
The competent court in case of disputes is the Enterprise Court of Ghent, Ghent Division.