These General Terms and Conditions (GTC) are applicable without restriction and without any reservation on the part of the customer to all our offers, order confirmations, agreements, supply of services, etc. Placing an order and/or acceptance of our invoices and/or order means the unconditional acceptance of these general conditions by the other party. Our representatives are not authorized to accept or place any derogation’s by the customer or supplier unless a written agreement by the company director or his proxy has been given.
SEVOCOMM: SEVOCOMM BVBA (BE), SEVOCOMM Germany GmbH (DE), OOO «СЕВОКОММ» (RU), TOB «СЕВОКОММ» (UA) and SEVOCOMM Netherlands BV (NL). Consulting: advisory to business clients. Telecom & IT Engineering: the drawing and design of mobile or fixed networks. Telecom & IT Research & Development: any type of R&D that is related to mobile and fixed networks. Customer: the natural or legal person with whom we have concluded an agreement for the provision of services.
3. OFFERS AND ACCEPTANCE
All our offers, price indications and information (such as delivery deadlines) are indicative and are entirely optional. Our offers and price indications shall remain valid for one month unless another deadline has been expressly indicated by us. Invoicing is done on the basis of this offer. The agreement comes into effect only after our written approval has been obtained or if we have started carrying out the agreement in accordance with the assignment and/or order.
4. EXECUTION OF THE AGREEMENT
We will execute the agreement to the best of our ability and with due diligence. If and to the extent that proper execution of the agreement so requires it, we reserve the right to outsource certain activities to third parties. The customer shall provide us in good time with any data indicated as essential or which the customer can reasonably be expected to understand as essential for the execution of the agreement. If these data have not been provided, we reserve the right to suspend execution of the agreement and/or to charge the customer for any extra costs due to the delay according to the usual rates. We are also not obliged to pay any compensation nor are liable for any damage of whatever type. We will assume that the texts and contents provided are correct and have been proofread. Any adjustment to the contents can only be valid if they are communicated to us in writing or via email. The customer shall hold us harmless against any claims by third parties for damage resulting from the execution of the agreement. We reserve the right to suspend provision of our services or to cancel them altogether if the customer has not satisfied his payment obligations or if he has not paid for services already provided.
5. DURATION AND TERMINATION
Consultancy is always conducted by a fixed period, this will be the agreed man days over the agreed period. The design and creation of an Engineering design or other application by us shall be regarded as a one-off agreement and shall have no period of duration. In case of a master agreement for Engineering services, this master agreement shall be valid for one year with a prediction of the amount of designs or other applications. In the case of a maintenance agreement relating to the existing Telecom or IT Engineering assets, this agreement shall be valid for one year. In the event of unilateral termination of the assignment by the customer, the latter shall owe us compensation. This compensation shall consist of money owed for services already provided and a fixed level of compensation equal to 25% of the indicative price indicated in the offer or order form. Cancellation of the assignment should be sent in writing by post or email for the attention of “SEVOCOMM”.
6. DELIVERY DEADLINES
Exceeding the delivery deadline can under no circumstance be used as a reason for cancellation of the contract agreed with us, nor can it be the reason for a fine and/or for statutory damages. We are in no way liable for late delivery or the loss of a dispatch by third parties or damage during transit.
7. FORCE MAJEURE
If we are not capable of satisfying one or more of our obligations as the result of unforeseen circumstances beyond our control, we shall have the right to suspend the agreement wholly or partly by registered letter or to suspend its implementation wholly or partly, without being liable for any damages. Examples of force-majeure are strikes, lockout, interruptions to transport, fire, insufficient personnel whether or not due to illness, etc.
When placing an order, the customer accepts that we are authorized to increase the agreed price if the cost of wages, social contributions or similar have increased as the result of measures taken by the authorities, for whatever reason, resulting in increases introduced since the coming into effect of the agreement. Our prices are exclusive of VAT.
All our invoices are payable in cash by bank transfer to the account number indicated on the invoices without being subject to any reduction or discount within 14 days. If in the event of exceptional payment deadlines, these are not adhered to, the total outstanding amount shall be immediately and automatically eligible. Any amount not paid by the expiry date shall be automatically increased without prior notice by 12% interest per year and compensation equal to 15% with a minimum of €165 per invoice. In the event of non-payment or only partial payment, we reserve the right to suspend execution of the agreement until the complete amount of the (previous) order or orders has been paid or to declare the agreement partially or wholly suspended without judicial intervention or prior notice. All non-payments after 90 days will be hand-over for judicial intervention.
SEVOCOMM sends invoices only in digital (PDF) format to the in the contract agreed e-mail address. Analog invoices will have an surplus charge of 9,50 Euro per invoice for handling.
SEVOCOMM is receiving invoices only in a digital format (PDF) and with a valid given Purchase Order Number (PO#), when receiving invoices Analog via traditional post, we will deduct 17,50 Euro per invoice for handling, invoices without PO# are not accepted and send back to sender or different is contractual agreed. SEVOCOMM‘s suppliers and clients are agreeing by conducting business with us without further notice.
All material made by us may not be changed or processed in any other media than for which it was originally made without our express agreement. The ownership of our ideas, concepts or designs remains ours unless expressly otherwise agreed in writing. In the latter case, we may require payment of a fee. In the event of infringement of our intellectual property right, we are authorized to charge a reasonable level of compensation determined by us.
If we have had recourse to using the services of third parties, we cannot be held liable for damage of whatever kind. We are in any case not liable for any compensation for indirect damage, consequential damage or damage due to loss of turnover or profit or any other loss. The customer shall be responsible for updating the data provided. We can in no way be held responsible for any loss of data. The customer must immediately inform us in writing of any changes to the data provided by him. If this is not forthcoming, the customer shall be entirely responsible.
Unless otherwise specified in the Contract between PARTNER or CLIENT, SEVOCOMM shall have no obligation to purchase any minimum quantities of goods or services from the Contractor, and SEVOCOMM shall have no limitation on its right to obtain goods or services of the same kind, quality and quantity described in the Contract, from any other source at any time.
14. PUBLICITY AND USE OF THE NAME
The Contractor, partner or client shall not advertise or otherwise make public for purposes of commercial advantage or goodwill that it has a contractual relationship with SEVOCOMM, nor shall the Contractor, partner or client in any manner whatsoever use the name, logo or official seal of SEVOCOMM, or the QPO Group, or any abbreviation of the name of SEVOCOMM or the QPO Group in connection with its business or otherwise without the written permission of SEVOCOMM or QPO Group.
Any complaint must be sent to us in writing by post or email within 5 working days. Once this deadline has been exceeded, we shall be released from any responsibility and it shall be assumed that the customer has accepted the service provided by us. Lodging a complaint shall not release the customer from his payment obligation.
16. DISCLAIMER STATEMENTS AND GT&C
17. CONTRACTUAL LANGUAGE
Due to the nature of SEVOCOMM‘s business in an international Telecom market, SEVOCOMM‘s contracts, disclaimers, terms and conditions, privacy and cookie statements are in English only. The client agrees by using our services or signing a contract, that the English language is valid also as proof in a courtroom without translation in the clients native language.
18. DISPUTES AND APPLICABLE LAW
Any disputes regarding the concluded agreement or regarding the order by the customer shall be governed by Belgian law and only the courts of Antwerp province shall be authorized to take cognizance thereof. The courts and lawyers language is only Dutch.The nullity of one or more conditions does not imply the nullity of the agreement or that of any of its conditions.
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