Terms of Sale
GENERAL CONDITIONS OF SALE – WISER HARE SPRL
ARTICLE 1 – PURPOSE OF THE GENERAL CONDITIONS
1.1 By contracting Services with WISER HARE, You accept without reservation the application of these general conditions (hereinafter the “General Conditions“);
1.2 These General Terms and Conditions are supplemented by the Special Terms and Conditions contained in other WISER HARE business documents such as the Order Form. In the event of conflict and/or contradiction between these documents, the Special Conditions shall prevail over the General Conditions.
1.3 Acceptance of these General Terms and Conditions excludes the application of any other provisions in your own business documents unless agreed in advance in writing by WISER HARE. WISER HARE reserves the right to adapt and amend these Terms and Conditions.
1.4 The General Terms and Conditions applicable are those in force at the date of the order for services.
ARTICLE 2 – ORDERING PROCESS
2.1 The Customer may request a quotation and place an order directly via email or in a meeting with a WISER HARE representative.
2.2 The quoted price for intervention shall be indicative, as it is quite possible that after further examination of the Client’s requests, WISER HARE will realise that additional consultancy services are required.
2.3 All services performed following the conclusion of a purchase order will be invoiced.
ARTICLE 3 – RECEPTION
3.1 Payment by the Client will formalize the Client’s approval and acknowledgement that WISER HARE’s services have been performed in accordance with the Client’s orders specified in the Purchase Order. By making payment, the Client releases WISER HARE from any liability arising from such services.
ARTICLE 4 – PRICES AND PAYMENT
4.1 The hourly rates for our services are stated in euros, exclusive of tax, on the Order Form. The prices to be taken into account are those indicated on the day of the order and are to be increased by VAT.
4.2 WISER HARE reserves the right to make the execution of the order conditional upon the payment of a deposit of 30% of the final invoice.
4.3 WISER HARE reserves the right to charge a quotation fee if the quotation is for complex services requiring a significant amount of time (minimum 200 hours).
4.4 Invoices shall be paid by bank transfer to the IBAN account indicated on the invoice.
4.5 In the event of travel, a basic fee of €15 will be charged, plus an additional €0.75/km for the technician’s travel.
4.6 In the event of non-payment of the amount by the Client on the due date indicated on the invoice, contractual interest fixed at 10% per annum shall be due by operation of law from the day following this due date and without prior notice of default.
4.7 In addition, a fixed compensation of 10% will be applied to the total amount of the unpaid invoice, with a minimum of €50.
4.8 An invoice is accepted if it is not contested within 10 days of its issue.
ARTICLE 5 – LIABILITY
5.1 The deadlines announced by WISER HARE are indicative.
5.2 Under no circumstances shall WISER HARE be liable for any delay in the performance of the contract or for the non-performance of the contract due to an external cause.
Limitation of Liability
5.3 Insofar as WISER HARE’s liability is incurred, it shall, in any case, be limited to the damage foreseeable at the time of conclusion of the contract. This limitation of liability shall also apply in the event of gross negligence on the part of WISER HARE and/or its agents.
5.4 WISER HARE shall therefore not be liable for loss of profit, direct and/or indirect damage arising from loss in the broadest sense of the term of any kind.
5.5 The foreseeable damage upon conclusion of a contract with WISER HARE shall be limited to the price of the services invoiced since the beginning of the contract.
ARTICLE 6 – Guarantee
Guarantee of hidden defects
6.1 The Customer benefits from the legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code).
6.2 The hidden defect must be notified to WISER HARE by registered letter within two months of the customer’s discovery.
6.3 The Customer must establish the admissibility and basis of his warranty claims in writing. The same shall apply to the proof of any suspension of the time limits to which such claims are subject.
ARTICLE 7 – INTELLECTUAL PROPERTY RIGHTS
7.1 Subject to full payment of WISER HARE’s invoice and, consequently, acceptance of the services referred to in Article 3, WISER HARE transfers to the Customer full ownership of the specific developments made within the framework of the contract, including source and object programs, as well as the associated documentation. This assignment is granted on an exclusive basis, for the entire duration of the copyright as defined in current or future laws, for the entire world. It represents 15% of the amounts invoiced by WISER HARE.
7.2 The transfer includes the rights of reproduction, communication to the public, exploitation, integration in whole or in part, with or without modification of the interface, direct or indirect broadcasting or by any electronic, telecommunication or satellite means and on all present and future media, in particular paper, electronic, magnetic, network disk, floppy disk, DVD, CD, CDI, Online and Offline.
7.3 The transfer also includes the rights of correction, evolution, monitoring, maintenance, adaptation, translation, marketing, publishing and transcription of all the elements transferred.
7.4 The rights defined above are also assigned to the documentation associated with the specific developments.
7.5 WISER HARE’s moral rights are regulated in accordance with Article 6 bis of the Berne Convention, i.e. WISER HARE authorizes the customer to make any reasonable modification of the software in order to allow the continuation of one of the above-mentioned modes of exploitation. The Customer waives the right to invoke his moral rights to oppose such modifications unless he demonstrates that the modification in question is prejudicial to his honour or reputation.
ARTICLE 8 – PROCESSING OF PERSONAL DATA
8.1 WISER HARE processes and collects the personal data of these Customers in compliance with the legislation on privacy. The purpose of this processing is for WISER HARE to manage its customer database. You may access the information held by WISER HARE about you and request that it be corrected by sending an e-mail request to firstname.lastname@example.org or by post to Wiser Hare SPRL, Avenue du Frioul, 36 boîte 31, 1140 Evere, indicating your full name and address.
ARTICLE 9 – APPLICABLE LAW AND JURISDICTION
9.1 These General Conditions are subject to Belgian law. Any dispute relating to their interpretation and/or execution is subject to the competent courts of Brussels.