1.1. These conditions apply to every offer and every agreement between Triple A Solutions and its client(s), insofar as these conditions have not been expressly deviated from by the parties.<\/p>\n\n
1.2. If the client consists of separate persons acting jointly for the provision of the assignment, each of them is jointly and severally liable. Persons also include legal entities.<\/p>\n\n
1.3. When Triple A Solutions deviates from one or more articles of these conditions in an agreement, this deviation applies only once and insofar as it has been expressly agreed upon in writing. All articles of these conditions from which no express deviation has been made remain fully in force. Such a one-time deviation can never be invoked in subsequent agreements. <\/p>\n\n
2.1. All our offers are without obligation and must always be considered as a whole.<\/p>\n\n
2.2. Price quotes, quantities, executors, reports, and similar elements appearing in our quotations are not binding, except insofar as they are expressly included in an agreement signed by the parties or in an order confirmation signed by Triple A Solutions.<\/p>\n\n
3.1. The copyright regarding issued documents rests and remains with Triple A Solutions.<\/p>\n\n
3.2 Triple A Solutions undertakes to keep secret all specific knowledge it acquires regarding the client’s business.<\/p>\n\n
4.1. The assignment is established if Triple A Solutions has confirmed the agreement in writing, or if a written offer from Triple A Solutions has been accepted in writing by the client, or if the agreement has been confirmed in writing by the parties in another manner. Communication by email and\/or scanned signed documents are equated to written communication. <\/p>\n\n
4.2. If a supplementary agreement is established, Triple A Solutions has the right to invoice the modification or addition separately once it has been executed.<\/p>\n\n
4.3. If the client, after approval of the assignment, makes changes to the requirements set for the assignment, the resulting necessary work will be charged separately based on time spent and costs incurred, unless expressly agreed otherwise.<\/p>\n\n
4.4 Triple A Solutions is entitled to engage subcontractors for the services to be provided and work to be performed.<\/p>\n\n
5.1. If the client cancels an assignment or terminates it prematurely, other than as contractually agreed, they shall owe Triple A Solutions: remuneration according to the status of the work, costs incurred, as well as costs arising from any commitments entered into by Triple A Solutions with third parties for the fulfillment of the assignment.<\/p>\n\n
Furthermore, the client shall owe Triple A Solutions 100% of the remaining part of the remuneration and costs that they would have owed upon full fulfillment until the end of the assignment by Triple A Solutions.<\/p>\n\n
These amounts must be paid within thirty days of the invoice sent by Triple A Solutions in this regard. <\/p>\n\n
5.2. Triple A Solutions’ claims against the client are immediately due and payable in the following cases:<\/p>\n\n
– if, after the conclusion of the agreement, Triple A Solutions becomes aware of circumstances that give Triple A Solutions good reason to fear that the client will not fulfill their obligations;<\/p>\n\n
– if Triple A Solutions asked the client to provide security for fulfillment at the time the agreement was concluded and this security is not provided or is insufficient.<\/p>\n\n
In the aforementioned cases, Triple A Solutions is authorized to suspend further execution of the agreement or to proceed with the dissolution of the agreement, without prejudice to Triple A Solutions’ right to claim damages.<\/p>\n\n
5.3. If circumstances arise regarding persons and\/or materials that Triple A Solutions uses or is accustomed to using in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so burdensome and\/or disproportionately expensive that fulfillment of the agreement can no longer reasonably be required, Triple A Solutions is authorized to dissolve the agreement.<\/p>\n\n
6.1. The agreed price is the price or rate mentioned in the agreement or in the order confirmation, excluding VAT.<\/p>\n\n
6.2. For transactions in foreign currency, the agreed price is the equivalent in Euro currency according to the exchange rate on the date of the order confirmation or the date the agreement was established, respectively.<\/p>\n\n
6.3. If changes occur in wages, social security contributions, working conditions, value-added tax, and\/or other levies and\/or exchange rates after our order confirmation, affecting our cost price, Triple A Solutions is entitled to adjust the agreed prices proportionally.<\/p>\n\n
7.1. Unless expressly agreed otherwise, an agreed delivery time is not a strict deadline. In the event of late delivery, the client must give Triple A Solutions written notice of default. <\/p>\n\n
If the agreement cannot be executed on time by Triple A Solutions due to force majeure (see Article 12), the delivery time shall be extended by a period that, taking all circumstances into account, can reasonably be regarded as a delay in the execution of the assignment due to said circumstances. If this period lasts longer than 6 months, both parties are authorized to dissolve the agreement without any obligation to pay damages in that case. <\/p>\n\n
8.1. Without prejudice to the provisions earlier in this article, the client shall not acquire ownership upon delivery, and Triple A Solutions retains ownership of the delivered goods and drawings as long as everything owed by the client to Triple A Solutions has not yet been paid, while Triple A Solutions is then entitled to take back the delivered items, after possibly dismantling them from the goods with which the delivered items may have been assembled.<\/p>\n\n
9.1. If a fixed price has been agreed upon, monthly advances may be due up to the estimated amounts spent as costs by Triple A Solutions in the respective weeks, for which advances Triple A Solutions will send invoices.<\/p>\n\n
9.2. Payment must be made on the agreed payment date or within thirty days of the invoice date, without any discount or set-off.<\/p>\n\n
9.3. In the event of late payment, a fixed compensation of 10% on the sums due (with a minimum of 40 euros) and interest in accordance with the Act on combating late payment in<\/p>\n\n
commercial transactions dated August 2, 2002, shall be due by operation of law and without prior notice of default. Furthermore, in the event of non-payment, all payment terms shall lapse by operation of law and all invoices, even those not yet due, shall become immediately payable. <\/p>\n\n
9.4. In the event of liquidation, bankruptcy, or suspension of payment of the client, the client’s obligations shall be immediately due and payable.<\/p>\n\n
9.5. Payments made by the counterparty always serve to settle, in the first place, all interest and costs due, and in the second place, the outstanding invoices that have been open the longest, even if the counterparty states that the payment relates to a later invoice.<\/p>\n\n
10.1. Every commitment that Triple A Solutions enters into with its Client(s) is deemed to be an obligation of means and can never be considered an obligation of result.<\/p>\n\n
10.2. Any complaints regarding the services and solutions etc. provided by Triple A Solutions must be submitted in writing to Triple A Solutions within one month after performance or delivery, with a precise statement of the facts to which the complaints relate.<\/p>\n\n
10.3. The client’s right to complain lapses if the performance of the work or services deviates from the agreed specifications and\/or description.<\/p>\n\n
10.4. Any complaints about delivered goods, or regarding the invoices sent by Triple A Solutions, must be submitted in writing within one month after receipt of the goods or the invoices, with an explicit statement of the facts to which the complaints relate.<\/p>\n\n
10.5. The client’s right lapses with regard to goods processed and\/or handled by or on behalf of the client.<\/p>\n\n
10.6. If submitted complaints do not comply with the above, they will not be processed.<\/p>\n\n
11.1 Triple A Solutions is not liable for costs and damages that may arise as a direct or indirect result of infringements of patents, licenses, or other rights of third parties through the use of data provided by or on behalf of the client for the execution of the assignment.<\/p>\n\n
11.2 The client is obliged to indemnify Triple A Solutions for all costs and damages that may arise for Triple A Solutions as a direct or indirect result of defects in goods supplied by the client for the execution of the agreement, including installations, equipment, tools, etc., regardless of whether Triple A Solutions has performed work on or with these goods. The client is obliged under the agreement to comply with a call for indemnity. <\/p>\n\n
11.3 If and insofar as the control or daily supervision of the execution work regarding the production of drawings and the creation of an object is performed by the client or by third parties on behalf of the client, and Triple A Solutions has not been assigned a task regarding that control or daily supervision, Triple A Solutions cannot be held accountable for errors in that control or daily supervision.<\/p>\n\n
12.1 Force majeure is understood to mean circumstances that prevent the fulfillment of the commitment and which are not attributable to Triple A Solutions.<\/p>\n\n
This shall include (if and insofar as these circumstances make fulfillment impossible or unreasonably difficult): strikes in companies other than Triple A Solutions, wildcat strikes or political strikes in Triple A Solutions’ company, a general lack of necessary raw materials and other goods or services required to achieve the agreed performance; unforeseeable stagnation at suppliers or other third parties on which Triple A Solutions depends, and general transport problems.<\/p>\n\n
12.2 Triple A Solutions also has the right to invoke force majeure if the circumstances preventing (further) fulfillment occur after Triple A Solutions should have fulfilled its commitment.<\/p>\n\n
12.3 During force majeure, the delivery and other obligations of Triple A Solutions are suspended; if the period in which fulfillment of the obligations by Triple A Solutions is not possible due to force majeure lasts longer than 6 months, both parties are authorized to dissolve the agreement without any obligation to pay damages.<\/p>\n\n
12.4 If Triple A Solutions has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to invoice what has already been delivered or is deliverable separately, and the counterparty is obliged to pay this invoice as if it were a separate contract.<\/p>\n\n
13. Every candidate is considered proposed to the Client as soon as the Contractor communicates about that candidate to the Client orally or in writing.<\/p>\n\n
If the Client passes the proposed candidate to another company, whether or not directly affiliated with the Client (the Network), without written permission from the Contractor, the Contractor will issue an invoice to the Client for EUR 20,000 (excl. VAT). The Client must pay this invoice in cash within 8 days. <\/p>\n\n
If the Client or the Network employs or enters into a collaboration with a candidate proposed by the Contractor within 12 months after the proposal, in any form whatsoever, without prior written permission from the Contractor, the Contractor will issue an invoice to the Client for EUR 20,000 (excl. VAT). The Client must pay this invoice in cash within 8 days. <\/p>\n\n
If the Contractor and the Client agree in writing that the candidate proposed by the Contractor will be employed by or enter into a collaboration with the Client or the Network, the Contractor will issue an invoice to the Client for 25% of that candidate’s gross annual salary (excl. VAT), regardless of the number of days already worked. The Client must pay this invoice in cash within 8 days. <\/p>\n\n
14.1. All agreements between Triple A Solutions and the client(s) are governed by Belgian law and are deemed to have been concluded in Belgium.<\/p>\n\n
14.2. All legal proceedings arising from the execution or interpretation of the concluded agreements shall be settled exclusively by the court of the district in which the registered office of Triple A Solutions is located. Additional conditions for assignments performed at the client’s location in Belgium <\/p>\n\n
15.1 The rates agreed upon in writing with the client serve as the basis for settlement.<\/p>\n\n
15.2 The rates are based on normal working hours in a 5-day work week of 7.6 hours per day.<\/p>\n\n
15.3 The rates may be adjusted in accordance with government guidelines.<\/p>\n\n
15.4 Overtime is settled on the basis of surcharges; hours exceeding the 38-hour work week are increased by the following surcharges:<\/p>\n\n
\u2022 From 38 to 40 hours: pro-rata rate adjustment at 100%.<\/p>\n\n
\u2022 Hours exceeding the 40-hour work week are increased by the following surcharges:<\/p>\n\n
o Monday to Friday + 50%;<\/p>\n\n
o Saturday + 50%;<\/p>\n\n
o Sunday and national holidays + 100% unless otherwise agreed in writing.<\/p>\n\n
15.5. Travel hours are only settled if the number is greater than usual for daily travel from home to the base of operations and vice versa.<\/p>\n\n
The following costs are for the account of the client:<\/p>\n\n
15.6 Costs of accommodation and meals during stays or visits elsewhere, at the request of the client, upon submission of expense reports.<\/p>\n\n
15.7 Travel costs upon submission of expense reports, for public transport, taxi, air travel, company car, or private car.<\/p>\n\n
15.8 Travel costs for commuting on Saturdays, Sundays, and holidays are considered extra costs and are therefore reimbursable. Travel costs for usual commuting are charged separately according to the rates of the underlying agreement. <\/p>\n\n
15.9 Translation work to be performed by third parties is settled on the basis of invoices received.<\/p>\n\n
15.10 Insofar as applicable, the following are also settled: -telephone, telex, telegram, and post -freight costs -extra clothing for the benefit of labor protection measures, climatological conditions, or dirty work.<\/p>\n\n
-making workspace(s) available to the client -computer costs.<\/p>\n\n
15.11 Triple A Solutions’ weekly timesheet is used for the regulation of working hours, overtime, and travel hours.<\/p>\n\n
15.12 For assignments performed at the client’s location in Belgium, this weekly timesheet is prepared in duplicate and must be signed by the client for approval. One copy is intended for the client. <\/p>\n\n
15.13 Invoicing takes place monthly on the basis of these weekly timesheets.<\/p>\n\n
15.14 Payment must be made within 30 days of the invoice date.<\/p>\n\n
15.15 The duration of the work is established in an agreement.<\/p>\n\n
15.16 For assignments performed at the client’s location, a mutual notice period of 4 weeks applies, unless otherwise agreed in the sub-agreement or the framework contract. If termination by the client takes place without observing these weeks, these weeks will be charged normally. <\/p>\n","protected":false},"excerpt":{"rendered":"
Regulation of the legal relationship between Triple A Solutions N.V., hereinafter referred to as Triple A Solutions, established in Diegem, and its client(s). Applicability of these conditions: 1.1. These conditions apply to every offer and every agreement between Triple A Solutions and its client(s), insofar as these conditions have not been expressly deviated from by […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_angie_page":false,"footnotes":""},"class_list":["post-3440","page","type-page","status-publish","hentry"],"yoast_head":"\n