2Mpact general conditions

General Terms and Conditions 2Mpact

Copyright © 2Mpact nv, Kerkstraat 108, 9050 Gentbrugge, BELGIUM, tel. 09 233 48 66, fax 09 233 51 19,

e-mail: info@2Mpact.be website: http://www.2Mpact.be, Enterprise number/VAT no: 0472.134.137, RPR Gent

Article 1. Scope of these general terms and conditions

1.1.These conditions are valid for all customers, suppliers and third parties, whether or not connected by a
prior agreement, trading with 2Mpact nv.

1.2. These general terms and conditions apply to all products and services offered by 2Mpact nv.
The customer receives these terms and conditions with the quotation, as an appendix to the order or agreement and specifically for what the
payment modalities for the invoices of 2Mpact nv. By signing the quotation, the order or the
agreement or the acceptance of the invoice, the customer acknowledges that he has taken note of and agrees with this
requirements. Unless expressly agreed, the applicability of any purchase or other conditions
expressly rejected by the customer.

1.3. The most recent version can be found at here online or upon simple request by e-mail or by
to obtain mail.

1.4. If changes are made, they will be published on the 2Mpact nv website within 30 days of their announcement
and/or to the customer himself. If a change is not reasonably acceptable, the customer is entitled to cancel the agreement terminate – the agreement will then end on the 30th day after the notification of the wish to
termination by the customer.

Article 2. Quotation and agreement

2.1. The offers made by 2Mpact nv are valid for 60 days, after that they have a purely informative where the. All prices are always exclusive of VAT. Prices are indicative and may be subject to change. If the acceptance, even on minor points, deviates from the offer included in the quotation, 2Mpact nv does not be bound to. Quotations do not automatically apply to future assignments, and require composite quotations by no means 2Mpact nv to perform part of the assignment against a corresponding part of the specified price.

2.2. An agreement is only concluded after signing a document (e.g. order confirmation, order form,
contract) in which, on the one hand, a clear project description with detailed and possibly adjusted quotation was made included, as well as specific implementation modalities and the present general terms and conditions. Only if the
agreement explicitly refers to the offer, these provisions remain valid. Otherwise, the provisions of the agreement. This document is signed by either the customer or an authorized its representative who undertakes in solidarity with the legal person in whose name he acts, and on the other hand by 2Mpact by way of acceptance of the assignment. Only then will the agreement be concluded. Only the delegate director of 2Mpact nv is authorized to commit the company.

Article 3. Responsibilities of the customer

3.1. Without the prior written consent of 2Mpact nv, the customer is not entitled to any rights and obligations that
arising from this or any other agreement to third parties.

3.2. The customer accepts that 2Mpact nv is at all times entitled to refer to the services and/or products provided, stating the customer's identity details, unless expressly stated otherwise agreed.

Article 4. Responsibilities of 2Mpact nv

4.1. 2Mpact nv takes the required care in the execution of the assignments entrusted to it and is only charged with an effort commitment. 2Mpact nv is not liable for any direct or indirect damage of which it is stated in this terms and conditions has not expressly determined its liability. The liability of 2Mpact nv remains in any case limited to the amount of the project as included in the agreement. The customer indemnifies 2Mpact nv against any claim from third parties, even after termination of the agreement. What the services come from third party suppliers, 2Mpact nv  accepts no liability above or other than the liability that the third party suppliers are willing to accept for their products or services.

4.2. 2Mpact nv takes the greatest care in providing advice on a wide range of subjects. This can include in the form of an e-mail, oral advice, written document or report. 2Mpact nv cannot be held liable be liable for any damage that would result from the correct or incorrect use of the 2Mpact advice provided.

4.3. The following apply in particular to the training courses (information sessions, workshop, conference, etc.) organized by 2Mpact nv:
- Register for a training - You can register for a training via the registration form on the website. If the form has been completed and sent correctly, a confirmation message will appear on your screen appear and you will receive a confirmation email. About a week before the start of the training you will receive a confirmation of participation with practical information.
- Cancellation of your registration free of charge - You can cancel free of charge up to 5 working days before the start of the training. This must always be done in writing (by e-mail, fax or letter). In case of later cancellation, 50% of the registration fee, with a minimum of EUR 50 is due.
- Absence without written notice - In the event of absence without written notice (at least 24 hours before start of the training), the full registration fee will be charged. For free courses, in the event of absence without notice 20 EUR administrative costs will be charged. You will be informed of this the day after the training brought.
- Change of registration - If you are unable to attend the training, you can send someone in your place. Please this
notify the change by email.
- Cancellation by the organization - In the event of insufficient registrations or unforeseen absence of a teacher, the
organization cancel the training. You will be informed by e-mail or telephone.
- Certificate of participation - The participant will receive a certificate of participation after payment of the registration fee.
- Payment of the training - You can find the participation price (excl. VAT) in the announcement of the training. For this will you receive an invoice. The participation price includes any costs for a documentation folder and catering, unless otherwise stated. For the payment modalities, see art. 5.
- SME portfolio - If you qualify for the SME portfolio, you must report this when registering. The necessary information is then provided to complete the process.

4.4. The execution times specified by 2Mpact nv are for informational purposes only. Exceeding the terms does not give any claim for compensation or dissolution of the agreement. When 2Mpact nv, due to force majeure, impossibility to perform the agreement, even if the force majeure does not lead to permanent and/or absolute impossibility of execution, 2Mpact nv has the right to cancel the contract by simple written notice service to the customer of the reason that prevents the execution of the contract. Power of attorney is understood to mean: natural conditions, strike or lock-out, fire, flood, confiscation, embargo, general scarcity of goods, disease, epidemic or pandemic, redundancy and in general any unforeseen circumstance that affects the contractual disrupts the balance to a significant extent, regardless of whether the force majeure occurs at 2Mpact nv, at one of the suppliers or one of the employees. In that case, the customer is not entitled to compensation.

Article 5. Payment methods

5.1. Advances and delivery - Upon receipt of a signed agreement, an advance of 15% of the total amount is payable
invoice amount due. This advance cannot be reclaimed under any circumstances. In the agreement, specific part-time delivery times are foreseen. If not stipulated otherwise at the time of provisional acceptance, a additional advance invoice of 60% is due and payable. It is also possible to determine that the invoicing is pro rata performance is done, based on monthly performance statements.

5.2. Price review clause - A review of the price based on accepted indicators that the price influence (e.g. tax rates, social security contributions, transport costs, raw material costs, externally purchased services,…) is always possible
time possible. Depending on the nature of the project, a specific clause can be included in the agreement.

5.3. Additional work - If a fixed price has been agreed with the client, this fixed price will only relate to to the activities and services of 2Mpact nv mentioned in the agreement. Any activities and services that are supplied by 2Mpact nv in addition to or in amendment thereto on the instructions of the client, hereinafter referred to as additional work, will be charged to the client on the basis of subsequent calculation at the usual rates.  

The following circumstances may give rise to additional work:

a) extension or change of analysis, package of requirements and wishes or design, after this has been approved by the client approved;

b) requirements, wishes, preconditions or expectations of the client that at the time of entering into the agreement
have not been made known to 2Mpact nv, or not in full, or not sufficiently clearly;

c) defects and shortcomings in products or services of third parties, which 2Mpact nv could not reasonably have detected provided for or over which 2Mpact nv can exercise little or no influence;

d) insufficient cooperation from the client in the execution of the agreement.

Depending on the impact of the requested changes, this may lead to a revision of the agreement.

5.4. Term of payment - Unless otherwise agreed or stated on the invoice, the invoices are payable at the latest
thirty days after receipt of the invoice. Disputes must be submitted by e-mail within eight days after the invoice has been sent to be notified by registered letter to 2Mpact nv. For any delay in payment, the customer is liable from the
due date of the invoice, by operation of law and without prior notice of default, a late payment interest of 1%
per commenced month and without prejudice to any compensation and costs. It is also legally and without prior notice of default owes a fixed compensation amounting to 10% of the invoice amount with a minimum of 250 euros as damages clause, this without prior notice of default and on top of the principal sum, the default interest, collection, reminder, prosecution costs and expenses as a result of loss of time and judicial or legal costs. This compensation clause does not affect the obligation to pay the stipulated default interest.

5.5. Retention of title - Until the buyer has paid in full and definitively, 2Mpact nv retains the full ownership of the products and services. However, all risks are borne by the customer. The advances paid remain acquired by the seller to compensate for the possible losses on resale. The customer undertakes to to show these terms and conditions of sale to any public official who has not yet fully paid for products and services for the benefit of third parties.

5.6. Explicit termination clause - In the event of non-payment of the invoice within the stipulated period, the customer declares explicitly that 2Mpact nv is no longer obliged to provide or perform the proposed services, nor to guarantee established quality objectives, nor can it be held liable for any damage that could arise at that time. If the customer fails to pay for the delivered services and products or has failed to fulfill its obligations in one way or another, 2Mpact nv may, by operation of law and without prior notice notice of default, dissolve part of the contract or the entire contract, by notifying the customer via a simple notification and this without prejudice to its claim for compensation.

Article 6. Arrangements upon termination of the cooperation

6.1. Upon termination of the collaboration, the customer undertakes, at the simple request of 2Mpact nv, to to remove any reference to 2Mpact (text or logo mention) on the website or other carriers and to waive any reference to 2Mpact as a company, brand or supplier of services and products.

6.2. The cancellation of an order prior to execution or during execution by the customer must be notified in writing
to happen. The cancellation is only valid if expressly accepted by 2Mpact nv. In that case, the customer is, in addition to the compensation for services already performed, a fixed compensation owed of 25% of the project value, unless 2Mpact nv demonstrates a higher damage for certain reasons.

Article 7. Privacy policy – ​​protection of privacy

7.1. 2Mpact values ​​your privacy. As a processor of personal data, 2Mpact takes all necessary administrative and technical (security) measures to comply with legal requirements to guarantee your privacy in accordance with the applicable local legislation (e.g. Act of December 8, 1992), and the provisions of the General Data Protection Regulation (GDPR) of 27 April 2016 in particular. For any question about this you can address yourself to Jurgen Plyson, responsible for data processing within 2Mpact (jurgen@2mpact.be or tel. +32 9 233 48 66).

7.2. 2Mpact only collects the data that is relevant. In most cases this only concerns name, address, email address and telephone number. If other personal data are also processed, this is explicitly stated in the processing register and reported to the data subjects (e.g. personnel data).

7.3. The purposes of the processing of the personal data are stated individually at all times with the promotions, but are in to summarize globality:
- communicating with customers and suppliers in the context of concluded agreements (legal basis is contract)
- comply with legal obligations (e.g. accounting or tax obligations, personnel administration) (legal basis is legal obligationbasis is wettelijke verplichting)
- Communicate to prospects using data obtained through unambiguous consent or on the basis of legitimate interests (e.g. via a newsletter).

7.4. The processing of your data includes storing them on both physical and digital carriers, using them for postal or electronic mailings and analysing them internally (compiling lists, internal analysis). 2Mpact nv undertakes, however, never to disclose never disclose these data to third parties without the explicit consent of the party concerned, unless this is required by law. The data is not kept longer than is justified (e.g. until the end of the agreement).
If 2Mpact itself acts as a processor of data from third parties, an appropriate processing agreement will be concluded.
concluded for this purpose.

7.5. You have the following rights: the right to information about our approach, the right to inspect your
personal data, the right to correction, restriction, deletion and transfer as well as the right not to be subjected to
automated individual analysis. You can also object to their use or, if you have consent, withdraw it.
You can send your request in this regard to the responsible party mentioned in 7.1, after which we will respond within a week.You are also free at any time to lodge a complaint directly with the Data Protection Authority: Commission for the Protection of Privacy, rue du Mail 35, 1000 Brussels, Tel.: +32 (0)2 274 48 00, Email:  commission@privacycommission.be

7.6. Changes to the 2Mpact nv Privacy Regulations are possible at any time, but will be communicated to those concerned
Those concerned will be informed of any changes via individual communications or via the website. The most recent version - which will come into force 30 days after publication on the on the 2Mpact.be website - can always be found here.

Article 8. Other provisions

8.1. Evidence - Both 2Mpact nv and the customer accept electronic communication (eg e-mail) as means of proof.

8.2. Complaints - Complaints about the services and products provided must be sent by registered letter within five working days to be transferred to 2Mpact nv. After this period, the objection will no longer be considered. A complaint is not allowed under any circumstances justify a postponement or suspension of payment.

8.3. Recruitment clause - The appointees of 2Mpact nv are exclusively employed by it. Consequently, the customer undertakes not to call on the personal services in their own name and for their own account of appointees of 2Mpact nv.
In addition, the customer undertakes not to recruit or hire any employees of 2Mpact nv within twelve
months after leaving 2Mpact nv's employment, nor to encourage them to break their agreement with 2Mpact nv
with a view to entering into employment with the customer, and this subject to forfeiture of a fixed compensation equal to the amount of the last gross annual salary of the recruited employee.

8.4. Applicability - If one or more provisions of these terms and conditions would not apply, the other applies without prejudice. A possible failure of 2Mpact nv to demand the implementation of the provisions of these General Terms and Conditions of Sale, shall not waive or waive the application of these or may imply any other provision. The rights and obligations arising from the agreements between 2Mpact nv and arising from the customer cannot be transferred in whole or in part without the prior written permission from 2Mpact nv.

8.5. Evidence and applicable law - Belgian law applies. In case of dispute or dispute, only the
courts of Ghent have jurisdiction.

Version 8 – 15/3/2020

2Mpact nv - Kerkstraat 108 B-9050 Gentbrugge - Belgium - Disclaimer & Privacy Policy - General condtions