General terms and conditions
Services
Dibiz BV, based at Bastelare 134 - 9080 Lochristi and with company number BE0743.585.865 supports companies in their digital transformation journey.
Dibiz is about people, processes, and tools working in harmony to create meaningful change. Our holistic approach ensures that our customer’s organisation doesn’t just implement new systems but fully embraces a new way of working and meaningful work. Dibiz is a transformation partner offering the following services:
- Digital Transformation Strategy (advisory)
- Process Optimization and Automation (advisory)
- Change Management and Training (consulting)
- Technology Implementation and Integration Services (project services)
- Complementary Digital Marketing Services (project services)
Invoicing method
Unless otherwise specified in the offer, the services offered by Dibiz are invoiced on a Time and Material Basis. Invoices will be based on time sheets reflecting the actual hours worked and materials used for the services rendered. The Client agrees to make timely payments based on these records.
Initial Estimation: Project Services will commence with an initial estimation outlining the anticipated scope and timeline. This estimation serves as a guideline only and does not constitute a fixed price or commitment to deliver services within that scope or budget.
Duration of agreement
The duration of the agreement is specified in writing when the agreement is concluded, and begins on the date of signature of the quote.
Payment terms
Invoices are due and payable within 15 days of the invoice date unless otherwise specified in writing. Any complaint concerning this invoice must be submitted by registered letter within eight days of the invoice date.
In the event of non-payment on the due date, the amount of the invoice will be automatically increased, without prior notice, by interest on arrears of 10% per annum. In the event of non-payment after the formal announcement, the amount due will be increased by an administration fee of 125.00 EUR.
Implementation services
Implementation services or projects require 50% prepayment. On signing the agreement on a project basis, the customer undertakes to pay 50% of the project fee to Dibiz prior to the start of the project. Project fees are due within 15 days of the signing of this agreement. Dibiz will commence the project once payment has been received.
Intellectual property rights
Unless otherwise agreed in writing, Dibiz retains all intellectual property rights to all materials and creative works developed or used during the performance of the services. Unless expressly agreed otherwise in a separate written agreement, no ownership rights, copyrights, licences or other intellectual property rights are transferred to the customer.
Suspension
Either party may terminate the open-ended agreement by giving 3 months' notice without compensation. All orders and additional orders will only be executed after written confirmation in a contract.
If the customer fails to meet his payment obligations, all rights transferred to the customer under the agreement will be suspended until these payment obligations are met. In this case, the customer is not authorized to use the creations made available to him/her.
General data protection regulations
Each party, including Dibiz, respects the customer's privacy and processes the customer's personal data in accordance with applicable regulations (in particular Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the Belgian law of 30 July 2018 on the protection of individuals with regard to the processing of personal data). These processing operations are carried out on the basis of the customer's consent and the agreements made.
This data may be used by Dibiz or its group for the execution of the agreement, to meet their legal obligations, and to send information on products or services that may be of interest to the customer.
Liability
To the extent permitted by applicable law, Dibiz disclaims all liability for any special, indirect, incidental or consequential damages of any kind, including, but not limited to, damages or costs resulting from loss of profits, loss of data, loss of revenue, loss of reputation, business interruption, purchase of substitute services, whether or not certain persons are hired, and/or losses suffered by the customer or third parties, as well as property damage or personal injury arising out of the agreement, regardless of the legal basis or theory of liability, whether in tort, contract or otherwise.
Confidentiality
Each party will not disclose or use confidential information about the other party for any purpose other than that for which the confidential information was obtained. The parties guarantee that their employees and/or collaborators as well as third parties engaged by the parties will comply with the confidentiality obligations described in this article.
Force majeure
Any event constituting an insurmountable obstacle to the normal execution of the agreement or rendering it seriously impossible or difficult will be considered a case of force majeure, including (but not limited to): strike, government measures, (temporary) company closure, transportation difficulties, delay or impossibility of supply and damage or failure affecting Dibiz's essential equipment, delay or impossibility of supply on the part of Dibiz's suppliers, power failures, server failures, etc. In the event of force majeure, Dibiz is entitled to suspend the performance of the agreement for a maximum period of three months or to terminate all or part of the agreement, without being liable to pay any compensation. Under no circumstances may the customer's financial obligations be suspended or terminated due to force majeure.
Client Obligations
The client agrees to provide all necessary information, resources, access, and cooperation in a timely manner for Dibiz to perform the agreed services. Any delay or failure to provide these elements may result in delays or temporary suspension of services.
Compliance and Ethical Standards
Dibiz commits to performing services in compliance with applicable regulatory standards and industry ethical practices, particularly regarding data management, personal information protection, and marketing strategies.
Fees adjustments based on Indexation
Fee adjustments will be applied annually on January 2 of each year and will reflect the percentage change in the specified index over the preceding 12-month period.
Applicable law
The agreement and the rights and obligations of Dibiz and the customer under the agreement are established in accordance with and subject to Belgian law. Any dispute relating to the validity, application, performance or interpretation of this agreement shall be subject to the jurisdiction of the courts of Ghent-subdivision Dendermonde.