General Terms and Conditions of Sale

Terms and Conditions of Sale

These general terms and conditions are issued by Ms Vivi-Anne STREEP whose registered office is located at Avenue des Cygnes 12 in 1640 Rhode-Saint-Genèse, and registered with the CBE under number BE1006.740.333.

Scope

1.1. Subject to specific written conditions expressly accepted by all parties, these general terms and conditions shall apply to all contractual relationships between the parties and to all subsequent assignments. They shall prevail over any other document or any other general terms and conditions, even if those were to specify the contrary.

1.2. The practical aspects relating to the missions entrusted to My-Assistant (Vivi-Anne Streep) will be described in a letter of engagement containing the specific conditions agreed between the parties.

Prices – Rates

2.1. Fees (in euros) and other costs are subject to 0% VAT and will be specified between the parties in the special terms and conditions.

2.2. Any services not described in a proposal, quote, or contract that are requested by the Client within the scope of My-Assistant (Vivi-Anne Streep)'s mission will be considered additional and charged as such.

Additional services will be invoiced based on the actual time and expenses incurred by My-Assistant (Vivi-Anne Streep), calculated according to specific contractual agreements, on the one hand, and upon presentation of invoices and/or expense reports relating to the extension of the mission, on the other. The expenses charged may include travel, meals, telephone, accommodation, printing, transport, and any other direct expenses reasonably incurred in connection with the mission.
Additional services are considered to be any tasks not described in the special conditions, such as a service at an event requested by the Client, services outside of My-Assistant (Vivi-Anne Streep)'s office hours, or any activity hindered by an act or omission of the Client or third parties acting on their behalf.

2.3. By mutual agreement, the number of hours of service is set upon signing the contract.
If, for the successful completion of the mission, the number of hours worked were to exceed that set out in the contract, the Client will be informed and must give their agreement for the mission to proceed.

Delivery timeframe

3.1. Unless otherwise expressly agreed in writing, the timeframes stated in the special conditions are indicative and not binding. MY-ASSISTANT (VIVI-ANNE STREEP) will only be liable if the delay exceeds 5 working days. Exceeding the deadlines, even in this case, will not result in the award of damages.

MY-ASSISTANT (VIVI-ANNE STREEP) commits to doing everything possible to offer its Clients a high quality of service. Services are provided subject to MY-ASSISTANT (VIVI-ANNE STREEP)'s availability.

3.3. MY-ASSISTANT (VIVI-ANNE STREEP) reserves the right to refuse to honour a request from a Client who has not fully or partially paid for a previous service or with whom a payment dispute is ongoing.

3.4. MY-ASSISTANT (VIVI-ANNE STREEP) is free and independent in the organisation of their activities but shall collaborate with the Client and take into consideration any directions occasionally communicated by the Client.

Payments

4.1 All invoices are payable by bank transfer to the account of Vivi-Anne Streep,
IBAN BE49 7350 6497 8971, with the communication as stated on the aforementioned invoice.
Invoices are payable within 15 days.

4.2. Failure to pay by the due date shall automatically and without prior notice give rise to the payment of interest on arrears at an annual rate of 10 %, as well as the payment of a fixed compensation amount set at 10 % of the invoice amount.
4.3 Costs incurred on behalf of the Client (such as travel, accommodation, meals, special courier and shipping services, copying and document binding, etc.) will be itemised on the invoice and charged at cost price.

4.4. The invoice will include the number of hours stipulated in the contract, with no possibility of carrying over hours to the following month.

4.5. Invoices will always remain the Client's responsibility. If the Client believes an invoice should be paid by a third party, it is their responsibility to recover the amount from that third party.

Subcontracting & Collaboration

My-Assistant (Vivi-Anne Streep) reserves the right and is therefore authorised to call upon one or more collaborators of her choice to carry out all or part of the services.

Cancellation & Termination

6.1 TERMINATION – END OF THE CONTRACTUAL RELATIONSHIP
The parties may terminate the agreement by mutual consent with a minimum of thirty (30) calendar days' notice to be given in writing, effective from the day the recipient acknowledges receipt thereof.
The notice period, whether worked or compensated, shall be one (1) month in the event of termination of the contract by the client and one (1) month in the event of termination by My-Assistant (Vivi-Anne Streep).
Either party may unilaterally terminate this contract by giving a minimum of 30 calendar days' written notice, which shall take effect on the day the recipient acknowledges receipt.
In the event of termination, any service provided by MY-ASSISTANT (VIVI-ANNE STREEP) will be due.
If either party refuses to provide notice, and no amicable agreement can be reached, the notice period will be compensated by the amount of the last invoice issued, multiplied by the number of months of notice.

6.2 RESOLUTION
Each party may terminate the contract unilaterally, without compensation, when the other party seriously breaches one of its principal obligations and fails to remedy it within 8 (eight) days of written notification of the notice to remedy.
Any debt already invoiced becomes immediately payable and the Client remains liable for services and expenses already incurred. Furthermore, My-Assistant (Vivi-Anne Streep) is entitled to cancel any ongoing service or commitment, without being liable for any damages.

Cancellation

7.1 The Client may cancel, free of charge, the assignment for which they have engaged My-Assistant (Vivi-Anne Streep) only if they have informed My-Assistant eight days before the scheduled date for the performance of the said assignment and by registered letter.

7.2 If the Client cancels the assignment less than 8 days before the date on which it is due to be carried out, they shall be liable to pay My-Assistant (Vivi-Anne Streep) a sum equivalent to 30% of the amount originally agreed for the assignment.
If the Client cancels the assignment 24 hours before the date scheduled for its performance, they shall be liable to pay My-Assistant (Vivi-Anne Streep) a sum equivalent to 50% of the amount originally agreed for the assignment.
In the event of cancellation of the mission on the date planned for its execution, the Client shall owe the full amount foreseen for the mission.

7.3 In any event, any costs already incurred by My-Assistant (Vivi-Anne Streep) for the performance of the said mission will be invoiced to the Client.

Force majeure

Neither party shall be held liable for the total or partial non-performance of its obligations if such non-performance is due to a fortuitous event or the occurrence of a force majeure event.

Claims

Failure to comply will invalidate any claim, which must be submitted by registered letter within eight days of the date of completion of the requested service.

Responsibility

The client acknowledges and accepts that all obligations owed by My-Assistant (Vivi-Anne Streep) are obligations of means only.
In addition, My-Assistant (Vivi-Anne Streep) cannot be held liable for errors committed by its client or its potential agents.
MY-ASSISTANT (VIVI-ANNE STREEP) is only responsible for compliance with its legal and contractual obligations, as well as for direct damages caused by its actions.
MY-ASSISTANT (VIVI-ANNE STREEP) can only perform the services provided that the Client has provided all the necessary elements for their completion and has not omitted to provide any information that could influence the outcome of the services. If applicable, in the event of omitted or missing information, MY-ASSISTANT (VIVI-ANNE STREEP) cannot be held liable for the results of the services.
In the event of the Client or a third party holding MY-ASSISTANT (VIVI-ANNE STREEP) liable, its liability shall, in all cases, be limited to the amount of the services concerned by the dispute or liability claim and paid for by the Client. In no event shall the amount of damages take into account any expected but unrealised profit or any loss potentially avoided by the Client.

Intellectual property

The creations (written works, oral works, aesthetic creations, graphic and plastic works, photographs, software, logos, advertising creations, etc.) of My-Assistant (Vivi-Anne Streep) are protected by intellectual property legislation and remain her full property, unless expressly stated otherwise.
These creations may only be used by the Client within the scope of the agreements that have been contractually agreed and only within Belgian territory, unless express authorisation to the contrary is granted.
The Client is forbidden from reproducing, directly or indirectly, in whole or in part, adapting or modifying, marketing or distributing to their staff members or to third parties any IT support materials, written materials, or other resources made available without the prior written consent of My-Assistant (Vivi-Anne Streep).
My-Assistant (Vivi-Anne Streep) states that it holds the intellectual property rights relating to the products and services marketed and made available to the Client or that it has obtained a regular right of use for these from the third-party owner.
If the subject of the service contract constitutes a work within the meaning of copyright law, My-Assistant (Vivi-Anne Streep) shall have the choice of assigning or granting, in whole or in part, to the Client the rights to the aforementioned work: the right of reproduction, the right of representation, the right of marketing, the right of use, the right of possession, the right of adaptation, the right of translation, and more generally all exploitation rights.
This concession is valid for all territories and for the entire duration of protection afforded to the work.
In the event of a sale, My-Assistant (Vivi-Anne Streep) shall henceforth refrain from any exploitation of the aforementioned work.

Communications & Security

If the Client informs My-Assistant (Vivi-Anne Streep) of email addresses or any other IT software or service for the purpose of sending documents, My-Assistant (Vivi-Anne Streep) assumes that the Client has taken adequate security and confidentiality measures to protect their interests and data.
My-Assistant (Vivi-Anne Streep) must apply general and usual measures concerning information security.

Confidentiality

13.1 My-Assistant (Vivi-Anne Streep) shall keep strictly confidential all information gathered from the Client during the course of the assignment carried out for them. MY-ASSISTANT (VIVI-ANNE STREEP) shall not be bound by this confidentiality obligation if it can be proven that the information disclosed by them was either information already in their possession or known to them prior to communication by the Client, or information that is in the public domain.
13.2 My-Assistant (Vivi-Anne Streep) has the right to communicate the Client's identity and information concerning the assignment to third parties if they are directly involved in carrying out the assignments for which My-Assistant (Vivi-Anne Streep) is engaged for the same Client.
13.3 My-Assistant (Vivi-Anne Streep) may also refer to the Client's name (but not the content of the assignment) for advertising, promotional presentations, professional brochures and newspaper publications with their prior authorisation.

13.4. The client may refer to the name of MY-ASSISTANT (VIVI-ANNE STREEP) (but not the content of the assignment) for the purposes of advertising, promotional presentations, professional brochures, and newspaper publications with its prior authorisation.

Privacy protection

My-Assistant (Vivi-Anne Streep) is committed to protecting the personal data it processes. To this end, it undertakes to fully comply with the regulations in force applicable to the processing of personal data, and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 («GDPR») and the Belgian law of 30 July 2018.
My-Assistant (Vivi-Anne Streep) will process the client's personal data to enable the best possible execution of assignments and fulfilment of the contract, and to inform the client of My-Assistant (Vivi-Anne Streep)'s activities.
The data controller is Vivi-Anne Streep, located at Avenue des Cygnes 12, 1640 Rhode-Saint-Genèse, registered with the Crossroads Bank for Enterprises under number BE1006.740.333. Data subjects, i.e. the client, have the right to object, at any time, to any direct marketing by sending an email to the following address: info@my-assistant.be. MY-ASSISTANT (VIVI-ANNE STREEP) undertakes to respond within a maximum of one month.
The individuals concerned have the right to access, verify, and correct their personal data by sending an email to the following address: info@my-assistant.be (Vivi-Anne Streep).
If the Client does not agree with the use of personal data by MY-ASSISTANT (VIVI-ANNE STREEP), they can contact the data protection authority.

General provisions

15.1 If one or more of the provisions of these terms and conditions are held to be invalid or declared as such by law, regulation or following a final decision by a competent court, the other provisions shall remain in full force and effect.

15.2. The parties agree that these terms and conditions, and any contract to which they relate, shall be governed exclusively by Belgian law.

15.3. Any dispute between the parties, which cannot be settled amicably, shall fall under the exclusive jurisdiction of the courts and tribunals of the judicial district of Halle (Belgium).