Applicability
“Moving Rocks” is a registered trade name associated with the company FIDELIO CAPITAL BV, with its registered office at Steenovens 57, 2400 Mol, registered under company number 0808.762.046. These terms and conditions apply exclusively to every agreement concluded with FIDELIO CAPITAL BV, unless otherwise agreed in writing. These terms and conditions take precedence by operation of law over any other general terms and conditions and form an integral part of the agreement with FIDELIO CAPITAL BV.
Services
The specific assignment is laid down in one or more separate agreements between FIDELIO CAPITAL BV and the client, except where the parties have agreed a framework agreement. Additional services or assignments falling outside the assignment defined in writing shall be provided by FIDELIO CAPITAL BV on a time-and-materials basis at the agreed hourly rate, unless otherwise agreed in writing. FIDELIO CAPITAL BV shall, however, always inform the client thereof, either orally or in writing, before commencing the additional assignment.
FIDELIO CAPITAL BV always enters into an obligation of means/best-efforts obligation, which the client acknowledges and accepts. It does not undertake to achieve any specific result, unless otherwise agreed in writing. In any event, any compensation that may be owed by FIDELIO CAPITAL BV shall always be limited to the amount invoiced by it for the assignment in question, except in the case of wilful misconduct or fraud.
FIDELIO CAPITAL BV is entitled, in consultation with the client, to engage third parties for specific parts of its assignment.
Provision of information
The client shall ensure that all information he/she provides to FIDELIO CAPITAL BV is complete, correct and usable. Timely and complete provision of information is essential for FIDELIO CAPITAL BV, failing which it may temporarily suspend or postpone the assignment. Information provided by the client is deemed to comply with the applicable laws on copyright and other intellectual property rights.
Intellectual property
FIDELIO CAPITAL BV retains copyright and all other intellectual property rights in everything it develops before or during its assignment, including its systems, methodologies, software and know-how. FIDELIO CAPITAL BV shall also retain all copyrights and other intellectual property rights in all its reports, written advice, working documents, files and other documents it has provided to the client in the context of the assignments to be performed, including documents and files in electronic form.
Professional secrecy and Confidentiality – Personal data
FIDELIO CAPITAL BV has drawn up a specific Privacy Statement for the processing of personal data, which is communicated to the client before the start of the assignment and the full text of which can be consulted on the website [www.movingrocks.be]. By accepting these terms and conditions, the client confirms that he/she is aware of the Privacy Statement and agrees to its contents. The results of the services of FIDELIO CAPITAL BV may never be transferred to any other person or used for any other purpose without the prior written consent of FIDELIO CAPITAL BV.
Cancellation policy
The client may cancel the assignment of FIDELIO CAPITAL BV (in whole or in part) in writing or terminate it early. In the aforementioned cases, as well as in the event of termination of the agreement to the detriment of the client, the client shall owe (i) the hours already performed and (ii) lump-sum compensation of 30% of the agreed total amount of the agreement to cover, among other things, fixed and variable costs and loss of profit, without prejudice to the right of FIDELIO CAPITAL BV to prove greater damage.
Payment
Invoices of FIDELIO CAPITAL BV are payable in cash at the registered office and no later than 14 calendar days after the invoice date, unless otherwise agreed in writing. In the event of non-payment or late payment, the principal shall owe, by operation of law and without notice of default, late-payment interest of 10% per year and lump-sum compensation of 15%, with a minimum of EUR 350 (excl. VAT). If an invoice is not paid on its due date, all outstanding invoices, even those not yet due, shall become immediately due and payable, and FIDELIO CAPITAL BV reserves the right to suspend its assignment immediately until all outstanding debts have been paid.
Disputes
This agreement is governed exclusively by Belgian law. In the event of any disputes, the courts of Antwerp, Turnhout division, shall have exclusive jurisdiction.