1. These general terms and conditions will govern the contractual relationship between Sparkfish BV, with social seat at 3500 Hasselt (Belgium), Pietelbeekstraat 4, company number 0739.872.052,  hereafter ‘Sparkfish’ and the client.
   
   
2. These terms and conditions will be applicable to all services and all invoices sent by Sparkfish to the client, as well as to all agreements between Sparkfish and the client. The terms and conditions form an integral part of the agreement with the client. Any aberration from these terms and conditions will need to be agreed to in writing.

    

3. These terms and conditions will take precedence over those issued by the client or any third party, even if Sparkfish has not explicitly rejected their use. 
   
   
4. The applicability of these terms and conditions is agreed to by the client, merely by the fact that the client has granted an assignment to Sparkfish or has concluded an agreement with Sparkfish.
   
   
5. In the event that one or more clauses of these terms and conditions should be deemed entirely or partially null and void, this will not entail the nullity of the remaining terms and conditions. Parties will replace the void clause by a valid clause that will correspond to the original intentions of the parties. 
   

1. All prices will be stated in euro (excluding VAT). Any increase of the VAT rate and/or any other charge in between the placement of the order and the execution thereof will be borne by the client.
   
   
2. Sparkfish reserves the right to correct any typos regarding its quotations. Sparkfish is permitted to change its prices unilaterally if those price adjustments are due to circumstances beyond her control, e.g. changes regarding VAT, taxes and customs, costs of delivery, purchase, materials etc. This list of circumstances is solely exemplary and in no way restrictive. 
   

1. The invoices are payable by bank transfer or in cash at the registered office or Sparkfish, unless expressly agreed otherwise between the parties.
   
   
2. The invoices need to be paid within thirty (30) days at the end of the month following the invoice date, unless parties have explicitly agreed otherwise.
   
   
3. In case an invoice is not paid on its due date, interests at a rate of 10% will be due from that due date onwards, automatically and without the obligation for Sparkfish to send the client a letter of demand. Furthermore, in this case the invoice will be augmented by liquidated damages amounting to 10% of the original invoice amount, with a minimum of 500,00 EUR per invoice.
   
   
4. Any letter of protest regarding invoices will need to be addressed to the registered office of Sparkfish by registered mail within five (5) calendar days following the receipt of the invoice.
   
   
5. In the event that an invoice is not paid, all other outstanding invoices, even if their due date has not yet been reached, will be exigible automatically and without the obligation to send a letter of demand.
   
   
6. In the event of late payment of an invoice, Sparkfish reserves the right to immediately stop the rendering of the services and resume them only after payment of all outstanding and exigible invoices.
   

All goods sold remain the property of Sparkfish as long as the full price has not been paid.

On the date of the invoice all risks pass to the client and all costs will be borne by the client.

Sparkfish is the sole owner of the intellectual property rights with regard to the services provided. The intellectual property rights of Sparkfish are never transferred to the client, unless parties have explicitly agreed in writing otherwise.

The client undertakes not to disclose any confidential information that he/she will receive from Sparkfish. Whether or not certain information will be considered to be confidential, will be conveyed by * to the client prior to the communication thereof. 

1. If the goods are delivered to the client, delivery shall be made to the address provided by the client. The associated costs of delivery (and possible transport) will be charged to the client.
   
   
2. The delivery and execution dates are merely indicative and are therefore not binding, unless expressly agreed otherwise. Delays in delivery or execution can never be invoked in order to claim any compensation, cancellation of an order or termination of the agreement. 
   

1. The agreement between the parties will be terminated automatically, on the part of the client, in case of liquidation, dissolution or death of the client.
   
   
2. In the event of cancellation of an agreed agreement, either verbally or in writing, by the client, a fixed compensation will be due. This cancellation must be done in writing. In such case, liquidated damages equal to 30% of the agreed total amount will be due to Sparkfish, without prejudice to Sparkfish ‘s right to obtain a higher compensation. 
    
3. In case of refusal of receipt upon delivery, liquidated damages equal to 30% of the invoice amount will also be due to Sparkfish. 
   

Sparkfish is not liable for damages of any kind, except for its wilful misconduct and/or gross error, unless parties have explicitly agreed in writing otherwise. In any case, the amount of any compensation due by Sparkfish will be limited to the amount invoiced and received by Sparkfish for the disputed order, on the understanding that under no circumstances shall this amount exceed the amount to be paid by the insurer of Sparkfish. In any case Sparkfish will only have an obligation to use best endeavors.

Sparkfish cannot be held liable in situations of force majeure (such as war, strike, lock-out, power grid failures, theft, fire, logistical problems for third parties, epidemic/pandemic, governmental restrictions etc.) which might lead to Sparkfish’s inability to fulfil its obligations (in time). Sparkfish’s obligations will be suspended for the duration of the situation concerned.

1. Any complaints regarding visible defects must be reported to Sparkfish immediately upon delivery and confirmed by registered mail within two (2) days after collection or delivery.
   
   
2. Any complaints regarding hidden defects must reach Sparkfish by means of registered mail within five (5) days after discovery of the hidden defect.

1. Sparkfish abides by the provisions of the General Data Protection Regulation (GDPR).
   
   
2. The client hereby expressly confirms that all data transmitted to Sparkfish has been collected in accordance with the General Data Protection Regulation. Consequently, the client shall indemnify Sparkfish in the event that it receives any claim from a natural person whose data has been transmitted to, collected and/or processed by Sparkfish.

1. The agreements and relationships between Sparkfish and the client are exclusively governed by and must be interpreted in accordance with Belgian law.
   
   
2. For all disputes regarding the existence, validity, interpretation, execution or termination of such agreement, only the courts of the judicial district of Limburg, division Hasselt are competent.