These terms apply to all service and product offers of HiCircular. Placing an order implies full and unreserved acceptance by the Client of these terms, the Client being strong in their respect by all of its employees, officers and agents. Unless otherwise agreed by HiCircular in writing, the supply of products and services is not subject to any other terms and conditions requested or supplied by the Client, including terms and conditions incorporated into any purchase order document or other document issued by the Client.
HiCircular reserves the right to revise these terms and conditions at any time, the new conditions applying to any new order, regardless of the prior relationship between HiCircular and the Client.
Unless otherwise agreed in writing in advance, an order for an assignment is only considered final after the effective payment of an advance payment of (at least) 30% of the total price of the assignment. HiCircular may execute the assignment without having received the advance payment, without prejudice to the validity of the assignment.
HiCircular is only committed to what is explicitly foreseen in the service offer and/or purchase order. Each modification has to be accepted by HiCircular in writing. Any modifications by the client to the accepted assignment will be at the expense of the Client.
Price and payment
The price of the assignment is described in the purchase order and will be invoiced by HiCircular in (at least) two tranches: (at least) 30% of the total price of the assignment before the start of the assignment and 70% after its completion.
All prices are excluding VAT, save if stipulated differently. Payment shall be made on the terms of net 30 days from the date of invoice.
Liability and indemnities
HiCircular’s liability towards the Client is limited to compensation for direct damage proven by the Client and is in any event limited to the amount paid by the Client for the service or product provided.
Under no circumstances may HiCircular be held liable for indirect damages such as loss of data, files, operating loss, loss of profit, commercial prejudice or damage to image and reputation. In all cases, the Company’s liability is excluded in the event of force majeure.
All information contained in HiCircular programmes or on the website www.hicircular.com was carefully checked. However, HiCircular cannot guarantee that the material contained herein is complete, correct and always up-to-date. HiCircular reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
Confidentiality and intellectual property
The parties undertake to keep confidential any information and documents of an economic, technical or commercial nature concerning the other party to which they may have access during the performance of the contract.
The copyright for any material created by HiCircular is reserved. Any duplication or use is not permitted without the agreement of HiCircular. HiCircular alone holds the intellectual property rights relating to the products and services it provides, so that all of the aids, whatever their form (paper, digital, oral, etc.) used in the context of the order, remain its exclusive property.
The Client shall refrain from using, reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, marketing or distributing to members of its staff who are not participating in the HiCircular! events or programmes or to third parties the event and program materials or other educational resources made available to it without the express written authorisation of HiCircular.
Data provision and data ownership
The Client commits to provide all useful and required data for the assignment to HiCircular, and to fully enable the execution of the assignment, even in case of altered conditions. In case of failure to provide the necessary data, the client will pay a lump sum compensation of 30% of the price of the assignment.
The Client is exclusively responsible for the accuracy of the data provided to HiCircular. If the client fails to provide the said data, HiCircular is entitled to suspend the execution of the assignment and to terminate the agreement if the failure is not rectified in due course.
HiCircular may collect usage data, meta data, performance data, traffic patterns, usage statistics and other data related to how the client use and interact with HiCircular, provided that such data will be aggregated, anonymized and will not identify the client or any End Users as the source of such data.
The Client agrees to be named by HiCircular as a Client of the offer of services within the framework of its commercial activity. To this end HiCircular may mention the Client’s name, as well as an objective description of the nature of the services, in its lists of references for the purpose of both external and internal communication.
Both parties can terminate the agreement at all time by means of a registered letter. If the Client cancels or postpones the assignment, the Client will be fully liable for all costs of HiCircular caused by and deployed for the execution and the preparation of the assignment and the cancellation or postponement thereof. The Client will have to pay for the services already delivered by HiCircular at the time of termination. The Client will have to pay for the full price of the assignment in case of cancellation or postponement within 10 days before the execution of the assignment.
HiCircular and the Client will be excused from their obligations in case the performance if the assignment is delayed or prevented by any circumstance (except financial) beyond their control and unforeseeable at the time of entering into the agreement, provided that the party claiming Force Majeure immediately notifies the other party with reasonable details including any expected impact and expected duration of the Force Majeure event and avoids any discrimination of the other Party in respect of other suppliers or buyers (including internal use) as the case may be.
The nullity or invalidity of a provision will not engender the cancellation or invalidity of the whole agreement, nor of any other provision thereof. The contractual relation between the client and HiCircular is governed by Belgian law. Any dispute that has not been settled amicably will be brought before the competent courts of Brussels.