Terms and conditions

Terms and conditions of Bureaubuitenland België BV, trading under the name Bureaubuitenland.be. Version October 2026: textually corrected, substantively unchanged compared with the version of August 2020.

Article 1 General

In these terms and conditions, the following definitions apply:
– commissioning party: the party that gives the assignment.
– contractor: Bureaubuitenland België BV, trading under the name Bureaubuitenland.be, established at Brusselstraat 51, 2018 Antwerpen, registered in the Kruispuntbank van Ondernemingen (Crossroads Bank for Enterprises) under number 0736.772.309.

Article 2 Applicability

These terms and conditions apply to all legal relationships between the contractor and the commissioning party, save for amendments to these terms and conditions, which must be expressly confirmed in writing by both parties.

Article 3 Quotations

03.1 All quotations from Bureaubuitenland.be are without obligation, unless – and then only to the extent that – Bureaubuitenland.be has stated otherwise in writing.

03.2 All quotations are valid for four weeks from the date of issue, unless otherwise indicated. Bureaubuitenland.be is only bound by the quotation if its acceptance is confirmed in the prescribed manner, in writing or by e-mail, within four weeks from the date of issue. If acceptance does not take place in time, Bureaubuitenland.be has the right to adjust performance periods or amounts.

03.3 The commissioning party warrants the accuracy and completeness of the data provided by it or on its behalf to Bureaubuitenland.be on which the quotation is based.

03.4 Bureaubuitenland.be cannot be held to quotations if the commissioning party can reasonably understand that the quotation, or part thereof, contains an obvious slip of the pen or error or is based on incorrect data provided by the commissioning party.

Article 4 Formation of the agreement

04.1 The agreement is formed at the moment that an assignment has been signed by the contractor and the commissioning party or the quotation has been approved in writing by the commissioning party. The confirmation is based on the information provided by the commissioning party and the contractor at that time.

04.2 The parties are at liberty to prove that the agreement was formed in another manner.

04.3 The agreement is entered into for an indefinite period, unless it follows from the content, the nature or the purport of the assignment given that it has been entered into for a definite period.

Article 5 Obligations of the commissioning party

05.1 The commissioning party is obliged to make available in good time all data and documents which the contractor’s employees, in their judgement, need for the correct performance of the assignment given.

05.2 The commissioning party warrants the accuracy, completeness and reliability of the data and documents made available to the contractor’s employees, even if these originate from third parties, insofar as the nature of the assignment does not dictate otherwise.

05.3 If and insofar as the commissioning party so requests, the documents or devices made available will be returned to it.

05.4 The extra costs and the extra fee arising from the delay in the performance of the assignment, caused by the failure to make the requested data and documents available, or to make them available in good time or properly, shall be borne by the commissioning party.

05.5 Where applicable, if necessary for the proper performance of the work, the commissioning party shall provide the contractor’s employees with adequate workspace and the necessary materials. In such cases, the contractor’s employees shall comply with the applicable standards and house rules of the commissioning party.

Article 6 Performance of the assignment

06.1 The commissioning party selects the (personal) data on the basis of which Bureaubuitenland.be is to carry out an investigation and provides these data to Bureaubuitenland.be for the performance of the assignment.

06.2 The contractor may only carry out more work, and charge it to the commissioning party, than that for which the assignment was given if the commissioning party has given its prior consent for this.

06.3 If and insofar as the proper performance of the agreement so requires, the contractor has the right to have certain work carried out by third parties.

06.4 The agreed work is carried out by the contractor at its own discretion – save for assignments that are expressly carried out under the direction of the commissioning party.

The contractor has the right to determine and schedule the time and duration of the work at its own discretion. Naturally, an effort is made to complete the work within the proposed period.

Article 7 Confidentiality

07.1 The contractor is, unless it has a legal duty of disclosure, obliged to maintain confidentiality towards third parties.

07.2 The contractor is not entitled to use the information made available to it by the commissioning party for any purpose other than that for which it was obtained. An exception is made, however, in the event that the contractor acts on its own behalf in disciplinary, civil or criminal proceedings in which this information may be relevant.

07.3 The contractor shall impose its obligations under this article on the employees and third parties engaged by it.

07.4 Unless prior written consent has been given by the contractor, the commissioning party shall not disclose the content of reports, advice or other statements, whether or not in writing, of the contractor itself or of the contractor’s employees, which were not drawn up or made with the purpose of providing third parties with the information contained therein. The commissioning party shall also ensure that third parties cannot take cognisance of the content referred to in the previous sentence, except where it has a legal duty of disclosure.

Article 8 Intellectual property of resources and methods used

The contractor reserves all rights with regard to products of the mind which it uses or has used in the performance of the commissioning party’s assignment, insofar as these arise from the law. The commissioning party is expressly prohibited from reproducing, disclosing or exploiting those products, including software, designs, advice, reports, syllabi and other intellectual products of the contractor, all in the broadest sense of the word, whether or not with the involvement of third parties. The commissioning party is not permitted to hand over aids of those products to third parties, other than with the prior written consent of the contractor.

Article 9 Fee and other costs

09.1 The contractor’s fee is in accordance with the approved quotation or the signed agreement.

09.2 If, after the formation of the agreement but before the assignment has been fully performed, unforeseen work or interim procedures are necessary, the contractor is entitled to adjust the agreed rate accordingly and to charge it. This naturally after consultation with the commissioning party.

09.3 The travel costs and travel time incurred by the contractor’s employees and any third parties engaged are included in the fee, unless they are unforeseen travel costs. In that case, the contractor shall first contact the commissioning party for a specification of the unforeseen travel costs.

09.4 The contractor’s fee, where necessary increased by advances and expense claims of third parties engaged, is charged per completed investigation, unless expressly agreed otherwise.

09.5 After the formation of the agreement, an advance on the fee is charged to the commissioning party at the start of the work, unless expressly agreed otherwise. The advance will be set off against the final invoice.

Article 10 Payment

10.1 Payment by the commissioning party must be made, without deduction, discount or set-off, within 30 days of the invoice date.

10.2 The commissioning party is not entitled to suspend any invoice amount.

10.3 From the moment that default has occurred, the commissioning party owes interest of 1.25% per month on the outstanding amount, unless the statutory interest rate for late payment in commercial transactions (Act of 2 August 2002) is higher, in which case that statutory interest rate applies.

10.4 In the event of liquidation, bankruptcy, judicial reorganisation or manifest insolvency of the commissioning party, the claims of the contractor and all other obligations of the commissioning party towards the contractor become immediately due and payable.

10.5 Payments by the commissioning party may, regardless of the payment reference, always be applied by the contractor in accordance with the rules on the allocation of payments of the Belgian Civil Code first to the interest and costs due, and only then to the principal sum of the outstanding invoices in order of age.

10.6 All reasonably incurred judicial and extrajudicial (collection) costs that the contractor incurs as a result of the commissioning party’s failure to meet its payment obligations shall be borne by the commissioning party, with a minimum of 15% of the invoice.

10.7 If the financial position or payment behaviour of the commissioning party gives cause to do so in the opinion of the contractor, the contractor is entitled to require the commissioning party to provide (additional) security without delay in a form to be determined by the contractor. If the commissioning party fails to provide the required security, the contractor is entitled, without prejudice to its other rights, to suspend further performance of the agreement immediately, and everything the commissioning party owes the contractor on any account whatsoever becomes immediately due and payable.

Article 11 Premature termination and dissolution

11.1 If the commissioning party fails to fulfil any obligation under the agreement concluded with the contractor, or fails to do so properly or in time, the contractor is entitled to dissolve the agreement in whole or in part, or to suspend the (further) performance of the agreement. In such cases, the contractor is furthermore entitled to demand immediate payment of what is due to it.

11.2 All this is without prejudice to the other rights to which the contractor is entitled, including the right to compensation for the damage suffered as a result of the dissolution.

11.3 In the event of a dissolution as referred to in the first paragraph, the contractor is never obliged to pay any compensation for damage to the commissioning party.

11.4 If, even after notice of default, the commissioning party prevents proper performance by the contractor, the contractor has the right to dissolve the agreement.

11.5 Even in the event of dissolution by mutual consent, the contractor retains its right to compensation for the damage suffered as a result of this dissolution.

11.6 If the commissioning party wishes to proceed to premature termination of the agreement, this must be done by registered letter with effect from the end of a calendar month, observing a notice period of at least 1 month. This notice may only be given after the expiry of a minimum period of 3 months after the start of the assignment.

11.7 If such notice is given, the outstanding investigations will, as far as possible, be completed within the notice period and the work carried out in the outstanding investigations will be charged.

11.8 Each of the parties is entitled to terminate this agreement with immediate effect if the other party, after a written reminder, remains in default of its obligations entered into under the agreement.

Article 12 Force majeure

12.1 The contractor is not liable for shortcoming(s) in the performance of the agreement in the event of force majeure. Force majeure is understood to mean, in addition to what is understood thereby in law and case law, all external causes, foreseen or unforeseen, over which the contractor cannot exercise any influence, but as a result of which the contractor is unable to fulfil its obligations. Force majeure in any event includes:
– strikes, excessive absenteeism due to illness of staff and a (temporary) shortage of staff;
– fire, operational and technical disruptions within the business of the contractor or that of third parties engaged by the contractor;
– the provision of incorrect data, or the lack of sufficient cooperation, by the commissioning party;
– war or threat of war, terrorism or terrorist threat, riot and/or sabotage.
12.2 In the event of force majeure, the contractor and the commissioning party have the right, within three weeks of the occurrence of the circumstance constituting force majeure, at their option to extend the assignment or to dissolve the agreement (in whole or in part), or to cancel the agreement without being obliged to pay any compensation to the other party.

12.3 If, upon the occurrence of force majeure, the contractor has partially fulfilled or can partially fulfil its obligations, the contractor is entitled, in the event of dissolution or cancellation, to invoice the part of the agreement already performed and the commissioning party is obliged to pay for it.

Article 13 Security and privacy

13.1 By entering into the agreement, the commissioning party gives the contractor consent to process the personal data of the commissioning party’s clients exclusively and only insofar as necessary for the performance of the agreement and the administration and management tasks of the contractor, in accordance with the written instructions of the commissioning party. The commissioning party selects the personal data of the commissioning party’s clients which it wishes to have investigated by Bureaubuitenland.be. These personal data of the commissioning party’s clients are accessible only to the contractor and its employees and third parties engaged by the contractor and are not provided to other third parties, unless the contractor is obliged to do so by law or by a court decision.

13.2 The contractor refrains from viewing (personal) e-mail and/or files of the commissioning party and does not make these available to third parties, unless the contractor is obliged to do so by law or by a court decision.

13.3 Insofar as the contractor processes personal data on behalf of the commissioning party, the contractor does so as processor of personal data within the meaning of the Algemene Verordening Gegevensbescherming (General Data Protection Regulation) (hereinafter: GDPR). The commissioning party is the controller within the meaning of the GDPR.

The commissioning party shall fulfil all obligations incumbent on it as the controller within the meaning of the GDPR for this data processing and indemnifies the contractor against any action based on the failure to fulfil these obligations.

13.4 The contractor implements appropriate technical and organisational measures to secure the personal data against loss or against any form of unlawful processing. These measures guarantee, taking into account the state of the art and the costs of implementation, an appropriate level of security in view of the risks involved in the processing and the nature of the data to be protected. The contractor has concluded a (sub-)processing agreement with the Data Processor that processes and manages in the Cloud the personal data that the contractor processes on behalf of the commissioning party, as well as with the self-employed persons who work for the contractor and the law firms and valuation agencies that carry out the investigations abroad.

13.5 The responsibility for reporting data breaches lies exclusively with the contractor where it concerns the processing of personal data of the commissioning party’s own clients that are stored by the contractor and its employees in the contractor’s business process system in the Cloud.

13.6 On the basis of the (sub-)processing agreement with the Data Processor, the personal data are processed within the EU/EEA.

13.7 For personal data stored on or via the commissioning party’s business process system, the obligation to report a breach of security rests entirely with the commissioning party.

Article 14 Liability

14.1 The contractor shall endeavour to perform the agreement properly, in accordance with the requirements of a good contractor and the applicable laws and regulations. If, nevertheless, any liability should rest with the contractor, this liability is, save in the case of intent or gross negligence, always expressly limited in accordance with this article.

14.2 If an error is made because the commissioning party has provided the contractor with incorrect or incomplete information, the contractor is not liable for the resulting damage.

14.3 The provision of advice by the contractor never gives rise to any liability for the contractor. It is the responsibility of the commissioning party to assess the value of the advice given against criteria relevant to the commissioning party, including legal criteria.

The commissioning party is at liberty to follow the advice, or not, or only in part, and is fully responsible for whatever results from its decision.

14.4 The liability of the contractor is limited to direct damage.

14.5 Liability for indirect damage is excluded. Indirect damage is in any event understood to include: consequential damage, loss of profit, missed savings, fines, reputational damage and damage as a result of business interruption.

14.6 If – taking into account the previous paragraphs – liability for damage arises for the contractor at any time, this liability is limited to a maximum of the amount paid out by its insurer, increased by the excess; this damage shall, however, never exceed the invoice value of the specific part of the assignment to which the liability relates. If the assignment is mainly a continuing agreement with a term of more than three months, the maximum invoice value for (that part of) that agreement is set at the total of the fees owed over the last three months preceding the event causing the damage, excluding VAT.

14.7 Damage for which the contractor is liable on the basis of the previous paragraphs is only eligible for compensation if the commissioning party has notified the contractor of it within 30 days of its occurrence, unless the commissioning party can demonstrate that it could not reasonably have reported this damage earlier.

Article 15 Applicable law

15.1 Belgian law applies to all agreements between the commissioning party and the contractor to which these terms and conditions apply.

15.2 All disputes relating to agreements between the commissioning party and the contractor to which these terms and conditions apply shall be settled by the competent courts of the judicial district of Antwerp, where the contractor is established.

15.3 By way of derogation from the provisions of paragraph 2, the commissioning party and the contractor may, by mutual agreement, submit a dispute to mediation or an independent disputes committee.

Article 16 Familiarity with these terms and conditions

These terms and conditions have in each case been sent to the commissioning party together with the agreement and form part of that agreement.

These terms and conditions have been adopted by Bureaubuitenland België BV, enterprise number 0736.772.309.