These conditions as well as any special conditions applicable to any offer made by BRUSSELS GREENBIZZ always prevail over any general terms and conditions of the customer, unless BRUSSELS GREENBIZZ has accepted the customer’s conditions, expressly waiving the right to avail itself of these general conditions. If any of the provisions forming part of these conditions could not be applied, it would not modify the validity of the other provisions that would remain applicable.
Article 2: the offer
BRUSSELS GREENBIZZ offers are binding on BRUSSELS GREENBIZZ only if they are made in writing, signed by the President, the Director of BRUSSELS GREENBIZZ or any other person authorised to represent it. Unless otherwise stipulated, BRUSSELS GREENBIZZ offers remain valid for 30 days.
Article 3: The Convention
The agreement can only be validly established if a written offer from BRUSSELS GREENBIZZ is accepted without reservation by the recipient.
Article 4: duration and termination
The agreement is concluded for an indefinite period. Either party may terminate it at any time, with 3 months’ notice starting on the first day of the month following notification.
Any serious breach of the agreement by the COMPANY, including late payment for services, will give BRUSSELS GREENBIZZ the right to immediately terminate the agreement to the fault of the COMPANY, without prior notice.
In the event of cessation of the activities of the COMPANY in the context of bankruptcy, liquidation, judicial reorganization or equivalent measure, the agreement will automatically terminate on the day of the occurrence of one of these events.
In the event of termination of the agreement to the fault of the Company or in the cases referred to in the preceding paragraph, the COMPANY shall owe BRUSSELS GREENBIZZ a fixed and irreducible indemnity equal to three months’ fixed remuneration for the services, in force on the day of the termination, increased by all costs, disbursements and expenses whatsoever resulting from the termination, in addition to the amounts still due in execution of the agreement until the day of the actual liberation of the spaces.
As soon as the agreement expires, BRUSSELS GREENBIZZ will interrupt if necessary, and without prejudice to its right to take legal action, the services provided online (internet, telephone) and access to the building (deactivation of the entrance badge). In addition, if the COMPANY has not evacuated its effects at the end of the agreement or within 10 days of one of the events referred to in paragraph 3, BRUSSELS GREENBIZZ will itself carry out this evacuation, without further warning. Any costs incurred in connection with these various measures will be entirely borne by the COMPANY.
Article 5: prices
The prices mentioned in the offers are exclusive of VAT. The lump sum due for the provision of space will be fixed in the agreement; it will also be mentioned exclusive of VAT.
The flat-rate fee included in the special conditions will vary automatically and automatically on the anniversary date of the agreement according to the variation in the consumer price index, in accordance with the following formula:
New price = base price x new index
Initial index
where:
– the new index is that of the month preceding the anniversary month of the entry into force of the Convention,
– the starting index is that of the month preceding the month in which the agreement was concluded.
Prices for other services (excluding packages) are variable and depend on market conditions.
Article 6: Payment
The monthly flat-rate fee for the provision of space(s) and services is payable in advance by the 5th of each month at the latest.
Without prejudice to all other rights and actions of BRUSSELS GREENBIZZ, any delay in payment by the COMPANY in execution of the agreement will automatically and without notice of default result in the obligation for the COMPANY to pay a fixed compensation of 10% of the unpaid amounts to BRUSSELS GREENBIZZ, and will also be ipso jure and without formal notice producing a contractual interest of 10% per annum.
Article 7: Warranty
The sum paid as a guarantee upon signature of the agreement will be returned after the expiry of the agreement, and after the proper and complete performance of all its obligations has been established by BRUSSELS GREENBIZZ and after deduction of any sums due (verification of the inventory in Article 12).
Article 8: the destination of the premises
The premises of BRUSSELS GREENBIZZ are made available exclusively for professional activity. Under no circumstances may the COMPANY change the destination of the premises or assign them to the use of a retail business or crafts directly in contact with the public. At no time, therefore, can the agreement fall under the application of the law on commercial leases.
Article 9: transfer or rental
The COMPANY may not assign its rights, rent or make available, free of charge or against payment, all or part of the premises it occupies without the prior written consent of BRUSSELS GREENBIZZ.
Article 10: Liability, insurance and accidents
The COMPANY will have to take out an insurance policy covering civil liability related to the operation. In
the limit of insurance policies relating to this agreement, the parties mutually waive the exercise of any recourse for any damage caused by perils such as fire, water damage, glass breakage and glazing and undertake to have such waiver accepted by the insurers. BRUSSELS GREENBIZZ has taken out for its benefit and with the abandonment of recourse in favour of the occupants, an insurance contract that covers its property against the risks it has deemed prudent to cover. The COMPANY, for its part, will be insured at its own expense at least against the risks of fire, explosion and water damage, for any goods and objects belonging to it or of which it would have custody, and this, with abandonment of recourse in favor of the owner. However, any additional insurance provided to BRUSSELS GREENBIZZ or other occupants of the building but resulting from high-risk activities carried out by the COMPANY is the responsibility of the latter. BRUSSELS GREENBIZZ cannot be held liable in the event of theft of equipment belonging to the COMPANY, nor in the event of accidental shutdown of heating, water distribution, electricity, telephone, Internet line or any equipment nor, in general, in the event of an accident due to a cause beyond the control of BRUSSELS GREENBIZZ or its representatives or agents.
Article 11: Modifications and transformations
Any modification, embellishment, transformation of the occupied premises will be at the expense of the COMPANY. This work may only be carried out with the written consent of BRUSSELS GREENBIZZ and, to the extent of their competence and availability, by the members and only by the members of the technical staff of BRUSSELS GREENBIZZ and under its supervision.
Unless otherwise agreed upon in writing this agreement, the work will be acquired without compensation for BRUSSELS GREENBIZZ, which will however retain the right to demand the restoration of the premises to their original state. The COMPANY will refrain from damaging the premises and equipment and will enjoy them as a good father. It will make sure to notify BRUSSELS GREENBIZZ, as soon as they are established, of any breakdown or alteration in their operation.
The COMPANY will take the necessary measures to ensure that the various nuisances (noise, odours,…) do not exceed the tolerable threshold for other activities hosted in BRUSSELS GREENBIZZ. No toxic or hazardous products may be stored in modules intended exclusively for offices or modules that have not been configured appropriately.
The COMPANY will not bring any animal into the premises of BRUSSELS GREENBIZZ.
In case of loss of keys, the COMPANY will be obliged to inform BRUSSELS GREENBIZZ immediately.
In the event of loss of the access control badge, the COMPANY must report it as soon as possible to BRUSSELS GREENBIZZ, which will deactivate the details of this badge and provide it with a new badge.
Article 12: the inventory
The inventory of fixtures of entry is drawn up by BRUSSELS GREENBIZZ and is given to the COMPANY. The COMPANY has a period of five days to notify any comments to BRUSSELS GREENBIZZ, failing which it is irrefutably presumed that the premises have been made available to the COMPANY in the state described in the inventory of fixtures of entry. The inventory of fixtures of departure will be drawn up according to the time agreed by the parties, at the latest on the day of departure and will be used to determine the amount of damage to be borne by the COMPANY, which BRUSSELS GREENBIZZ will be authorized to deduct from the guarantee.
Article 13: Privacy
The personal data collected by BRUSSELS GREENBIZZ] (hereinafter “the Incubator”) will be used and processed in accordance with the applicable data protection legislation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of its data.
This personal data is processed by the Incubator in order to provide the person with quality services and provide him with information adapted to his interests. This data may be transmitted to certain subcontractors of the Incubator if they need it to perform the services that the Incubator requests from them in the context of the aforementioned purposes. In such cases, the Incubator shall ensure that its subcontractors ensure the same level of data protection as it does and use such data only for the service to be provided.
The full privacy policy adopted by the Incubator is available on its website www.greenbizz.brussels/en/privacy/ or on request to the e-mail address privacy@greenbizz.brussels.
Article 14: Dispute and applicable law
Any dispute between the parties relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of
Brussels, which will apply Belgian law.
Article 15: modifications of these general conditions
These general terms and conditions may be modified on the basis of a decision of the Board of Directors of BRUSSELS GREENBIZZ. If necessary, the modification(s) will be deemed to have been accepted by the COMPANY on the day on which the modified general conditions have been communicated to it.