These general conditions of sale and provision of services apply, without restriction or reservation, to all products and services offered by Black IT. In the absence of specific provisions stipulated in writing, placing an order with Black IT implies full acceptance of these general conditions of sale and services.
They are accessible at any time on the site www.blackit.tech and take precedence, where applicable, over any previous version which may have reached the customer before the order date. The version on the site www.blackit.tech on the day of the order will be the one retained for the service.
No other document such as purchasing conditions or others from the customer can be taken into account.

Article I Performance of the service and obligations

Black IT undertakes to implement all means at its disposal to carry out the service covered by the order signed by the Client.
The Client undertakes to provide Black IT with all the useful and necessary information for the proper execution and compliance with the execution deadlines of the service covered by the order signed by the Client.
Black IT cannot be held responsible for damage or financial loss resulting from a delay in the execution or non-performance of all or part of the service, if this delay is the result of events or causes beyond the control of its reasonable control.
For certain services, Black IT reserves the right to use subcontractors. Relations with these third parties will be managed entirely by Black IT.

Article II Quote and order

Black IT intervenes at the express request of the client. A quote or contract will be made for any service.
The quote sent by Black IT to the client in two copies will specify:
 The nature of the service,
 The price of the service excluding taxes,
 The payment terms,
 The work schedule detailing the client's actions/obligations and of the service provider, as well as the completion times,
 The validity period of the quote,
To confirm his order in a firm and definitive manner, the Customer must return the quote without any modification:
 Either by post or by fax, duly signed and dated with the mention “Good for Agreement” of the legally responsible person as well as the commercial stamp
 Either by email with the expression of the customer's consent.
The order will only be validated after return of the quote or contract, accepted and signed, accompanied by payment of a deposit and the “Account opening” form completed and signed.
In the absence of receipt of the customer's agreement and the deposit, or from the expiration date of the quote, the quote proposal is considered canceled and Black IT reserves the right not to begin its benefit.
Validation of the order implies the customer's full and complete acceptance of these General Terms and Conditions without reservation.

Article III Deadlines and delivery

Black IT undertakes to do everything possible to carry out the services ordered by the Client, but it does not accept any deadline obligations, unless specifically agreed. The performance of the services is particularly dependent on the provision by the Customer of the information necessary for the proper execution of the order. Unless otherwise stated, the documents will be delivered by hand on paper during a work meeting or sent by e-mail in the form of compressed or uncompressed files (ZIP or PDF).

Article IV Nature of obligations

For the performance of the planned services, Black IT, undertakes to provide his best care, in accordance with the rules of the art of the profession. This obligation is not an express agreement, but a pure obligation of means. The Client undertakes to collaborate with Black IT by providing him with all useful and necessary information for the proper execution of the service and compliance with execution deadlines.

Article V Duration of the contract

The contract has a duration defined in the order form and is based on the service chosen by the Customer. This is only informative.
The durations appearing in particular in the presentation of the services are given for information only and may vary considerably depending in particular on the workload schedule of Black IT and the expectation of the elements which must be provided by the Client.
The contract may be subject to tacit renewal as indicated on the order form.
Each party reserves the right to terminate the contract at any time in the event of non-compliance by the other party with any of its obligations under the contract, without prejudice to any possible damages that may be incurred. claimed from the defaulting party. The contract will end, for this purpose, ten (10) working days after the requesting party sends a registered letter with acknowledgment of receipt mentioning the reason for termination, provided that the other party has not, within the ten (10) day period, remedied the situation. In the event of inability or impossibility to remedy this within the above-mentioned period, the requesting party will be entitled to terminate the contract immediately.
Either party may immediately terminate the contract in the event of cessation of activity of one of the parties, cessation of payment, judicial recovery, judicial liquidation or any other situation producing the same effects after sending a formal notice addressed to the judicial administrator (or liquidator) who has remained unanswered for more than a month, in accordance with the legal provisions in force.
In the event of the end of the term or termination of the contract:
 The service provision contract will automatically cease on the corresponding date,
 The service provider is released from its obligations relating to the subject of this contract on the date of termination or expiry of the contract,
 The service provider undertakes to return to the client, at the latest within thirty (30) working days following the termination or expiration of the contract, all documents or information provided by the client. In the event of termination of the agreement by the client, the sums corresponding to the services provided up to the effective date of the termination and not yet paid will be due by the client. The deposits paid will remain due and paid by Black IT.

Article VI Prices

Services are invoiced on the basis of the current price, the quote and the order form.
Prices are expressed in euros excluding taxes and are subject to VAT. Prices can be calculated by the package, by the hour or by the day. This time indication is only informative, only the amount is valid.
In the context of managed services (billed for time spent), the hourly rate applies when the consultant works in its offices.
The price of the service is firm. It is stipulated excluding tax to which taxes will be added.
It is agreed between the parties that payment by the Client of the totality of the service provider's fees constitutes receipt and definitive acceptance of the services.

Article VII Payment conditions and delays

A deposit of 30% will be required upon signing the order form.
The balance, i.e. 70%, will be expected upon delivery of the work as part of a fixed price service.
Black IT as part of a service over several months will offer monthly invoicing. Payment will be made upon receipt of said invoice.
Payment for orders is made by check or bank transfer. The Customer undertakes to pay the deposits defined in the quote or the order form within the deadlines provided for in these same documents.
In the event of late payment, in accordance with the Law of March 22, 2012, a fixed compensation for recovery costs of €40 will be due in addition to late payment penalties.
Late payment penalties will be due the day following the payment date appearing on the invoice. The interest rate for these late payment penalties is the legal rate increased by 10 percentage points (i.e. interest rate applied by the European Central Bank to its most recent refinancing operations).
Any delay or failure to pay will automatically result in:
 The immediate payment of any sum remaining due,
 The payment of a late payment penalty,
 The right for the service provider to suspend performance of the current service and to suspend any new order or delivery.

Article VIII Confidentiality and ethics

Black IT undertakes to:
 Respect the strictest confidentiality concerning the information provided by the client, and designated as such,
 Not disclose any information on the work and services carried out for its clients,
 Return any document provided by the client at the end of the mission,
 Sign a confidentiality agreement if the client wishes.
Information will not be considered confidential:
 Which is available to the public,
 Which must be disclosed in order to carry out the filing formalities prescribed by law.
The clauses of the contract signed between the parties are deemed confidential and as such cannot be communicated to unauthorized third parties.
The Client's written consent will be requested before showing his name and company name in any references to Black IT on any promotional media.
Black IT reserves the right to refuse any service which may seem contrary to its ethics or in disagreement with the Law.

Article IX Intellectual property

For the record: the use of documents published by Black IT is subject to articles 40 and 41 of the law of March 11, 1957: “any representation or reproduction in whole or in part made without the consent of the author or his beneficiaries or successor in cause is unlawful.” Article 41 of the same law only authorizes “copies or reproductions strictly reserved for the private use of the copyist and not intended for collective use” and “analyses and short quotations, provided that the name is clearly indicated of the author and the source. Any representation or reproduction, by any means whatsoever, not respecting the legislation in force would constitute an infringement punishable by articles 425 and 429 of the penal code.
The Client undertakes, in his own name and that of his collaborators or any party with whom he is bound by contract, to respect intellectual property and to use the supports and tools provided in accordance with the rules of use and in particular not to not distribute them externally or make commercial use of them unless authorized by Black IT for those which are his property.

Article X Force majeure

Black IT cannot be held responsible for a deadline not respected due to any fortuitous event or force majeure such as, in particular, any act emanating from a civil or military authority, de facto or right of strike, fire , flood, water damage, storm and lightning, accident, riot, attack, non-delivery of documents for the creation or commissioning of the product, any fact attributable to a third party, or other circumstance having an external cause and the preventing, directly or through a third party, from meeting said obligations.

Article XI Jurisdiction

Any dispute relating to the interpretation and execution of these General Conditions of Sale and the contracts signed between Black IT and the Client is subject to Belgian law.
In the absence of an amicable resolution, the Commercial Court (or similar body) of BRUSSELS will have sole jurisdiction for any dispute relating to the interpretation and execution of these General Conditions of Sale, contracts and their consequences, signed between Black IT and the Client.
Version CGV 1.08