Our general terms and conditions of sale

Version 9 -  22 Mai 2023

1 - General
Ybsiis SRL (Chaussée Romaine 77 / 3, 5030 GEMBLOUX, BELGIUM - VAT BE0686.565.505), hereinafter referred to as Ybsiis, is a Business Consultancy and implementation company of Odoo, Yooz and other applications. As such, it provides audit, consulting, implementation, training and support services, as well as the provision of qualified personnel on a full-time or part-time basis.
These General Terms and Conditions of Sale, hereinafter referred to as the GTC, specify the terms of the contract between the Client and Ybsiis, and express all the obligations and rights of both parties. All services provided by Ybsiis are subject to these GTC. They may be supplemented and/or modified by special clauses.
The GTC are subject to change at any time and without notice. The applicable GTC are those in force on the Ybsiis website.

They can be identified by a version number and date of issue.
When placing an order with Ybsiis, the Client declares that it has full legal capacity to enter into a commitment, and declares that it adheres without restriction or reservation to these Terms and Conditions of Sale.

2 - How to order
The Client may exercise his right of withdrawal within a period of fourteen calendar days, unless otherwise provided by law. This period begins on the date of validation of the quotation, or the date of issue of the order. In the event of exercising the right of withdrawal, the Customer may request reimbursement of the sums paid without charge. It is understood that if Ybsiis has started, before the end of this fourteen-day period, its services, at the express request of the Client, this right of withdrawal will no longer be possible.Ces actes peuvent être exécutés par email, par courrier, ou via formulaire de contact du site web de Ybsiis.
Tout devis présenté par Ybsiis et signé par le Client prend force contractuelle. De même, tout commande reçue par Ybsiis, datée et signée, est ferme et définitive et prend force contractuelle. Si un acompte a été demandé, la commande n’est reçue valablement qu’avec l’acompte correspondant.
Le Client peut exercer son droit de rétractation pendant un délai de quatorze jours calendriers, sauf disposition légale contraire. Ce délai commence à courir à la date de validation du devis, ou d’émission de la commande. En cas d’exercice du droit de rétractation, le Client pourra demander le remboursement sans frais des sommes versées. Il est entendu que si Ybsiis a démarré, avant la fin de ce délai de quatorze jours, ses prestations, sur demande expresse du Client, ce droit de rétractation ne sera plus possible.

3 - Realization of the services
Ybsiis undertakes to carry out, in accordance with the rules of art, the service ordered by the Client. Any service not provided for in the contract, or any modification to the initial commitment, made at the Client's request, will be the subject of an amendment to the contract.
The performance of the service terminates the contract between the Client and Ybsiis, unless the Client expressly notifies Ybsiis of any reservations within 14 calendar days of the notification of the end of the assignment. Ybsiis is not obliged to keep any element whatsoever concerning the Client and/or the service performed.
The Client may subscribe to a post-implementation support contract if it wishes to do so. Such a contract provides the Client with assistance if needed at a fixed hourly rate negotiated and materialized in the contract in question.
In the particular case of domain names purchased by Ybsiis on behalf of its Clients, Ybsiis expressly waives any ownership privilege related to such purchase on behalf of the Client. The transfer of ownership of a domain name is made upon simple request to any third party designated by the Client.

4 - Invoicing terms
Ybsiis provides services either on a fixed-price basis or on a daily or hourly basis. In all cases, an agreement on the rate has been made with the Client beforehand.
In the event that Ybsiis staff is required to travel to the Client's premises in order to provide a service for the latter, the expenses incurred during travel may be invoiced to the Client on the basis of a rate per kilometre, to which any accommodation and subsistence costs may be added, on the basis of actual expenses.
In the case of multi-annual agreements, the rates are revised automatically in accordance with the development of the Harmonised Index of Consumer Prices (HICP). Any tariff change that does not comply with the development of the Harmonised Index of Consumer Prices (HICP) constitutes an opportunity for the Customer to terminate the multiannual agreement concerned by operation of law.
Details of the rates for any service are available on request from Ybsiis.

5 - Terms and conditions of payment
All invoices from Ybsiis will be issued electronically and emailed to the Client on the day they are issued.
Payment of all invoices issued by Ybsiis to the Client must be received by the Client within ten working days of the date of issue of the invoice. Any amount not paid within thirty days may bear interest at a rate equal to 5% starting on the eleventh working day following the date of issue of the invoice by Ybsiis.

6 - Warranty and limitation of liability
Ybsiis warrants that its performance is provided with all reasonable care and skill, and excludes any other warranties, express or implied, not expressly stated.
Ybsiis makes no additional warranties with respect to supplies that are not part of its performance, such as services and supplies from third parties.
Ybsiis shall not be liable for any damages of any nature whatsoever suffered by the user or third parties resulting directly or indirectly from one of its services or the use of one of the applications offered, in particular the loss of data or any financial loss resulting from its use or the impossibility of using it, even if Ybsiis has been warned of the possibility of such damages.
Ybsiis cannot be held responsible for any infringement of Belgian and international laws for the protection of intellectual property, for any work, modifications, realizations made from any element of any kind provided by the Client such as texts, photographs, logos, images, graphics of which it would not have the exclusive property.
In the event that Ybsiis' liability is engaged as a result of a failure to comply with its obligations, whether on a contractual or extra-contractual basis, or for any other reason, its liability is limited to the direct damage suffered by the Client. Any expertise costs will be borne by half between the Client and Ybsiis.
Ybsiis will not be liable to compensate for any damages, of any nature whatsoever, resulting from :
- any malfunction of a third party supply,
- use of any software, service, or provision that is not in accordance with the purpose of the software, service, or provision
- any case of force majeure such as lightning or power supply disruption
- any fact that can be shown to be outside the scope of Ybsiis' responsibilities

Ybsiis will not be held responsible for bugs in the installed applications that are the responsibility of the publishers of the software concerned . The only responsibility of Ybsiis will be to report bugs encountered via the ticket system made available by software publishers.

7 - Confidentiality clause
Under no circumstances may any information and/or data concerning the Customer be transmitted, communicated, resold, in whole or in part, to any third party whatsoever. Ybsiis undertakes to ensure the total confidentiality of all information and/or data processed within the framework of the services ordered from it, except in the event of legal or judicial obligation.
The Client has the right to access, modify, rectify and delete any personal data concerning him/her.

8 - Personal data
The parties will comply with the General Data Protection Regulation (GDPR - EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016). They will cooperate in good faith to this end in the performance of the contract.

The Parties will not incur any contractual liability under the Contract to the extent that compliance with the DPMR would prevent them from performing any of their obligations under the Contract.

9 - Subcontracting of personal data
As part of the execution of the service contract, Ybsiis may be required to process personal data on behalf of the Client, with the Client alone determining the purposes and means of the processing. In this case, the Customer will be responsible for the processing and Ybsiis will be its processor, within the meaning of Article 28 of the RGPD (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).

10 - Co-Processing of personal data
As part of the execution of the contract, Ybsiis may be required to determine, jointly with the Client, the purposes and means of processing personal data. In this case, the Customer and Ybsiis will be jointly responsible for the processing, in the sense of article 26 of the RGPD.

11 - Applicable law and competent courts

For the execution of the services ordered by the Customer, the parties elect domicile each at the address of its registered office or establishment.
These GTC are subject to Belgian law. In the event of a dispute concerning the application or interpretation of these GCS, the parties agree to seek an amicable solution. Failing this, the courts of the registered office of Ybsiis shall have sole jurisdiction.