General Terms and Conditions

1. Scope

1.1. These general terms and conditions (hereinafter: the “General Terms and Conditions”) apply to every assignment or delivery of services and/or goods by Livewire by Haike BV, trading under the name “Livewire by Haike”, with registered office at 2920 Kalmthout, Ericalaan 19, registered in the CBE and VAT register under number BE 0766.692.849, to the client (hereinafter: the “Client”).

1.2. The application of any general or other conditions originating from the Client is excluded.

1.3. Deviations from these General Terms and Conditions are only valid if agreed upon in writing and signed by both the Client and Livewire by Haike.

2. Quotations and Assignments

2.1. Quotations are only valid for the period indicated therein and automatically expire afterwards. If no validity date is stated, the quotation expires one (1) month after the quotation date.

2.2. Each quotation issued by Livewire by Haike is subject to final approval after consultation with the Client. The agreement is only concluded once Livewire by Haike has expressly confirmed its approval following the Client’s acceptance of the quotation.

2.3. Any request by the Client to cancel an assignment, or part thereof, must always be made in writing. Such cancellation is only valid if expressly accepted by Livewire by Haike. In case of cancellation, the Client will in any event owe payment for costs already incurred and services already performed by Livewire by Haike, with a minimum of 25% of the total amount of the relevant quotation or assignment, unless Livewire by Haike demonstrates higher costs or damages.

The Client expressly accepts that it cannot invoke the right of unilateral termination of service contracts as provided for in the Belgian Civil Code.

3. Performance of the Agreement

3.1. For each assignment, the services and commitments of Livewire by Haike constitute obligations of means, unless expressly agreed otherwise.

3.2. Delivery and/or performance deadlines by Livewire by Haike are indicative only and not binding, unless expressly agreed otherwise. Any delay in delivery or performance can never give rise to damages, penalties, termination of the agreement, or refusal by the Client to accept the product or service.

3.3. The Client undertakes to provide Livewire by Haike with the necessary information, documents and data in a timely and complete manner, in the agreed format and by the agreed method, in order to allow execution of the assignment. If such information, documents or data are not timely, correct, or complete, Livewire by Haike reserves the right to suspend or postpone the assignment, without prejudice to its right to charge the Client additional costs or damages.

4. Engagement

4.1. Both parties are obliged to maintain confidentiality regarding all confidential information obtained in the context of their agreement, whether online, offline or via forums. Information is considered confidential if so designated by the other party, or if it is reasonably apparent from its nature.

4.2. Livewire by Haike builds a trust-based relationship with the Client and regularly evaluates the Client’s resilience. If Livewire by Haike determines that a Client is better served by another professional, it will in good faith refer the Client and, if necessary, decline further services.

4.3. Given the confidential nature of the relationship between Livewire by Haike and the Client, both parties commit to respect this confidentiality at all times and not to disclose any confidential information to third parties.

5. Prices, Invoicing, Payment

5.1. Livewire by Haike reserves the right to adjust the agreed price if, after issuing the quotation and/or conclusion of the agreement, any elements that may affect the price beyond the parties’ control (such as, but not limited to, wages, social security contributions, fiscal measures, indexations, etc.) are changed. Livewire by Haike will inform the Client in writing and with reasons if such adjustments occur.

5.2. Unless expressly stated otherwise, all prices and amounts are always exclusive of VAT.

5.3. When the Client accepts a quotation and Livewire by Haike subsequently agrees to the assignment, Livewire by Haike will invoice an advance payment before starting execution. This advance is in principle 30% of the assignment, unless expressly agreed otherwise. Livewire by Haike will generally only commence execution once this advance has been received.

5.4. Assignments of fixed duration will be invoiced pro rata according to progress. Assignments of indefinite duration will be invoiced periodically.

5.5. Invoices of Livewire by Haike are payable immediately, and in any case by the due date stated on the invoice. If no due date is stated, invoices fall due fourteen (14) days after the invoice date. Any disputes regarding an invoice must be communicated in writing by the Client to Livewire by Haike within eight (8) calendar days, failing which the claim lapses.

5.6. For each unpaid invoice or outstanding amount, interest and damages are due by operation of law, without prior notice of default, as follows:

For non-consumer Clients: If payment is not made by the due date, the invoiced amount shall accrue annual interest of 12% automatically and without prior notice. In addition, liquidated damages of 10% of the outstanding amount, with a minimum of €250.00, shall be due.

For consumer Clients: If payment is not made by the due date, the outstanding amount will accrue default interest equal to the legal interest rate plus eight percentage points, within fourteen (14) days after notice of default, as provided in Article 5(2) of the Law of 2 August 2002 on combating late payment in commercial transactions. In addition, the following fixed damages shall be due:
a) €20 if the outstanding balance is less than or equal to €150;
b) €30 plus 10% of the amount between €150.01 and €500 if the balance lies in that range;
c) €65 plus 5% of the amount above €500, with a maximum of €2,000, if the balance exceeds €500.

5.7. In the event of late payment or non-compliance with payment terms, all outstanding invoices and debts of the Client become immediately due and payable. Livewire by Haike further reserves the right to suspend or terminate performance until full payment is received, or to consider the agreement dissolved, without prejudice to its right to claim damages.

5.8. Partial payments made by the Client will first be applied to accrued interest, costs, and damages, and only thereafter to the principal amounts.

6. Liability and Complaints

6.1. The agreement between Livewire by Haike and the Client is based on an obligation of means, not an obligation of result. The Client remains at all times responsible for their own actions during and after cooperation with Livewire by Haike. Livewire by Haike cannot be held liable for achieving any intended results.

6.2. Livewire by Haike does not perform medical acts or provide medical advice. In case of doubt, the Client will be advised to consult their physician. Coaching, retreats or other services of Livewire by Haike are not intended to replace medical treatment.

6.3. Any complaint or remark regarding a product, service, or assignment performed by Livewire by Haike must be submitted in writing by the Client within eight (8) calendar days of receipt, failing which the claim lapses. Filing a complaint does not release the Client from its payment obligations.

6.4. If the Client timely and validly reports a defect in a product, service or assignment, Livewire by Haike may, at its discretion, correct or remedy the defect, or grant compensation.

6.5. Livewire by Haike can only be held liable for damage that is proven to be the direct result of a failure attributable to Livewire by Haike. Liability is in any case limited to the price (excluding VAT) of the specific assignment in connection with which the damage occurred.

6.6. Livewire by Haike cannot be held liable for delays or defects caused by circumstances beyond its reasonable control (force majeure), such as, without limitation: illness or unavailability of personnel, supply blockages, or unavailability of products. In such cases, Livewire by Haike will promptly inform the Client in writing.

7. Intellectual Property Rights, Copyright

7.1. All intellectual property rights relating to the website, social media channels, physical and digital products are owned by Livewire by Haike. Documents provided to the Client in preparation or execution of an assignment are solely intended for use within the agreed assignment and may not be reproduced, stored, published, or disclosed to third parties without prior written consent of Livewire by Haike.

7.2. Livewire by Haike retains ownership of all its pre-existing intellectual property at all times, including know-how, design rights, processes, copyrights (including software rights), trademarks, patents, or any other intellectual property rights acquired independently of the assignment.

7.3. The Client accepts that Livewire by Haike may reference the Client (without full name disclosure) within its client portfolio, such as on its website or in presentations, and that certain results achieved may be shown as illustrations. If the Client objects, or wishes specific agreements, this must be expressly communicated at the start of the assignment.

8. Duration and Termination

8.1. The quotation will specify the duration of the assignment and/or project. Fixed-term assignments are not terminable early, unless expressly agreed otherwise or stated in these General Terms and Conditions. For agreements of indefinite duration, the agreed notice period must be observed, or in the absence thereof, six (6) months’ notice applies.

8.2. Termination or cancellation of the agreement or assignment must always be made in writing. In the event of cancellation, the Client shall owe payment for costs already incurred and services performed, plus liquidated damages of 25% of the total amount of the quotation or assignment, unless higher costs can be proven. The Client expressly accepts that it cannot invoke unilateral termination rights as provided for in Article 1794 of the Belgian Civil Code.

8.3. Either party may terminate the agreement immediately by written notice, without judicial intervention and without liability for damages, if: (i) the other party ceases to exist, is liquidated, dissolved, or discontinues its activities; (ii) attachment is levied on all or a substantial part of its assets; or (iii) the other party is declared bankrupt or bankruptcy proceedings are (reasonably expected to be) initiated.

9. Privacy and Personal Data

9.1. The Client expressly accepts that Livewire by Haike will store and process personal data (such as name, address, telephone number, email address, VAT number, etc.) of the Client and its contacts/employees, and confirms it has obtained necessary consents from such contacts/employees.

9.2. Livewire by Haike is responsible for such processing. The processing is necessary for performance of the agreement and provision of services. Data will be used for purposes such as client administration, correspondence, quotations, deliverables, and invoicing.

The Client has the right to access and rectify their data by contacting Livewire by Haike.

9.3. Livewire by Haike may use the data to inform the Client of new initiatives, promotions or marketing, subject to the Client’s express consent. The Client may object at any time to the use of data for direct marketing.

9.4. Livewire by Haike will not disclose data to third parties, except where required by law or court order.

9.5. Each party declares compliance with applicable privacy and data protection legislation, including the General Data Protection Regulation (Regulation (EU) 2016/679) and any implementing provisions.

10. Assignment of Rights

Neither party may transfer its rights, obligations, or claims under this agreement to a third party without the prior written consent of the other party.

11. Force Majeure

11.1. In case of force majeure, i.e. an unforeseeable event beyond the parties’ control which makes performance of obligations reasonably impossible, failures resulting therefrom are not attributable to the affected party.

11.2. The party invoking force majeure must notify the other party as soon as reasonably possible and in writing.

Obligations that cannot reasonably be performed due to force majeure will be suspended for the duration of the event.

12. Miscellaneous

12.1. These General Terms and Conditions and the agreement are severable. If one or more provisions are declared invalid, this shall not affect the validity of the remaining provisions. Invalid provisions will be replaced by provisions that best approximate the intended economic effect. If a provision is deemed excessively broad, it shall remain enforceable to the maximum extent permitted by law.

12.2. Failure by a party to enforce its rights shall not be considered a waiver, nor extend or alter the rights of the other party.

13. Applicable Law and Jurisdiction

13.1. These General Terms and Conditions and the entire legal relationship between the parties, as well as disputes arising therefrom, are governed by Belgian law. The application of the Vienna Convention on Contracts for the International Sale of Goods (1980) is expressly excluded.

13.2. All disputes arising out of or in connection with the legal relationship between Livewire by Haike and the Client shall be exclusively settled by the courts of the judicial district of Antwerp, Division Antwerp.