- Payment Terms
Payment
For projects below €5,000 the invoice is issued alongside the project report and must be paid within 15 days.
For projects exceeding €5,000 payments are structured as follows:
– 30% due at project kick-off
– 30% due upon reaching 50% project completion
– 20% invoiced with the final report, payable within 15 days.
Payment Methods
Payments will be made in EUR via bank transfer.
Late Payments
In accordance with Belgian law, interest on late payments is automatically applied. The rate is determined semi-annually and currently (2024) aligns with the European Central Bank’s benchmark rate plus 8%. In addition to interest, a fixed sum of 40 EUR is due for recovery costs, which is also automatic and not subject to negotiation.
Pricing
BuildWind’s fees, as set out in the proposal, include the costs of labor, overhead expenses, and the use of BuildWind’s computational resources necessary for the execution of the project, unless otherwise explicitly stated in the proposal. - Project Start Date
Start Date
The project will usually commence within 10 business days after the acceptance of the proposal and receipt of the initial payment. - Confidentiality
Confidential Information
Both parties agree to keep all confidential information disclosed during the project strictly confidential.
Use of Information
Confidential information will only be used for the purpose of executing the project.
Disclosure
Neither party will disclose confidential information to third parties without prior written consent. - Liability and Warranty
Performance Warranty
BuildWind warrants that the services provided will meet the specifications and standards agreed upon in the proposal.
Limitations of Modelling and Simulation
The Client acknowledges that all modelling and simulation techniques fail to reproduce real physical phenomena with absolute precision to some degree: possible errors are due to necessary assumptions, unpredictable boundary conditions and other simplifications.
Limitation of Liability
BuildWind’s liability for any claims arising out of the project will be limited to the total fees paid by the Client under the agreement.
Indemnification
The Client agrees to indemnify and hold BuildWind harmless from any claims, damages, or expenses arising out of the Client’s use of the deliverables. - Intellectual Property
Ownership
All intellectual property created during the project will be the property of the Client upon full payment.
Licensing
BuildWind grants the Client a non-exclusive, royalty-free license to use any pre-existing intellectual property incorporated into the deliverables.
Use of Results
Results by BuildWind are for the sole use of the Client and in accordance with generally accepted consultancy principles, the budget for fees and the terms of reference agreed between BuildWind and the Client. No third party may rely upon the results without the prior and express agreement of BuildWind. Results are intended not to be used for any other purpose than the one agreed by BuildWind and the Client. Any subsequent alterations to the design may influence these findings, possibly requiring further review by BuildWind. - Termination
Termination by Either Party
Either party may terminate the agreement with 30 days written notice.
Termination for Cause
Either party may terminate the agreement immediately if the other party breaches any material term of the agreement and fails to remedy the breach within 15 days of receiving notice.
Payment upon Termination
In the event of termination, the Client will pay BuildWind for all services rendered and expenses incurred up to the termination date. - Amendments
Modifications
Any modifications or amendments to the agreement must be made in writing and signed by both parties. - Force Majeure
Definition
Neither party will be liable for any failure or delay in performance due to causes beyond their reasonable control, including natural disasters, acts of government, or other unforeseeable events.
Notification
The affected party must notify the other party promptly and make reasonable efforts to mitigate the impact of the force majeure event. - Governing Law
Jurisdiction
The agreement and any non-contractual obligations arising out or in connection with it shall be governed by and construed in accordance with Belgian law.
Dispute Resolution
Any disputes arising under the agreement will be resolved through negotiation, and if necessary, through mediation or arbitration in Brussels, Belgium. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation. Mediation will be conducted in Brussels by a mutually agreed-upon mediator, and the costs of mediation will be shared equally by both parties. If the dispute is not resolved through mediation within 60 days, either party may submit the dispute to binding arbitration. Arbitration will be conducted in Brussels. The arbitration decision will be final and binding on both parties, and the costs of arbitration will be borne as determined by the arbitrator. In the event that any dispute arising under the agreement requires judicial intervention, the parties agree that the competent court shall be the court of Brussels, Belgium. - Entire Agreement
Entire Agreement
The current agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, and representations.
