General Terms & Conditions
These general terms and conditions apply to quotations, agreements, and services provided by Mustry Solutions BV, unless otherwise agreed in writing.
1. Identity of the service provider
Mustry Solutions BV is a company with its registered office at Dreef Ter Elst 20, 8560 Gullegem, Belgium, registered in the Belgian Crossroads Bank for Enterprises under number 0790.722.422 and represented by Jasper Louage.
For questions regarding these terms or any quotation or engagement, Mustry Solutions can be contacted via hello@mustrysolutions.com.
2. Scope of application
These terms apply to all quotations, agreements, and services provided by Mustry Solutions, unless different terms have been expressly agreed in writing.
Project-specific quotations, statements of work, or written agreements prevail over these general terms where they expressly deviate from them.
3. Services and performance
Mustry Solutions performs its services professionally, properly, and in good faith, using the knowledge, experience, and care reasonably expected from a specialised service provider.
The scope of the services may be refined, expanded, or limited in mutual agreement to reflect the customer’s needs. Mustry Solutions may use employees, contractors, or subcontractors for the performance of the services, while remaining responsible for the quality and final control of the delivered work.
4. Independent contractor status
The customer and Mustry Solutions act as independent parties. Nothing in a quotation, agreement, or engagement creates an employment relationship, agency, or partnership between the parties.
Mustry Solutions remains free to organise the execution of its services, resources, and staffing in the manner it deems appropriate, subject to the agreed scope and applicable legal obligations.
5. Quotations and changes
Quotations and service descriptions are based on the information available at the time they are prepared. If the scope, assumptions, or requested services change, the parties may adjust the quotation, planning, or commercial conditions in mutual agreement.
Any exceptional costs or expenses that are not included in the quotation require the customer’s prior approval before they are charged.
6. Fees, expenses, and VAT
Fees for the services are those stated in the applicable quotation or written agreement. Unless explicitly stated otherwise, all prices are exclusive of VAT and any other applicable taxes or duties.
Mustry Solutions bears its own ordinary operating costs related to the execution of the services, except where specific reimbursable expenses have been approved in advance by the customer.
7. Invoicing and payment
Invoices issued by Mustry Solutions are payable within 30 days from the invoice date, unless another payment term has been expressly agreed in writing.
In the event of late payment, Mustry Solutions may suspend the performance of its services until all outstanding amounts have been paid. Unless expressly accepted in writing by Mustry Solutions, the customer’s purchasing conditions or other standard terms do not apply.
8. Liability
Mustry Solutions undertakes a best-efforts obligation and does not provide a general guarantee of a specific result unless explicitly agreed in writing.
To the fullest extent permitted by applicable law, Mustry Solutions is not liable for indirect, consequential, special, or incidental damages, including loss of profit, loss of revenue, loss of data, or business interruption. Any liability of Mustry Solutions is in any event limited to damages caused by wilful misconduct, gross negligence, repeated minor fault, fraud, or breach of mandatory legal obligations.
9. Intellectual property
Unless otherwise agreed in writing, intellectual property rights in works, deliverables, studies, developments, and other results created by Mustry Solutions during or in connection with the services transfer to the customer from the moment of their creation, in line with the applicable agreement between the parties.
Pre-existing intellectual property rights, methodologies, tools, frameworks, templates, know-how, and materials owned by Mustry Solutions or third parties remain with their respective owner unless they are expressly assigned in writing.
10. Confidentiality
Each party shall treat confidential information received from the other party as confidential and shall not disclose it to third parties, except where disclosure is required by law, expressly authorised in writing, or the information is already publicly available without breach of an obligation.
This confidentiality obligation applies throughout the business relationship and continues for as long as the relevant information remains confidential.
11. Data protection
Where Mustry Solutions processes personal data in the context of its services, it shall do so with appropriate care and in accordance with applicable data protection legislation.
Both parties remain responsible for complying with the legal obligations that apply to them in relation to personal data processed within the framework of the engagement.
12. General provisions
A failure or delay by either party to enforce any right under these terms does not constitute a waiver of that right. Any amendment or deviation from these terms must be agreed in writing.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be interpreted or replaced to the extent legally possible in a manner consistent with its original intent.
13. Governing law and competent courts
These terms and any agreement between the parties are governed by Belgian law.
The parties will seek to resolve disputes amicably and may use mediation before initiating legal proceedings. If no amicable solution is reached, the courts of Kortrijk, Belgium have jurisdiction.