Terms & Conditions

These terms apply to every quotation, order, delivery and service of HVG Solutions, and to the use of this website. They are the baseline: whenever we sign a contract with you, that contract comes first.

1. Scope

These terms ("the Terms") govern the relationship between HVG Solutions ("HVG"), identified in our Legal Notice, and any professional client ("the Client"): development, automation, integration and support services, subscriptions to our own products, and any hardware supplied with them.

The Client accepts the Terms by accepting a quotation, placing an order or starting to use a service; the applicable version is the one published here on that date. The Client's own purchase or general conditions do not apply, even if communicated later, unless HVG accepted them in writing.

2. A signed contract prevails over these Terms

Any agreement signed by both parties prevails over these Terms for everything it covers, whether it was signed before or after the version in force, and in particular for any contract signed after their publication.

These Terms keep applying to whatever a signed agreement leaves unaddressed, so no point is left without a rule. Where that agreement sets its own order of precedence, that order applies inside it.

Conversely, a new version of these Terms does not amend an agreement already signed.

3. Use of this website

The site is informational and its content and branding remain HVG's property. You agree to use it lawfully and not to disrupt it or access any part of it without authorization. Prices shown are indicative, exclude VAT and are not an offer.

4. Quotations, prices and timelines

A quotation is valid 30 days unless it states otherwise and binds HVG only once accepted in writing or electronically. Any change of scope is the subject of a written amendment or a new quotation, and may affect the price and the timeline.

Prices exclude VAT and are expressed in the currency of the quotation. Unless the quotation lists them, they exclude hardware, third-party licences and subscriptions, hosting, payment provider fees, travel and public charges. Recurring prices and their revision are set by the applicable subscription or service contract.

Timelines are indicative unless a date is described as firm. A delay attributable to the Client extends them accordingly.

5. Invoicing and payment

Invoices are payable within the period stated on them, failing which within 15 calendar days. An invoice must be contested in writing, with reasons, within 8 calendar days of receipt, failing which it is deemed accepted.

On late payment, without notice being required, the outstanding amount bears interest at the statutory rate for commercial transactions under the Belgian Act of 2 August 2002, together with the fixed compensation of 40 EUR for recovery costs and the reasonable costs actually incurred beyond it. The same interest is due by HVG on any sum it owes the Client and pays late.

After a written reminder left without effect for 15 calendar days, HVG may suspend the services concerned until payment, without compensation. The Client may not set off any amount without HVG's written agreement.

6. Hardware: risk and retention of title

Risk passes to the Client on delivery. Title remains with HVG until full payment of the principal, interest and costs. Until then the Client may not resell, pledge or encumber the hardware, and must inform HVG without delay if a third party seizes or claims it. Hardware carries the manufacturer's warranty, which HVG passes on and does not extend.

7. Intellectual property and licences

HVG's products are licensed, not sold: a non-exclusive, non-transferable right to use them for the Client's own business, for the duration and within the scope of the subscription.

For bespoke development, ownership is defined in the relevant agreement; failing that, HVG retains it and grants the Client a non-exclusive, perpetual right to use the deliverables internally. HVG retains in every case its pre-existing know-how, tools, libraries and generic components, and remains free to reuse them.

8. The Client's obligations

The Client provides accurate information, appoints a contact able to decide, answers requests for validation within a reasonable time and gives HVG the access needed. It keeps its credentials confidential, uses the services lawfully and remains responsible for the content and the personal data it puts into them.

9. Claims and warranty

Visible defects must be notified in writing within 8 calendar days of delivery, hidden defects within 8 calendar days of their discovery, failing which the delivery is deemed accepted. Where a claim is founded, HVG corrects or replaces the non-conforming element, at its choice, within a reasonable time. The warranty does not cover misuse, changes made without HVG's agreement, third-party software or services, or a failure of an environment HVG does not operate.

10. Liability

HVG is bound by an obligation of means. Its liability is limited to direct damage and capped, per event, at the amounts invoiced for the service concerned over the preceding twelve months. Indirect damage is excluded, in particular loss of profit, turnover or clientele, reputational harm, loss of data not attributable to HVG, and third-party claims.

These limitations do not apply in the event of fraud or wilful misconduct, of damage to life or physical integrity, or wherever the law does not allow liability to be limited.

11. Personal data

Where HVG processes personal data on the Client's behalf it acts as processor, and the data processing agreement (DPA) attached to the applicable contract governs that processing. For the data HVG processes as controller, see our Privacy Policy.

12. Confidentiality

Each party keeps confidential the non-public information it receives from the other, uses it only for the engagement, and continues to do so for three years after the end of the relationship. Information that is public, already known without breach, or whose disclosure is required by law or by an authority is excluded.

13. Force majeure

Neither party is liable for a failure caused by an event beyond its reasonable control. The affected obligations are suspended for its duration; if it lasts more than 60 calendar days, either party may terminate the affected services by written notice, without compensation.

14. Termination

One-off services end on delivery; recurring services run for the term set by the applicable subscription or service contract. Either party may terminate for a serious breach not remedied within 15 calendar days of a written notice describing it. Amounts due for work already performed remain payable.

15. Subcontracting, assignment and references

HVG may call on subcontractors and remains responsible for their work. HVG may assign the relationship to an affiliated company, a successor or an acquirer of its business; the Client may not, without HVG's written agreement. Unless the Client objects in writing, HVG may mention its name, trade name and logo as a commercial reference.

16. Changes to these Terms

The version applicable to an order is the one published here on the date the quotation was accepted or the order placed. For a recurring service, a change is notified at least 30 calendar days before it takes effect, and the Client that refuses it may terminate the affected service, at no cost, before that date.

17. Miscellaneous

Severability. If a clause is held void, the others keep their full effect and it is replaced by a valid provision of equivalent effect.

No waiver. Not relying on a breach or a clause is not a waiver of the right to rely on it later.

Notices. Notices are validly given by email to the addresses the parties have communicated to each other.

Electronic acceptance. Accepting a quotation electronically, including through HVG's client portal, validly expresses consent and has the same evidential value between the parties as a handwritten signature.

Language. In the event of a divergence between language versions, the French version prevails.

18. Governing law and jurisdiction

These Terms are governed by Belgian law. Any dispute falls within the exclusive jurisdiction of the courts of the judicial district of Hainaut, Tournai division.

Questions? Contact us.